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1

A Few Remarks on Legal Translation and Intercultural Encounters

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Witczak-Plisiecka I.

Research in Language

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2020

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tom 18

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nr 3

265-281

EN

The text offers comments on legal translation and its special nature. It is argued that legal translation is much different from other types of specialised translations. Unlike the language of engineering or medicine, legal language does not only refer to the related specialised practice, i.e. the law, but constitutes legal reality, being at the same time an instrument with which legal disputes are resolved. In the context of translation, legal language is particularly challenging as the process of finding equivalence is not restricted to interlinguistic level, but invites both intralinguistic and intersemiotic considerations. Moving not only between different natural languages, but also between different legal cultures, legal translators have to face problems that can often be naturally found in intercultural communication.

2

Mediation in Different Areas of Chinese Legal Reality – Parametrisation of Selected Terminology

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Nowak-Michalska J.

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nr 1

175-186

EN

The paper deals with terminological issues in legal translation. The author has researched the process of establishing equivalents for partially equivalent terminology, using the parametrical approach to legal translation. The research consists of the terminological analysis of the texts of mediation regulations formulated in Chinese and Polish. The objective was to establish translational equivalents in the case of significant differences between the legal systems of the above mentioned linguistic area. The research was financed from the research grant no. 2012/07/E/HS2/00678, titled: Parameterisation of legilinguistic translatology in the scope of civil law and civil procedure awarded by the National Science Centre of the Republic of Poland (Sonata Bis program). Determining the acceptability of functional equivalents in the selected linguistic area is possible by comparison of their semantics with the legal structure in different legal systems and cultures. The author investigates if attributing properties from dimensions relevant in translation to mediation law terms can be helpful in the process of translation.

3

Developing Translation Competence Within the Lifelong Learning Programme for Lawyer-Linguists in the Republic of Croatia

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Kordić L.

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nr 1

97-110

EN

Translation competence includes a complex variety of cognitive, linguistic and cultural skills. Translation in the field of law represents an even more demanding process, as it can be defined as “an act of communication in the mechanism of law” which leads “to legal effects and may induce peace or a prompt war” (Šarčević, 1997). In this paper, different aspects of the translator’s competence in legal translation are discussed. In the introductory part, an overview of theoretical approaches to the translation process is offered. The main part of the paper is dedicated to problems and challenges that legal translators are faced with. Special attention is paid to teaching the documentary approach to translation of EU legislation within the Lifelong Learning Programme for Lawyer-Linguists in the Republic of Croatia. The problems occurring in legal translation and competences of legal translators are discussed from the teacher’s perspective, based on the experience in teaching the course Introduction to the Theory of Legal Translation and Terminology within the Lifelong Learning Programme for Lawyer-Linguists at the Faculty of Law, University of Osijek, Croatia.

4

A Parameter-based Method for Translating Polish Contract Law Terms into Spanish

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Nowak-Michalska J.

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nr 1

277-287

EN

The paper deals with problems of legal translation from Polish into Spanish. It analyses selected terms related to contracts which are regulated in the Polish Civil Code and their possible translations into Spanish. In order to find adequate translation equivalents the author applies the method of parametrisation of legal terms (along with the method of comparing parallel texts and the skopos theory). The parametrisation of legal terms helps to systematically characterise and compare them and thus to identify differences in the meanings of the source language and target language terms and to choose the best equivalents. It may also facilitate the selection of a technique of providing translation equivalents for non-equivalent or partially equivalent terms. Parametrisation is understood as determining for each analysed term a set of properties it shows with respect to translationally relevant parameters – one property out of each parameter. A parameter is conceived of as a set of homogeneous properties.

5

Presupozycje poszanowania podstaw aksjologicznych w rosyjskich i polskich konstytucyjnych unormowaniach pozycji religii

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Nawacka J. , Nawacki M.

Acta Neophilologica

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2016

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nr 18/2

37-55

EN

The article constitutes an attempt to reconstruct presuppositions of respect for axiological foundations present in communications sent in legal language and understood at the directive level. The analysis focuses on the presuppositions which originate in the sphere of religion and relationships between communities of believers and the sovereign, who is the sender in the communication process. Juxtaposing communications sent in Polish and Russian legal language related to the constitution allows one to distinguish and name the presuppositions in question. Moreover, this makes it possible to address communication difficulties in translation which result from differences in the occurrence of presuppositions, differences which have impact on extensions of legal terms in these languages.

6

Problemy terminologiczne w przekładzie tekstów prawnych z zakresu prawa pracy na przykładzie języka niderlandzkiego i polskiego

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Tryczyńska K.

