Translation Studies Handbook

MA Legal Translation
Applied Translation Theory

Theory sessions are taught progressively, building up the knowledge
needed for source text analysis, identification of translation problems,
understanding of translation procedures, the role of the brief and overall
translation method (or strategy), and evaluation of translation solutions.
Our translation theory sessions focus on applied theory, aimed at
providing tools to support the decision making processes of the
professional translator.
This involves an understanding of the translation process with its
different phases and reflection on translation practice at a micro-level.
This means that translation is broken down into its individual steps (such
as decoding, identification of problems, description of problems,
identification of possible procedures, and evaluation of solutions).
If you have translation experience and are used to making intuitive or
practice-based decisions, you may find this frustrating because it forces
you to break down holistic practice into analytical steps.
This breaking down, analysing in detail and reflection on appropriate
practice is not the final aim of how we see translation. It is part of the
process of professionalising and systematising the process of translation
to produce translation professionals who understand and can argue which
decisions they have taken and why.
Experienced translators will carry out the individual steps which we focus
on in the modules automatically and will often not even be aware what it
is they are doing. You can compare the way we teach translation theory to
how you learn driving: in the lessons, and at the beginning, you are
conscious of every single step as an experienced driver, you do not even
think about the sequence of steps involved in starting a car and driving.
Translation theory is taught consecutively building up from module 1 to
module 8.
Full time students and part time students have a slightly different
sequence in which the different legal aspects are taught. But despite this,
the translation theory will always follow the module 1 8 pattern in
terms of its actual chronological sequence.
The booklet is laid out by chronological module number 1 8 (NOT
module code LAM011, LAM012, etc). Here is an overview of the
chronological module sequences for full time and part time students (year
1 and year 2).

FULL TIME PART TIME YEAR ONE

PART TIME YEAR 2

SEPTEMBER 2010
M1: LAM010
1-4 September 10
Principles and Practice of Legal
Translation
M1: LAM010
1-4 September 2010
Principles and Practice of Legal
Translation

M5: LAM014
8-11 September 2010
Company Law Key Principles
and Translation
M2: LAM041
15-18 September 2011
Translation for Litigation

DECEMBER 2010
M3: LAM042
1-4 December 2010
Terminology and Translation of
Contracts
M2: LAM011
1-4 December 2010
Terminology and Translation of
Contracts

M4: LAM043
8-11 December 2010
Commercial Law Key
Principles and Translation
M6: LAM015
8-11 December 2010
Commercial Law Key
Principles and Translation
EASTER 2011
M5: LAM044
30 March 2 April 2011
Company Law- Key Principles
and Translation
M3: LAM040
30 March 2 April 2011
Company Law: Key Principles
and Translation

M6: LAM016
6-9 April 2011
EU: Legal Principles and
Translation
M7: LAM016
6-9 -April 2011
EU Legal Principles and
Translation
JUNE 2011
M7: LAM045
8-11 June 2011
Key Legal Principles and
Translation of Property
Documentation
M4: LAM013
8-11 June 2011
Key Legal Principles and
Translation of Property
Documentation

M8: LAM017
15-18 June 2011
Financial Legal Translation
M8: LAM017
15-18 June 2011
Financial Legal Translation
LAM018
Dissertation
December 2010 October 2011
LAM018
Dissertation
September 2010 October
2011

Table of contents

Module 1 1. Translation and legal translation how does theory
help?
2. Word meaning
3. Terminology research

Module 2 1. Translation process, brief and method
2. Translation procedures
3. Annotations

Module 3 1. Register
2. Discontinuous syntax

Module 4 1. Dissertation briefing 1
2. Cohesion

Module 5 1. Commentary writing & source text analysis
2. Dissertation workshop 1: Research proposal /
ST Research & Documentation

Module 6 1. Theme rheme
2. Dissertation workshop 2: research methodologies and
skills

Module 7 1. Dissertation workshop 3
a) literature review (option A)
b) pre-translation analysis (option B)

Module 8 1. Dissertation workshop 4
a) statistics, evaluation of data and analysis
(option A)
b) Q&A on writing the commentary;
constructing an argument, writing style,
referencing (option B)

Module 1

Translation and legal translation how does theory help?
x ppt lecture notes

Reading:
Baker, Mona (1992) In other words, A coursebook on translation, London: Routledge
Chesterman, Andrew (1997) The memes of translation, Amsterdam: John Benjamins
Chesterman, Andrew and Emma Wagner (2002) Can theory help translators? A dialogue
beween the Ivory Tower and the Wordface, Manchester: St Jerome
Newmark, Peter (1988) A textbook of translation, Hemel Hempstead: Prentice Hall

Wor d meani ng
x ppt lecture notes
x answers to word meaning exercise

Reading:
Baker, M., In other words (London: Routledge, 1992), pp. 10-44 and p. 48

Termi nology research
x ppt lecture notes
x example terminology entry form

Reading:
Cabr, Teresa, Terminology; Theory, methods and applications (Amsterdam:
John Benjamins, 1998)
Ch. 2, pp.33-8, 40-5, 48
Ch. 3, pp.86-7, 95, 104
Ch. 4
Austermhl, Frank, Electronic translation tools for translators (Manchester: St.
Jerome, 2001)
pp. 52-67

Termi nology wor kshop
x terminology entry form worksheet
x text for terminology workshop
x examples of completed entry forms

