The Journal of Specialised Translation

A selection of papers dealing which different aspects of legal translation

Bestué, Carmen, and Mariana Orozco Jutorán. 2011. "La necesidad de la naturalidad en la reformulación en la traducción jurídica en la "era de la automatización" de las traducciones." [The need for idiomacity in reformulating in legal translation in the "era of automation" of translations] The Journal of Specialised Translation 15: 180-199.

ABSTRACT: The translation of electronic contracts in which the applicable law is the target culture’s one, either because there’s a specific law or rule that protects the consumer or because a specific clause in the contract says so, presents a new paradigm in the translation of contracts—the instrumental translation in the legal domain. The theoretical framework developed by Christiane Nord, where she makes the distinction between instrumental and documentary translation, was of little practical application to the translation of contracts, since in most cases the translation of contracts is documentary. However, this new situation makes it necessary to re-examine the method and techniques that are most appropriate for the translation of contracts to which the applicable law is that of the target culture. In this article we describe the factors involved in the transfer of legal concepts, we examine the main approaches to solve terminological problems and we call the attention towards an aspect of translation that is often ‘left behind’ in the automatic or semiautomatic processes of translation and yet is essential for the target text to be a good quality translation: the need to make idiomatic translations.

internal-pdf://0304089039/Bestué-2011-La necesidad de la naturalidad en.pdf

Biel, Łucja, and Karine McLaren. 2015. "Legislative bilingualism as a special case of legal translation." The Journal of Specialised Translation 23.

ABSTRACT: Łucja Biel interviews Karine McLaren, Director of the Centre de traduction et de terminologie juridiques (CTTJ), Université de Moncton, Canada

internal-pdf://3824894814/Biel-2015-Legislative bilingualism as a specia.pdf

Brannan, James. 2017. "Identifying written translation in criminal proceedings as a separate right: scope and supervision under European law." The Journal of Specialised Translation 27: 43-57.

ABSTRACT: Discussion of the right to language assistance in criminal proceedings has tended to focus more on interpretation, neglecting written translation. The European Court of Human Rights has certainly laid down the principle that documents, in particular the indictment, are covered by the relevant provisions of the European Convention on Human Rights (ECHR), but has often found an oral translation or explanation to be sufficient. Directive 2010/64/EU, whilst providing for the translation of essential documents in a specific article and emphasising the importance of quality, reflects to some extent the principles and limitations that already existed under the ECHR. This article will look at the scope of the right to written translation, first under the ECHR and Strasbourg case-law, then under the relevant EU directives, analysing the different types of document that should be translated and situations that may arise. The proper transposition of the EU legislation should strengthen guarantees in the area of written translation, as a separate right — provided the oral alternative remains an exception — ensuring more consistent and effective assistance in criminal proceedings.

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Byrne, Jody. 2007. "Caveat translator: Understanding the legal consequences of errors in professional translation." The Journal of Specialised Translation 7: 2-24.

ABSTRACT: At the very heart of translation studies is the issue of translation quality. Yet, while there are numerous methods for assessing the quality of translations, little is known about what happens when a translator produces a bad translation. This paper will show that translation error, as a whole, can have significant consequences for both translator and client and by examining a number of case studies gathered from official reports and communications, court records, newspaper articles and books it will illustrate the diversity of situations which can arise as a result of translation errors. The paper will then examine the issues of liability and negligence to illustrate the legal means by which translators can be held accountable for the quality of their work. By understanding how liability for faulty translations arises, it will be possible to see the implications of laws and directives governing technical translations which are subsequently examined. This paper examines specific legal requirements relating to technical translation and discusses the consequences of translation errors using specific case studies relating to technical translation.

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Čavoški, Aleksandra. 2017. "Interaction of law and language in the EU: Challenges of translating in multilingual environment." The Journal of Specialised Translation 27: 58-74.

