Theory of Legal Translation Unit 1 Introduction

The theory of legal translation as a linguistic discipline  General theory of translation studies the most general laws of linguistic transfer, regardless of the specific features of language pairs.  Bilingual theory of translation studies particular linguistic aspects of translation from one language to another in the test pair. Specialized theory of translation examined the translation of texts of different types and genres, as well as the impact on the character of the process of speech forms and Modalities

Theory of Legal Translation  Translation categories (such as equivalence, adequacy, relevance, transformations) in the process of their function and application to the translation of legal discourse different genres

Legal Discourse and Translation Theory (1) The text as the material product that fixes communication, and reveals meaningful connections and completeness, structural and compositional clearance. The text as the reflection of extralinguistic - pragmatic, socio-cultural, psychological, and other factors, the text in the event-aspect..it is discourse (Arutyunova 1990)

Legal Discourse and Translation Theory (2) A kind of institutional discourse  typical social attitudes in social institutions; communication between people according to the rules of a corporate community;  not only linguistic but social; determination of its communication tools  a set of expression depends on the communication situation and the requirements of a particular social /corporate community/institution;

Legal Discourse and Translation Theory (3)  LD as a set of appropriate genres  speech genre is associated with verbal communication, sphere of communication, participants (scientists, experts, non- experts), the situation of communication, its purposes,etc.;  all the above is reflected in the content of the texts that are typical for a particular sphere of communication;  such texts are a form of existence of the relevant genres of discourse, its linguistic expression  Specificity of legal language (prof Udina’s material)

Legal texts classification  1) scientific legal texts (the main function is to fix socially significant new scientific knowledge in order to inform the scientific and professional community, this group includes monographs, articles, abstracts, reviews, and other types of scientific texts); 2) codifying and regulating texts embedded in professional legal activities (the main function is a tool of communication and the way of specialists’ professional activities; include texts of business correspondence,legal documents, acts, codes, other texts that are typical for judicial and legal sphere); 3) texts reflecting laymen speech activities in the legal field (the main function is to communicate and dsicusse, texts are drafted by non-professionals, include accounts, newspaper and magazine articles on legal topics, etc.).

Interdisciplinary Nature of Legal Translation  Comparative Law Data  Research in legal terminology,  Legal Linguistics Data,  Research in the field of human rights,  Practical data from countries that are officially bilingual (e.g. Canada).

Key Features (1): Interpreting (Hermeneutics)  IALT origins are laid in Danica Seleskovich’s work (French school of Interpreting Studies),  Every translation is an interpretation of meaning, the sequence of operations with the ideas, not the language signs (Seleskovitch, Lederer 1993).

Interpretation of legal discourse units is due to  hermeneutic nature of legal knowledge, culture,  The ethno-historical facts of social development as a whole.  Relative nature of interpretation through any national language (and the culture) because the culture defines the multiplicity and variety of ways to interpret social and cultural phenomena.  Models, tools and results interpretation depend on personal characteristics of the individual collective traditions of the society.

Equivalence  equivalence = textual interchangeability in a given situation.  At the level f the text(utterance)  At syntax level  At morphology level  At vocabulary level

Equivalence  it allows the replacement of much of the text, with all its particular resonance and associations, with something new and completely different, but which theoretically affects the reader the same way. (E. Gentzler, 1993:101)

Key Features (2): Searching for Functional Equivalents  S. Sarcevic writes, in connection with parallel legal texts, "While lawyers cannot expect translators to produce parallel texts which are equal in meaning, they do expect them to produce parallel texts which are equal in legal effect. Thus the translator's main task is to produce a text that will lead to the same legal effects in practice" (1997: 71).

Components in Legal Translation  Cognitive aspects of legal translation  Linguistic aspects of legal translation  Stylistic aspects of legal translation  Extralinguistic context -Linguistic-cultural aspects in/of Legal translation