1
Translation theory
Does it help?
Emma Wagner (DGT)
There can be few professions
with such a yawning gap
between theory and practice.
(Chesterman and Wagner 2002:1)
Criticism of translation theory
Irrelevant to the problems encountered by
professional translators
Each problem is unique generalisations
do not work
Theory is too complex and concepts are
incomprehensible
'TransIation Studies' - aims
concerned with the problems raised by
the production and the
description of translations
goal of TS:
produce a comprehensive theory which
can also be used as a guideline for the
production of translations
4
Translation as a discipline
Practice of translation not new
Only systematically approached as
academic discipline in its own right in 20C
Before then part of language learning
(grammar-translation approach or
comparative literary studies)
Translation as method for writers to hone
their writing skills
5
Early theorising
no systematic theory but translators
stating their principles
'theoretical' writings are prescriptive
criteria for judgement vague and
subjective
central concepts:
fidelity/faithfulness
spirit (of the original)
genius (of the author)
truth
6
2
Traditional notions of translation
Hierarchical relationship between original
and translation
Translation derivative, a copy of the
original
'les belles infideles'
Faithful to the original but 'ugly' in translation
Beautiful translation but betrays original
Modesty & mastery in
translation
2 historically different practices
Translator
masters the original
improves on the original
Translator
subservient to original author and text
apologetic for shortcomings of the translation
The role of the translator
Mouthpiece for
original text
No creative input into
target text
Translation is
reproduction
Loyalty or faithfulness
to the original's author
ST oriented
Translation creative
work
Translator re-writes or
re-creates target text
Translation is creative
Loyalty to the reader
TT oriented
20C - Linguistic approaches
Attempts to
systematise translation
theorise translation scientifically
establish translation as a discipline
Scientific approach
Differences in systematic structure and
elements of languages
Practical approach; translation procedures
Source text oriented
10
Linguistic approach & equivalence
SL unit is replaced by equivalent TL unit
basic premise of equivalence across linguistic systems: that
which is written in one language can and must be reproduced
intact in the second language
translation unit can be at level of
word
sentence
paragraph
text
Main proponents of linguistic approach:
Jakobson, Catford, Viney & Darbelnet, Nida
11
Equivalent effect
Dynamic vs formal equivalence
Equivalence in meaning (of words in
different languages)
Equivalent effect:
achieve the same effect on TTR (by different
formal, linguistic means) as the ST
brings in notion of the function of the text, aware
of the needs of the target reader
focus on how languages differ and how
translators develop strategies for translating
12
3
Functional approaches
place the emphasis on the translator's
objective and the designated reader, rather
than on any notion of sameness between
languages.
Focus on the text:
what text type and form
determines translation method chosen
13
Functional approaches - 2
Translational action (who is involved in the
translation process?)
The translator tries to make the TL function
the same way the SL functioned for the ST
readers
Focus on language functions such as:
To inform; To question; To command; To deny; To
emphasize; To sequence narration of events, etc
render these in TL-naturalised way
14
Skopos theory
What role does the target text play?
Purpose (or need of target reader)
determines translation method
Not so much concerned with linguistic
features
Target reader oriented
15
Text-linguistic approaches
Register and discourse based
Analyses whole text and context
(sociocultural context)
Translation assessment
Pragmatic features (what language used
to achieve what goal?)
16
Systems and norms
Texts are part of a (literary) system which
is made up of a number of sub-systems
Translation involves inserting a text into a
new (target) system
Has to conform to norms of receiving
culture investigate the ways translations
operate to adapt to this
17
Goals of translation theory
1. To describe what translators do, what
strategies they use and what roles they play,
under given linguistic and socio-cultural
conditions
2. To explain why they do this, what norms they
follow, what values underlie these norms; and
3. To assess the effects of translatorial actions,
on readers and also on cultures and
intercultural relations more widely
(Chesterman, 1997:48)
4
Relevance for translation?
Reflection
Systematisation of solutions
Transparency of what kind of solution relevant
when
Understanding of ST and TT (purpose)
Sensitise to problems
Understand translation process
Be clear about brief and choice of translation
method
Translation theory as a toolkit
Role of the translator as an actor
Translation as a process with distinct
phases and participants
Framework for choice of translation
method
Criteria for choice of strategies and
procedures in translating
Classification of translation problems
Translational action model
Agents / roles in translation process:
Initiator
commissioner
ST producer
TT producer
TT user
TT receiver
Produce a TT which is functionally
communicative for TT receiver
Form and genre of TT must adapt to TC
conventions
Stages in the translation
process
1. Analysis of the brief
2. Source text analysis
_________________________________
3. Transfer
_________________________________
4. Restructuring
5. Revision and proof-reading
Analysis of the brief
Establishing the purpose of the translation
Who commissioned it
For which readership
What is their knowledge
Determines choice of translation method
(source text or target reader oriented)
Determines choice of translation
procedures
Choice of translation method
Links between pre-translation analysis and
transfer proper
Initial decision: What kind of TT am I going to
produce?
Is the translation going to be source text oriented or
target text oriented?
i.e.is the TT going to read naturally and use TL
conventions and idiom or is it going to protect the
'foreignness' of the ST, try and give a flavour of the
ST
Based on the brief
5
Source text analysis
Reading & understanding of the source
text
Prepare the text for translation by:
Identifying intratextual and extratextual
features of the SLT that have influenced
production of the source text and which will be
crucial in the transfer of the text into the target
language
influences decisions and choices made
during transfer
Extra-linguistic / contextual
factors
The source-text producer
The source of publication
Intention of the SLT writer
The function of the text
The register of the SLT
The reader of the SLT
The jurisdiction
The domain
Linguistic/ Textual features
Text-type and genre
Register
Style
Structure of the text
Cohesive devices
The structure of sentences
Use of collocations, metaphors and idioms
Tense
Terminology and general vocabulary
Translation problems and
procedures
Most useful classification:
at word level: terminology; collocations; idioms
and figurative language; non-standard usage
at sentence level: syntax; grammatical
constructions; punctuation (this can be also at
text level);
at text level: cohesion; coherence; style; register
(nb register is commonly used to denote the
relationship between the writer and the reader
style relates to the particular style of the text in
question .)
References
Baker, Mona (1992) In other words, A
coursebook on translation, London:
Routledge
Chesterman, Andrew (1997) The memes of
translation, Amsterdam: John Benjamins
Chesterman, Andrew and Emma Wagner (2002)
Can theory help translators? A dialogue beween
the Ivory Tower and the Wordface, Manchester:
St Jerome
Newmark, Peter (1988) A textbook of translation,
Hemel Hempstead: Prentice Hall
19/08/2010
1
1
Language functions, lexical
meaning, semantic fields
2
Communication Model
C
C
U
U
L
context
L
T SENDER MESSAGE RE CEI VER T
U code
U
R contact
R
E
E
3
Components of communication model
Sender producer of the message (also: addresser)
Receiver recipient of the message (also: addressee)
Message what is said; content; information
Context what is spoken about; subject matter;
background of people involved
understanding they bring to the topic (real world
knowledge; subject/domain knowledge)
Code how it is said; the words chosen, the medium; the
language (English, dialect; register)
Contact channel; whether and how contact is established
physical: telephone connection, but also hearing/not
hearing (background noise)
psychological: not 'wanting' to hear; blocking (beggar
in street; heckler in meeting)
4
The translator as communicator
contact
contact
ST
Comprehension
Decoding
T T
Production
Encoding
5
Code: language functions
Referential
facts, knowledge, cognitive;
this lecture predominantly referential
Emotive
shows emotion
attitude to message, whether angry, ironic
often not complex structures or even words, but interjections:
ow, ooh
Poetic
related entirely to the form of the message, its 'outer' shape
what sounds good; rhythm and rhyme; aesthetic features
See you later, alligator!
6
Language functions (2)
Phatic
no 'content'; no information; formulaic expressions
maintains comfortable relationship; reassures, signals friendship,
withholding signals distance, alienation
check whether communication is working
Pleased to meet you.
Conative
language as action on the world
imperative, instructions, performative language, ritual
Go forth and multiply!
Metalingual
speaking about language
checking on the code, whether we speak the same 'language'
What does 'conative' mean?
19/08/2010
2
7
Functions according to:
Bhler Jakobson Searle
Metalingual
Phatic
Expressive Poetic Expressives
Emotive
Informative Referential Representatives
Vocative Conative Directives
Comissives
Declaratives
8
Focus on different aspects
Different classification systems show different
nuances of how communication works
Bhler: basic distinction
Searle: much more interested in differentiating
between how we act on the world
Jakobson: very interested in different things
language can do
9
Searle explained
Di rectives: speaker attempting to get hearer to
commit to future action
Commissives: speaker commits him/herself to
future action
Declarations: performative element expression
of language which commits an act in the world
and makes it so (authority: christen this baby,
pronounce you married, sentence to death .)
10
Newmark`s combination
Expressive / emotive function: expression
of the speaker's/writer's attitude or feelings
towards objects and phenomena (a)
emotive, e.g. expression of feeling, b)
evaluative, e.g. a political commentary)
Informative / referential function:
concerned about any topic of knowledge
(e.g. telling someone about a road accident)
11
Newmark (2)
Vocative / conative / appellative function:
appealing to the reader's experience , feelings,
sensitivity, knowledge, in order to induce him
to react in a specific way / calling upon the
reader to act (e.g. using persuasion, illustration,
orders, instruction , advertising..)
12
Newmark (3)
Aesthetic / poetic function:
used to please the senses (e.g. rhyme, metre, intonation,
sound, metaphors ( which could also be expressive)
Phatic function:
establishing, maintaining or finishing contact (e.g.
salutations, small talk, taking leave in spoken language)
( expressions such as 'of course',' naturally', 'it is
important to note that', letter opening and ending
expressions.)
19/08/2010
3
13
Example text: Searle`s Iunctions
Our Promise to you - "Open to everyone: to explore, discover and enjoy"
'Our Promise To You' is the Sandwell Library Service Charter, which sets out the promises we
make to our customers about the services they can expect.
We have involved our customers in writing this charter but we would welcome any other
comments you would like to make.
Courteous, helpful and knowledgeable staff
We will buy at least 28,000 adult books and 10,000 children's books this year
Books and computers adapted for people with disabilities
Books, newspapers and films in community languages
Free requests for all items in our stock
Free Internet access in all our libraries
An information service at all our libraries
Help with homework at all our libraries
Most of our services are free and where they apply our charges are the lowest in the Black
Country
All libraries will be open for at least 4 hours on Saturdays
We will consult with you at least once a year in each library and report the findings back to
you.
We welcome comments and feedback about the promises we make to you. Please use the
online form to send us your feedback.
14
Example text 2: Searle`s Iunctions
15
Word meaning
What is a word and what constitutes lexical meaning?
Working definition word: orthographic unit with space
on either side
Meaning: can also be conveyed by units smaller than
words (= morphemes)
Examples for meaning conveyed through morphemes:
word words s` conveys plural
work worked ed` conveys tense
happy unhappy un` conveys negation
work workable able` conveys adjective
16
4 types / aspects of lexical meaning
1. Propositional meaning
2. Expressive meaning
3. Presupposed meaning
4. Evoked meaning
help understand how words are used in one
language
explain differences in use across languages
17
Propositional meaning
Referential meaning of the word
Truth / false statements
Related to the external world: shirt ==/ sock
Mistranslation iI Ialse` propositional
meaning
18
Expressive meaning
Attitude, evaluation
Illocutionary force
Range of associated meanings
tone` whinge vs complain (same propositional
meaning)
false friends: same words across languages but
usage and expressive meaning different famous
fameuse (femme fameuse woman of ill-repute)
19/08/2010
4
19
Range of lexical meanings
words can have both expressive and
propositional meaning: whinge
words can have only propositional meaning:
shirt
words can have only expressive meaning:
bloody, simply
20
Presupposed meaning
Determined by co-occurrence restrictions
words which may or may not go together in a language
hot weather hot feelings
There are 2 types of restrictions:
1. selectional restrictions
depend on propositional meaning
words may go, for example, with animate or inanimate
(studious = human; geometrical = inanimate subject)
2. collocational restrictions
arbitrary and language specific combinations
break laws, brush teeth, wash floor, drink soup
21
Co-occurrence restrictions
22
Evoked meaning
Determined (evoked) by dialect- and register-specific
usage
Dialect variation:
Regional: lift / elevator
Temporal: verily / really
Social: lounge / sitting room
Register variation:
Situation-specific
Depends on topic, setting, participants, activity
Technical language, formality vs informality, etc
23
Semantic fields and lexical sets
How words are organised in a language
Which words belong together /occur together
Hierarchical relationships
General, overarching to specialist
Organisation is different across languages
One of the main translation problems
24
Semantic fields
Universal`
most languages have fields of distance, size,
shape, time, emotion, beliefs, academic
subjects, natural phenomena
Subject-specific
language used in a specific field such as:
speech, plants, vehicles
19/08/2010
5
25
Lexical sets
words used in and associated with specific semantic
fields
semantic fields have sets and sub-sets and sub-sub-sets
of lexical sets
the words get more specific semantic field: language;
Example:
set: speech
sub-set: say, talk;
sub-sub-set: mumble, whisper
not all words can be linked to a lexical set
works with words whose meaning is mainly
propositional but not for primarily expressive words
26
Language-specific distribution
sets across languages often organised differently
27
Superordinates / hyponyms
relates to hierarchical organisation of words in language
goes from general, overarching meaning to more
specific meanings within one semantic field
superordinate: umbrella term
hyponym: more specific term (cf. sub-set above)
28
Superordinates / hyponyms (2)
hypnonym will share meaning with superordinate
but superordinate will only cover part of
hyponym`s meaning
organisation different across languages
identifying different superordinate / hyponym
relationship very helpful for translation
moving up and down sets and sub-sets helpful in
translation when lexical gap
29
Lexical meaning: translation problems
T L lacks a superordinate
German: LKW English transport vehicle`
facilities
venue
T L lacks a hyponym
English: coach / bus German bus
Differences in perspective
bring/take; come/go; arrive/depart
borrow/lend
order/request
Differences in expressive meaning
equivalent` in TL may be more neutral/expressive
30
Exercises
1. Identify and name the differences in meaning
between the items in the following sets:
car, auto, automobile, motor, limousine, limo,
banger, jalopy
comfortable, comfy, homely, cosy, snug
dad, daddy, pa, papa, pop, father, pater, sire, old
man
2. Make a list of English verbs from the semantic
field of speech; order them in sets/sub-sets
- do the same for your other language and
compare distribution from Baker:43
19/08/2010
6
31
References
Baker, M., In other words (London: Routledge, 1992),
pp. 10-44 and p. 48
See also recommendations for further reading in
Baker:44
Primary texts:
Your rights and responsibilities as a worker`,
http://www.hse.gov.uk/workers/responsibilities.htm
Sandwell Council Library Our Promise to You`,
http://www.laws.sandwell.gov.uk/ccm/navigation/leis
ure-and-culture/libraries/our-promise-to-you/
Answers to word meaning task