ABSTRACT: This paper analyses the interaction between law and language in the EU multilingual context. It focuses on challenges in legal translation stemming from a new and hybrid EU legal system that developed over time through the influence of several European legal traditions. It is argued that the choice of English in translation of EU law as a source language, and in communication with the EU institutions poses several challenges to legal translation, in particular an inability to reconcile civil law traditions with common law traditions. Equally challenging is to translate specific EU legal and expert terminology that is often exclusive only to the EU legal system.

internal-pdf://2067936270/Čavoški-2017-Interaction of law and language.pdf

Chan, Clara Ho-yan. 2007. "Translated Chinese as a legal language in Hong Kong legislation." The Journal of Specialised Translation: 25-41.

ABSTRACT: The main purpose of this study is to establish the properties of translated Hong Kong Chinese as a language of law, and suggest ways to improve the lengthened and complicated sentence structures that result from the influence of the Western legal genre, in order to create a more user-friendly form of technical Chinese and strengthen its effective use for legal purposes. It is widely and traditionally recognised that the translator of legal statutes is inclined to use a literal and faithful approach to translation, in order to minimize the loss of original meaning and reproduce the full legal effects of the legislation. The adoption of such an approach naturally results in the widespread preservation of the linguistic and cultural features of the original legal texts. This paper examines nine linguistic patterns in the Chinese version of the Sale of Goods Ordinance that may be deemed “Europeanised”, of which five are either unexplored or little explored.

internal-pdf://1101513809/Chan-2007-Translated Chinese as a legal langua.pdf

Chiocchetti, Elena, Tanja Wissik, Vesna Lušicky, and Michael Wetzel. 2017. "Quality assurance in multilingual legal terminological databases." The Journal of Specialised Translation 27: 164-188.

ABSTRACT: In addition to several other factors, terminology and terminology management are perceived to be important elements of the quality assurance (QA) system of document production, translation, and multilingual lawmaking. This implies that quality in translation, including legal translation, partly depends on the quality of terminology found in terminological databases (TDBs). In order to use terminology as a QA tool, the quality of TDBs has to be ensured. In this paper, we discuss the relevance of legal TDBs for translation quality and propose a QA framework for multilingual legal TDBs based on a comprehensive approach, which includes QA at workflow level, at product level, and at staff level. For each of this three aspects we address the main features to be implemented — and how they should be implemented — to successfully achieve and maintain high quality of multilingual legal TDBs. Our comprehensive approach to QA therefore considers persons, processes, products and services as well as dedicated tools.

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Cravo, Ana, and Josélia Neves. 2007. "Action Research in Translation Studies." The Journal of Specialised Translation 7: 92-107.

ABSTRACT: In this article we would like to look at the question of why the translation of highly standardised legal texts is at the same time easy (due to the degree of standardisation of the formulations) and difficult (due to the roots of the texts in the national legal culture). The article will be centred on the difficulties stemming from the texts and their contexts and the strategic choices that have to be made when translating an auditor’s report between Danish and English. Translating standardised legal texts may in fact be easy, when the translator has taken the necessary time to make sure s/he is making the right choices.

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Ditlevsen, Marianne Grove, and Jan Engberg. 2007. "Translating an Auditor’s Report: an instance of specialised legal translation." The Journal of Specialised Translation 7: 190-194.

internal-pdf://3289099693/Ditlevsen-2007-Translating an Auditor’s Report.pdf

Fan, Xiangtao. 2007. "Scientific Translation and its Social Functions: a Descriptive-Functional Approach to Scientific Textbook Translation in China." The Journal of Specialised Translation 7.

internal-pdf://4146382383/Fan-2007-Scientific Translation and its Social.pdf

Ferran Larraz, Elena. 2012. "Simplificar para traducir documentos negociales de la Common-law: los esquemas básicos del derecho al servicio del traductor jurídico no jurista." The Journal of Specialised Translation 17.

ABSTRACT: It is a well-known fact that the lay translator in legal matters may find it very difficult to understand the common-law document to be translated. It is mainly because he does not know about law and its basic principles and institutions. Thus, in the context of the translation of documents of disposition of the common-law, and particularly in relation to Sales deeds, we put forward now several textual analysis techniques leading to the acquisition of cognitive competence by the lay translator or else the student of legal translation. The strategies devised should result in a new definition of a new jurilinguistic function (Ferran: 2004): the function of disposition of property and its sub-function, the function of warranty of title. They should also result in the acquisition of several procedures related to the translation process that are encouraging the translator to the following: (1) verify the basic schema of the document of disposition; (2) classify and compare the minor resulting functions to be collected in a ̳glossary of functions;‘ (3) carry out the necessary documentation to obtain the relevant terminological pairs Common-Law – Spanish-Law and, finally (4) control the translation and resulting target text, bearing always in mind the basic schema, the glossary of functions and the glossary of terms.

internal-pdf://1272420776/Ferran Larraz-2012-Simplificar para traducir d.pdf

Grove Ditlevsen, Marianne, and Jan Engberg. 2007. "Translating an Auditor’s Report: an instance of specialised legal translation." The Journal of Specialised Translation 7.

internal-pdf://0354504574/Grove Ditlevsen-Translating an Auditor’s Repor.pdf

Hara, Michał. 2017. "Ensuring quality in legal translation by 3 parties – governments, courts and translators." The Journal of Specialised Translation 27: 10-20.

ABSTRACT: Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings stipulates that EU Member States should introduce safeguards ensuring that translation provided in the course of criminal proceedings is of a sufficiently high quality. This can be achieved by various means by governments, courts and translators: through enacting a legal framework regulating the position, rights and obligations of translators by governments, through appropriate practical arrangements introduced and followed by courts and other judicial and law enforcement authorities and finally by translators themselves through specialisation and targeted improvement of qualifications. Each of the aforementioned groups has different tools and opportunities at their disposal. It seems however clear that an effective system of quality assurance requires the cooperation of all three of them so that the measures enacted complement and support each other, rather than operate in a legal void.

internal-pdf://0687506456/Hara-2017-Ensuring quality in legal translatio.pdf

Jiménez-Crespo, Miguel A. 2011. "To adapt or not to adapt in web localization: a contrastive genre-based study of original and localised legal sections in corporate websites." The Journal of Specialised Translation 15.

ABSTRACT: Since the early 90 ́s, the localisation industry has striven to produce non-culture-specific texts that can be easily localised into most languages. Nevertheless, international websites include sections, such as legal disclaimers or privacy policies, that preferably need to be adapted in order to be fully effective and increase the credibility of the website (Kenny and Jones 2007). This study explores these two seemingly contradictory perspectives through a comparable corpus analysis of original and localised legal sections in corporate websites. Following a genre-based approach (Swales 1990; Bhatia 1993; Gamero 2001), the main analysis concentrates on macrostructural differences and representative conventional linguistic forms associated with rhetorical moves. The analysis shows significant differences in the prototypical macrostructures of original and localised texts, as well as an impact on their terminology and phraseology. As far as the adaptation is concerned, only 32.60% of websites were somewhat adapted to the Spanish target legal system, while the rest were localised but not legally adapted. The results shed some light on the question of whether current industry strategies favor single internationalised vs. adapted localisations and on the inevitable effect of source text structures and phraseology on the final localised website.

internal-pdf://0408540605/Jiménez-Crespo-2011-To adapt or not to adapt.pdf

Kizińska, Anna. 2011. "Pełnomocnik substytucyjny as an example of incongruity of terms of Polish and English legal systems." The Journal of Specialised Translation 15.

ABSTRACT: The present paper constitutes an attempt to find the functional equivalent of the Polish term pełnomocnik substytucyjny (pełnomocnik dalszy, substytut), a term used in Polish doctrine. Beginning with the definitions of a term and equivalence, types of attorneys under Polish and English civil law are presented, revealing the uncertainty of distinguishing between pełnomocnictwo substytucyjne procesowe ‘substitutive power of attorney in proceedings at law’ and zastępstwo procesowe ‘representation in proceedings at law’ in the Polish legal system. In the process of searching for the functional equivalent, English equivalents of the term in question suggested in the bilingual dictionaries are presented. Definitions of the following terms appearing in the English handbooks and dictionaries of law were also analysed: ‘substitute,’ ‘agent,’ ‘sub-agent’ and ‘attorney’. Finally, following completion of the research, a functional equivalent of the term pełnomocnik substytucyjny was proposed. Nonetheless it was concluded that the occurrence of system-bound terms as well as the phenomenon of the incongruity of terms make the process of translation extremely challenging.

internal-pdf://0758521207/Kizińska-2011-Pełnomocnik substytucyjny as an.pdf

Kockaert, Hendrik J., and Nadia Rahab. 2017. “Quality in legal translation.” Special issue of The Journal of Specialised Translation 27.

Kockaert, Hendrik J., and Nadia Rahab. 2017. "Introduction: Quality in legal translation." The Journal of Specialised Translation 27.

ABSTRACT: This article introduces a special issue on quality in legal translation. It situates legal translation in today’s context in the landscape of professional translation and Translation Studies and this issue as primarily inspired by the European project, Qualetra which focuses on translation procedural rights in criminal proceedings. The article then proceeds to describe the project before proposing an overview of the contributions to this issue.

internal-pdf://0719884386/Kockaert-2017-Introduction_ Quality in legal t.pdf

Kockaert, Hendrik J., and Winibert Segers. 2017. "Evaluation of legal translations: PIE method (Preselected Items Evaluation)." The Journal of Specialised Translation 27: 148-163.

ABSTRACT: This article is situated in the field of translation evaluation and consists of two parts. The first part is dedicated to the different meanings of the term ‘translation evaluation’ and the implications for evaluation approaches. The term ‘translation evaluation’ may refer to the translation product, the translation process, the translation service and the competence of the translator. Product, process, service and competence of the translator require different evaluation approaches. In the second part of the article we illustrate in a case study a method for evaluating the translation product: the PIE method (Preselected Items Evaluation).

internal-pdf://4030285806/Kockaert-2017-Evaluation of legal translations.pdf

Krogsgaard Vesterager, Anja. 2017. "Explicitation in legal translation — a study of Spanish-into-Danish translation of judgments." The Journal of Specialised Translation 27: 104-123.

ABSTRACT: This article reports on the findings of an empirical study on Danish translators’ use of explicitation in their translations of an excerpt from a Spanish judgment. The aim of the study was to examine: (1) whether Danish translators use explicitations in their translations of a judgment from Spanish into Danish, and (2) whether differences can be observed in relation to the participants’ expertise in translation. To fulfil the purpose of the study, an experiment involving translation from Spanish into Danish was performed. The data — a Spanish source text and 10 translations into Danish by five experts and five non- experts — were analysed using qualitative methods followed by a quantitative synthesis. The analyses focussed on explicitations in relation to the items of nominalisations, passives, system-bound terms, and elliptical phrases. The results of the study showed that explicitations did occur in the target texts and that experts explicitated more than non- experts. In addition, the results revealed differences between experts and non-experts in the units they explicitated. While experts opted for explicitations in relation to all of the focal points, non-experts only explicitated system-bound terms and elliptical phrases.

internal-pdf://1495749338/Krogsgaard Vest-2017-Explicitation in legal tr.pdf

Leung, Matthew. 2004. "Assessing Parallel Texts in Legal Translation." The Journal of Specialised Translation 1: 89-105.

ABSTRACT: Sarcevic in New Approach to Legal Translation (1997: 71) 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". This paper explores the implications of such an approach to the assessment of the 'success' of a piece of legal translation and bilingual legal drafting to (a) general translation theory, and (b) legal translation assessment practice in the academic context. The preceding quotation would suggest that a judge is in the position of the ultimate judge of the quality of the parallel legal texts. Moreover, he/she has at his/her disposal, a panoply of interpretation rules to help him/her reconcile discrepancies in parallel texts. However, is such an authority just a beautiful fiction? And can general interpretation rules be established that apply to non-legal texts? Whatever the answers, the judge's attempt to reconcile discrepancies already provides an interesting lesson to the translation teacher-assessor in the approach to translation assessment.

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Martín Ruano, M. Rosario. 2014. "From suspicion to collaboration: Defining new epistemologies of reflexive practice for legal translation and interpreting." The Journal of Specialised Translation 22.