Applied Linguistics Papers

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2019

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nr 26/3

87-103

EN

Law and language are so closely intertwined, that it is not possible to separate the two. Legal language is characterised by a high degree of precision on the one hand, and by the use of generalisation, of terms that are specific to the legal domain and of terms that occur in LGP, on the other. Legal terms are units of legal knowledge and they cause translation problems because they are system-bound as a result of the evolution of law and the parallel development of legal language. The aim of this paper is to provide an overview of the main terminological difficulties of legal translation in the Dutch - Polish language combination. Firstly, the author discusses the theoretical foundation of the relationship between law and language as well as terminological problems in legal translation, before going on to focus on the outlined problems. Secondly, the brochure on the Dutch Working Time Law (nl. Arbeidstijdenwet) and its Polish translation are analysed in relation to the applied translation techniques, in order to discuss the adequacy of the translation of several terms within the domain of labour law. Finally, the author presents the results of a detailed terminological analysis of chosen Dutch terms excerpted from the examined texts.

7

Interferencja w przekładzie jako skutek wzajemnych oddziaływań języków (na przykładzie tłumaczeń tekstów z zakresu prawa w parze językowej polski–rosyjski)

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Stec W.

Studia z Filologii Polskiej i Słowiańskiej

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2020

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tom 55

PL

W tekście przedstawiono zagadnienia transferu językowego w przekładzie. Interferencja zewnętrzna uważana jest za jedną z podstawowych przyczyn zakłócenia ekwiwalencji między tekstem źródłowym a docelowym tłumaczenia. Transfer negatywny przyczynia się do braku poprawności językowej, modyfikacji czy zmiany sensu w przetłumaczonym tekście. W dydaktyce przekładu identyfikacja i analiza błędów służą wyrobieniu i doskonaleniu umiejętności translatorskich. Temat zaprezentowano na materiale tłumaczeń prawniczych w parze językowej polski–rosyjski.

EN

This article considers the issue of language transfer in translation. External interference is one of the most common reasons behind the lack of equivalence between the source text and the target text. Negative transfer leads to the lack of linguistic correctness as well as to modifying or altering the meaning of the translated text. In the didactics of translation, the rationale behind identifying and analysing linguistic errors is to develop and improve translation skills. The issue in focus is presented based on translations of legal texts in the Polish–Russian language pair.

8

Defining Law Terms: A Cross-Cultural Perspective

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Jopek-Bosiacka A.

Research in Language

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2011

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tom 9

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nr 1

9-29

EN

Legal definitions are vital for effective legal communication. This paper outlines main conventions of formulating definitions in statutes and contracts. Legal definitions are analyzed here from cross-cultural perspective against (legislative) drafting guidelines and theory of law. Their formulation may depend, inter alia, on legal system, branch of law, legal genre, position within the document, and type of legal definition. An attempt is then made to examine how formal aspects of formulating legal definitions may affect the interpretation and thus translation of law terms. This interdisciplinary cross-cultural examination provides a theoretical basis for sketching main approaches to English-Polish (Polish-English) translation of the definition section in ratified international instruments published in Polish Journal of Laws. The translation practice trends towards legal definitions seem to be more and more informed by the globalization and ‘Europeanisation’ processes now constituting a still broader context of legal communication rather than confined to the text of a legal instrument itself.

9

Translating Law into a Dictionary. A Terminographic Model

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Szemińska W.

Research in Language

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2011

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tom 9

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nr 1

177-186

EN

The purpose of the paper is to present a model dictionary which could serve as a tool for professional translators of legal texts. Firstly, the methodological approach which was adopted in order to create the model is delineated. It is based on the combined specialist knowledge of three disciplines, namely terminography, translation studies and law. Subsequently, the notion of the translation dictionary as a separate type of terminological dictionary is presented, with particular emphasis on the unit of translation and translation equivalence. The following part of the paper characterises translation of legal texts and its implications concerning the needs of the translator as well as the role of the dictionary in the translation process. Finally, the paper proposes a model dictionary, constructed according to the methodological rules determined at the beginning and in the light of the conclusions drawn from the following analysis.

10

LATIN MAXIMS AND PHRASES IN THE POLISH, ENGLISH AND FRENCH LEGAL SYSTEMS – THE COMPARATIVE STUDY

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Gałuskina K. , Sycz J.