Identify and name the differences in meaning between the items in the following
sets:

car, auto, automobile, motor, limousine, limo, banger, jalopy
comfortable, comfy, homely, cosy, snug
dad, daddy, pa, papa, pop, father, pater, sire, old man

Answers based on research in Cobuild Dictionary and personal understanding, usage;
Answers do not necessarily cover every single nuance of meaning. Expressive
meaning (and evoked meaning) is often subjective.

Please note: different propositional meanings are identified below, but the words
concerned could then be part of a different semantic field and lexical set.
Example: banger as car and banger as sausage

Word Propositional
meaning
Expressive
meaning
Pre-supposed
meaning
Evoked
meaning
Car a) A motor
vehicle with
room for small
number of
passengers

b) separate
section of a
train
Regional:
American usage
auto a) A motor
vehicle with
room for small
number of
passengers

Regional:
American usage
Register:
technical (for
example auto
industry)
b) pre-fix,
short for
automatic
Selectional
restriction:
non-animate
Collocational
restriction:-
auto-immune
system

Register
medical
automobile a) A motor
vehicle with
room for small
number of
passengers
Regional:
American usage
motor engine
go by car informal Temporal and
social: early

20C and upper
class
car Affection

cool
Regional:
British
Social: street
language
limousine Large and
comfortable
car; often
driven by a
chauffeur
Wealth
importance

Saloon
(possibly
family) car
Register:
technical
limo Large and
comfortable
car; often
driven by a
chauffeur
informal
banger Old car informal Regional:
British
sausage informal Regional:
British
jalopy Old car informal Often
collocates with
MXQN\
Regional:
American
comfortable Making the
person/s using
it feel relaxed
Selectional
restriction:
Furniture,
clothing,
rooms,
environment

comfy Making the
person/s using
it feel relaxed
informal Selectional
restriction:
Furniture,
clothing,
rooms,
environment
Regional:
British
Social: working
class
homely comfortable positive Selectional
restriction:
Rooms, houses
Regional:
British
Plain, not
attractive
negative Selectional
restriction:
person
(according to
Cobuil; I have
only come
across used
with women)


Character:
enjoys being at
home and
having a
family
Selectional
restriction:
women
Regional British
(I have never
encountered this
usage)
cosy comfortable Familiar Selectional
restriction:
rooms,
buildings,
environment,
atmosphere

snug Warm and
comfortable
Selectional
restriction:
people

Not loose, just
right
Selectional
restriction:
Snug fit

Little room,
alcove, den
Nice, safe Selectional
restriction:
rooms
Regional:
American
father Male parent Selectional
restriction:
Male human

Make a
woman
pregnant
Selectional
restriction:
Male human

Be the
originator of
idea or
invention
Metaphorical
usage
Selectional
restriction:
Male human

Religious title;
(Christian)
God if
capitalised
Selectional
restriction:
Male human;
(Christian)
divine if
capitalised

dad Male parent Familiar,
childish,
emotional ties
Selectional
restriction:
Male human

daddy Male parent Used by very
small child
Selectional
restriction:
Male human

Used by
woman
Selectional
restriction:
Male human
Social: upper
middle class,
upper class
pa Male parent informal Selectional
restriction:
Male human
Regional/Social:
British upper
middle class,
upper class;