ABSTRACT: Existing Codes of Ethics for translators and interpreters working in institutional settings repeatedly require their strict adherence to apparently sacrosanct values including Fidelity, Accuracy, Neutrality or Confidentiality. Existing deontology seems to mould invisible beings who are annulled or disappear to unobtrusively give a voice to other persons or texts. Nevertheless, in situations marked by conflict and asymmetry, these seemingly indisputable values prove to be not only scarcely self-explanatory but also paradoxical, and indeed are very often the source of complex ethical dilemmas for professionals who perform an essentially interventionist task. Drawing on various examples, and aided by concepts from recent critical approaches to institutional and legal translation and other related fields, this article will problematise the theoretical discourse underpinning instruments regulating legal translation practice, with emphasis on two recurrent concepts: Accuracy and Neutrality. The ultimate goal of this endeavour will be to contribute to a more nuanced understanding of the role played by institutional translators and the acute practical and ethical complexities they face.

internal-pdf://3829176245/Martín Ruano-2014-From Suspicion to Collaborat.pdf

Mayoral Asensio, Roberto. 2005. "The lure of legal language: an interview with Roberto Mayoral." The Journal of Specialised Translation 3.

ABSTRACT: Roberto Mayoral is a Senior Lecturer at the Department of Translation and Interpreting of the Universidad de Granada, Spain, and has been Head of the Faculty of Translation and Interpreting. A specialist in English-Spanish official sworn translation and translation theory, his recent publications include La Traducción de la variación lingüística (1999), Aspectos epistemológicos de la traducción (2000) and Translating Official Documents (2003).

internal-pdf://1583295620/Mayoral Asensio-2005-The lure of legal languag.pdf

McClintock, Barbara, and Clive Meredith. 2015. "Twentieth anniversary of the Civil Code of Quebec: the English translation of the Civil Code of Quebec: a controversy." The Journal of Specialised Translation 23.

internal-pdf://0078656920/McClintock-Twentieth anniversar-art_mcclintock.pdf

Muñoz Sánchez, Pablo. 2008. "En torno a la localización de videojuegos clásicos mediante técnicas de romhacking: particularidades, calidad y aspectos legales." The Journal of Specialised Translation 9.

ABSTRACT: The study of this paper stems from the author’s experience in the localisation of classic video games through romhacking techniques and aims at reflecting on the particularities and differences of the professional localisation of video games. Furthermore, it discusses the legality of this practice and the quality of amateur translations. Finally, the paper concludes with a reflection on the impact of amateur translations in recent times.

internal-pdf://2351345404/Muñoz Sánchez-2008-En torno a la localizacio.pdf

Paolucci, Sandro. 2017. "Translating names of constitutional bodies in legal texts: Italian translation of names of Slovenian constitutional bodies in different types of legal texts." The Journal of Specialised Translation 27: 75-103.

ABSTRACT: This article concisely presents how the names of state bodies may be translated (in this case, from Slovenian into Italian) using various translation strategies that are effective and appropriate for every individual case according to the sometimes varying text type and function of the translated text in the target language and culture. The method consists of research to identify actual translations of these names depending on the type of text and its function (normative, expository, or informative). For research purposes, the texts are divided into: (a) normative legal texts: binding for the recipients (e.g., laws and regulations); (b) expository legal texts: partially binding or non-binding for the recipients (e.g., scholarly articles, conference acts, lessons, and legal memory); and (c) informative legal texts: non-binding for the recipients (e.g., texts from newspaper websites, journals, and television broadcasts for the Italian minority). The results obtained, especially in normative texts, were somewhat heterogeneous and unsatisfactory, and therefore the author proposes his own suggestions based on the experience he has gained in this field as well as taking into account prominent theorists such as Šarčević, de Groot, Cao, Sacco, Megale, and others. In particular, in a) Italian translations of the names of Slovenian constitutional bodies in legislative legal texts, such as the constitution in particular, should be as formal as possible, even literal translations, not only out of respect for the intent of the legislator, but also for reasons of coherence and terminological consistency, which promotes transparency and recognition by recipients, and also safeguards the principle of legal certainty;; (b) Translations of the same names in legal texts of a partially binding or non-binding character, such as expository and informative texts, should be functional and, with regard to the type of text and its specific function, more accessible to the target-language recipients.