Studies in Logic, Grammar and Rhetoric

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2013

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tom 34

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nr 1

9-26

EN

The aim of this research paper is to examine Latin in the context of legal translation between the Polish, English and French languages. Latin ap- pears in contemporary legal discourse in the form of maxims, short phrases and terms. Even though it constitutes an integral element of legal drafting, Latin often attracts little attention from legal translators. It is falsely assumed that Latin elements of the text do not require translation due to several miscon- ceptions related to the Latin language. Firstly, Latin is generally perceived as a global language with no local variations in form. Secondly, Latin is believed to be the universal point of reference in international communication (which is true only in the case of the natural sciences). Thirdly, Latin legal phrases or maxims are thought to originate solely from Roman law, thus they express only Roman legal thought. In the first part of the paper we will address the above issues. To this end, we will briefly discuss the historical presence of Latin in the European lin- guistic context. We will then present the results of our research into the use of Latinisms in the Polish, French and English legal systems. The subject of our research was a set of twenty Latin maxims and phrases that frequently appear in the decisions of the Polish courts. During the first stage of the analysis, the items in question were verified in Legalis (the on-line service devoted to Polish law). The second stage of the research involved the consultation of monolingual dictionaries of French and English legal language to verify the universal charac- ter of the analyzed Latinisms. During the third stage of the analysis, we looked at the practical use of Latinisms in online databases of legal texts (Dalloz.fr, Westlaw International). The paper concludes with some comments on Latinisms in lexicographical publications and online sources.

11

LEGAL TRANSLATION COMPETENCE IN THE LIGHT OF TRANSLATIONAL HERMENEUTICS

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Piecychna B.

Studies in Logic, Grammar and Rhetoric

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2013

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tom 34

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nr 1

141-159

EN

This paper is concerned with the concept of translation competence as seen from the perspective of translational hermeneutics. The first part of the article provides a short survey of how translation competence and its develop- ment has been described so far, with a particular focus on the legal translator’s skills and abilities. The second part of the paper briefly presents the notion of translational hermeneutics together with its main concepts. The aim of this part of the article is also to show similarities between the translation phenomenon and hermeneutical studies. Finally, building on Stolze’s (2011) hermeneutical model of translation, the last part of the paper presents the main features of a hermeneutical model of legal translation competence.

12

Defining Law Terms: A Cross-Cultural Perspective

100%

Jopek-Bosiacka A.

|

EN

Legal definitions are vital for effective legal communication. This paper outlines main conventions of formulating definitions in statutes and contracts. Legal definitions are analyzed here from cross-cultural perspective against (legislative) drafting guidelines and theory of law. Their formulation may depend, inter alia, on legal system, branch of law, legal genre, position within the document, and type of legal definition.An attempt is then made to examine how formal aspects of formulating legal definitions may affect the interpretation and thus translation of law terms. This interdisciplinary cross-cultural examination provides a theoretical basis for sketching main approaches to English-Polish (Polish-English) translation of the definition section in ratified international instruments published in Polish Journal of Laws.The translation practice trends towards legal definitions seem to be more and more informed by the globalization and ‘Europeanisation’ processes now constituting a still broader context of legal communication rather than confined to the text of a legal instrument itself.

13

Wybrane aspekty rosyjsko-polskiego przekładu tekstów prawnych w kontekście wyrażenia statusu ich obowiązywania

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Nawacka J.

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tom Tom 1 Nr XXIII

123-138

EN

The present paper concerns translation of legal language as an act of communication and constitutes an attempt to reconstruct the presuppositions of legally binding statements that appear in messages which are sent in legal language and which are read on the directive level. The problem of the binding of a legal act might seem irrelevant from the point of view of translation. This is so because the descriptive layer of a message does not change depending on whether a given norm enters into force or not, or whether it loses its binding power or not. However, the sender of a message in legal language does not send a message devoid of information concerning legal binding. The latter is the main constitutive element of every message sent in legal language, which in turn results in communication based on presupposition.

14

Law and Legal Linguistics in a Constant State of Transition

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Wagner A. , Matulewska A.

Comparative Legilinguistics

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2021

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tom 47

7-16

EN

Legal linguistics or jurilinguistics as it has been called recently, is a relatively new field of research. The first research into the field started with analysing the content of laws (the epistemic stage). Later on, lawyers started being interested in manners of communicating laws (the heuristic stage). This Special Issue of Comparative Legilinguistics contains two texts devoted to the development of legal linguistics, legal languages and legal translation and two papers on an institutional stratification of legal linguistics. It is a continuation of research published in the same journal (Special Issue no. 45 titled “The Evil Twins and Their Silent Otherness in Law and Legal Translation”) providing some insights into the problems of communication in legal settings.

15

Rozbieżności pojęciowe w anglosaskim i polskim prawie karnym. Studia przypadków

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Gościński J.

