Revista y Edición

Volumen 48 (2021): Edición 1 (December 2021)

Volumen 47 (2021): Edición 1 (September 2021)

Volumen 46 (2021): Edición 1 (June 2021)

Volumen 45 (2021): Edición 1 (March 2021)

Volumen 44 (2020): Edición 1 (December 2020)

Volumen 43 (2020): Edición 1 (September 2020)

Volumen 42 (2020): Edición 1 (June 2020)

Volumen 41 (2020): Edición 1 (March 2020)
Special issue: Studies in institutional translation and international legal communication. Editor: Fernando Prieto Ramos

Volumen 40 (2019): Edición 1 (December 2019)

Volumen 39 (2019): Edición 1 (September 2019)

Volumen 38 (2019): Edición 1 (June 2019)

Volumen 37 (2019): Edición 1 (March 2019)

Volumen 36 (2018): Edición 1 (December 2018)

Volumen 35 (2018): Edición 1 (September 2018)

Volumen 34 (2018): Edición 1 (June 2018)

Volumen 33 (2018): Edición 1 (March 2018)

Detalles de la revista
Formato
Revista
eISSN
2391-4491
Publicado por primera vez
20 Dec 2019
Periodo de publicación
4 veces al año
Idiomas
Inglés

Buscar

Volumen 45 (2021): Edición 1 (March 2021)

Detalles de la revista
Formato
Revista
eISSN
2391-4491
Publicado por primera vez
20 Dec 2019
Periodo de publicación
4 veces al año
Idiomas
Inglés

Buscar

5 Artículos
Acceso abierto

Preface

Publicado en línea: 01 Mar 2021
Páginas: 7 - 9

Resumen

Acceso abierto

The Abyss of Meaning or the Cauldron of Signs: Meaning and Tertium Quid. Shakespeare as a Translator?

Publicado en línea: 01 Mar 2021
Páginas: 11 - 38

Resumen

Abstract

Sum of atoms or molecules that are the signs that the author of a text organizes in speech, the text contains meaning, in latency. To activate it, reveal it must be interpreted, whether or not the purpose is to translate it. When it comes to translating, the difficulties presented by the translation of normative texts are due in large part to the notional burden, the degree of “juridical status” of the message conveyed by the text and the cultural singularity revealed by its mode of writing. While the substance of a text is of paramount importance in its interpretation, the manner in which it is written and presented – its form – is far from negligible. Each way of saying carries its own, and participates in, the meaning. The approach defined for the translation, sourcing (least-cultural) or targeting (most-cultural), guides the meaning. That is when the final interpretation of the two versions of the instrumental text by the courts fulfils the canonical function of law and language: to say the law by determining the meaning of all or part of a text. Until then, the signs generating the speech and its meaning nested in this place of uncertainty that is the tertium quid, where rest, like the ingredients that the Sisters of Destiny (Macbeth) stir in their cauldron, the signs of where meaning will come out, an uncertain and precarious truth deduced by the original interpreter of the instrumental text, the translator, transcribed into the target text. Would Shakespeare provide an answer to the existential questions posed by the translator, when the spectre (Hamlet) and the witches (Macbeth), enigmatic oracles, answer the protagonists’ ontological questions about the meaning and direction of their lives? The bard indeed launches this injunction: keep law and form and due proportion in Richard II (3.4.43)! Will the translator follow him in each of these three directions?

Palabras clave

  • Shakespeare
  • law
  • language
  • translation
  • signs
  • meaning
Acceso abierto

Translation as a Catalyst in the Development of Modern Chinese Legal Language

Publicado en línea: 01 Mar 2021
Páginas: 39 - 60

Resumen

Abstract

This paper focuses on the translation of legal language and the development of modern Chinese legal language as a translated legal language. It first describes the historical contexts in which China underwent enormous and unprecedented social and political changes including changes to law in the late 1800s and early 1900s. It then discusses how translation played an important catalyst role in introducing Western law, legal practices, legal concepts and terminology in the emerging modern Chinese legal language as we know it today, and in the process, lent a helping hand in negotiating China’s transition to modernity through translation and creating a new legal language and legal system. It also considers the issues in translingual and cross-cultural communication and understanding translated Chinese legal language.