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Peruzzo, Katia. 2012. "Secondary term formation within the EU: term transfer, legal transplant or approximation of Member States’ legal systems?" The Journal of Specialised Translation 18.

ABSTRACT: The EU legal system and the legal systems of its Member States have to adapt to the ever-changing nature of society and are therefore in a constantly evolving state. The EU, which is characterised by a unique lawmaking system, has proved to be an inexhaustible source of legislation, giving rise to a dynamic legal context. The same dynamicity can be observed also from a linguistic perspective. Due to the multilingualism principle, which makes multilingual communication a mandatory activity in EU institutions, new EU legislation and, consequently, new legal concepts are expressed in equally authentic texts. As a result, 23 different varieties of national official languages are being developed within the EU and existing terms are already undergoing a Europeanisation process. This paper presents a case study conducted on the terminology extracted from a corpus of parallel EU documents in English and Italian on the specific subdomain of the standing of victims in criminal proceedings and victims’ rights, and discusses the consequences of concept transfer between legal systems within a multidimensional context and in terms of monolingual and multilingual secondary term formation.

internal-pdf://1111383005/Peruzzo-2012-Secondary term formation within t.pdf

Phelan, Mary. 2017. "Analytical assessment of legal translation: a case study using the American Translators Association framework." The Journal of Specialised Translation 27: 189-210.

ABSTRACT: A number of analytical grading systems for translation have been developed since the 1970s. The objective of the case study described in this article was to establish the suitability of that of the American Translators Association (ATA), to assessment of a legal translation. To this end, a judgment from the English court of appeal was translated into Spanish by a Translation Studies student. Ten assessors, all of whom were experienced translators and native speakers of Spanish and two of whom were also experienced ATA graders, applied the ATA framework for standardised error marking and the associated flowchart for error point decisions to the translation. Under this negative marking system, candidates must score under 18 points to pass. The subjective element in terms of decision making was such that assessors allocated total marks of between 9 and over 45 to the translation with three passing and seven failing the translation. Despite these results, in their feedback six assessors deemed the translation acceptable for professional purposes while four felt that it was unacceptable. Assessor feedback indicated that some error categories overlapped or were vague while the flowchart was difficult to implement, in particular when deciding the level of seriousness of errors.

internal-pdf://3193036015/Phelan-2017-Analytical assessment of legal tra.pdf

Pontrandolfo, Gianluca. 2016. "Aproximación gradual a la traducción jurídica: un recorrido didáctico." The Journal of Specialised Translation 26: 50-71.

ABSTRACT: The present paper is framed within the macro-area of specialised translation training and, more specifically, in the field of legal translators’ training. The paper aims at defining and organising training material for novice legal translators. The final aim of the article is to provide students with the necessary tools to analyse and translate a number of important legal genres, with morphosyntactic, lexical, terminological, phraseological, semantic and pragmatic accuracy. The paper is based on the methodology of the “gradual approximation” proposed by Widdowson (1978: 91), applied to legal texts by Garzone (2007: 211-216). The method consists in the exploration of the vertical diversification of the legal discourse, starting from less specialised texts and more popular ones, gradually getting to the most specialised ones, typical of legal discourse. The thematic proposal elaborated in the paper is structured into four content blocks, which can either be used as core modules of a single course or as single and independent modules: 1) between legal and literary translation: the case of ‘legal thrillers’ (see Pontrandolfo 2012); 2) translation of press/popular texts on legal matters; 3) translation of international and European legal texts; 4) translation of national legal texts (doctrinal, legislative, administrative, notarial and judicial texts). The focus relies on the practical part, so that the final training goal is not only the acquisition of definitions and theories on textual analysis, but also the active participation of trainees through a number of resources.

internal-pdf://2404288624/Pontrandolfo-2016-Aproximación gradual a la tr.pdf

Prieto Ramos, Fernando. 2011. "El traductor como redactor de instrumentos jurídicos: el caso de los tratados internacionales." The Journal of Specialised Translation 15: 200-214.

