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This paper examines the relationship between legal transplant and legal translation and their roles in cultural transfer. It classifies legal transplants into two kinds: legal imposition at the socio-political level and legal translation at the socio-linguistic level. Legal translation is usually the major conduit of legal transplant in the case of legal reform in the receiving country. Since transplantation involves the transfer of the conceptual thinking of the imported law, legal transplant often brings about a transfer of legal culture. Legal translation as a form of legal transplant always involves the transfer of the legal culture of the translated law at the socio-linguistic level. Legal translation in the context of Hong Kong serves as a case of foreignization, requiring both linguistic and conceptual adjustment of the translating language to accommodate the imported culture.

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Terminológiai problémák a jogi szakfordításban

Korlátolt felelősségű társaság-e a limited liability company?

Magyar Terminológia
Author:
Zsófia Varga

2 163 176 . M Harvey 2000 A Beginner's Course in Legal Translation: the Case of Culture-bound Terms

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This article explores the possibilities of using parallel texts in Polish, Hungarian and English legal translation and legal translation teaching. The authors focus on petitions, a special genre of the legal register, and show that the macrostructure of Polish, Hungarian and English are different: they are composed of the same elements, but these are ordered differently. Polish petitions may be written by lawyers as well as lay persons, thus the language used in them may be both legal and colloquial depending on the author. English petitions are usually executed by lawyers, or they are simply forms which are filled in by claimants. In Hungary a claimant also fills in a form. What may pose serious translation problems is the part called the grounds of the petition, as it may be written in a specialpurpose register or in colloquial language. Despite the differences, parallel texts of petitions in Polish, Hungarian and English provide the translator and trainee translator with more reliable equivalents than dictionaries, and not only for technical terms, but also for phraseological units and formulaic sequences.

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In an attempt to establish a possible ‘norm’ for the distribution of translation modalities in English → Portuguese translational relationship, a varied sample of three different text typologies (legal, technical, and corporate) with six representative texts of each typology was compared, producing a total of 9,000 lexical items. By applying Vinay & Darbelnet’s and Aubert’s models, it was possible to obtain a basic pattern of the distribution of the most used translation modalities as well as to verify certain variables, such as the correlation between a higher or lower fluctuation in the frequency of the modalities and different types of texts. From three different levels of data analysis, we observed a translation hierarchy in relation to the three most frequent categories: literal translation, transposition and modulation and also that legal texts on the one hand, and technical and corporate texts on the other, seemed to organise themselves into two major groups. We also obtained some elements which would enable us to sketch a correlation between the modalities of literal translation and technical and corporate texts, as well as a correlation between the modalities of modulation and transposition with modulation and legal texts.

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After close observation of the general practices of translating End-User License Agreements (EULAs) from English into Spanish, it was found that there were inconsistencies in the way in which translation companies dealt with the problem of the legal terms and principles found in this type of document. Some companies accounted for the difference between the legal requirements of the source text and the target text whilst others did not. This finding flagged up the need to analyse how EULAs were being translated, and to determine how research into the translation process could contribute to improving the way in which professional translators approached the translation of these documents. The aim of the LAW10n project was first to analyze all relevant aspects of the translation of software license agreements from English into Spanish and, secondly, to improve the quality of these translations by ensuring that the differences in the legal requirements of source and target texts are taken into account during the translation process, thereby best satisfying the communicative goal. The methodology used in the project was based on direct observation and interviews with translators and companies involved in translating EULAs using a validated questionnaire. Analysis of the data obtained provided a general description of the process of translation used and evidenced its shortcomings. As a result, proposals have been made for the improvement of the process of translating EULAs, including the creation of a web-based tool with translation resources. Future research contemplates expanding the data-gathering process and proposals for improvements in the translation of these documents in other languages and cultures.

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This paper aims to distinguish between the process of unification of law and the unification of national languages of the law and to show that both processes are partial and governed by similar rules. Translators are not expected either to make their national legal terminology or phraseology similar to those applied in the international sources of law, except for new terms coined for legal concepts previously unknown in a given legal system. Attention of the reader is also turned to the ignorance sometimes demonstrated by subject specialists in the field of the term formation principles and, at the same time, the unquestionable importance of their part played in the process of legal translation, as well as the phenomenon of “local translation usage” that, irrespective of its irrational nature, should be taken into account. This is why there is a need to develop the awareness of the specific register and phraseology of the national language of the law as well as to train inexperienced translators in their native legal languages in order to avoid uncontrolled foreign influence and undesired linguistic interference.

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Court interpreting Legal translation Legal interpretation Descriptive vs. committed approaches

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. H. , & Segers , W. ( 2017 ). Evaluation of legal translations: PIE method (Preselected Items Evaluation) . Journal of Specialised Translation

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