Palabras clave

  • Chinese legal language
  • Chinese law
  • modernity in China
  • legal translation
  • legal terminology
  • legal concept
Acceso abierto

On the Forms and Thorns of Linguistic Indeterminacy in Chinese Law

Publicado en línea: 01 Mar 2021
Páginas: 61 - 92

Resumen

Abstract

This study addresses the different types and implications of linguistic indeterminacy in Chinese law. It firstly draws on the studies of scholars of different disciplines, such as linguistics and philosophy of language, to provide a taxonomy of indeterminacy in language. It then provides examples of each type, highlighting the implications in law and legal interpretation. It uses linguistic data from various texts, such as statutory laws and judgements, and analyses them with various methods, including discourse analysis and corpus linguistics. This study argues that when the language of the law is indeterminate, the legal outcomes may be particularly uncertain. It suggests that although it is difficult to ascertain whether the degree of indeterminacy is higher in some languages more than in others, some linguistic mechanisms at the word-formation level in Chinese, such as portmanteaus and the modifier-modified structure, are remarkably ambiguous. When uncertain terms are in key parts of the law, the consequences may be more serious. The study of linguistic indeterminacy in Chinese has implications for the study of forensic linguistics, and Chinese studies in general.

Palabras clave

  • Linguistic vagueness
  • linguistic ambiguity
  • Chinese law
  • Chinese legal language
  • cross-lingual studies
Acceso abierto

Reconceptualising the Third Space of Legal Translation: A Study of the Court of Justice of the European Union

Publicado en línea: 01 Mar 2021
Páginas: 93 - 126

Resumen

Abstract

This paper explores the concept of legal translation as a Third Space through the lens of the ‘multilingual’ Court of Justice of the European Union (ECJ). In many ways legal translation at that Court fits readily with the characterisation of translation as a Third Space. Due to complex internal production processes the ECJ produces texts which are undoubtedly hybrid in nature, and which exhibit distinctive features on a lexical and textual level marking them out as a product of cross-fertilisation of influences from source and target languages and legal cultures. Even the teleological approach taken towards legal reasoning at the ECJ occupies a space outside the strict confines of the texts involved. Both the processes and the product of the ECJ’s language system appear to bear all the hallmarks of translation as a Third Space. However, translation at the ECJ also challenges the concept of a Third Space. The prevailing definitions of translation as a Third Space fail to effectively conceptualise additional nuances of the specific nature of drafting and the complex nature of translation at the ECJ. This paper uses original empirical data to demonstrate that translation at the ECJ places constraints on the undefined, vague and fluid nature of the Third Space, warping the forces at work within that space. In this regard, rather than an amorphous space, the Third Space is better thought of as a determinate area which is delimited by elements of translation process which constrain it. This adapted framing of the Third Space can consequently be used to better understand and illustrate the dynamics at play in other areas of legal translation where the current concept of the Third Space is equally inadequate for encompassing the specific nature of translation practices which impact on that space-in-between.

Palabras clave

  • legal translation
  • translation theory
  • translators
  • ECJ
  • CJEU
  • legal cultures
  • Third Space
  • teleological interpretation
5 Artículos
Acceso abierto

Preface

Publicado en línea: 01 Mar 2021
Páginas: 7 - 9

Resumen

Acceso abierto

The Abyss of Meaning or the Cauldron of Signs: Meaning and Tertium Quid. Shakespeare as a Translator?

Publicado en línea: 01 Mar 2021
Páginas: 11 - 38

Resumen

Abstract

Sum of atoms or molecules that are the signs that the author of a text organizes in speech, the text contains meaning, in latency. To activate it, reveal it must be interpreted, whether or not the purpose is to translate it. When it comes to translating, the difficulties presented by the translation of normative texts are due in large part to the notional burden, the degree of “juridical status” of the message conveyed by the text and the cultural singularity revealed by its mode of writing. While the substance of a text is of paramount importance in its interpretation, the manner in which it is written and presented – its form – is far from negligible. Each way of saying carries its own, and participates in, the meaning. The approach defined for the translation, sourcing (least-cultural) or targeting (most-cultural), guides the meaning. That is when the final interpretation of the two versions of the instrumental text by the courts fulfils the canonical function of law and language: to say the law by determining the meaning of all or part of a text. Until then, the signs generating the speech and its meaning nested in this place of uncertainty that is the tertium quid, where rest, like the ingredients that the Sisters of Destiny (Macbeth) stir in their cauldron, the signs of where meaning will come out, an uncertain and precarious truth deduced by the original interpreter of the instrumental text, the translator, transcribed into the target text. Would Shakespeare provide an answer to the existential questions posed by the translator, when the spectre (Hamlet) and the witches (Macbeth), enigmatic oracles, answer the protagonists’ ontological questions about the meaning and direction of their lives? The bard indeed launches this injunction: keep law and form and due proportion in Richard II (3.4.43)! Will the translator follow him in each of these three directions?