ABSTRACT: Legal instruments within the multilateral system almost always become multilingual through translation. Given the legal force of the target texts that they prepare, translators take on the delicate responsibility of drafters of binding provisions in the target language in that context. This article focuses on multilateral treaties in order to illustrate the legal and situational factors framing that task at international organisations. Relevant provisions regarding the interpretation of multilingual treaties (within the Vienna Convention on the Law of Treaties) are analyzed as a starting point to address the scope of characteristic translation problems posed by ambiguity in original texts, as well as to identify the parameters that should be considered when dealing with such issues. Special emphasis is given to familiarisation with applicable rules of interpretation in international law and related judicial precedents at organisation level. The conclusion accordingly underlines the high degree of specialisation required for the translation of treaties, with a view to contributing to maximum text quality and concordance, and ultimately to legal certainty.

internal-pdf://4013483704/Prieto Ramos-2011-El traductor como redactor d.pdf

Ross, Dolores, and Marella Magris. 2017. "The European Arrest Warrant: some pragmatic and translation aspects." The Journal of Specialised Translation 27: 124-147.

ABSTRACT: The European Arrest Warrant (EAW) is an important legal instrument of judicial cooperation and mutual assistance in criminal matters within the European Union. Translation quality and functionality is therefore a fundamental issue in this field, as we argue in the present article. After a brief introduction to the EAW, we have performed a genre-based analysis of Belgian Dutch and Italian EAWs, addressing terminological issues, morphosyntactic questions and discursive strategies. Subsequently we have taken into consideration the pragmatic dimension, focusing especially on the participants in the very particular discourse situation presented by EAWs. Finally we have discussed the translator’s role and competence. The EAW is a normative text issued by a EU Member State with a view to arrest and surrender a requested person by another Member State. The translation of an EAW is considered a parallel legal text, because in the target judicial system it performs the function of the judicial decision in the source system. Against this background the quality of translation services, the translator’s tasks and the issue of national registers for translators are essential elements, also in the light of increasingly important considerations such as the commitment to fundamental rights.

internal-pdf://0066493502/Ross-2017-The European Arrest Warrant_ some pr.pdf

Scarpa, Federica, and Daniele Orlando. 2017. "What it takes to do it right: an integrative EMT-based model for legal translation competence." The Journal of Specialised Translation 27: 21-42.

ABSTRACT: Over the past few decades, research has yielded valuable models for the conceptualisation of translation competence, both in the academic and professional worlds (Göpferich 2009; Kelly 2002; PACTE 2003). However, despite the growing consensus on translation competence as a multi-faceted competence comprising several core skills, the different perspectives have resulted in terminological (when not downright conceptual) ambiguity. This paper aims to investigate in a didactic perspective the specific competences and sub- competences required for translating legal documents, with particular reference to the focus of the QUALETRA2 project, i.e. the specific skills required for translating criminal proceedings, in line with Directive 2010/64/EU. Informed by both recent research (cf. Prieto Ramos 2011; Piecychna 2013) and the outcomes of recent EU projects, as well as by the principle that a legal translator is first a translator (Cao 2007: 39), the proposed model is based on the general EMT reference framework for translation competences (EMT Expert Group 2009a: 3), which has been integrated with additional core components that are more strictly related to legal translation. The model is then contrasted with the results of three recent surveys on translation competence (Chodkiewicz 2012; OPTIMALE 2013; Orlando and Scarpa 2014). It will be finally argued that such an integrative approach has direct implications for training translators of criminal proceedings and can be adopted as a basis to assess and certify the competences and skills of prospective translators in this specific legal subdomain.

internal-pdf://0265939254/Scarpa-2017-What it takes to do it right_ an i.pdf

Stern, Ludmila. 2004. "Interpreting Legal Language at the International Criminal Tribunal for the Former Yugoslavia: overcoming the lack of lexical equivalents." The Journal of Specialised Translation: 63-75.

