Translation: Legal Document is on its way
This article firstly explains the importance of legal document translation in nowadays world, then provides two fundamental principles of qualified legal translation with the specific examples.
After china entered the “WTO” successfully, the domestic market presents the unprecedented translation demands and serious emphasis on legal document translation. Along with the trend of globalization and the increase of cross-cultural exchanges, translators have already been aware of the importance of legal translation study. The legal translation tends no longer to be regarded as a linguistic code conversion process, but a legal mechanism in the act of communication.
The law is a kind of social norm, it is enacted or approved by the government or other authorities and people in that particular country or area must obey. Therefore, the legal language as a carrier of the law rules is broad and complex and it also possesses the professional and standard characteristics for legal context. A success legal document translation requests the translator not only to grasp the meaning of the original text, but also to understand what the legal effect will be performed from the original text. However, the legal translation so far mostly focuses on the settlement of a single word of the sentence-level practical translation skill, rarely seen on systemic and synthesis aspects as well as theoretical basis and legal practices.
Frankly speaking, on the way of legal document translation I am still in a research process herein is only some summary on the basis of reading a lot of legal translations:
1. The accuracy of vocabulary, semantics, and syntax
As a special text translation, legal vocabulary has its own features, such as frequent use of archaism and the loanwords; the word usage is serious and standard; the ordinary word has the special legal meanings; the use of doubling word or near-synonym pairs and repeated structure; the long sentence, complex sentence on the high side. Let’s see an example:
Translation 1: Parties shall adhere to the principle of honesty and trust worthiness in exercising their rights and performing their obligations.
In this translation version, we can see the twice use of the word “their”, this situation in the legal translation is extremely rare. The legal language should avoid using the indefinite pronoun. Therefore, should obliterate “their” and instead of “thereof” as legal expression. See its revision in Translation 2.
Translation 2: The parties to the contract shall, in accordance with the principle of good faith, execute the rights and perform the obligations thereof.
2. Faithful and rigorous; standard and smooth
As law text is born of high degree seriousness, the legal translation must be loyal to the original content, at the same time make the translation to be smooth and conformable to the legal tongue style. Therefore, in my view, “faithful and rigorous, standard and smooth” is very important. The ideal legal translation should be the perfect combination of both above. Here are two examples:
Translation 1: After a contract goes into effect, the parties may reach a supplementary agreement on items that have not been included or are not explicitly in the contract, such as quality, price or remuneration, place for performance and other matters;
The meaning of “a supplementary agreement” is not definite.
Although “that have not been included” is a restrictive attributive clause, it still doesn’t explain what it contains in.
“Such as”causes the sentence to appear insufficiently strict, and the meaning between translation version and original text has the significant difference.
The revision sees the translation 2.
Translation 2: If, after the contract made by and between the parties becomes effective, there is no agreement therein on the terms and provisions regarding quality, price or remuneration and place of performance, etc. or such agreements are unclear, the parties may, through consultation, agree upon supplementary terms and provisions;
As the legal translation’s uniqueness, it is not only required for the translator to have a superb translation skill, but also to have good sense of legal articles. Absence of these two premises, the quality of legal document translation can not be guaranteed.