Palabras clave

  • Shakespeare
  • law
  • language
  • translation
  • signs
  • meaning
Acceso abierto

Translation as a Catalyst in the Development of Modern Chinese Legal Language

Publicado en línea: 01 Mar 2021
Páginas: 39 - 60

Resumen

Abstract

This paper focuses on the translation of legal language and the development of modern Chinese legal language as a translated legal language. It first describes the historical contexts in which China underwent enormous and unprecedented social and political changes including changes to law in the late 1800s and early 1900s. It then discusses how translation played an important catalyst role in introducing Western law, legal practices, legal concepts and terminology in the emerging modern Chinese legal language as we know it today, and in the process, lent a helping hand in negotiating China’s transition to modernity through translation and creating a new legal language and legal system. It also considers the issues in translingual and cross-cultural communication and understanding translated Chinese legal language.

Palabras clave

  • Chinese legal language
  • Chinese law
  • modernity in China
  • legal translation
  • legal terminology
  • legal concept
Acceso abierto

On the Forms and Thorns of Linguistic Indeterminacy in Chinese Law

Publicado en línea: 01 Mar 2021
Páginas: 61 - 92

Resumen

Abstract

This study addresses the different types and implications of linguistic indeterminacy in Chinese law. It firstly draws on the studies of scholars of different disciplines, such as linguistics and philosophy of language, to provide a taxonomy of indeterminacy in language. It then provides examples of each type, highlighting the implications in law and legal interpretation. It uses linguistic data from various texts, such as statutory laws and judgements, and analyses them with various methods, including discourse analysis and corpus linguistics. This study argues that when the language of the law is indeterminate, the legal outcomes may be particularly uncertain. It suggests that although it is difficult to ascertain whether the degree of indeterminacy is higher in some languages more than in others, some linguistic mechanisms at the word-formation level in Chinese, such as portmanteaus and the modifier-modified structure, are remarkably ambiguous. When uncertain terms are in key parts of the law, the consequences may be more serious. The study of linguistic indeterminacy in Chinese has implications for the study of forensic linguistics, and Chinese studies in general.

Palabras clave

  • Linguistic vagueness
  • linguistic ambiguity
  • Chinese law
  • Chinese legal language
  • cross-lingual studies
Acceso abierto

Reconceptualising the Third Space of Legal Translation: A Study of the Court of Justice of the European Union

Publicado en línea: 01 Mar 2021
Páginas: 93 - 126

Resumen

Abstract

This paper explores the concept of legal translation as a Third Space through the lens of the ‘multilingual’ Court of Justice of the European Union (ECJ). In many ways legal translation at that Court fits readily with the characterisation of translation as a Third Space. Due to complex internal production processes the ECJ produces texts which are undoubtedly hybrid in nature, and which exhibit distinctive features on a lexical and textual level marking them out as a product of cross-fertilisation of influences from source and target languages and legal cultures. Even the teleological approach taken towards legal reasoning at the ECJ occupies a space outside the strict confines of the texts involved. Both the processes and the product of the ECJ’s language system appear to bear all the hallmarks of translation as a Third Space. However, translation at the ECJ also challenges the concept of a Third Space. The prevailing definitions of translation as a Third Space fail to effectively conceptualise additional nuances of the specific nature of drafting and the complex nature of translation at the ECJ. This paper uses original empirical data to demonstrate that translation at the ECJ places constraints on the undefined, vague and fluid nature of the Third Space, warping the forces at work within that space. In this regard, rather than an amorphous space, the Third Space is better thought of as a determinate area which is delimited by elements of translation process which constrain it. This adapted framing of the Third Space can consequently be used to better understand and illustrate the dynamics at play in other areas of legal translation where the current concept of the Third Space is equally inadequate for encompassing the specific nature of translation practices which impact on that space-in-between.

Palabras clave

  • legal translation
  • translation theory
  • translators
  • ECJ
  • CJEU
  • legal cultures
  • Third Space
  • teleological interpretation

Planifique su conferencia remota con Sciendo