On the Features and Translation--Of Legal English讲解

1、On the Features and Translation -Of Legal EnglishSchool: Heilongjiang University Grade: 2011 Major: Business English Student Name: Student ID: Advisor: Heilongjiang UniversityApril 27, 2015Abstract China has joined WTO in 2005, Chinese economic develops rapidly. Chinese enterprises have tried to see

2、k business chances abroad. Either come in or go out, one common problem all these enterprises facing is the legal issue they have been involved in. Legal language is strict, clear, standard, formal and avoid of ambiguity, which is different from the translation of literary language and daily express

3、ions. Legal translation is a kind of language activity that is full of logicality, which is professional and has its own grammatical features.As the limitation of the words and the selected suitable materials in the major classification, this thesis just mainly covers the features and translation in

4、 legal English, and analysis them by selecting some legal English clauses. I hope to provide useful help to interested people.Key Words Legal English translation; legal translation strategy; legal translation principle;syntactic features; lexical features摘要2005年中国加入WTO以后，经济飞速发展。中国企业已经把商业契机发展到国外，无论是走

5、出去还是走进来，所有的企业都将面临一个共有的问题，就是外贸交易中涉及的法律问题。法律英语翻译不同于文学语言和日常表达的翻译，它是严谨、标准和无歧义的。法律翻译是具有逻辑内容的语言活动，法律用语是专业性的，有自身语法特征的。本文从法律英语的语法特点和句式特点上论述了法律翻译的特点和法律翻译的原则及策略。由于论文字数的限制，以及专业性细方向的选材，故本文仅就法律英语的特点和翻译进行相关描述，并通过法律条款进行举例解析。望对有意者提供些许帮助。 关键词法律英语翻译；法律翻译策略；法律翻译原则；句法特点；词汇特点ContentsAbstract.I摘要II1. Lexical Features of

6、Legal English41.1 Legal Jargon41.2 Common Words With the Legal Meanings41.3 Archaic Words41.4 Loan Words52. Syntactic Features of Legal English52.1 Passive Sentencess52.2 Complete Sentencess52.3Nominalization Structure53. Principles of Legal Translation63.1 Accuracy63.2 Conciseness73.3 Coherence73.4

7、 Formalization84. Translation Strategies of Legal English94.1 Application94.2 Omission104.3 Sequence114.4 Extension114.5 Transformation.12 4.6 Division.12 4.7 Transferred Negation.13Conclusion.13References.14Acknowledgements.15Legal language has its own lexical features, and these features are theor

8、ies that are formed in the long legal translation practice. Legal writings belong to official document. Every legal writing, whether English or Chinese , which has its own feature in diction and sentence structure. The legal language is a unique system, it require precise diction, formal, clear and

9、many professional words. As a kind of professional English, legal English is the application type and functional English. Along with the deepening of reform and opening-up, international trade exchanges are increasingly widespread, and the need of the law to be translated is demanding strongly. Due

10、to the differences of legal culture and jurisdiction clause, it is unavoidable that there are ambiguities or conflicts in the cooperation process between China and foreign countries. Therefore, it is necessary to have professional legal translation. Legal translation in this paper only refers to tra

11、nslation of legally binding texts in written form.1 Lexical Features of Legal English Legal language includes legal sentence, litigious language, legal terms and so on. The same as other social language, legal language is another conversion of language functions which has its special usage and own r

12、egulation in the long time of usage. Legal English has four lexical features, which are legal jargon, common words with the legal meaning, archaic words and loan words.1 1.1 Legal jargonAny business or profession built in the unique knowledge and ability can develop a kind of discourse system, which

13、 refers to “jargon”. On one hand, jargon makes sure the correction of communication in the internal industry. On the other hand, it is a symbol, and this symbol can stimulate the curiousness and respect of laity. Some common legal jargon are following:Alter ego (他我,另一个自我)Clean hands (清白)On all fours

14、 (完全一致)Pierce the corporate veil (刺破公司面纱)Hung jury (意见分歧的陪审团）Day in court (出庭日)Cause of action (诉因，案由)Accessory (帮凶，从犯)Alleged (被指称、被指控的)Due care (应有的谨慎)Due process of law (法律应当程序) 1.2 Common words with the legal meanings Some words people know well have specific legal concept in legal English: “Ali

15、en” means a person who comes from a foreign country, but in legal language it refers to “to transfer property to another”, and its Chinese meaning is “转让”;“assigns” refers to “give an assignment to (a person) to a post, or assign a task to (a person) in the common language, but in the legal English

16、it means “a person to whom a right or property is assigned”, and it is translated into “受让人”; “bill” is a written statement of money that you owe for goods or services, but in the legal English refers to “draft law” and be translated into“法案”;“brief” is a condensed written summary or abstract, but i

