Documenti di Didattica
Documenti di Professioni
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A paper Submitted by
Jan. 2005
Contents
Headings
Page
(1 2)
(2 4)
(2 3)
(3 4)
3
(3 4)
(4 5)
(5 7)
(7 9)
(10 12)
(12 15)
(15 17)
(17 18)
1.9 Conclusions
19
Notes
20
Appendices
(21 -38)
References
(39 40)
Abstract
The present paper is concerned with suggesting a model for
assessing the translation of legal texts. To achieve this aim, a
theoretical survey of the various positions held on the concept of
register has been made to find out which position is better to
adopt. Then, the distinctive features of the English legal register
have been outlined. These features have formed the bases on
which the model under consideration has been constructed. The
features can be grouped into three main classes: the layout, the
syntactic and the semantic features. To find out whether or not
the translator of legal texts succeeded in choosing the suitable
translation method, a brief review of the classification of legal
texts (as categorized by translation theory specialists) has been
done. Moreover, two untranslated Arabic texts have been
considered to uncover the influence, if any, of the target
language (TL) legal texts on the translation of the
source
some
layout
and
semantic
features
(e.g.,
10
and
Shunnaq
(1999:
157)
propose
four
11
fully aware of these codes and give them utmost care while
he is translating.
Having introduced the salient features of LR (cf 1.1, 1.2 and
1.3), the researcher has become in a position to put forward the
model for assessment:
12
Initial capitalization
Paragraphing (to signal key
propositions)
Indentation
The
layout
features
Italicizing
Underlining
boldtyping
The semantic
features
13
connotative) senses.
metaphorical
uses
are
(e.g.,
of
"overcoming
14
has
exhibited
preference
to
nominals
e.g.,
15
16
, and
is
).
17
translated
are present in the TT: no need for sentence linkage and high
frequency of nominals (e.g.,
). Non finites in the ST are translated as finites in the TT
(e.g.,
).
).
18
" and
used denotatively.
19
denotative
equivalents.
However,
some
metaphorical
20
-14
(App. E)
- 220
....
21
(app. D) ...
(app. E)
-223
...
(app. D)
11
- 227
(app. D)
- 229
22
1.9 Conclusions
On the basis of the comparison of the STs and the TTs ,
some findings have been drawn. First, it is not necessary for any
legal text to involve all the layout features suggested in the
model (cf 1.4). Second, the TL is able enough to embrace all the
syntactic features of the LR in the original (e.g., no sentence
linkage, high frequency of nominals etc). However, to render
English non finites into Arabic finites is a failure attributed to
the translator, not to the TL. This inadequacy may be due to the
influence of the Arabic legal register (cf 1.8) where the latter
shows preference to finites. Third, lexical units in the originals
and the TTs are typically used in their denotative senses. Fourth,
some layout features have not be equivalently tendered (e.g.,
italicizing, boldtyping). And fifth, ELTs show tendency to
involve archaisms whereas ALTs do not do so.
23
Notes
1- Discourse, variety and register are in free variation in the
present paper.
2- Sentences, and statements are alternatively used here.
3- As in Issa (1997: 40f), webester (1989: 83) defines
archaism as "ancient word or idiom; an antiquity of style or
use; the survival of something from the past. "Among
archaisms are compound words consisting of an adverbial
place to which a preposition like word has been suffixed
(e.g., hereto, thereafter, hereon, hereunder, herein, thereof
etc). The archaisms nearly always seem to add a touch of
formality.
4- Thanks are due to Mr. Alaa Jaber al Musawi (a Ph.D
student
in
Arabic
Department,
college
of
Arts
24
Appendix "A"
Preamble
The Government of the Hashemite Kingdom of Jordan and
the Government of the Sate of Israel: 3
Bearing in mind the Washington Declaration, signed by them
on 25th July, 1994, and which they are both committed to honor.
Aiming at the achievement of a just, lasting and comprehensive
peace in the Middle East based on Security Council resolutions
242 and 338 in all their aspects;
Bearing in mind the importance of maintaining and
strengthening peace based on freedom, equality , justice and
respect for fundamental human rights, thereby overcoming
psychological barriers and promoting human dignity;
Reaffirming their faith in the purposes and principles of the
Charter of the United Nations and recognizing their right and
obligation to live in peace with each other as well as with all
states, within secure and recognized boundaries;
Desiring to develop friendly relations and cooperation between
them in accordance with the principles of international law
governing international relations in time of peace;
Desiring as well to ensure lasting security for both their States
and in particular to avoid threats and the use of force between
them;
Bearing in mind that in their Washington Declaration of 25th
July, 1994, they declared the termination of the state of
belligerency between them;
Deciding to establish peace between them in accordance with
this Treaty of peace;
25
:
:
:
:
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26
Appendix "B"
UN Resolution 242
Full Text as Dictated by the UN Security Council
Resolution No. 242 (1967)
Stating the principles of a Just and Lasting Peace in the
Middle East.
ii.
27
guaranteeing
freedom
of
navigation
through
28
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:
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:
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29
Appendix "C"
S
Disir GENERAL
S/RES/955 (1994)
8 November 1994
2.
3.
30
4.
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31
Appendix "D"
)
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38
Appendix "E"
39
.(
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42
References
Bell, R. (1976) Sociolinguistics: Goals, Approaches and
Problems. London: Bastford LTD.
Bhatia, V.K. (1997) "Translating Legal Genres" In Trosborg, A,
(ed.) Text Typology and Translation. Amsterdam: Jhon
Benjamins Publishing House . PP. 203 214.
Cahia, P. (1973) A Dictionary of Arabic Grammatical Terms.
London: Longman.
Crystal, D. and Davy, D. (1969) Investigating English Style.
London: Longman.
--------------- (1997) A Dictionary of Linguistics and Phonetics. 4
th ed. Oxford: Blackwell.
Halliday, M.A.K. (1978) Language as a Social Semiotic.
London: Edward Arnold.
Hatim, B. and Mason, I. (1990) Discourse and the Translator.
London: Longman.
Issa, A. J. R. (1997) "Translating English Legal Texts into
Arabic: Contracts as a Case Study" Unpublished M.A
Thesis. Al Mustansiriyh University.
Mohammed, F. and Shunnaq, A. (1999) Translation with
Reference to English and Arabic: A Practical Guide. Irbid:
Dar Al Hilal for Translation.
Newmark, P. (1988) A Textbook of Translation. Exter: Prentice
Hall.
43
---------------
(1991)
About
Translation.
Philadelphia:
English Data
A United Nations Resolution No. 242 issued in 1967.
(in
Arabic Data
.
)
(
.
44
)
: