translation of law discourse

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lecture-6: translation of law discourse plan: 1. defining law discourse through various academicians; 2. the historical background of english law discourse; 3. legal translation and its types; 4. legal terminological issues in translation. key words: the language of the law, legal translation, sworn translation, certified translation, notarized translation, legal terminology, the hague convention, legal vocabulary, lexical or terminological features and problems in legal translation. 1. defining law discourse through various academicians mellinkoff (1963:3) defines the language of the law as ‘the customary language used by lawyers and includes distinctive vocabulary, phrases, modes of expression, certain mannerisms of composition not exclusive with the profession but prevalent to have formed a fixed association’. for goodrich (1987:3), legal discourse is a linguistic register that can be defined in terms of its systematic appreciation of legally recognized meanings, accents, and connotations, and its simultaneous rejection of alternative and competing meanings and accents, forms of …

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ack to ancient greece with philosophers such as socrates and plato advocating freedom and democracy. during the celtic invasion of the british isles before the birth of christ, england witnessed the existence of celtic lawyers ‘perpetuating a customary law in a learned archaic language’ (mellinkoff, 1963:36). then the anglo-saxons invaded england in the 5th century a.d.; contracts and pleadings could be traced to their reign and laws were affected by ‘the alliterative and rhythmical fashions of the day’ (ibid). mellinkoff (ibid:37) notes that ‘the vein of rhythm runs through the language of the law, sometimes in traditional oral words, sometimes carried over into what is only written’. gu (2006: 110) comments that ‘the anglo saxons formed laws in their primitive language that was rigid in both meaning and form’. all the old words that are considered an integral part of legal english up till now such as hereof, hereinafter, and …

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was so influential that other countries managed to have similar documents of their own. for example, the united states issued the bill of rights in 1776. in france, following the french revolution, the national assembly constituted the french declaration of the rights of man and the citizen (garre, 1999:15-16) after the norman conquest, middle english was characterized by being ‘a language of disorder’ (gu, 2006:20). to justify his argument, gu (ibid) listed the different ways the term ‘law’ was spelt: ‘iach, laew, lagh, laha, lau, lauh, law, laugh’. because the educated elites, who were responsible for writing the law, were well-versed in latin, it remained the language of the law. bach and cable (2002:11) mention that ‘half of the english vocabulary is derived from latin, be it directly or indirectly’. this justifies the existence of numerous latin terms that are still used in legal english. such latinates are special to …

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f legal translation, albeit with varying degrees of acceptability and restriction. amongst these important methods and strategies are literal translation, free translation, functional approach to translation, transliteration/transcription, loan translation, adaptation, description by definitions and explanations/lexical expansion as well as descriptive substitution. each method and strategy has its own merits and demerits and can be used in particular legal translation situations and under specific conditions. failure to adopt the right strategy for a particular legal translation situation would unquestionably affect the formal usability of the translated text. given that legal translation is of a sensitive and sacred nature, the translator of laws should exert every effort to make use of the appropriate translation strategy for each legal translation situation, dealing with each legal translation situation on its own merit.[footnoteref:3] [3: rafat y. alwazna. important translation strategies used in legal translation: examples of hooper’s translation of the ottoman majalla into english. the …

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al translation. legal translation can be further classiﬁed according to different criteria. for instance, legal translation has been classiﬁed according to the subject matter of the sl texts into the following categories: (1) translating domestic statutes and international treaties; (2) translating private legal documents; (3) translating legal scholarly works; (4) translating case law. legal translation can also be divided according to the status of the original texts: (1) translating enforceable law, e.g. statutes; (2) translating non-enforceable law, e.g. legal scholarly works.[footnoteref:4] [4: d. cao translating law. multilingual matters ltd clevedon, buffalo, toronto. 2007. p. – 7-8.] when it comes to types of legal translations, the first thing we need to understand is that the nomenclature of what is what can vary greatly from one country (or one legal system) to another. there is no globally accepted definition of an official translation, with terms such as “sworn translation”, “certified translation” and …

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lecture-6: translation of law discourse plan: 1. defining law discourse through various academicians; 2. the historical background of english law discourse; 3. legal translation and its types; 4. legal terminological issues in translation. key words: the language of the law, legal translation, sworn translation, certified translation, notarized translation, legal terminology, the hague convention, legal vocabulary, lexical or terminological features and problems in legal translation. 1. defining law discourse through various academicians mellinkoff (1963:3) defines the language of the law as ‘the customary language used by lawyers and includes distinctive vocabulary, phrases, modes of expression, certain mannerisms of composition not exclusive with the profession but prevalent to have form...

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