17、n legal English it means a written statement submitted to a court, and Chinese is “辩护状”; “damages” means “the compensation sought for a loss”, so in the legal translation it refers to “赔偿金” in Chinese; “show” is the act of publicly exhibiting or entertaining in the common meaning, but in legal Engli

18、sh it is “to make clear for evidence”, so it should be translated into “证明”. 1.3 Archaic Words Another feature of legal English words is that it often make use of archaic words. Some archaic words have not been used in the modern English, but in the legal writings or formal judicial situation, they

19、are still applied.(1) here: “hereafter” means “after this is the contract” 在（此）下文 “herebefore” is “until this writing(now)” 在（此）上文 “hereby” refers to “in accordance with; by means of; by reason of “ 特此 “herein” means “in this writing” 在（于）本 “hereinbefore” is“before/until and including this writing”在

20、此上文 “hereinafter” means “later and including.in the same contract在此下文 “hereof” refers to “of this writing” 对此；于此 “hereto” is “about this.; to this.” 关于；至此(2)there: “thereafter” means“after/since that” 在（所指）以下 “thereby” is “by that point/means; by that”（所指）因此 “therefrom” refers to “from that point to

21、.” 自（所指） “therein” is “to the point referred” 关于（所指）(3)where: “whereas”is“considering/concerning that” 根据，鉴于 “whereby” has the meaning of “in accordance with/by what”根据，按照 “wherein” refers to “in (terms and conditions)” 在（所指）之中 “whereof” means “of/about the point noted” 关于那（一项） 1.4 Loan Words One fe

22、ature of legal English words is to use loanwords, and which are lots of introductions of French and Latin. Latin has a authority position in the legal language. Many Latin legal mottoes and terms reflect the values of the law. “Per se” refers to “by itself”(自身); “Pro rata” is“in proporation”(按比例计);

23、“Quorum” means “of whom”(法定人数); “Stare decisis” expresses the meaning of “to stand by the decided matters”(服从前例); “Ultra vires” should be translated into “beyond the power”(越权行为); “Versus” refers to “against”(诉；对).22 Syntactic Features of Legal English 2.1 Passive sentencesThe passive sentences alwa

24、ys appear in English translation writings of legal documents. It is mainly used to specify actors rights and obligations. In the legal documents, the use of passive sentences pays attention to action itself, and emphasis on the das patiens but not the executors, and what it describes is the objectiv

25、e fact. At the same time, the passive sentences also show the writings of fairness, objectiveness and seriousness of legal English.The following paragraph is an example of the use of passive sentences in legal English: Representatives and direct taxes shall be apportioned among the several states wh

26、ich may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other Persons. (The constitution of the Un

27、ited States of America, Article , Section 2) 3 2.2 Complete sentences Complete sentences concludes object and predicate. In order to make sure the correct meaning and be avoid of divergence, the elliptical sentences are usually not used in the legal writings. 2.3 Nominalization structure Nominalizat

28、ion structure in the legal articles can make the writings clear and simple, and it is more objective and accurate.Example : The obligations under Article 3 and 4 do not apply to procedures provided in multilateral agreements concluded under the auspices of WIPO relating to the acquisition or mainten

29、ance of intellectual property rights.3 Principles of Legal Translation The law is different from mathematics, physics, chemistry and other sciences. First of all, the law is a kind of science which is closely connected to national concept. It has different forms in the different countries. The princ

30、iple of translation is the regulation that must be followed in the process of translation, which measures the result of translation.The translation should give a complete transcript of the ideas of the original work. That the style and manner of writing should have the same character with the origin

31、al. Translation is a kind of work that contains legal transfer and language transfer. Legal translation has differences with other types of writing, and different kinds of writing has their own emphasis, but all the translation of writings do not break away from the principles of “faith” and “cohere

32、nce”. According to the practice of legal translation, we can conclude that the four basic principles of legal translation, and they are accurate and strict, clear and concise, consistent and coherent, and standard and formal.4 3.1 Accuracy Legal is enacted by the national legislation institution on

33、the basis of legislative procedure, and the national regime ensures the regulation of execution. As the carrier of legal form of expression and legal information, language must express the social function. The legal seriousness decides the legal language that must be clear and concise. Legal documen

34、ts require that the language is accurate ,so the translation of legal documents does. Accurateness is the fundamental of legal translation, and it is a vital character of legal translation which differs from other translations, and legal translation needs to be loyal to original. Example : Clause：Co

35、ntractor shall assume full responsibility for the entire project work until its acceptance.Translation: 项目接受之前，承包方应对工程承担全部责任。When we translate this sentence into Chinese, it is not accurate to translate “acceptance” into “接收”, and should be translated into “验收”, which means the finished project must

36、 be examined, and the quality of project must be up to the requirement of contract.Example :Clause : 如果买方对品质有异议，可以再货到目的地口岸或收货后30天内向卖方提出索赔。Translation: In case the Buyers have disputes over the quality of the goods, the Buyers may, within 30 days after they arrive at the destination port or delivery