American
general usage
papa Male parent A bit snooty or
precious
Could be
ironic
Selectional
restriction:
Male human
Temporal: old-
fashioned
Social: upper
middle class,
upper class
pop Male parent informal Selectional
restriction:
Male human
Regional:
American
Modern music Selectional
restriction:
music

Fizzy drink;
non-alcoholic
informal Selectional
restriction:
drink
Regional:
according to
dictionary
British; (I have
only ever come
across it in
American
usage)
Bulging eyes Surprise
informal
Selectional
restriction:
Anatomy
human, animal

Ears
(un/blocking
with change of
air pressure)
Selectional
restriction:
Anatomy
human

Short sharp
sound
May be
informal not
technical
sound
Put something
quickly
informal human Regional:
British
Go somewhere
quickly, be
somewhere for
a short
duration
informal human Regional:
british
pater Male parent Educated
(Latin
derivation);
probably
ironic,
possibly
snobbish
Male human Social: upper
middle class,
upper class
Temporal: old-
fashioned
sire Male parent Marked usage
expressive
meaning
depends on
Male human Temporal: old-
fashioned,
archaic

context; very
unusual
Person in
charge, a
superior; can
also be used as
mode of
address
Literary,
feudal
Male human Temporal:
archaic
Make pregnant technical Animals, esp.
horses
Register: horse
breeding; horse
racing
old man Male parent Informal; may
be affectionate
or derogatory
Male human

19/08/2010
1
Terminology research
2
What is terminology?
Study of specialised words (or phrases) in
specific domains of usage
Formal reIlection oI a Iield`s conceptual
organisation
Essential means of expression and
communication
3
Specifics of terminology
Concept is the main focus
Written rather than spoken
Naming a specific rather than a similar concept
Include descriptive definitions
Terms should be unambiguous with only one
designation,
but different meanings depending on context
common law: 1) basic standard law, 2) common law system as
opposed to civil law, 3) common law as opposed to equity)
4
The relevance of terminology
Professionals in a field share a subset of
specialised vocabulary which they acquire as their
knowledge of the field advances
With increasing knowledge, attempt to systematise
in conceptual structures
Mirrors` or expresses the organisation oI a Iield
of knowledge
Concepts grouped together in sets of conceptual
fields sharing some characteristics
5
Terminology and translators
Translators are not terminographers:
Do not prepare terminology
Carry out searches using existing resources
But: may have to find equivalents which are
not readily available in dictionaries, term
banks etc
Necessary to understand basic principles
6
Terminology prepared for
translation
must address/ include:
Contextual information
How to use the term
Information on the concept
19/08/2010
2
7
Characteristics of specialised
language
Higher frequency of certain structures and
categories:
Greek- and Latin-based morphologies
Abbreviations and symbols
Nominalisations
Typical sentence structures
Passivisation
8
Impersonalisation and objectivity
First person plural
Present tense
Absence of exclamations
Avoidance of unnecessary redundancy
Frequent use of impersonal formulae
Noun phrases
9
Truncated terms
Initialisms
CPR: Civil Procedure Rules
Acronyms
CivDiv: Civil Division
Abbreviations
stat demand: statutory demand
Short forms
Part 36 offer: offer referring to part 36 of CPR
10
Analysis / definition of concepts
Set of characteristics which paraphrases a
concept
Permits differentiation of the concept from
others within a conceptual system
Should not be
Circular (dense: having relatively high density)
Negating (true: not false)
11
Materials / resources
Reference works for background
information
Theoretical, methodological, practical or
bibliographical aspects
Terminological works on the same or a related
topic, dictionaries, handbooks, textbooks, etc
Document and terminology databases
12
Uses of dictionaries
To resolve doubts about the existence of a term in
a language
To know how to use a term grammatically, to
know its meaning and its spelling
To know its equivalents in other functional or
historical languages
To find out the name of an object
To find alternatives to a designation
To find out how many terms have been collected
in a specific domain
19/08/2010
3
13
Seven types of dictionaries
1. General language contain most basic specialised
terms
2. Encyclopaedias contain terminology plus
conceptual information
3. General science and technology dictionaries with
specialised terminology
4. Specialised dictionaries: equivalents, definitions,
explanations, classifications
5. Specialised visual dictionaries
6. Lexicons and vocabularies (includes thesauri) by
subject matter without definitions
7. Terminological databases: most complete & up-to-
date (can be in-house provided by client)
14
Source materials
Written communication in the field
Parallel and comparable texts
Search engines
Sources must be assessed for their quality:
Representative of subject matter
Correct context (domain and jurisdiction)
Up-to-date in designations used by experts and with
respect to the topic
Explicit
15
Terminological research
On-going process
Systematic searches
Cover the terms of a special domain or sub-
domain
Ad-hoc searches
Restricted to a single term or
a small set of terms of a specified subsection
16
How to identify a terminological
phrase
Other linguistic elements cannot be inserted (head
oI household` NOT head oI the household`)
None of the parts of the phrase can be modified
(power oI attorney` NOT power oI many
attorneys`)
Frequency of use in subject field
Meaning of the whole cannot be deduced from
separate parts (slide rule` is not a rule`)
17
Terminological record
May include all or some of the following fields
Fields are designed by user
1. The entry
2. The reference of the term
3. The grammatical category of the term
4. The subject area to which it belongs
5. The definition
6. The context
7. Equivalents in other language
8. Cross-references
9. Comments
18
1. The entry
The term
Presented as in a dictionary:
Alphabetical or systematic ordering
Nouns in singular
Adjectives in singular masculine
Verbs in infinitive
Multi-word terms: natural order (Pythagorean
theorem NOT theorem, Pythagorean)
19/08/2010
4
19
2., 3. and 4.
2. Reference of the term
Document from which the term has been extracted
3. Grammatical category
Noun, plural, verb, adjective, adverb, etc
4. Subject field / domain
The general field / domain
The specific subfield / sub-domain
The specific sub-subfield / sub-subdomain
20
5. The definition & 6. Context
5. Definition
Sourced from reliable textbooks, glossaries,
databanks, etc
If necessary, drafted using relevant resources
6. Context (co-text)
Text from which the term is taken
i.e. the immediate textual environment in which
the term occurs
21
7. Equivalents in other language
Found in dictionaries, encyclopaedias,
terminological databases
Dictionaries should contain definitions rather than just
word lists
Parallel texts
Comparable texts
Indexes in reference works and standard resources
Electronic resources, inc. search engines & forums
Human resources
22
1XPEHU Source language ter m Target language ter m
Entry The actual termin use in the SL The chosen TL term remains empty if total conceptual gap
Reference Bibliographical ref erence where f ound (either a ST f or ad
hoc searches, or f or systematic searches, the sources
consulted)
Bibliographical ref erence where f ound: dictionary, text book,
parallel text
Grammatical
category
Noun, verb transitive/intransitive, adjective Noun, verb transitive/intransitive, adjective
Subject area
(domain/sub-
domain)
The area of law in which the termoperates The area of law in which the termoperates
Definition Found in reliable source, or drafted on the basis of
ref erence books
Found in reliable source, or drafted on the basis of ref erence
books
Reference Bibliographical ref erence where definition found or the
sources which were consulted in drafting the definition
Bibliographical ref erence where definition found or the sources
which were consulted in drafting the definition
Context (co-
text)
The immediate textual environment in which the term
occurs
Only if f ound in parallel text rather than in standard
terminological resource
Comments only if relevant for example, if termis no longer in common usage, or cross-referencing of terms, or giving a closely related
term etc
23
Number : 1 Source language ter m Target language ter m
Entry murder meurtre
Reference R. v Sanchez (2008) (CA (CrimDiv) [2008] EWCA Crim
2936
N/A
Grammatical
category
noun Noun, ms (masculine)
Subject area
(domain/sub-
domain)
Criminal law Criminal law
Definition A crime which is committed where a person of sound mind
and discretion unlawfully k ills any reasonable creature
in being under the Queens Peace with intent to kill or
cause grievous bodily harm
Action de tuer volontairement un tre humain
Reference Crown Prosecution Service (no date)Homicide: Murder
and manslaughter [Online] Available at: -
http://www.cps.gov.uk/legal/h_to_k/homicide_murder_and
_manslaughter
(accessed 11
th
December 2008)
Le Petit Larousse (100
th
ed) (2005)
Context (co-
text)
'R was convicted of murder and sentenced to life
imprisonment with a minimumtermof 14 vears.`
N/A
Comments TL termappears to include the same elements of act accompanied by mental state as SL term. Not clear f romdictionary
definition of 'meurtre` whether intention to infure someone but not kill themwould amount to murder in French law if the
victimsubsequently died.
24
Verification and quality checks
author (is there one? status? motivation for publication?
reputation amongst peers?)
presentation (where does the document appear? is it
printed elsewhere? what kind of sources are used? links to
other websites?)
meta-information (reviews available? commentaries or
ratings?)
accuracy and timeliness (can you cross-check the
information/term elsewhere? are there spelling errors etc.
in the text? who is the text aimed at? when was it written?
was the site recently updated?
however, official translations: you may end up using a term you
are not entirely happy with if the official translation is in use and
legally binding in the TL
Austermhl, pp. 64-66
19/08/2010
5
25
Resources
Standard books on contract law
general bilingual dictionaries in both directions
bilingual term banks and CD-roms, glossaries, own
database
bilingual dictionaries involving an intermediate language
translations made previously of the document
documentation on the subject in the target language and
cross check if the same relations and concepts are found.
comparable and parallel texts
contact a specialist in the subject (author or expert)
26
Resources -2
in-house glossary, previous translations or specialist literature
original documents not translations should be consulted to find
authentic terminology as used in the language and more importantly in
the subject field
Parallel texts
Comparable texts
Legal commentaries
Terminology specific to a particular user
Official translations
Legal websites
Institutional and government websites
Corporate terminology / websites / publications
Case Law
27
I nternet resources
http://www.out-law.com/
http://www.bbc.co.uk/consumer/guides_to/employment_statement.sht
ml
http://www.hrmguide.co.uk/hrm/steele/
http://www.salesopedia.com/
http://www.berr.gov.uk/
http://www.investni.com/confidentiality.pdf
http://www.glossarist.com/glossaries/economy-finance/insurance.asp
http://www.biba.org.uk/JargonBuster.aspx
http://www.iii.org/media/glossary/
http://www.wisebuyers.co.uk/motoring/car-insurance/Car-
Insurance/10/3/
28
Internet resources - 2
www.statutelaw.gov.uk
http://research.lawyers.com/glossary/
http://eur-lex.europa.eu/en/index.htm
http://iate.europa.eu/iatediff/SearchByQuer
yLoad.do;jsessionid=9ea7991930d6975424
6c3bb3444f8f729251f170e485.e38KbN4M
chyMb40SbxyRaxyTbhz0?method=load
http://www.leo.org/
29
References
Cabr, Teresa, Terminology; Theory, methods and
applications (Amsterdam: John Benjamins, 1998)
Ch. 2, pp.33-8, 40-5, 48
Ch. 3, pp.86-7, 95, 104
Ch. 4
Austermhl, Frank, Electronic translation tools
for translators (Manchester: St. Jerome, 2001)
pp. 52-67
Terminology entry forms explanation of fields and example entry form