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2021

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nr 14

201–209

EN

The segmentation of extralinguistic reality in various languages in many cases does not overlap, which is one of the sources of translation difficulties. The problem is particularly evident in the area of law because different communities mold this sphere of life in divergent manners, creating institutions unknown to other legal systems or building up conceptual networks specific to those systems. This last issue has become the subject of analysis. The author examines selected English law based and Polish criminal law terms, revealing semantic shifts between them and the consequences of the shifts for the translation process. The investigated terms are as follows: homicide, murder, manslaughter, assault, battery, and burglary. The author studies their legal meanings juxtaposing them with the meanings of the Polish terms proposed in dictionaries and glossaries as equivalents for the English terms (for instance, morderstwo, zabójstwo, pobicie, naruszenie nietykalności cielesnej, kradzież z włamaniem, włamanie). The analysis confirms the soundness of a comparative approach to the translation of legal terminology advocated by Peter Sandrini: in order to decide whether a proposed equivalent can be used, its notional content must be compared with the notional content of the original term in a given context.

16

Egzamin na tłumacza przysięgłego w kontekście praktyki wykonywania zawodu tłumacza przysięgłego

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Pietrzak A.

Heteroglossia. Studia Kulturoznawczo-Filologiczne

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2022

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nr 13

279-291

EN

The aim of this article is to critically discuss the principles that allow the profession of sworn translator to be practised in Poland. The rules of conducting the written examination for a sworn translator were evaluated. The assessment is based, among other things, on errors and mistakes made in the examination. In addition, the examination requirements were compared with the realities of working as a sworn translator, and proposals were made for further modifications of the examination. The analysis is based on the examination of sworn German translator.

17

La lexicografía frente a la variación diatópica en el léxico jurídico-administrativo español

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Sorbet P.

Estudios Hispánicos

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2015

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tom 23

209-221

EN

There is no doubt that the diatopic variation of Spanish, especially in the lexical aspect, highlights numerous historical, economic, terminological and sociolinguistic differences among the Spanish-speaking countries. These differences can cause problems and errors in specialized translation as they affect the terminology used in the distinct jurisprudential systems. The aim of the present paper is to conduct a brief analysis of certain terms pertaining to the legal vocabulary of the Polish language and compare them with their equivalents or near-equivalents in both European Spanish as well as some Spanish variants of America.

18

Określenia podmiotów czynności prawnych w chińskim języku prawnym

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Kozanecka P.

Studia Iuridica

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2020

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tom 83

64-77

PL

The aim of this paper is to analyze the terms of the subjects of acts in law in Chinese legal language. Morphologically, Chinese is an isolating language. It also uses a non‑alphabetic writing system. Creating the terms of the subjects of acts in law is governed by fairly strict language rules; however, there are numerous exceptions that may be misleading for the translator. These terms are commonly used, among others, in the civil law contracts and therefore are an important element of the legal language, also used by non-specialists (e.g. parties to the contract). The analysis of particular terms has allowed to identify the aforementioned general rules in the legal language, as well as to find some exceptions. The research material included the civil law acts (General Principles of Civil Law of the PRC, new General Provisions of Civil Law of the PRC, the Contract Law, and the Inheritance Law – in modern Chinese law, as yet, no unified civil code has been adopted, therefore its role is played by the general law and the so-called satellite laws). The study is complemented by the comparison of the Chinese legal terms and their suggested Polish equivalents, which can be a valuable help for translators.

19

The Role of Generic Competence and Professional Expertise in Legal Translation. The Case of English and Polish Probate Documents

88%

Goźdź-Roszkowski S.

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nr 1

51-67

EN

This paper seeks to demonstrate how the concept of generic competence (primarily intended for monolingual specialized communication) could be extended to address important issues in translating legal texts. First, generic competence is discussed against the backdrop of the related concept of translation competence. Then, a case study is presented which examines a closely related set of documents employed by the professional community of lawyers (represented by an English solicitor and Polish advocate) engaged in the specialist domain of probate law (legal process related to the estate of a deceased person). It is argued that both generic competence and professional expertise should be included in the range of competencies required for the translator of legal texts.

20

Překladové právnické slovníky: budou brzy minulostí?

88%

Duběda T.

Časopis pro moderní filologii (Journal for Modern Philology)

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2024

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tom 106

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nr 2

179-192

EN

The role of bilingual and multilingual legal dictionaries in translation and legal communication is changing as the availability of various online resources increases. It turns out that most legal dictionaries published in the EU do not meet the standards of an ideal legal dictionary, in which linguistic data are supplemented with relevant law-related information. Furthermore, there is a strong disparity in terms of availability between dictionaries of major European languages and those of languages of limited diffusion. In the Czech context, bibliographic data indicate that a massive wave of legal lexicographic activity culminated around the year 2000. Since then, the trend has been dropping sharply. The authorship of the dictionaries, among which major European languages and Latin predominate, is almost exclusively in the hands of Czech authors. The decline of paper dictionaries does not seem to be fully compensated by online dictionaries for the time being. Yet the potential of electronic platforms for legal lexicography is considerable in terms of capacity, userfriendliness, accessibility and sustainability.