Language translation begins with a relatively simple premise–to convert the words used in one language into another. For inexperienced translators, the work is precisely that. Using little more than a computerized translation system, it’s common for translators to transcribe the text written in the source language (SL) to the target language (TL) with less than adequate cogitation for the accurate transference of the author’s original meaning. This describes the struggle to maintain consistency of both text and context particularly when legal documents are involved.
What is the difference between text and context?
While related directly to each other, the crevice between text and context is broad enough to alter or destroy the work’s intent, authenticity, or contractual obligations. Text relates simply to the words–the glyphs, characters, and symbols used to construct individualized glimpses into the communication between two parties. Context, however, is where the actual conveyance of communication happens. It is the arrangement of the text to create meaning, illustrate thoughts, and describe surroundings, circumstances, background, and expectations necessary to the document.
The objective of any legal translation is to achieve equivalence between the original and translated documents. Equivalence represents the equality of meaning–assuring the intent and outcomes within both works correspond. That requires a close examination of context.
Why is achieving equivalence in legal translation infinitely more difficult than other works?
Legal translations have yet another degree of complexity. Not only do they require bilingualism, but this work also requires the translator to understand the nuances of two different legal constructs intimately. In other words, the translator can only certify the accuracy of the translation if he comprehends the legal construct of the original documentation and, at the same time, has a complete understanding of how the courts of law will interpret the translated version in the target country.
Edgardo Rotman, Foreign and International Law Librarian at the University of Miami School of Law described this requirement in his paper, “The Inherent Problems of Legal Translation: Theoretical Aspects” (1995):
“The need to deal with this specialized terminology shows that only a translator acquainted with both legal systems can undertake the task. Nonspecialized translators, even with the highest degree of linguistic knowledge, are simply unable to translate legal texts such as the examples previously mentioned. Furthermore, this type of translation requires not only knowledge of the law in general, but also solid acquaintance with the specialized field, its doctrines, and particular theoretical models.”
What should you expect from a professional, legal translation service?
A qualified legal translator will prioritize legal equivalence. Professional translators carefully track any areas where gaps exist, for example, where the SL legal terminology does not appear in the TL, thus requiring the translator to use a high degree of explanation, flexibility, and creativity to communicate the context appropriately. All of those gaps must be reviewed before execution to ensure the translated document is equivalent to the original.
You will receive the most accurate legal translations from The Perfect Translation.
At The Perfect Translation, we use teams of professional translators who have expertise in the subject matter they are translating for. You’ll rest assured that The Perfect Translation will translate your documents accurately and completely. We provide certified and notarized document translation services for all document types associated with immigration, business, real estate, financial, academic, legal, and medical industries. Contact us today for a free quote!
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