Keywords
legal translation theories
literal translation
faithfulness
semiotics
Popovič
How to Cite
Abstract
This paper focuses on the lack of recognition of comprehensive and text-genre unrelated translation theories, a condition that keeps translators imprisoned in the old and sterile debate on free Vs. literal translation. By challenging two of the most common opinions, that is, the presumed existence of legal texts and legal-translation theories and that of the presumed utility of the notion of free and literal translation, this paper underlines the importance of the adoption of a comprehensive theory absolutely independent from the classification of the texts to be translated. More specifically, Popovič’s semiotics approach to translation gives great space to personal interpretation and anisomorphism, hence discarding once and for all the concept of faithfulness and equivalence in translation. As I attempt to prove in this paper, faithful and objective translations cannot exist, as translation is proved to be a subjective act: it is a creative process for which the interpreter is called to give his own interpretation on the signs created within the text.References
Alcaraz Varò, Enrique, and Brian Hughes. 2002. Legal Translation Explained. 2012th ed. Shanghai Foreign Language Education Press.
Cao, Deborah. 2007. Translating Law. Multilingual Matters.
D’Attoma, Sara, and Michele Mannoni. 2016. Atti del processo civile italiano. Traduzione in cinese e commento traduttologico [“Italian lawsuit documents. Translation into Mandarin Chinese and translation analysis”]. Libreria Editrice Cafoscarina.
“Dizionario Di Inglese – Il Vocabolario Di Traduzioni Online – La Repubblica.” 2015. Dizionario Di Inglese – Il Vocabolario Di Traduzioni Online – La Repubblica. Accessed May 24. http://dizionari.repubblica.it/inglese.php.
Eco, Umberto. 2003. Dire quasi la stessa cosa: esperienze di traduzione [Saying Almost the Same Thing: Experiences in translation]. Bompiani.
“Example Clause – Liquidated Damages.” 2015. Accessed May 24. http://www.oceancontracts.com/marine_construction_contract/liquidated_damages.php.
Formichella, Laura, and Enrico Toti. 2014. Leggi tradotte della Repubblica Popolare Cinese. VII: Legge sui brevetti, legge sui marchi, normativa in materia di marchio notorio [Translated laws of the People’s Republic of China. VII. Patents, trademarks, and well-known trademarks laws.]. Torino: Giappichelli Editore.
Garzone, Giuliana. 2000. “Legal Translation and Functionalist Approaches: A Contradiction in Terms?” ASTTI/ETI: 395–414.
Harvey, Malcom. 2002. “What’s so Special about Legal Translation?”. Meta, XLVII (2).
House, Juliane. 2009. Translation. OUP Oxford.
Kasirer, Nicholas. 2001. “François Gény’s Libre Recherche Scientifique as a Guide for Legal Translation”. Louisiana Law Review, 61 (2).
Lûdskanov, Aleksandăr. 1967. (Bruno, Osimo Transl., 2008) Un approccio semiotico alla traduzione. Dalla prospettiva informatica alla scienza traduttiva [“A semiotic approach to translation. From computer science approach to the science of translation”]. Milan: Hoepli.
Mannoni, Michele. 2015. Fondamenti di Linguistica Forense Cinese. Traduzione Giuridica e Semiotica [“Basis of Chinese Forensic Linguistics: Legal translation and semiotics”]. Pisa: Il Campano.
Popovič, Anton. 1975. (Bruno, Osimo Transl., 2006) La Scienza Della Traduzione: Aspetti Metodologici, La Comunicazione Traduttiva [“The science of translation: methods and translation as a form of communication”]. Milano: Hoepli.
Šarčević, Susan. 1997. New Approach to Legal Translation. Kluwer Law International.
Šarčević, Susan. 2000. “Creativity in Legal Translation: How Much Is Too Much?” In Translation in Context: Selected Contributions from the EST Congress, Granada, 1998, edited by Andrew Chesterman, Natividad Gallardo San Salvador, and Yves Gambier. John Benjamins Publishing.
Seidman, Naomi. 2010. Faithful Renderings: Jewish-Christian Difference and the Politics of Translation. University of Chicago Press.
“Skins s02e01 Episode Script | SS.” 2015. Springfield! Springfield!. Accessed May 21.
http://www.springfieldspringfield.co.uk/view_episode_scripts.php?tv-show=skins&episode=s02e01.
Steiner, George. 1998. After Babel: Aspects of Language and Translation. Oxford University Press.
Tiersma, Peter M. 2000. Legal Language. University of Chicago Press.
Torop, Peeter. 1995. (Bruno, Osimo Transl., 2010) La traduzione totale [“Total translation”]. Hoepli.
Wolff, Leon. 2011. “Legal Translation.” In The Oxford Handbook of Translation Studies, edited by Kirsten Malmkjær and Kevin Wandle. Oxford: Oxford University Press.
“Yourdictionary.com.” 2015. Accessed May 25. www.yourdictionary.com.
