Keywords
law
legilinguistics
legal translation
equivalent
How to Cite
Abstract
There are no two identical languages, and there are no two identical legal systems; this is the challenge for both comparative lawyers and legal translators. Legal comparison is necessary to obtain the adequate legal translation, which in turn is applied to give comparative lawyers information about foreign legal systems. Although comparative lawyers and legal translators often face similar quandaries when engaged in the translation of legal terms, they operate within distinct theoretical frameworks and make use of different methodologies. In order to determine whether the functional method developed for comparative legal studies can be a useful tool for legal translators, this paper compares this method with the methodology applied by legal translators to find functional equivalents.
References
Baker, Mona. ed. 1997. The Routledge Encyclopedia of Translation Studies, London, New York:Routledge.
Bocquet, Claude. 1994. Pour une méthode de traduction juridique, Prilly: CB Service.
Brand, Olivier. 2007. Conceptual Comparisons: Towards a Coherent Methodology ofComparative Legal Studies. Brooklyn Journal of International Law: 405-466.
Brand, Olivier. 2009. Language as a Barrier to Comparative Law. In Language and Law: KeyPerspectives, ed. Frances E. Olsen, Ralph Alexander Lorz and Dieter Stein, 18-34.London, New York: Palgrave Macmillan LTD.
Cao, Deborah. 2007. Translating Law. Clevedon, Buffalo: Multilingual Matters.
Correia, Renato. 2003. Translation of EU Legal Texts. In Crossing Barriers and Bridging Cultures. The Challenges of Multilingual Translation for the European Union, ed. Arturo Tosi, 38-44. Multilingual Matters Ltd.
de Cruz, Peter. 1993. A Modern Approach to Comparative Law. Deventer – Boston: Kluwer Law and Taxation Publishers.
de Groot, Gérard-René. 1987. The point of view of a comparative lawyer. Les Cahiers de droit, vol. 28, no 4: 793-812.
de Groot, Gérard-René. 2006. Legal translation. In Elgar Encyclopedia of Comparative Law, ed. Jan M. Smits, 423-433. Edward Elgar Publishing.
Doczekalska, Agnieszka. 2009a. All Originals: Fiction and Reality of Multilingual Legal Drafting in the European Union and Canada, PhD thesis, European University Institute.
Doczekalska. Agnieszka. 2009b. Drafting or Translation – Production of Multilingual Legal Texts. In Language and Law: Key Perspectives, ed. Frances E. Olsen, Ralph Alexander Lorz and Dieter Stein, 116-135. London, New York: Palgrave Macmillan LTD.
Gerber, David. J. 2001. Sculpting the Agenda of Comparative Law: Ernst Rabel and the Façade of Language. In Rethinking the Masters of Comparative Law, 191-208. Hart Publishing.
Goddard, Christopher. 2009. Where legal cultures meet: Translating confrontation into coexistence. Investigationes Linguisticae, vol. XVII: 168-205.
Gutteridge, H.C. 1971. Comparative Law 1. Cambridge, reprint.
Holmes, Oliver Wendell. 1897. The path of the law. Harvard Law Review, vol. 10: 461-478.
Human Rights Watch. 2013. “This Old Man Can Feed Us, You Will Marry Him” Child and Forced Marriage in South Sudan.
http://www.hrw.org/sites/default/files/reports/southSudan0313_forinsertWebVersion_0.pdf (last accessed August 30, 2013).
Manganaras, Ioannis. 1996. The Qualified Legal Translator is a Lawyer Trained in Translation. Lingua Legis, no 4 (September 1996): 62-71.
McLaren, Karine. 2010-2011. Le rôle de la traduction dans la langue du droit au Canada: d'une société de traduction à une société d'expression, La Revue de la common law en français, vol. 12: 283-313.
Michaels, Ralf. 2012. Forthcoming. Comparative Law. In: Oxford Handbook of European Private Law, ed. Jürgen Basedow, Klaus Hopt and Reinhard Zimmermann, Oxford University
Monateri, P. G. Giuseppe. 2009. “Cunning Passages”: Traductology, Comparison and Ideology in the Law and Language Story (October 30, 2009). Available at SSRN: http://ssrn.com/abstract=1496822 (last accessed August 30, 2013).
Monateri, P. G. Giuseppe. (ed.) 2012. Methods of Comparative Law. Edward Elgar Publishing Limited.
Agnieszka DOCZEKALSKA, Comparative Law and Legal Translation 75
Obenaus, Gerhard. 1995. The Legal Translator as Information Broker. In Translation and the Law, ed. Marshall Morris, American Translators Association Scholarly Monograph Series, Vol. VIII, 247-259. John Benjamins Publishing Company.
Örücü, A. Esin. 2004. The Enigma of Comparative Law: Variations on a Theme for the Twenty-First Century. Leiden - Boston: Martinus Nijhoff Publishers.
Örücü, A. Esin. 2006. Methodology of comparative. In Elgar Encyclopedia of Comparative Law, ed. Jan M. Smits, 442-454. Edward Elgar Publishing.
Palmer, Vernon Valentine. 2005. From Lerotholi to Lando: Some Examples of Comparative Law Methodology. The American Journal of Comparative Law, Vol. 53, No. 1 (Winter, 2005): 261-290.
Pommer, Sieglinde, E. 2008. Translation as Intercultural Transfer: A Case of Law, Journal of Translation and Interpretation, vol. 3, no. 1, 17-21, available at
http://www.skase.sk/Volumes/JTI03/pdf_doc/Pommer.pdf (last accessed August 30, 2013).
Pontrandolfo, Gianluca. 2012. Terminologia giudiziaria e traduzione letteraria. Il caso di Testimone inconsapevole di G. Carofiglio in inglese e spagnolo. inTRAlinea. Online
Translation Journal, vol.12, available at http://www.intralinea.org/archive/article/terminologia_giudiziaria_e_traduzione_letteraria, (last accessed August 30, 2013).
Poon Wai-Yee, Emily. 2005. The Cultural Transfer in Legal Translation, International Journal for the Semiotics of Law, vol. 18, no. 3-4: 307-323.
Pound, Roscoe. 1910. Law in Books and Law in Action. American Law Review, vol. 44: 12-36.
Stramignoni, Igor. 2002. The King's One Too Many Eyes: Language, Thought, and Comparative Law. Utah Law Review, No. 4: 739-773.
Šarčević, Susan. 2000. New Approach to Legal Translation. The Hague: Kluwer Law International.
U.S. Department of State, Bureau of Democracy, Human Rights, and Labor (2011) Israel and the Occupied Territories. International Religious Freedom Report, September 13, 2011,
http://www.state.gov/documents/organization/171736.pdf (last accessed August 30, 2013).
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