Legal translation
Legal translation
Whatever President Barak Obama’s says about automated translations, as long as automated lawyer’s office remain a futuristic dream, it is unlikely that legal translations will be performed by Translation Machines â¢â¦
For laymen, translating appears to be a relatively simple process, consisting in taking words from one language (the source language) and restituting them in another language (the target language) with the necessary grammatical adjustments.
This does indeed covers the general idea of what a translation entails, though a professional translator’s qualifications cover more than simply the in-depth knowledge of two languages. When applied to the legal field, the work of a translator is considerably complicated as every country has its own legal system, with its own particularities. And the same word does not necessarily translate into the same reality.
A perfunctory glance at a sample of translation problems arising simply from the official institutions of two different countries will illustrate the difficulty pertaining to legal translations. Two different legal systems will have either:
1.           the same institution, governed in the same way. This case is extremely rare, if not non-existent;
2.           the same institution, governed differently (even if only slightly);
3.           an institution that exists in one legal system but no longer exists in the other;
4.           an institution that exists in one legal system but does not exist in the other.
Point Nr 1. poses virtually no problem, the legal translator only has to check the translation of the statute, ruling or other used in the target country and ensure that their content are a match.
 Point Nr 2. can be illustrated by the term “House of Representatives”. Intuitively, it is natural to think that we know the meaning of the word. However, depending on the country, the practical implications vary widely. It might refer to a unicameral legislature or to the lower chamber of a bicameral legislature. Or, as some cases like in Israel for example, it has a radically different name, the Knesset, with it’s own specific rules. It is the legal translator’s responsibility to ensure that the translation of the term matches the reality on the ground in the target country.
Point Nr 3. is best exemplified by the differences between former and existing monarchies. In existing monarchies, terms like “Royal Edicts” are still part of the jargon. The translation of the legal implications of such a term in non-monarchic legal systems implies that the legal translator fully masters both legal systems.
Point Nr 4. our last case, is perfectly illustrated by the differences between countries where the concept of separation between State and religion is the rule, exists partially or would be seen as heretical. This is particularly important in all matters relating to family law, such as marriage, divorce and inheritance, where religious courts are particularly important in countries where religious authorities play a pivotal role.
These are just some of the most obvious examples of the particularities specific to the profession of any specialized legal translator. This is why the use of automated translation for legal translation is unlikely to be happening soon.
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This song is about what I do when I’m not writing and singing songs. For the uninitiated: 5000 words is considered to be a very respectable day’s work in my profession… THIS SONG IS NOW ON MY NEW CD, “5000 WORDS”. Email order5000words@gmail.com for details. FIVE THOUSAND WORDS (Lyrics and music © by Sharon Neeman) The clock showed close to quitting time; my desk was almost clear; I thought perhaps I’d slip around the corner for a beer But the phone rang and I answered and a friendly voice said “Hi!” It was the secretary of a legal firm nearby. She said “Oh, please excuse me calling this late in the day, But we have a new petition in a case that’s under way; Can you translate it tomorrow? Any time by five will do ‘Cause we wouldn’t want to give the work to anyone but you It’s only Five thousand words for tomorrow at five;” I thought “I’ll do that easily; I’ll scarcely have to strive,” So I smiled and said “No problem; I’ll just add it to my bill, And you’ll send a check on Friday?” And she said “You know we will.” * * * I set to work at eight AM; I cut my lunch date short; By five the stuff was ready to be filed before the Court; I sent it off by email and I poured a cup of tea And the phone rang and I answered and a lawyer asked for me: “I’ve just leafed through your translation, and I think it’s very good, And I’d like you to translate an affidavit, if you could; It’s the size of that petition well, perhaps a little more And you know that I’d be grateful if you’d have …
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Posted by admin on April 2nd, 2011 :: Filed under Legal Translations
Tags :: Legal, translation