1
Terminology entry forms explanation of fields and example

Termi nology entry for m with explanations for fields:

1XPEHU Source language term Target language term
Entry The actual term in use in the SL The chosen TL term remains empty if total
conceptual gap
Context (co-text) The immediate textual environment in which the term
occurs
Only if found in parallel text rather than in standard
terminological resource
Reference Bibliographical reference where found (either a ST for
ad hoc searches, or for systematic searches, the sources
consulted)
Bibliographical reference where found: dictionary, text
book, parallel text
Grammatical
category
Noun, verb transitive/intransitive, adjective Noun, verb transitive/intransitive, adjective
Domain The area of law in whi ch the term operates The area of law in whi ch the term operates
Definition Found in reliable source, or drafted on the basis of
reference books
Found in reliable source, or drafted on the basis of
reference books
Reference Bibliographical reference where definition found or the
Bibliographical reference where definition found or the
Comments only if relevant for example, if term is no longer in common usage, or cross-referencing of terms, or giving a
closely related term etc

Entry fields can be completed in either language, (except for the SL and TL term), but we recommend English

Please note: entry forms should be numbered consecutively in the number field
Terminology entry forms explanation of fields and example entry form

2
Example for a completed termi nology entry form:

Number: 1 Source language term Target language term
Entry murder meurtre
Context (co-text) 'R was convicted of murder and sentenced to life
imprisonment with a minimum term of 14 vears.`
N/A
Reference R. v Sanchez (2008) (CA (Crim Div) [2008] EWCA
Crim 2936
N/A
Grammatical
category
noun Noun, ms (masculine)
Domain Criminal law Criminal law
Definition A crime which is committed where a person of sound
mind and discretion unlawfully kills any reasonable
creature in being under the Queen`s Peace with intent to
kill or cause grievous bodily harm
Action de tuer volontairement un tre humain
Reference Crown Prosecution Service (no date)Homicide: Murder
and manslaughter [Online] Available at: -
http://www.cps.gov.uk/legal/h_to_k/homicide_murder_an
d_manslaughter
(accessed 11
th
December 2008)
Le Petit Larousse (100
th
ed) (2005)
Comments TL term appears to include the same elements of act accompanied by mental state as SL term. Not clear from
dictionary deIinition oI 'meurtre whether intention to injure someone but not kill them would amount to murder in
French law if the victim subsequently died.

Terminology workshop

1
Terminology wor kshop monolingual entries

1)
Research the following terms and complete a terminology entry form for each of them.
x breach; witnesseth; force majeur; indemnify from
For your context field, you will need to find a text in which the term occurs. You will need to reference
this text, and you will need to reference the source for your definition.

Number: 1 Term
Entry
breach
Context (co-
text)

Reference
Grammatical
category

Domain
Definition
Reference
Comments

Number: 2 Term
Entry
witnesseth
Context (co-
text)

Reference
Grammatical
category

Domain
Definition
Reference
Comments

Number: 3 Term
Entry
force majeur
Context (co-
text)

Reference
Grammatical
category

Domain
Definition
Reference
Comments

Number: 4 Term
Entry
Indemnify from
Context (co-

2
text)
Reference
Grammatical
category

Domain
Definition
Reference
Comments

2)
Read the Long Lease in your theory handbook (following the workshop task) and identify between
3 5 terms. Research these terms and complete a terminology entry form for each of them. The context
field is the sentence in which the term occurs in the Long Lease. In addition to the entry forms, provide
a short rationale / justification on your selection of the terms.

Number: 1 Term
Entry

Context (co-
text)

Reference
Grammatical
category

Domain
Definition
Reference
Comments

Number: 2 Term
Entry

Context (co-
text)

Reference
Grammatical
category

Domain
Definition
Reference
Comments

Number: 3 Term
Entry

Context (co-
text)

Reference

3
Grammatical
category

Domain
Definition
Reference
Comments

Number: 4 Term
Entry

Context (co-
text)

Reference
Grammatical
category

Domain
Definition
Reference
Comments

Number: 5 Term
Entry

Context (co-
text)

Reference
Grammatical
category

Domain
Definition
Reference
Comments

Rationale/ Cri teria for selection of terms:

3)
Research the highlighted terms in the text below and complete a terminology entry form for each of
them. As in 1), you will need to find a text in which the term occurs. The text below should NOT be
used for the context field.

PD51B Automatic Orders Pilot Scheme
Amendments are made to extend a pilot that allows some orders to be made automatically without judicial
intervention, to all county courts and the High Court. The pilot will run for one year.

