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Translation is subject to a complex and unique set of legal rules that govern its various practical and intellectual aspects. These rules derive from very different legal areas, such as intellectual property and labour law. While useful from a strictly legal point of view, the heterogeneity of sources operates as a major hurdle in terms of understanding the overall legal framework within which translation operates. This book offers a general overview of the legal rules applicable to different aspects of translation, allowing translators and other interested parties to form a broad and coherent picture of the rules applicable in this area. It draws on the provisions of the main legal systems of the world, as well as the basic international agreements relevant in this area, thus offering both a comparative perspective of the legal issues involved and a guide to relevant national legal rules. In addition to a description and analysis of the legal issues and rules involved, the book also presents hypothetical cases, with a discussion of the problems they pose and possible solutions. It explains the theoretical structure of the rules under discussion as well as their practical implications. The language and methodology of the book are sufficiently accessible to allow lawyers, translators and those who require translation work but do not have a formal legal background to follow the arguments presented.
This study concentrates on three major issues creating a basis for the making of the "Czech-English Law Dictionary with Explanations", namely language, including terminology, in both the Czech and Anglo-American systems of law; the process of legal translation; and the lexicographic method of producing a bilingual law dictionary. Terminology has been considered the most significant feature of language for legal purposes. It encompasses a wide range of special-purpose vocabulary and higher syntactic units, including legal jargon. Conceptual analysis is to be pursued whenever an identical term in the target language does not exist or its full equivalent is in doubt. Legal translation should be based primarily on comparative legal, linguistic and genre analysis in order to make the transfer of legal information as precise, accurate and comprehensible as possible. The primary objective of legal translation is for the target recipient to be provided as explicit, extensive and precise legal information in the target language as is contained in the source text, complemented (by the translator) with facts rendering the original information fully comprehensible in the different legal environment and culture. A dictionary which will help its users to produce legal texts in the target language should be founded upon a profound comparative legal and linguistic analysis that will (a) determine equivalents at the levels of vocabulary, syntax and genre, (b) select the appropriate lexicographic material to be included in the dictionary, and (c) create entries in a user-friendly manner.
This volume provides a state-of-the-art overview of institutional translation issues related to the development of international law and policies for supranational integration and governance. These issues are explored from various angles in selected papers by guest specialists and findings of a large-scale research project led by the editor. Focus is placed on key methodological and policy aspects of legal communication and translation quality in a variety of institutional settings, including several comparative studies of the United Nations and European Union institutions. The first book of its kind on institutional translation with a focus on quality of legal communication, this work offers a unique combination of perspectives drawn together through a multilayered examination of methods (e.g. corpus analysis, comparative law for translation and terminological analysis), skills and working procedures. The chapters are organized into three sections: (1) contemporary issues and methods; (2) translation quality in law- and policy-making and implementation; and (3) translation and multilingual case-law.
This volume investigates advances in the field of legal translation both from a theoretical and practical perspective, with professional and academic insights from leading experts in the field. Part I of the collection focuses on the exploration of legal translatability from a theoretical angle. Covering fundamental issues such as equivalence in legal translation, approaches to legal translation and the interaction between judicial interpretation and legal translation, the authors offer contributions from philosophical, rhetorical, terminological and lexicographical perspectives. Part II focuses on the analysis of legal translation from a practical perspective among different jurisdictions such as China, the EU and Japan, offering multiple and pluralistic viewpoints. This book presents a collection of studies in legal translation which not only provide the latest international research findings among academics and practitioners, but also furnish us with a new approach to, and new insights into, the phenomena and nature of legal translation and legal transfer. The collection provides an invaluable reference for researchers, practitioners, academics and students specialising in law and legal translation, philosophy, sociology, linguistics and semiotics.
This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union’s approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States’ laws, which create barriers to trade and hinder the Union’s economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union’s smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.
This volume brings both beginning and experienced translators and interpreters up to date on a broad range of issues. The seven sections take up success and survival strategies for a language professional, including the challenges posed by the changing global economy, the impact of new technologies, adjustments required by a different legal environment and traditional ethical practices. Such challenges and changes point to a need for continuing education and networking and for newcomers specialized postsecondary training. The issues are as broad as the translator and interpreter's role in the modern world, as detailed as advice on setting up a workstation or choosing a degree program. The contributors, all practicing translators and interpreters, discuss also the value of the Association and its Committees to the profession and its individual members.
In an era marked by processes of economic, political and legal integration that are arguably unprecedented in their range and impact, the translation of law has assumed a significance which it would be hard to overstate. The following situations are typical. A French law school is teaching French law in the English language to foreign exchange students. Some US legal scholars are exploring the possibility of developing a generic or transnational constitutional law. German judges are referring to foreign law in a criminal case involving an honour killing committed in Germany with a view to ascertaining the relevance of religious prescriptions. European lawyers are actively working on the creation of a common private law to be translated into the 24 official languages of the European Union. Since 2004, the World Bank has been issuing reports ranking the attractiveness of different legal cultures for doing business. All these examples raise in one way or the other the matter of translation from a comparative legal perspective. However, in today’s globalised world where the need to communicate beyond borders arises constantly in different guises, many comparatists continue not to address the issue of translation. This edited collection of essays brings together leading scholars from various cultural and disciplinary backgrounds who draw on fields such as translation studies, linguistics, literary theory, history, philosophy or sociology with a view to promoting a heightened understanding of the complex translational implications pertaining to comparative law, understood both in its literal and metaphorical senses.

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