Abstract
The article deals with translation strategies in their relation to translation tools. It reflects the theoretical requirements for professional legal translations in the light of the legallinguistic equivalence and the skopos-theory. The author stresses that developing translatorial strategies as well as designing and using translation tools are theory-dependent activities. What remains to be developed is the explicit model of hitherto implicitly followed particular translatorial strategies in relation to all types of translation tools. In the institutional setting the relevant translatorial strategies are influenced by guidelines that regulate many issues that are subject to choices made by individual translators. These guidelines often also determine the use of translation tools. As of now, on-line translation tools widen considerably the traditional lexicographical notions and they contribute to work rationalization in that they offer the translator a survey of already existing translation alternatives. However, available translation tools, traditional and digital, tend towards solving problems of translatorial routine.Their multitude corresponds with the number of dynamic problems in legal translation that cannot be rigidly determined. Therefore, creative legal translation remains an essentially human activity. Meanwhile, the multitude of existing approaches might lead in future to the emergence of a legallinguistic thesaurus that would display the totality of legal speech acts that constitute the legal discourse. The legal-linguistic thesaurus, that would constitute the main translation tool, does not preclude developing of other goal-oriented translation tools of limited scope. Therefore, notwithstanding the on-going changes, strategically responsible choice of translatorial strategies and the corresponding informed choice of translatorial tools are essential techniques for daily translation work.
References
Berger, Albrecht. 2009. Online Access to Legislation in the EU: from Fee-based to Free Information. In Law via the Internet, ed. Ginevra Peruginelli and Mario Ragona. Florence: European Press Academic Publishing, 49-56.
Beaudoin, Louis. 2002. Legal Translation in Canada. In The Development of Legal Language, ed. Heikki.E.S. Mattila, 115-130. Helsinki: Kauppakaari.
Berring, Robert. 2000. Legal Information and the Search for Cognitive Authority. California Law Review, 88: 1673-1708.
Bogucki, Łukasz. 2009. Tłumaczenie wspomagane komputerowo. Warszawa: PWN.
Cao, Deborah. 2005. Chinese Law. A Language Perspective. Aldershot: Ashgate.
Cornu, Gérard. 2005. Linguistique juridique, 3rd ed. Paris: Montchrestien.
Drooghenbroeck, van, Sébastien. 2000. La nozione di “beni” ai sensi dell’articolo 1 del Primo protocollo addizionale, The European Legal Forum, 7: 437-444.
Galdia, Marcus. 2003a. Flerspråkiga juridiska ordböcker, LexicoNordica. 10: 119-131.
Galdia, Marcus. 2003b. Comparative Law and Legal Translation, The European Legal Forum, 1: 1-4.
Galdia, Marcus. 2009. Legal Linguistics. Frankfurt am Main/New York et al: Peter Lang.
Gortych, Karolina. 2009. The Function of Ancient Greek in Modern Greek – Polish Legal Translation Training, Comparative Legilinguistics. International Journal for Legal Communication, 1: 190-206.
Gotti, Maurizio. 2008. Investigating Specialized Discourse, 2nd ed. Bern/Berlin/Bruxelles et al: Peter Lang.
Husa, Jaakko. 2007. Kreikan oikeus ja oikeuskieli. Helsinki: Suomalainen Lakimiesyhdistys.
Köbler, Gerhard., Xinjun Duan, Xun, Li. 2002. Rechtschinesisch. Deutsch-Chinesisches und Chinesisch-Deutsches Rechtswörterbuch für jedermann. München: Vahlen.
Lundmark, Thomas. 1999. Über die grundlegende Unmöglichkeit ein juristisches Wörterbuch mit der Zielsprache Englisch zu erstellen. Plädoyer für eine Rechtsenzyklopädie. In Recht und Übersetzen, ed. Gerard-Rene de Groot, and Rainer Schulze, 59-65. Baden-Baden: Nomos.
Lundmark, Thomas. 2006. How (Not) to Write a Bilingual Law Dictionary. In Law and Language – Recht und Sprache, ed. Thomas Lundmark and Astrid Wallow, 57-65. Berlin: LIT Verlag.
Lundmark, Thomas. 2005. Talking Law Dictionary. Münster: LexisNexis.
Mattila, Heikki.E.S. (ed.) 1994-1999. Encyclopaedia Iuridica Fennica. Helsinki: Suomalainen Lakimiesyhdistys. vol. I-VII.
Mattila, Heikki. E.S. 2002. Vertaileva oikeuslingvistiikka. Helsinki: Kauppakaari.
Mattila, Heikki.E.S. 2012. Legal Vocabulary, in The Oxford Handbook of Language and Law, ed. Peter M. Tiersma and Lawrence Solan, 27-38. Oxford: Oxford University Press.
Mattila, Heikki.E.S. 2013. Comparative Legal Linguistics. Language of Law, Latin and Modern Lingua Francas, 2nd ed. Aldershot: Ashgate.
Matulewska, Aleksandra. 2013. Legilinguistic Translatology. A Parametric Approach to Legal Translation. Bern/Berlin: Peter Lang.
Nenyang, M. (Ненянг, M.) 2001. Русско-ненецкий разговорник. Луца’-Ненэця вада’лахоре.Moscow: INPO.
NCSC-National Center for State Courts. 2011. Guide to Translation of Legal Materials.Consortium for Language Access in the Courts: Williamsburg.
Onesti, Cristina. 2011. Methodology for Building a Text-Structure Oriented Legal Corpus, Comparative Legilinguistics. International Journal for Legal Communication, 8: 37-48.
Prieto Ramos, Fernando. 2011. Developing Legal Translation Competence: An Integrative Process-Oriented Approach, Comparative Legilinguistics. International Journal for Legal Communication, 5: 7-21.
Reiss, Katharina, and Vermeer, Hans J. 1984. Grundlegung einer allgemeinen Translationstheorie.Tübingen: Max Niemeyer.
Šarčević, Susan. 2012. Challenges to the Legal Translator. In The Oxford Handbook of Language and Law, ed. Peter M. Tiersma and Lawrence Solan 187-199. Oxford: Oxford University Press.
Working Group. 2001. Tuomioistuinsanasto. Glossary of Court Terms. Helsinki: Edita.
Working Group-Cabinet Secretariat. 2006. Hôrei yôgo nichi-ei hyôjun taiyaku jisho. Japanese-English Legal Terms Standard Dictionary.
Wu, Ruiguang. 2003. Xianggang shuangyu tingshen zhong de ruogan wenti. In Yuyan yu falü yanjiu de xin shijie. Language and Law in a New Perspective, ed. Zhou Qingsheng,
Wang Jie, Su Jinzhi , 213-224. Beijing: Law Press China.
Zhao, Yuhong. 2001. Drafting Policy on Bilingual Legislation. Comments on the Hong Kong Securities and Futures Act, published as LC Paper No. CB (2) 1136/00-01 (01).
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