4
Part 55 and PD55 Possession Claims
Pre Action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Ar rears in respect of
Residential Property
Rules are amended to ensure that all occupiers including tenants of any mortgaged property subject to possession
proceedings are notified of the proceedings and hearing date. A new requirement is introduced obliging lenders to
notify local authorities when possession proceedings are commenced. The steps, set out in the Mortgage Pre-
Action Protocol, that a lender should take before starting a possession claim for mortgage arrears are expanded.
The Protocol has also been amended to include a checklist for lenders to complete and file to show compliance
with the Protocol. PD4 is amended as a consequence.
PD57 Probate
Amendments are made to clarify the provisions in relation to removal of an executor before a grant of probate
(section 50 of the Administration of Justice Act 1985).
Part 65 and PD65 Anti-Social Behaviour and Harassment
This part is amended to provide rules to allow for applications for Drink Banning Orders (as set out in the Violent
Crime Reduction Act 2006). Orders including clauses to prohibit the individual from entering premises selling
alcohol, or from premises which supply alcohol to members or guests can be made. Consequential amendments are
made to PD2B and the measures come into force on 31 August 2009.
Part 76 Proceedings under the Prevention of Terrorism Act 2005
The time within which an individual, who is subject to a non-derogation control order, can make representations is
extended. Individuals will have more time to make representations about the directions already given by the court
and any further directions made.
Amendments are made to allow an application for anonymity of individuals subject to control orders when
permission for an order is sought by the Secretary of State.

Number: 1 Term
Entry

Context (co-
text)

Reference
Grammatical
category

Domain
Definition
Reference
Comments

Number: 2 Term
Entry

Context (co-
text)

Reference
Grammatical
category

Domain
Definition
Reference

5
Comments


6

Number: 3 Term
Entry

Context (co-
text)

Reference
Grammatical
category

Domain
Definition
Reference
Comments

Number: 4 Term
Entry

Context (co-
text)

Reference
Grammatical
category

Domain
Definition
Reference
Comments

Number: 5 Term
Entry

Context (co-
text)

Reference
Grammatical
category

Domain
Definition
Reference
Comments

Terminology workshop text: Long Lease

DATED 31
ST
OCTOBER 2002

THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF HARDWICK (1)

-and-

LOCATION OCS LIMITED (2)

-and-

JANE ELSPETH BRANDON (3)

LEASE OF PART

Property: Plot No. 137 Centurion Place
Harper Street
Hardwick

H M L AND RE GISTRY
L AND RE GISTRATI ON ACTS 1925 T O 1986
L E ASE OF PART

Administrative District: Greater London: Borough of Hardwick

Title Number: YLA218519

Property: Land at Harper Street Estate

Plot: Plot No137 Centurion Place Harper Street Hardwic
Postal address: 12 Felicity Court 309 Quagmire
Road Hardwick London H8 1AB

PARTI CUL ARS

Date of Lease: 31
st
October 2002

The Lessor: THE MAYOR AND BURGESSES OF THE
LONDON BOROUGH OF HARDWICK of Town
Hall Hardwick London H8

The Developer: LLEWELLYN HOMES LIMITED of Leek House
St David`s Drive CardiII CD14 6AB

The Manager: LOCATION OCS LIMITED whose registered

office is situate at Overseas House 1 Anaconda
Drive Charleville CA21 0HB

The Lessee: JANE ELSPETH BRANDON of 52 Market Road
Hardwick London H8 1YX

The Estate: The land described in the First Schedule hereto
known for development purposes as Centurion
Place Harper Street Hardwick

The Demised Premises: The third floor Dwelling known as Plot 137 more
particularly described in the Third Schedule hereto

The Rent: ONE HUNDRED AND FIFTY POUNDS (150)
per annum ( subject to review)

The Term: 125 years from the Commencement Date

The Premium: One Hundred and Eighty Five Thousand Pounds
(185,000)

T HIS L E ASE is made BETWEEN (1) the Lessor (2) the Developer (3) the Manager and (4)
the Lessee

WHERE AS:-

(1) The Lessor with the Developer has previously granted leases of or intends hereafter to
grant leases of the Dwellings as hereinafter defined each as separate and distinct
properties and the Lessor has in every such lease imposed and intends in every future
lease to impose the obligations set out in the Eight Schedule hereto

(2) The Lessor with the Developer has agreed to grant the Lessee a Lease of the premises
hereby demised for the Premium at the Rent and on the terms and conditions hereinafter
appearing ...

.....

NOW T HIS DE ED WI TNESSE T H as follows:-

I NT ERPRE T ATI ON

In this Deed (including the Preamble and Recitals) unless the context otherwise requires:-

~the Block means the Building containing the Demised Premises and
the garden grounds ( if any) within the cartilage thereof

'the Buildings means the Buildings comprising several flats and all structural
parts thereof including the roofs gutters rainwater pipes
foundations floors all walls bounding individual Dwellings therein

and all external parts of the Building and all Conduits not used
solely for the purpose of an individual Dwelling and the expression
Building has a corresponding meaning

~the Dwellings means the flats served by the Communal Areas and Facilities
including where the context permits the Demised Premises and a
Dwelling means any of them

~The Lessor includes the person for the time being entitled to the reversion
immediately expectant upon the Term hereinafter defined

~The Lessee includes the person for the time being entitled to the Term hereby
granted and where the Lessee is more than one person all
covenants and agreements on the part of the Lessee herein
contained shall be deemed to have been made jointly and severally
by all such persons constituting the Lessee

...

DE MISE

2. IN consideration of the Premium now paid by the Lessee to the Developer at the direction
of the Lessor ( the receipt whereof is hereby acknowledged) and of the Rent hereinafter
reserved and contained THE LESSOR at the request and by the direction of the
Developer with Full Title Guarantee HEREBY DEMISES AND CONFIRMS unto the
Lessee ALL AND SINGULAR the Demised Premises TOGETHER WITH the rights
set out in the Fourth Schedule hereto to the exclusion of any implied rights pursuant to
Section 62 oI the Law oI Property Act 1925 and SUBJECT however to the Lessee`s
covenants hereinafter contained TO HOLD the same unto the Lessee for the Term
calculated from the Commencement Date SUBJECT TO the burden of the covenants or
agreements already entered into by the Lessor and the Manager with the lessee of any of
the Dwellings for the observance of the Estate Regulations and to all rights and
easements appertaining to any other property adjoining the Estate and SUBJECT TO all
covenants stipulations and other matters hereinafter contained or referred to in the
Charges Register of the Title above referred to so far as the same relate to or affect the
Demised Premises and SUBJECT ALSO TO the rights set out in the Fifth Schedule
hereto (which so Iar as not already aIIecting the Lessor`s estate in the Demised Premises
are hereby excepted and reserved from this demise) YIELDING AND PAYING
THEREFOR during the Term to the Developer at the direction of the Lessor the Rent or
such greater rent as shall be determined following the review thereof as hereinafter
provided which shall in any event be paid for the first Twenty-One years thereof by equal
half yearly payments in advance on the First day of March and the First day of September
in each year the first of each such payments being a proportionate payment to be made on
the execution hereof and AND ALSO paying on demand by way of further or additional
rent the Lessee`s Proportion as more particularly described in the Seventh Schedule
hereto

....
THE LESSEE`S COVENANTS
THE LESSEE for the mutual protection of the Lessor and the Manager and of the lessees of the
Dwellings HEREBY COVENANTS:-

1. With the Lessor to observe and perform the obligations on the part of the Lessee set out
in Parts One and Two of the Eighth Schedule hereto and to observe and perform all
covenants and stipulations contained or referred to in the Charges Register (if any) of the
Title above referred to so far as the same related to or affect the Demised premises and to
indemnify the Lessor against all actions proceedings costs claims and demands in respect
of any breach non-observance or non performance thereof
2. With the Manager to observe and perform the obligations on the part of the Lessee set out
in Parts One and Two of the Eighth Schedule hereto

THE LESSOR`S COVENANTS
THE LESSOR relying on the covenants on the part of the Lessee herein contained HEREBY
COVENANTS with the Lessee to observe and perform the obligations on the part of the Lessor
set out in the Ninth Schedule

......

