Legal translation
Legal translation is the translation of texts in the field of law . Legal translations require not only language skills, but also knowledge of the legal systems. For an adequate transfer of legal information, the legal language must be particularly precise (see also: Legal terminology ). Legal translations are possible for all types of legal texts, especially for contracts or laws as well as for communication between authorities and courts etc. and are also used in the context of the training of lawyers at universities.
As part of international mutual legal assistance in criminal matters, there is a regular obligation under international law to attach translations to requests for mutual legal assistance. Article 6 (3) a) of the European Convention on Human Rights (right to a fair trial) grants the accused in criminal proceedings the right to have the allegations against him translated into a language he can understand.
Special features of legal translation
The specialty of technical communication in law and thus in the translation of legal texts can be traced back to the following points:
- prescriptive character,
- Transdisciplinarity,
- Addressee plurality,
- Plurality of independent communication contexts.
With regard to other forms of specialist translations, e.g. If, for example, technical translations or literary translations are used, legal translations have the least amount of freedom to reproduce the text faithfully. The translator must note that the structure, formulations and terminology of legal texts differ in different legal systems and find language constructions for the translated text that have functions similar to those in the source text. Special legal dictionaries are aids.
conditions
Since translation errors in legal texts can lead to damage or legal action, your translators should be appropriately trained and experienced in the field. In some EU member states , separate state approvals are required for this.
Demarcation
“A translator produces a written document by translating text from one language to another. A court translator needs to understand the basic concepts and terminology of not only the law but also the field in which it is applied. Legal translations are at the heart of multilingual communication as they enable individuals, businesses, judicial and government agencies to communicate with each other across different languages and cultures, within and beyond state borders. A legal translation requires knowledge of the technical terminology and the knowledge of the linguistic conventions used in the relevant documents. '"
Historical sources and translations
Sources that are particularly important in legal history, such as B. the Codex Hammurapi and others, e.g. B. Assyrian and Babylonian texts ( cuneiform texts ) are translated again and again and the previous translations are critically questioned. Roman law , which is important as the basis of continental European law , has been interpreted legally since the Middle Ages and is still a discipline in the training of lawyers at some universities today. In particular, the technically correct translation and the understanding of z. B. the corpus iuris civilis in the context of case solutions in the training of lawyers is sometimes still very important. Theodor Mommsen's translations and interpretations of Roman legal history are still regarded as outstanding by historians and lawyers .
Historically and politically important court cases, such as For example, the Nuremberg Trials still lead to scientific discussions and publications with regard to the legal translations carried out at that time in connection with the principle of the right to a fair trial .
literature
- Babette Knauer, " Articles of Association German - English: the peculiarities of English and German legal language and problems of legal translation using the example of a translation of a articles of association ", Berlin 2006, Hrsg .: Bundesverb. the interpreter and translator in the series: Schriften des BDÜ 23, ISBN 9783938430170
- Giovanna Borradori, " Translation in the right " / " Translation in law ", Münster 2000, Lit-Verlag, ISBN 3-8258-4862-0
- Gerard-René de Groot, Reiner Schulze (ed.) " Law and Translation ", Baden-Baden 1999, Nomos Verlag, ISBN 3-7890-5831-9
- Renata Kileva-Stamenova, “ The translation of public documents in Bulgarian and German ”, Sofija 2011, ISBN 978-954-07-3201-5
- Roland Mittermair, “ Translation: Squaring the circle? : The problem of French - German translation of technical texts of the jurisdiction exemplified by the Maastricht Treaty ”, Vienna 1996, Dipl.-Arb., 1996
- Judith Muráth (ed.), " Interdisciplinary aspects of translation and interpreting: Interdisciplinary aspects of translation and interpreting ", Fünfkirchen 2005, ISBN 978-3-7069-0387-5
- Mehmet Tahir Öncü, “ The legal translation in the field of tension between legal comparison and legal language comparison ”, “ on German and Turkish criminal law ”, Berlin 2012, Frank & Timme publishing house, ISBN 978-3-86596-424-3
- Kerstin Nanterre Peglow, " Traduction et explications de textes et de notions juridiques: droit des sociétés et droit civil allemands, droit communautaire = translation and explanation of legal texts and terms ", Paris 2009, University of Paris, series: Allemand juridique: langues et cultures juridiques et politiques 16
- Paul Ricoeur u. a., " Translation in Law ", Münster 2000, ISBN 3-8258-4862-0
- Ingrid Simonnæs, “ Legal communication nationally and internationally in the field of tension between hermeneutics, cognition and pragmatics ”, Berlin 2012, Verlag Frank & Timme, ISBN 978-3-86596-427-4
- Christine Schmidt-König, “ The problem of translating legal terminology: a systematic presentation using the example of German and French legal language ”, Münster 2006, ISBN 3-8258-8784-7
- Peter Sandrini (Ed.), " Translating legal texts - specialist communication in the field of tension between the legal system and language ", Tübingen 1999, G. Narr Verlag, ISBN 3-8233-5359-4
- Sieglinde Pommer, “ Legal translation and comparative law: translatological questions on interdisciplinarity ”, Frankfurt am Main / Vienna 2006, Lang Verlag, ISBN 3-631-54849-4
- Radegundis Stolze, “ Technical translation - a textbook for theory and practice ”, Berlin 2009, Frank & Timme Verlag, ISBN 978-3-86596-257-7
- Walter E. Weisflog, “ Comparative Law and Legal Translation: An Interdisciplinary Study ”, Zurich 1996, Schulthess Verlag, ISBN 3725535302
- Eva Wiesmann, " Legal translation and tools for translation ", " Scientific principles and computer-aided implementation of a lexicographical concept ", Mainz 2003, dissertation, ISBN 3-8233-6107-4
- Giuseppe Zaccharia (Ed.), " Translation in Law ", Münster 2000, Lit Verlag, ISBN 3-8258-4862-0
Web links
- VADEMECUM for the translation of legal texts (German) for the European Union of Court Interpreters (EULITA).
Individual evidence
- ↑ Cf. No. 14 of the guidelines for dealing with foreign countries in criminal matters (RiVASt) ( memento of the original from March 25, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ Peter Sandrini in " The translation between culture and communication: The special case of law ", in " Translating legal texts " p. 14, online .
- ↑ VADEMECUM for the translation of legal texts ( Memento of the original from June 21, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (German) of the European Association of Court Interpreters (EULITA).
- ↑ Quote from the European e-Justice Portal .
- ↑ See e.g. E.g. Patrick Herz, One Trial - Four Languages , Translation and Interpreting in the Trial of the Major War Criminals before the International Military Tribunal in Nuremberg, November 20, 1945 - October 1, 1946 , Frankfurt am Main [u. a.] 2011, Lang Verlag, ISBN 978-3-631-61720-5 .
