foxyladylingerie

by JAT (Japan Association of Translators)

Legal translation

Whatever President Barak Obama’s says about automated translations, as long as automated lawyer’s office remain a futuristic dream, it is unlikely that legal translations will be performed by Translation Machines ™…

For laymen, translating appears to be a relatively simple process, consisting in taking words from one language (the source language) and restituting them in another language (the target language) with the necessary grammatical adjustments.

This does indeed covers the general idea of what a translation entails, though a professional translator’s qualifications cover more than simply the in-depth knowledge of two languages.  When applied to the legal field, the work of a translator is considerably complicated as every country has its own legal system, with its own particularities. And the same word does not necessarily translate into the same reality.

A perfunctory glance at a sample of translation problems arising simply from the official institutions of two different countries will illustrate the difficulty pertaining to legal translations. Two different legal systems will have either:

1.            the same institution, governed in the same way. This case is extremely rare, if not non-existent;

2.            the same institution, governed differently (even if only slightly);

3.            an institution that exists in one legal system but no longer exists in the other;

4.            an institution that exists in one legal system but does not exist in the other.

Point Nr 1. poses virtually no problem, the legal translator only has to check the translation of the statute, ruling or other used in the target country and ensure that their content are a match.

 Point Nr 2. can be illustrated by the term “House of Representatives”. Intuitively, it is natural to think that we know the meaning of the word. However, depending on the country, the practical implications vary widely. It might refer to a unicameral legislature or to the lower chamber of a bicameral legislature. Or, as some cases like in Israel for example, it has a radically different name, the Knesset, with it’s own specific rules. It is the legal translator’s responsibility to ensure that the translation of the term matches the reality on the ground in the target country.

Point Nr 3. is best exemplified by the differences between former and existing monarchies. In existing monarchies, terms like “Royal Edicts” are still part of the jargon. The translation of the legal implications of such a term in non-monarchic legal systems implies that the legal translator fully masters both legal systems.

Point Nr 4. our last case, is perfectly illustrated by the differences between countries where the concept of separation between State and religion is the rule, exists partially or would be seen as heretical. This is particularly important in all matters relating to family law, such as marriage, divorce and inheritance, where religious courts are particularly important in countries where religious authorities play a pivotal role.

These are just some of the most obvious examples of the particularities specific to the profession of any specialized legal translator. This is why the use of automated translation for legal translation is unlikely to be happening soon.

 

 

 

 

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by Marvin (PA)

Legal Translation: Requirements and Issues

Legal translation is the translation of texts within the field of law.

Globalisation and the increase in international business relations and political and economic integration, which led to integration between legal systems, made the demand for legal translations higher than ever.

Successful legal translations must meet the following requirements:

Accuracy and attention to detail;

Knowledge of the legal systems, both of the source and target languages;

Familiarity with the relevant legal terminology;

Confidentiality;

Timely delivery of your translated documents.

Accuracy of a legal document translations depends largely on word selection and syntax. The formal language contained in a document shall be used in the same order. A slight paraphrase can change the legal meaning of a document. Highest accuracy includes identifying the local language requirements and proofreading documents before delivery.

Accurate legal translations can be delivered only by highly specialised translators who have a comprehensive working knowledge and experience in the legal industry.
A legal translator not only translates from one language into another but also translates from one legal system into another and must understand local culture and have an in depth knowledge of the legal system in place in the country for which the translation is intended.

Legal translation is often more difficult than other types of translation because each system has its own legal terminology.

A good legal translator shall have extensive knowledge of the relevant legal terminology in both the source and target languages and be a specialist in a particular legal area, such as:

- International law
- Civil law,
- Corporate law,
- Property law,
- Tax and accounting law,
- Insurance law,
- Patent law and etc.

Since many legal documents contain sensitive data, all law translations are to remain strictly confidential.
Legal translators shall accept confidentiality and security issues very seriously and be able to provide a non-disclosure agreement.

Most legal documents have deadlines in court and are useless after those dates.
All law documents have to be translated and delivered before the deadline. A stringent approach to quality control can ensure the delivery of stylistically consistent translations on time even under the most pressing delivery schedule.

When it comes to legal translation, a translator is required to have an extensive knowledge of law and to understand local cultures and sociological nuances of those cultures in order to convey the message across sufficiently.
Successful legal translations must also meet the requirements of accuracy, confidentiality and punctuality.

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