Abstract
Research into ‘translation universals’ in legal translation is a relatively new field, which still needs to be expanded with further empirical studies. The few studies conducted so far fall into two main categories: a) analyses that explore the typical features of European legalese as translated language against national legal language; b) studies based on corpora of national legal language translated into other national languages (see Pontrandolfo 2019a:20-22).
The present paper is framed within the second category and aims at contributing to the academic debate on translation universals applied to legal language; more specifically, it aims at testing the methodology adopted to study translation universals on a bilingual parallel corpus of judgments delivered by the Spanish Constitutional Court (Tribunal Constitucional, TC) translated for informative purposes into English.
The corpus-based analysis, carried out mainly quantitatively, includes the comparison with a larger corpus of original judgments delivered by the UK Supreme Court (UKSC) with the final objective of testing some indicators of simplification, explicitation, normalisation, levelling out, interference, untypical collocation (see Zanettin 2012: 11-25).
Preliminary results are promising, even though it is not possible to identify robust and homogeneous trends.
References
Alcaraz Varó, Enrique & Hughes, Brian. 2002. Legal Translation Explained. Manchester/Northampton: St. Jerome Publishing.
Baker, Mona. 1993. “Corpus Linguistics and Translation Studies. Implications and Applications”. In M. Baker, G. Francis and E. Tognini-Bonelli (eds.) Text and Technology. In Honour of John Sinclair, Amsterdam/Philadelphia: John Benjamins, 233-250.
Baker, Mona. 1996. “Corpus-based Translation Studies: The challenges that lie ahead” in Somers, H. (ed.) Terminology, LSP and Translation: Studies in Language Engineering in Honour of Juan C. Sager, Amsterdam: John Benjamins, pp. 175-178.
Biber, Douglas; Johansson, Stig; Leech, Geoffrey; Conrad, Susan; Finegan Edward. (1999) Longman Grammar of Spoken and Written English. London: Longman.
Biel, Łucia., 2015. “Phraseological profiles of legislative genres: complex prepositions as a special case of legal phrasemes in EU law and national law”. Fachsprache — International Journal of Specialized Communication, 37(3-4), 139-160.
Chesterman, Andrew. 2004. “Beyond the particular”. In A. Chesterman and P. Kujamäki (eds.) Translation Universals. Do they exist? Amsterdam/Philadelphia: John Benjamins, 33-49.
CMLJ (Comisión de Modernización del Lenguaje Jurídico). 2011. Estudio de campo: lenguaje escrito.
Corpas Pastor, Gloria. 1996. Manual de fraseología española. Madrid: Gredos.
Corpas Pastor, Gloria. 2008. Investigar con corpus en traducción: los retos de un nuevo paradigma. Bern: Peter Lang.
Corpas Pastor, Gloria; Mitkov, Ruslan; Afzal, Naveed; Pekar, Viktor. 2008. “Translation universals: do they exist? A corpus-based and NLP approach to convergence” in Zweigenbaum, P.; Gaussier, E. & Fung, P. (eds) Proceedings of the Workshop on Building and Usinf Parallel Corpora, Marrakech, Marocco (LREC 2008), Parigi: ELRA, 1-6.
Franceschini, Veronica. 2020. Universali traduttivi e traduzione giuridica: un’analisi basata su un corpus parallelo di sentenze del Tribunal Constitucional. [Supevisor: G. Pontrandolfo], MA unpublished thesis. University of Trieste.
Frawley, William. 1984. “Prolegomenon to a theory of translation” in Frawley, W. (ed.) Translation. Literary, Linguistic and Philosophical Perspectives, Newark: University of Delaware Press, pp. 159 175.
Gellerstam, Martin. 1986. Translationese in Swedish novels translated from English. Translation Studies in Scandinavia. Lund: CWK Gleerup.
Göpferich, Susan. 1995. Textsorten in Naturwissenschaften und Technik. Tübingen: Narr Verlag.
Hernando Cuadrado, Luis Alberto. 2003. El lenguaje jurídico, Madrid: Verbum.
