Content: introduction. I. Chapter. Legal texts
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LEGAL TRANSLETION
CONCLUSIONS
Through this work, straddling, like its subject, between the legal and the linguistic world, we tried to shed lights on the appropriate approach one should have to legal translation in order to overstep the traps it sets out. We saw how it does represent a struggle for the legal translator, who finds himself facing one of the most delicate and tricky translation- and law-related issues, but most of all we saw why it is so, and which are the strategies to adopt in order to overcome these innumerable difficulties. We started analysing the tangible side of the story, what we see, read, hear, study and what we are, at the end of the day, bound from: legal texts. We went through its main features and the different typologies we may deal with, looking at their specificities: international agreements, national legislations and private legal documents. Despite all differences in drafting strategies, we agreed on the fact that the most important and the first thing to establish before starting a translation is its function, i.e. whether the result of the translation process is going to be an authentic and authoritative version of the original (prescriptive function) or not (informative function). In the first case the translation will be nothing but law, aiming to the same purposes and producing the same legal effects, and as a consequence the source text will cease of being of any value for the receiver of the new one. If the translation has a prescriptive, i.e. normative, purpose, the attention the translator should pay is extremely high due to the legal consequences the application of that document will have. The distinction between authoritative and non-authoritative texts is important especially when coming to interpretation and in particular when doubts about 10 Direzione Generale Dell’interpretazione, Interpretare e tradurre per l’Europa, Ufficio Pubblicazioni dell’Unione Europea, Lussemburgo COSMAI D. (2004), 31 interpretation arise. Only 154 the language versions that have been officially declared authentic, usually by means of a language clause, can be consulted in order to ascertain the intended meaning the legislator had in mind when drafting that text. The translator may have a role in this phase since it may be referred to, if the uncertainties may derive from translation. This introduces us to another topic of this work, namely the role of the legal translators, which could be reduced to a role of intermediate between conceiver and receiver of the legal texts, but that actually goes well beyond that. The translator is indeed more a second producer of the legal text since, as already said, the outcome will be a new text, independent from the original and the one and only that will produce legal effects for its addressee. The responsibility of the translator, towards both the source and the target text, is non-negligible and leads us to question whether maybe, more than a pure translator, he/she should be a legal expert able to evaluate and understand precisely the implications and potential consequences of the text. We came to the conclusion a legal expert, even if bilingual in the best hypothesis, would lack of the linguistic/translational competences, necessary to attain an accurate clone of the original language version, and that therefore, the optimal solution would be a mutual cooperation between the two, if not a person equally skilled in both disciplines. After having dealt with theoretical aspects of legal translation in general and in particular its being system and language bound, multidisciplinary and influenced by context and function, we came to the heart of the matter, that is to say the challenges and problems legal translation poses to the person in charge of it, which derive from the nature itself of the discipline, with both law and language posing limits to his/her work. On top of that, as a result of the union of two disciplines it seems to have inherited the weaker and 155 defective genes of both, doubling the problems and the ties law and language set out when kept separate. So first of all we went through the expression of all these difficulties: legal language, stressing out the fact it is a language for special purpose and that, to make things more complicated, resembles the ordinary one, potentially posing problems 32 of ambiguity. We questioned ourselves on whether it should be considered a full- fledged language or just a branch of the ordinary one, but after analysing both hypothesis we concluded it may be considered a language on its own, responding to Download 294.15 Kb. Do'stlaringiz bilan baham: |
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