37、of goods, file a claim against the Sellers.In this clause, “收货” can not be simply translated into “delivery”. In the English, “delivery” refers to “carrying” or “shipping”, so “收货” should be “take delivery”.Accurateness and strictness are basic features of legal translation. Legal document should cl

38、arify the relationship between right and obligation, in order to assert legal dignity, legal translation should be avoid of dispute settlement caused by semantic discrimination. 3.2 Conciseness National legal language usually are formal and normative language. It is the most basic requirement that w

39、e should use the clear and concise words to express legal concept. If we do not translate the legal article clearly, not only these articles can not be executed, but also can cause a trap. The clearness and conciseness of legal translation reflect on these two aspects: concise words and sentences.(1

40、) Using clear and concise wordsExample : The remainder of the testators property should be divided equally between all of our nephews and nieces on my wifes side and my niece.This is a real property dispute in the Supreme Court of Arkansas.The person made a will only has one niece, but his wife, has

41、 22 nieces. Among these 23 persons, are they equal or “one divides into two” for property ? According to the verdict of Arkansas Supreme Court, half of the testament had be verdict for husband niece. However, if the original text can be described more clear and concise, change into “The remainder of

42、 the testators property should be divided equally between all of our nephews and nieces on my wifes side as one party and my niece as another.”, maybe this lawsuit could not happened. (2) Using clear and concise sentencesExample : Producers of toxic chemicals have the following options: (1) require

43、purchasers to assume responsibility for subsequent spills, (2) deposit money in a damages escrow fund, (3) terminate production, or (4) post a conspicuous disclaimer of liability on every container.Translation:有毒化学品的生产者具有下列选择：（1）要求买方承担由泄漏而造成的责任；（2）加纳赔偿保证金；（3）停止生产；（4）贴明细的免责标签于每只集装箱上。In this article,

44、there are four alternative options that are expressed with figures, and each of them uses verbal phrase and parallel structure. It conveys clear contents, and the translation also keeps the same structure.Clearness and conciseness are principles of legal translation. Translators can use the flexible

45、 methods to express the meaning, so they can transfer the information accurately. 3.3 Coherence Consistency and coherence refer to use the same legal terms to express the same legal concept in the legal translation. Those synonyms look same in legal translation, but we should clearly know that they

46、are not synonymous terms, and we should try our best to distinguish them in semantics, and use the exact words to express them.Like “agreement”, it can be translated into “协定” and “协议”. This inconsistent translation in a set of legal documents get drastically correction in The Uruguay round of multi

47、lateral trade negotiations, published in 2000. As the noun in the legal documents, “Agreement” should be translated into “协定”. Example : 保税区的减免税货物、保税货物的监管手续费，应当按照中华人民共和国海关对进口免税、免税和保税货物征收海关监管手续费的办法处理。Translation: The Customs supervising fees on the import goods with duty reduction and exemption and t

48、hat on the goods in bond shall be collected in accordance with the Customs Regulations of the Peoples Republic of China Governing the Collection of Customs Supervising Fees on Import Goods Granted with Duty Reduction or Exemption an the Bond Goods.According to making a study to the English translati

49、on, we can find that “goods in bond ” and “ Bonded Goods” all refer to “保税货物”. This violate the front-to-back inconsistent principle in legal translation.In the wording of legal text, whether in the original writing or translation, words and sentences patterns have a very high repetition rate. If it

50、 is absent of coherence in the translation of legal document, the legal concept will be confused, and also it will affect legal accurateness. 3.4 Formalization Original language and target language have the equal effect in legal. Target language should express the true meaning of the original langua

51、ge. Professional terms are the most important element in legal English, in order to reach the “legal language normalization”, the translators must translate legal professional terms accurately.Example : 中华人民共和国公民有有依照法律纳税的义务。Translation: It is the duty of citizens of the Peoples Republic of China to

52、pay taxes in accordance with the law.Example :Both husband and wife have the duty to practice family planning.Translation:夫妻双方均有实行计划生育的义务。Example :中华人民共和国公民有受教育的权利和义务。Translation:Citizens and Peoples Republic of China have the duty as well as the right to receive education.Like those formal language

53、, in Chinese they are “（享）有.权利”, “有权.”, “可以”; in English they are “have the right to.”, “enjoy rights of.”, “be entitled to.”,”may” and so on.Above of all, formal language principle mainly request the translators use official recognized formal language and written language in legal translation, and

54、be avoid of using dialect and slang. Although in the translation and draft, there are many regulations, such as the passive, borrowed words, repeat words, abbreviation and so on, but the translators must make a use of formal legal English, especially the words in the executing law have a obvious lim

55、it, and reach to legal language.4. Translation Strategies of Legal English 4.1 ApplicationIn the process of English translation, in order to be faithful to the original, we need to express the original context better, some sentences need to be translated one word by one word. But because of the differences between these two languag