AGRE E MENTS AND DE CL ARATI ONS

IT IS HEREBY AGREED AND DECLARED as follows: -

1) That if any Rent hereby reserved or any part thereof shall be unpaid for thirty days next
after the same shall have become due (whether the same shall have been lawfully
demanded or not) or if any covenant by the Lessee or condition hereby contained shall
not be observed or performed by the Lessee then and in any such case it shall be lawful
for the Lessor or any person or persons authorised by it in that behalf or the Manager at
any time thereafter to re-enter the Demised Premises or any part thereof in the name of
the whole and thereupon this demise shall absolutely determine but without prejudice to
the right of action of the Lessor in respect of any antecedent breach or non-observance by
the Lessee of the covenants or conditions herein contained PROVIDED ALWAYS that
the notice of contemplation of re-entry shall first be served on any mortgagee with an
interest in the Demised Premises in respect of which details have been previously
provided to the Lessor or the Manager and no re-entry shall be effected until the expiry of
28 days after the service of any such notice

2) That all rights and obligations of the Lessor and Lessee respectively under this
Lease shall be incidental to and devolve with the legal reversion immediately
expectant on the Term and with the leasehold interest hereby created and shall
accordingly be enjoyed by the persons in whom such reversion and
leasehold interest respectively shall for the time being be vested

.....

RESTRI CTI ON

9. THE Lessor and the Lessee hereby apply to the Registrar for entry on the Register of the
following Restriction on the Title to the Demised Premises :-

'RESTRICTION Except under an order of the Registrar no transfer or other dealing of the
land in this title) except a charge dated contemporaneously with a transfer) by either the
proprietor(s) of the land or any chargee under its power of sale is to be registered unless a

certificate is given by either the Solicitor or Secretary of Location OCS Limited that notice of
such transfer or other dealing has been given to the said Location OCS Limited

CERTI FI CAT E OF VALUE

10. IT IS HEREBY CERTIFIED that the transaction hereby affected does not form part of a
larger transaction or of a series of transactions in respect of which the amount or value or
the aggregate amount or value of the consideration exceeds the Declared Value

T HE FI RST SCHEDUL E

(The Estate)

1. ALL THAT piece of land situate and known for development purposes as Centurion
Place being part of the Harper Street Estate Hardwick now or formerly comprised in Title
Number YLA218519 TOGETHER WITH any adjoining land which may be added thereto
within the Perpetuity Period and together with any buildings or structures erected or to be erected
thereon or on some part thereof

......

T HE T HI RD SCHEDUL E

(The Demised Premises)

AL L T HAT the flat shown edged red on the Plan being part of the Block TOGETHER WITH (
for the purpose of obligation as well as grant)

1. the doors and windows thereof but not the external decorative surfaces thereof (which for
the avoidance of any doubt shall be part of the Maintained Property)
2. the interior faces of the ceilings up to the underside of the joists slabs or beams to which
the same are affixed
3. the floors down to the upper side of the joists slabs or beams supporting the same
4. the plaster face of all external or structural wallk
5. that half facing into the Demised premises of the non-structural wall(s) (severed
medially) which divide the Demised premises from the adjoining Dwellings or from the
Internal Common Areas TOGETHER WITH THE Conduits used solely for the purpose
of the Demised Premises

EXCEPTING AND RESERVING from the demise the main structural parts of the Block
including the roof foundations and the external decorative parts thereof

Terminology workshop task: Examples completed entry
forms

Terminology workshop: task 1 Examples for completed entry forms
Number: 1 Term
Entry Breach
Context
(co-text)
.iI any ConIidential InIormation pertaining to a Disclosing Party
shall become generally available to the public other than as a result
of a breach by the Receiving Party oI its covenants hereunder.
Reference Bi-lateral confidentiality agreement (E. Mustermann & Wonderful
Company AG, assignment 2, 2008, l. 50)
Grammatical
category
Noun
Domain Contract law
Definition Breaking or violating of a law, right, obligation, engagement or duty
either by commission or omission. Exists when one party to contract
fails to carry out term, promise or condition of the contract.
Reference Black`s Law Dictionary, 6th Edition (1990), St. Paul, Minn., West
Publishing Co., p. 188
Comments Legal concepts of breach of contract differ considerably in English
common law and German civil law. Aspects of blame are not taken
into account in common law. Depending on significance of term
breached: damages or rescission. Defences studied and analyzed by
German lawyers, remedies depend on kind of breach. Alternatives:
Vertragsbruch`, Pflichtverletzung`

Number: 2 Term
Entry Witnesseth
Context
(co-text)
Witnesseth: that whereas first and second parties have certain
litigations pending in the Mercer Circuit Court... it is agreed between
all of the parties that all said suits are to be dismissed.
Reference Oxford Dictionary of Law,(2006), Oxford, OUP.
Garner, B.A., A Dictionary of Modern Legal Usage, (1995), Oxford,
OUP, p. 938.
Grammatical
category
verb
Domain Contract Law
Definition The witnessing part (testatum) of a deed constitutes the opening
words of the operative part.
Witnesseth is commonly used at the outset of contracts and affidavits
Reference Oxford Dictionary of Law,(2006), Oxford, OUP.
Garner, B.A., A Dictionary of Modern Legal Usage, (1995),Oxford,
OUP
Comments Expression used to introduce preamble of an English contract.
Expression unfamiliar and not used in German legal drafting. Deeds
sometimes introduced by the expression: Die Erschienenen baten um
Beurkundung des nachIolgenden Vertrages (Irom: Beck`sches
forms

Formularbuch, Brgerliches, Handels- und Wirtschaftsrecht, (2006),
Mnchen, C.H. Beck, p. 200)

Number: 3 Term
Entry Force majeur
Context
(co-text)
For the purposes oI this condition, 'Force Majeur means Iire,
explosion, flood, lightning, Act of God, act of terrorism, war,
rebellion, riot, sabotage, or official strike or similar official labour
dispute or events or circumstances outside the reasonable control
of the party affected thereby.
Reference Christou, R., Drafting Commercial Agreements, (2004) London,
Sweet & Maxwell, p. 139
Grammatical
category
Compound noun
Domain Contract Law, Sale of Goods
Definition Irresistible compulsion or coercion. The phrase is used particularly
in commercial contracts to describe events possibly affecting the
contract and that are completely outside the parties` control. Such
events are normally listed in full to ensure their enforceability.
They may include acts of God, fires, failure of suppliers or
subcontractors to supply the supplier under the agreement, and
strikes and other labour disputes that interIere with the supplier`s
performance of an agreement. An express clause would normally
excuse both delay and a total failure to perform the agreement.
Reference Oxford Dictionary of Law, (2006), Oxford, OUP
Comments Act of God: Hhere Gewalt durch Naturereignisse

Number: 4 Term
Entry To indemnify from ( action, loss, claims, liabilities)
Context
(co-text)
You shall indemnify us from all actions, costs, claims, demands,
expenses and liabilities whatsoever.
Reference Christou, R., Drafting Commercial Agreements, (2004) London,
Sweet & Maxwell, p. 145
Grammatical
category
Verb
Domain Contract Law, Sale of Goods
Definition to secure against hurt, loss, or damage 2 : to make compensation
to for incurred hurt, loss, or damage
Reference www.merriam-webster.com
Comments

Number: 5 Term
Entry In consideration of
forms

Context
(co-text)
The customer hereby requests the Company to provide (in
consideration of the payment by the Customer to the Company of the
Initial Inspection Fee.)
Reference Christou, R., Drafting Commercial Agreements,(2004), Sweet &
Maxwell , p.178
Grammatical
category
Noun phrase
Domain Contract Law
Definition The law uses consideration in a technical sense generally unknown to
non-lawyers: 'the act, Iorbearance, or promise by which one party to
a contract buys the promise oI the other. Generally, a contractual
promise is not binding unless it is supported by consideration.
Reference Garner, B.A., A Dictionary of Modern Legal Usage, (1995),Oxford,
OUP
Comments The doctrine of consideration does not exist in German civil law!