Zhonghua Renmin Gongheguo Minshi Susong Fa 中华人民共和国民事诉讼法 (“Law of Civil Procedure of the People’s Republic of China”). [Shorten: LCP] (2012).
Zaccaria, Giuseppe. 2000. Translation in Law. LIT Verlag Münster.
License
When submitting a paper the author agrees to the following publishing agreement and processing personal data.
PUBLICATION AGREEMENT, COPYRIGHT LICENSE, PERSONAL DATA PROCESSING CONSENT
This is a publication agreement and copyright license (“Agreement”) regarding a written manuscript currently submitted via Pressto platform
(“Article”) to be published in Comparative Legilinguistics International Journal for Legal Communication (“Journal”).
The parties to this Agreement are:
the Author or Authors of the submitted article (individually, or if more than one author, collectively, “Author”) and Comparative Legilinguistics International Journal for Legal Communication (“Publisher”), address al. Niepodległości 4, 61-874 Poznań, represented by its editor in chief Aleksandra Matulewska.
§1. LICENSE OF COPYRIGHT
a) The Author and the Publisher agree that the Author grants a Creative Commons Attribution 4.0 International License, which is incorporated herein by reference and is further specified at Creative Commons — Attribution 4.0 International — CC BY 4.0 copyright license in the Article to the general public.
b) The Author grants to the Publisher a royalty-free, worldwide nonexclusive license to publish, reproduce, display, distribute, translate and use the Article in any form, either separately or as part of a collective work, including but not limited to a nonexclusive license to publish the Article in an issue of the Journal, copy and distribute individual reprints of the Article, authorize reproduction of the entire Article in another publication, and authorize reproduction and distribution of the Article or an abstract thereof by means of computerized retrieval systems (such as Westlaw, Lexis and SSRN). The Author retains ownership of all rights under copyright in the Article, and all rights not expressly granted in this Agreement.
c) The Author grants to the Publisher the power to assign, sublicense or otherwise transfer any and all licenses expressly granted to the Publisher under this Agreement.
d) Republication. The Author agrees to require that the Publisher be given credit as the original publisher in any republication of the Article authorized by the Author. If the Publisher authorizes any other party to republish the Article under the terms of paragraphs 1c and 1 of this Agreement, the Publisher shall require such party to ensure that the Author is credited as the Author.
§2. EDITING OF THE ARTICLE
a) The Author agrees that the Publisher may edit the Article as suitable for publication in the Journal. To the extent that the Publisher’s edits amount to copyrightable works of authorship, the Publisher hereby assigns all right, title, and interest in such edits to the Author.
§3. WARRANTIES
a) The Author represents and warrants that to the best of the Author’s knowledge the Article does not defame any person, does not invade the privacy of any person, and does not in any other manner infringe upon the rights of any person. The Author agrees to indemnify and hold harmless the Publisher against all such claims.
b) The Author represents and warrants that the Author has full power and authority to enter into this Agreement and to grant the licenses granted in this Agreement.
c) The Author represents and warrants that the Article furnished to the Publisher has not been published previously. For purposes of this paragraph, making a copy of the Article accessible over the Internet, including, but not limited to, posting the Article to a database accessible over the Internet, does not constitute prior publication so long as the as such copy indicates that the Article is not in final form, such as by designating such copy to be a “draft,” a “working paper,” or “work-in-progress”. The Author agrees to hold harmless the Publisher, its licensees and distributees, from any claim, action, or proceeding alleging facts that constitute a breach of any warranty enumerated in this paragraph.
§4. TERM
a) The agreement was concluded for an unspecified time.
§5. PAYMENT
a) The Author agrees and acknowledges that the Author will receive no payment from the Publisher for use of the Article or the licenses granted in this Agreement.
b) The Publisher agrees and acknowledges that the Publisher will not receive any payment from the Author for publication by the Publisher.
§6. ENTIRE AGREEMENT
a) This Agreement supersedes any and all other agreements, either oral or in writing, between the Author and the Publisher with respect to the subject of this Agreement. This Agreement contains all of the warranties and agreements between the parties with respect to the Article, and each party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those warranties and agreements embodied in this Agreement.
b) In all cases not regulated by this Agreement, legal provisions of Polish Copyright Act and Polish Civil Code shall apply.
c) Any disputes arising from the enforcement of obligations connected with this Agreement shall be resolved by a court competent for the headquarters of the Publisher.
d) Any amendments or additions to the Agreement must be made in writing and signed by authorised representative of both parties, otherwise being ineffective.
e) This Agreement is signed electronically and the submission of the article via the PRESSto platform is considered as the conclusion of the Agreement by the Author and the Publisher.
f) Clause for consent to the processing of personal data - general
g) The Author shall give his or her consent to the processing of their personal data in accordance with the Act of 10 May 2018 on the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of persons physical in connection with the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation) for the purpose and in connection with making publications available on the PRESSto scientific journals platform and DeGruyter platform, guaranteeing the security of services rendered, and improving them.
I HAVE READ AND AGREE FULLY WITH THE TERMS OF THIS AGREEMENT.
The Author The Publisher