Rivista e Edizione

Volume 48 (2021): Edizione 1 (December 2021)

Volume 47 (2021): Edizione 1 (September 2021)

Volume 46 (2021): Edizione 1 (June 2021)

Volume 45 (2021): Edizione 1 (March 2021)

Volume 44 (2020): Edizione 1 (December 2020)

Volume 43 (2020): Edizione 1 (September 2020)

Volume 42 (2020): Edizione 1 (June 2020)

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

Volume 40 (2019): Edizione 1 (December 2019)

Volume 39 (2019): Edizione 1 (September 2019)

Volume 38 (2019): Edizione 1 (June 2019)

Volume 37 (2019): Edizione 1 (March 2019)

Volume 36 (2018): Edizione 1 (December 2018)

Volume 35 (2018): Edizione 1 (September 2018)

Volume 34 (2018): Edizione 1 (June 2018)

Volume 33 (2018): Edizione 1 (March 2018)

Dettagli della rivista
Formato
Rivista
eISSN
2391-4491
Pubblicato per la prima volta
20 Dec 2019
Periodo di pubblicazione
4 volte all'anno
Lingue
Inglese

Cerca

Volume 37 (2019): Edizione 1 (March 2019)

Dettagli della rivista
Formato
Rivista
eISSN
2391-4491
Pubblicato per la prima volta
20 Dec 2019
Periodo di pubblicazione
4 volte all'anno
Lingue
Inglese

Cerca

4 Articoli
Accesso libero

Jurilinguistic Analysis in Translation, Comparative Law Practice. Translate the Letter or “The Spirit of the Laws”? The Case of the Code Napoléon

Pubblicato online: 30 Dec 2019
Pagine: 9 - 61

Astratto

Abstract

Translated texts sometimes reflect the targeted legal system’s conventional manner of writing law; however, the equivalence of the legal message must be realized. Translating law into another legal culture goes through a comparative analysis of the laws involved, the command of which is needed to achieve legal equivalence. The form of the target text must nevertheless correspond to its legal culture. Legal translation is then the meeting point of languages, cultures and laws. To succeed, this meeting must be based on an ad hoc knowledge of both laws. Then comparative law enters into play as the legal translator’s “fellow traveler”, whom it equips for the exchange. To realize it, “two intersecting receptions will suffice” (Carbonnier). This operation is successful when concepts and notions overlap and the letter of the law (the substance) and the law’s expression (the form) merge, demonstrating “the spirit of the laws”. Benchmarking is the way to reach this goal. It is conducted here under the light of jurilinguistics via the analysis of terms and concepts presenting various translation difficulties, which demonstrate the necessity of comparative law (I). A comparison of translations of the Napoleonic Code and other civil codes will complete the quest for the spirit of the laws by the way in which the letter or the spirit of the text to be translated is rendered (II). The lessons to be learned are aimed at language professionals, who will find in jurilinguistic comparative analysis a way to perfecting their work and, in the translations of the civil codes, a basis of reflection on the role and functions of translation.

Parole chiave

  • translation
  • law
  • comparative law
  • jurilinguistics
  • comparative analysis
Accesso libero

Intersystemic Legal Comparison and Interlingual Legal Translation Norway and Germany

Pubblicato online: 30 Dec 2019
Pagine: 63 - 84

Astratto

Abstract

This paper presents theoretical aspects of the intersystemic translation of legislative texts from Norwegian into German for informative purposes. When comparing legal systems, one differentiates between international, national and supranational legal systems. Since each legal system has its own conceptual system, the prevailing challenge in legal translation (studies) is how to reconcile different conceptual systems and their denominations in two different legal languages. Therefore, it is often argued that the ideal profile for a legal translator should consist of a combination of skills of both lawyers and linguists. In this vein, a case study on recent changes in Norwegian and German family law concerning motherhood/fatherhood is used to illustrate an interdisciplinary approach to translating central concepts from Norwegian into German.