Kilgarriff, Adam; Baisa, Vit; Bušta, Jan; Jakubíček, Miloš.; Kovář, Vojtěch.; Michelfeit, Jan; Rychlý, Pavel; Suchomel, Vit. 2014. “The Sketch Engine: ten years on”. Lexicography, 1: 7-36.
Laviosa-Braithwaite, Sara. 1996. The English Comparable Corpus (ECC): a resource and a methodology for the empirical study of translation. Ph.D. Thesis. Manchester: Centre for Translation and Intercultural Studies, UMIST.
Mauranen, Anna. 2000. “Strange Strings in Translated Language. A Study on Corpora”. In M. Olohan (ed.) Intercultural Faultlines. Research Models in Translation Studies 1. Textual and Cognitive Aspects, Manchester/Northampton: St. Jerome Publishing, 119-
Mauranen, Anna. & Kujamäki, Pekka. (eds.) 2004. Translation Universals. Do they exist? Amsterdam/Philadelphia: John Benhamins.
Mauranen, Anna. 2006. “Translation Universals”. In K. Brown (ed.) Encyclopedia of Language and Linguistics, vol. 13. Oxford: Elsevier, 93-100.
Mauranen, Anna. 2008. “Universal Tendencies in Translation”. In G. Anderman and M. Rogers (eds.) Incorporating Corpora: the Linguist and the Translator. Buffalo/Toronto: Clevendon, 32-48.
Olohan, Maeve. (ed.) 2000. Intercultural Faultlines. Research Models in Translation Studies 1. Textual and Cognitive Aspects, Manchester & Northampton: St. Jerome Publishing.
Olohan, Maeve. 2004. Introducing Corpora in Translation Studies. London: Routledge.
Pontrandolfo, Gianluca. 2016. Fraseología y lenguaje judicial. Las sentencias penales desde una perspectiva contrastiva. Roma: Aracne.
Pontrandolfo, Gianluca. 2019a. “Corpus Methods in Legal Translation Studies” in Biel, L.; Engberg, J.; Martín Ruano, R.; Sosoni, V. (eds.) Research Methods in Legal Translation and Interpreting: Crossing Methodological Boundaries. London/New York: Routledge,13-28.
Pontrandolfo, Gianluca. 2019b. “Gerundios ‘revelando’ normalización en el lenguaje judicial español: consideraciones a partir del corpus JustClar” en Orillas 8/2019, 725-749.
Pontrandolfo, Gianluca. .2020, in press. “National and EU judicial phraseology under the magnifying glass: a corpus-assisted analysis of complex prepositions in Spanish” in Perspectives, Studies in Translation Theory and Practice, vol 28.
Portolés, José. 2001. Marcadores del discurso, Barcelona: Ariel.
Redelinghuys, Karien. 2016. “Levelling-out and register variation in the translations of experienced and inexperienced translators: a corpus-based study” Stellenbosch Papers in Linguistics, 45/2016, pp. 189-220.
Schäffner, Christina. & Adab, Beverly. 2001. “The idea of the hybrid text in translation: Contact as conflict” in Across Languages and Cultures, 2(2)/2001, pp. 167-180.
Scott, Mike. 2008. WordSmith Tools v. 5, Liverpool: Lexical Analysis Software.
Swan, Michael. 2005. Practical English Usage. Oxford: OUP.
Teich, Elke. 2003. Cross-linguistic Variation in System and Text: A Methodology for the Investigation of Translations and Comparable texts. Berlin/New York: Mouton de Gruyter.
Toury, Gideon. 1995. Descriptive Translation Studies and Beyond. Amsterdam/Philadelphia: John Benjamins.
Trosborg, Anna. 1997. “Translating hybrid political texts” in Trosborg, A. (ed.) Analysing Professional Genres, Amsterdam: John Benjamins, pp. 145-158.
Zanettin, Federico. 2012. Translation-driven corpora. Corpus resources for descriptive and applied translation studies. Manchester: St. Jerome.
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