ABSTRACT: This article explores difficulties experienced by court interpreters and the strategies they adopted in dealing with legal deliberations at the International Criminal tribunal for the Former Yugoslavia (ICTY). After giving an outline of interpreting practices at ICTY, the author considers interpreting approaches used in this context. Problems created by the use and transfer of cognates, synonyms and neologisms in legal language are highlighted. The author shows why paraphrasing and other techniques of explicitation are often the most effective in an international legal context.

internal-pdf://3130390556/Stern-2004-Interpreting Legal Language at the.pdf

Stern, Ludmila, and Xin Liu. 2019. "Ensuring interpreting quality in legal and courtroom settings: Australian Language Service Providers’ perspectives on their role." The Journal of Specialised Translation 32.

ABSTRACT: In today’s multicultural landscape, opportunities for interpreters to acquire professional competence through formal training in order to work in legal settings, including court, remain limited, especially in the so-called ‘rare languages’ of recent migrant communities. Ensuring high quality interpreting services is largely the responsibility of interpreting agencies — Language Service Providers (LSPs). This article explores the ways in which eight major Australian LSPs address the challenges of providing interpreting of a quality required in legal settings, including courts. In-depth interviews with LSPs’ management reveal an uneven pattern of initiatives undertaken to address interpreter training and legal/court expertise. To mitigate risk, some LSPs, especially those employing interpreters in the Aboriginal and the so- called new & emerging languages of recent migrants, refugees and asylum seekers (Stern 2018), have undertaken capacity building and assumed a trainer’s role not historically expected of them; most report imparting information that can benefit interpreters, and encouraging them to pursue professional development. While the scope of these initiatives remains limited and the pattern uneven, most LSPs have identified the necessary steps for interpreter upskilling, even if they remain aspirational.

internal-pdf://0943947597/Stern-2019-Ensuring interpreting quality in le.pdf

Trujillo, Karina Socorro. 2019. "International Marine Cargo Insurance: Building generic and thematic competences in commercial translation." The Journal of Specialised Translation 32.

ABSTRACT: This article highlights the importance of generic and thematic competences when translating commercial texts. It focuses specifically on the relevant theoretical framework for international marine cargo insurance and the genres produced within any claim procedure. The aim is to inform translators about the situational context and the documents involved when loss or damage to goods is incurred, and thus enable a greater command of the subject matter and tenor of discourse. Also highlighted is the importance of understanding the standardisation of words or expressions used in International Trade and Maritime Law with English as the lingua franca, together with the need to apply the correct translation strategies for the final purpose of the translation.

internal-pdf://1376709960/Trujillo-2019-International Marine Cargo Insur.pdf

Valero Garcés, Carmen, and Dora Sales Salvador. 2007. "The Production of Translated Texts for Migrant Minority Communities. Some Characteristics of an Incipient Market " The Journal of Specialised Translation 7.

internal-pdf://2639188975/Valero-Garcés-2007-The Production of Translate.pdf

Whithorn, Nicholas. 2014. "Translating the mafia: legal translation issues and strategies." The Journal of Specialised Translation 22: 157-172.

ABSTRACT: The mafia has long been a mainstay theme in crime fiction, Hollywood cinema productions and TV dramas. Indeed, the popular conception of the mafia outside of Italy has largely been created by books, films and TV programmes conceived, written and produced in English. Although 'mafia' is used as a loan word in English, in Italian it is a much more semantically complex and culture bound term with a series of intrinsic connotations, including specifically legal ones, which present a challenge for translators, especially if applying the native speaker principle, as they may lack adequate cultural awareness. This paper briefly looks at issues involved in translating the terminology of Italian anti- mafia law within the context of the wider debate on the benefits and drawbacks of foreignisation or domestication strategies, and also considering the role of explicitation, with regard to legal culturemes. It examines possible solutions for the translation of two such specific terms (associazione di tipo mafioso and omertà) and concludes by suggesting the appropriate strategies to be adopted.

internal-pdf://1129566320/Whithorn-2014-Translating the mafia_ legal tra.pdf

Źrałka, Edyta. 2007. "Teaching specialised translation through official documents." The Journal of Specialised Translation 7.

internal-pdf://1374343969/Źrałka-2007-Teaching specialised translation t.pdf

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