In contrast to the assumption many laymen hold about language translation, the process is not as simple as plugging in a word-for-word replacement of terms between the source language (SL) and target language (TL). Rather, when a translator takes a document in the SL and converts it to the TL, there are a number of conventions he uses including:
- Borrowing: recognizing that some words are the same from one language to another. For example, while spelled differently, the word “Internet” is the same in English as Russian (“интернет”).
- Calque – using a unique term in the TL that is equivalent to a unique word in the SL. For example, “weekend” in English can be translated to “fin de semaine” in French.
- Literal translation: grammatical conventions are converted to their closest equivalents in the TL and words are replaced with their closest matches.
- Modulation: recognizing when a SL phrase only makes sense in the TL when the point of view or tense is changed. For example, the English phrase “it is not difficult to show” is properly translated to French as “Il est facile de démontrer” (“it is easy to prove”).
- Equivalence: using a completely different term in the TL to make the same point or express the same meaning as a phrase in the SL. This commonly applies to legal terminology, but can easily be described using an idiom for example: “too many cooks spoil the broth” in English could be translated to “deux patrons font chavirer la barque” (“two bosses capsize the boat.”)
- Adaptation: using independent creative judgment to create a term or expression in the TL where there is no equivalency at all from the SL. This is commonly used in legal translations between countries where the legal systems are extremely different (for example, the U.S. and Arab nations).
It is this last category, “adaptation,” that can present the greatest challenge for parties involved in achieving accurate legal translations. Parviz Ahmadi Darani of the Esfahan Sheikhbahee University in Iran describes this challenge as a “compromise.” “Translators usually strive to achieve acceptability in both the TL and the cultural references that it contains, especially in official translations, which have a clearly defined role to play in legal processes.”1
For example, The Criminal Law of the People’s Republic of China includes a provision for “fanzuiweishui” or “criminal attempt.” In China, this refers to a criminal act the offender has begun to commit but was prevented from completing for reasons independent of his will. There is no directly comparable term within American common law, as the closest term of “attempt” places guilt on a person who commits an act—actions greater than just planning or preparation. To translate “fanzuiweishui” into English, a translator would use creative judgment to describe what he understands the intent of the term to mean into an English version that persons in the United States would understand.
This is but one illustration showing the importance of hiring qualified legal translators to perform accurate legal translations. Professional legal translators combine a high degree of language proficiency with experience and knowledge of the legal environment of both the source and target languages.
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Darani, Parviz Ahmadi. “The English Legalese under Scrutiny: Genre-Based Approach to Legal Translation.” Published online at: https://www.translationdirectory.com/articles/article2356.php. ↩
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