Parole chiave

  • intersystemic legal comparison
  • interlingual legal translation
  • family law
  • case study
Accesso libero

Comparative Analysis of Translations Prepared by Students with and Without Legal Qualifications

Pubblicato online: 30 Dec 2019
Pagine: 85 - 115

Astratto

Abstract

In our paper, we present the results of the second phase of a study conducted in collaboration between two higher education institutions in Hungary with different types of translator training: a postgraduate (MA) course at the University of Szeged (SZTE), Faculty of Arts, and a postgraduate specialist training course at Pázmány Péter Catholic University, Budapest (PPKE JÁK), Faculty of Law and Political Sciences. At SZTE, students do not have any legal qualifications, while at PPKE JÁK, students are all qualified legal professionals. Our main research question was whether there are significant differences in the quality of legal translations carried out by students with and without legal qualifications. We analyzed and evaluated the global (holistic) quality of the translations using a five-point scale as suggested by Kiraly (1995: 83), and compared types of errors made by the two groups of students with the help of a special error typology. Our results show that students with legal qualifications perform better in terms of both global and analytic indicators, with significantly less errors made in information transfer and in legal register.

Parole chiave

  • legal translation
  • legal translator training
  • error typology
  • analytical analysis
  • global analysis
  • English
  • Hungarian
Accesso libero

Machine Translation in the Field of Law: A Study of the Translation of Italian Legal Texts into German

Pubblicato online: 30 Dec 2019
Pagine: 117 - 153

Astratto

Abstract

With the advent of the neural paradigm, machine translation has made another leap in quality. As a result, its use by trainee translators has increased considerably, which cannot be disregarded in translation pedagogy. However, since legal texts have features that pose major challenges to machine translation, the question arises as to what extent machine translation is now capable of translating legal texts or at least certain types of legal text into another legal language well enough so that the post-editing effort is limited, and, consequently, whether a targeted use in translation pedagogy can be considered. In order to answer this question, DeepL Translator, a machine translation system, and MateCat, a CAT system that integrates machine translation, were tested. The test, undertaken at different times and without specific translation memories, provided for the translation of several legal texts of different types utilising both systems, and was followed by systematisation of errors and evaluation of translation results. The evaluation was carried out according to the following criteria: 1) comprehensibility and meaningfulness of the target text; and 2) correspondence between source and target text in consideration of the specific translation situation. Overall, the results are considered insufficient to give post-editing of machine-translated legal texts a bigger place in translation pedagogy. As the evaluation of the correspondence between source and target text was fundamentally worse than with regard to the meaningfulness of the target text, translation pedagogy should respond by raising awareness about differences between machine translation output and human translation in this field, and by improving translation approach and strengthening legal expertise.

Parole chiave

  • neural machine translation
  • legal translation
  • translation pedagogy
4 Articoli
Accesso libero

Jurilinguistic Analysis in Translation, Comparative Law Practice. Translate the Letter or “The Spirit of the Laws”? The Case of the Code Napoléon

Pubblicato online: 30 Dec 2019
Pagine: 9 - 61

Astratto

Abstract

Translated texts sometimes reflect the targeted legal system’s conventional manner of writing law; however, the equivalence of the legal message must be realized. Translating law into another legal culture goes through a comparative analysis of the laws involved, the command of which is needed to achieve legal equivalence. The form of the target text must nevertheless correspond to its legal culture. Legal translation is then the meeting point of languages, cultures and laws. To succeed, this meeting must be based on an ad hoc knowledge of both laws. Then comparative law enters into play as the legal translator’s “fellow traveler”, whom it equips for the exchange. To realize it, “two intersecting receptions will suffice” (Carbonnier). This operation is successful when concepts and notions overlap and the letter of the law (the substance) and the law’s expression (the form) merge, demonstrating “the spirit of the laws”. Benchmarking is the way to reach this goal. It is conducted here under the light of jurilinguistics via the analysis of terms and concepts presenting various translation difficulties, which demonstrate the necessity of comparative law (I). A comparison of translations of the Napoleonic Code and other civil codes will complete the quest for the spirit of the laws by the way in which the letter or the spirit of the text to be translated is rendered (II). The lessons to be learned are aimed at language professionals, who will find in jurilinguistic comparative analysis a way to perfecting their work and, in the translations of the civil codes, a basis of reflection on the role and functions of translation.

Parole chiave

  • translation
  • law
  • comparative law
  • jurilinguistics
  • comparative analysis
Accesso libero

Intersystemic Legal Comparison and Interlingual Legal Translation Norway and Germany

Pubblicato online: 30 Dec 2019
Pagine: 63 - 84

Astratto

Abstract

This paper presents theoretical aspects of the intersystemic translation of legislative texts from Norwegian into German for informative purposes. When comparing legal systems, one differentiates between international, national and supranational legal systems. Since each legal system has its own conceptual system, the prevailing challenge in legal translation (studies) is how to reconcile different conceptual systems and their denominations in two different legal languages. Therefore, it is often argued that the ideal profile for a legal translator should consist of a combination of skills of both lawyers and linguists. In this vein, a case study on recent changes in Norwegian and German family law concerning motherhood/fatherhood is used to illustrate an interdisciplinary approach to translating central concepts from Norwegian into German.

Parole chiave

  • intersystemic legal comparison
  • interlingual legal translation
  • family law
  • case study
Accesso libero

Comparative Analysis of Translations Prepared by Students with and Without Legal Qualifications

Pubblicato online: 30 Dec 2019
Pagine: 85 - 115

Astratto

Abstract

In our paper, we present the results of the second phase of a study conducted in collaboration between two higher education institutions in Hungary with different types of translator training: a postgraduate (MA) course at the University of Szeged (SZTE), Faculty of Arts, and a postgraduate specialist training course at Pázmány Péter Catholic University, Budapest (PPKE JÁK), Faculty of Law and Political Sciences. At SZTE, students do not have any legal qualifications, while at PPKE JÁK, students are all qualified legal professionals. Our main research question was whether there are significant differences in the quality of legal translations carried out by students with and without legal qualifications. We analyzed and evaluated the global (holistic) quality of the translations using a five-point scale as suggested by Kiraly (1995: 83), and compared types of errors made by the two groups of students with the help of a special error typology. Our results show that students with legal qualifications perform better in terms of both global and analytic indicators, with significantly less errors made in information transfer and in legal register.

Parole chiave

  • legal translation
  • legal translator training
  • error typology
  • analytical analysis
  • global analysis
  • English
  • Hungarian
Accesso libero

Machine Translation in the Field of Law: A Study of the Translation of Italian Legal Texts into German

Pubblicato online: 30 Dec 2019
Pagine: 117 - 153

Astratto

Abstract

With the advent of the neural paradigm, machine translation has made another leap in quality. As a result, its use by trainee translators has increased considerably, which cannot be disregarded in translation pedagogy. However, since legal texts have features that pose major challenges to machine translation, the question arises as to what extent machine translation is now capable of translating legal texts or at least certain types of legal text into another legal language well enough so that the post-editing effort is limited, and, consequently, whether a targeted use in translation pedagogy can be considered. In order to answer this question, DeepL Translator, a machine translation system, and MateCat, a CAT system that integrates machine translation, were tested. The test, undertaken at different times and without specific translation memories, provided for the translation of several legal texts of different types utilising both systems, and was followed by systematisation of errors and evaluation of translation results. The evaluation was carried out according to the following criteria: 1) comprehensibility and meaningfulness of the target text; and 2) correspondence between source and target text in consideration of the specific translation situation. Overall, the results are considered insufficient to give post-editing of machine-translated legal texts a bigger place in translation pedagogy. As the evaluation of the correspondence between source and target text was fundamentally worse than with regard to the meaningfulness of the target text, translation pedagogy should respond by raising awareness about differences between machine translation output and human translation in this field, and by improving translation approach and strengthening legal expertise.

Parole chiave

  • neural machine translation
  • legal translation
  • translation pedagogy

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