Module 2

Translation si tuations: skopos, brief and method
x ppt lecture notes

Reading:
Munday, J (2001) Introducing translation studies, Theories and applications.
New York: Routledge, chapter 5
Newmark, P (1988) A Textbook of Translation. Hemel Hempstead: Prentice Hall
International, pp. 39 44
Nord, K (1999) Translating as a purposeful activity. Manchester: St Jerome, pp.
27 38

Translation procedures
x ppt lecture notes
x overview word level translation problems Baker and Newmark
x example componential analysis
x worksheet: translation problems and procedures

Reading:
Baker, M., (1992) In other words: A coursebook on translation. London:
Routledge.
Molina, L. and Hurtado Albir, A. (2002) Translation Techniques Revisited: A
Dynamic and Functionalist Approach. Meta: Translators' Journal, 47(498),
512. http://www.erudit.org/revue/meta/2002/v47/n4/008033ar.pdf
Newmark, P., 2003. (1988) A Textbook of Translation. Hemel Hempstead:
Prentice Hall International
Vinay, J. and Darbelnet, J. (1995) Comparative stylistics of French and English:
A methodology for translation. Amsterdam: John Benjamins.

Annotations
x ppt lecture notes
x example: research and annotation
x example: using the metalanguage in annotations
x example annotations
x practical exercise

1
Translation situations: skopos
and translation method
2
Translational action model
Agents / roles in translation process:
Initiator
commissioner
ST producer
TT producer
TT user
TT receiver
Produce a TT which is functionally
communicative for TT receiver
BUT: Form, genre and terminology of TT do
not necessarily adapt to TC conventions
3
Agents / roles in translation process
Initiator
Needs the translation
(end) Client
Commissioner
Contacts the translator
Agency / end client
ST producer
Client
Third party: other side; drafter of legislature; author; lawyer
TT producer
Translator (may be supported by reviser / proofreader /
subject expert)
TT user / receiver
Client / client's clients / court / lawyers / client's advisors,
etc
4
Stages in the translation
process
1. Analysis of the brief
_________________________________
3. Transfer
_________________________________
4. Restructuring
5. Revision and proof-reading
5
Analysis of the brief
Establishing the purpose of the translation
Who commissioned it
For which readership
What is their knowledge
Determines choice of translation method
(source text or target reader oriented)
Determines choice of translation
procedures
6
Choice of translation method
Links between pre-translation analysis and
transfer proper
Initial decision: What kind of TT am I going to
produce?
Is the translation going to be source text oriented or
target text oriented?
Are you translating an original or are you producing
an original?
Translations may be situated on a cline between these two
extremes
Based on the brief
2
7
No brief?
The source-text producer
The source of publication
Intention of the SLT writer
The function of the text
The register of the SLT
The reader of the SLT
The jurisdiction
The domain
8
Reading & understanding of the source
text
1. What is the purpose of the translation?
2. What do you know about the translation?
3. What can you find out about the source text?
4. How do you deal with ambiguities in the
source text?
Results influence decisions and choices
made during transfer
9
Translation situations
In what sort of situations might you need to
translate contracts, and what needs to be
borne in mind?
10
Situation 1
Your client is opening a franchise in
another country. They want to use the
same contract they already have. They ask
you to translate this document.
Purpose?
Method: translating or producing an
original?
11
Situation 1
Purpose: provide the client with a document
which will act as a contract in the TL
Can be a translated contract on the basis of
which a foreign lawyer produces an
enforceable contract
Can be a contract which will be binding
once signed
Aim: producing an original
12
Situation 1: translation choices
Clarification with client
Disambiguation possible
TT may be improvement on ST (with approval
of client)
Accurate
Expresses client's intention
TL terminology may be used if appropriate
and approved by client
Idiomatic and naturalised TT
3
13
Situation 2
English contract translated into German which is
the binding contract
Client sues over holiday entitlement (are
religious holidays subsumed into public holidays
or are they additional?)
The relevant court is English the German
contract needs to be translated into English
Purpose?
Original or translation?
14
Situation 2
which will render the exact propositional
meaning
Will function for the lawyers of either side as a
basis for the argument
Court's decision will be made on the basis of the
translation
Aim: producing an accurate translation which is
not necessarily idiomatic or naturalised
15
No clarification with client
No disambiguation possible
TT must not improve on ST
Absolute accuracy to the point of reproducing
any errors, ambiguities, inconsistencies
TL terminology may only be used if it is an
exact match otherwise must be paraphrased
Idiomatic and natural language use only
secondary importance
16
Situation 3
Your client is about to sign a contract with a
foreign business partner. The contract is in
the foreign language, which your client
does not speak. They ask you to translate
the document.
Purpose?
Method: translating or producing an
original?
17
Situation 3
which is for information and make the client
aware of potential problems
Translation will not act as an original
Translation will form basis of client's decision so
must be accurate
Aim: producing an accurate translation which
highlights potential problems
Translation solutions might include descriptive
equivalents (i.e explanation of the concept)
18
No clarification with client but clarification FOR
client
Ambiguities should be flagged in an annotation
TT must not improve on ST
Accurate translation which highlights errors,
ambiguities, inconsistencies
TL terminology may be used
TL may also be used as a comparison but should
flag differences in meaning
4
19
Situation 4
Your client has entered into a contract,
which they believe has been breached by
the other party. They want to take the
matter to court, but need a translation of the
contract to do so.
Purpose?
Aim?
20
Situation 4
which is for information and make the client
aware of potential problems
Translation will not act as an original
Translation will form basis of client's decision
Translation will form basis for legal advice
Aim: producing an accurate translation
Translation needs to provide all layers of
meaning
21
Situation 5
Your client wants to translate their standard
contract into another language. They also ask you
to ensure that it will be enforceable in the target
language.
Purpose: produce an original text which
reproduces all the legal intent of the ST in legally
valid and binding form for the target jurisdiction
Refuse commission unless you are working with a
lawyer
22
Situation 6
You are asked to translate a textbook on contract
law. As part of this, there are numerous examples
of contracts.
Contracts perform a different function: they
illustrate the contract law of another jurisdiction
may be in SL with a gloss translation
Main translation task: render the foreign
terminology, concepts, differences when they are
discussed, explained in the text of the book
translation couplet (original term + gloss)
23
And now for something
completely different .
You are translating the script for a
courtroom drama. The plot hinges on
several passages in a contract.
Different function and purpose:
Entertain, needs to work to support the
dramatic impetus, needs to sound convincing,
accuracy irrelevant;
Entirely oriented towards / adapted to the
target audience and target culture
24
Accuracy
5
25
Ambiguity in the ST
the use of confidential material is
inadmissible because it is expressly
excluded under the terms of this contract.
use material
it
26
Disambiguation
1) The use of confidential material is
inadmissible because the terms of this
contract expressly exclude any such use
2) The use of confidential material is
inadmissible because any confidential
material is expressly excluded under the
terms of this contract
Annotate: please note that 'it' could refer
27
Annotation
19/08/2010
1
2
Applied to individual translation problems
solve` the translation problem
Often more than one procedure available for
one problem
Decision based on chosen translation
method
What kind of text, what kind of translation
3
Translation problems and procedures
Widely used classification:
at word / above word level: terminology; collocations;
idioms and figurative language; non-standard usage
at sentence level: syntax; grammatical constructions;
punctuation (this can be also at text level);
at text level: cohesion; coherence; style; register (n.b.
register is commonly used to denote the relationship
between the writer and the reader style relates to the
particular style of the text in question)
4
Word level problems & procedures
T L lacks a superordi nate (hyperonym)
Translate with more specific word
5
Word level problems 2
T L lacks a hyponym
Translate with a more general word
6
Word level problems - 3
equivalent` in TL may be more neutral / expressive
compensate by paraphrasing the loss / gain
Differences in evoked meaning
Regional: AE, BE, etc
dual carriageway vs divided highway
flyover vs overpass
Temporal
plaintiff - claimant
19/08/2010
2
7
Modulation
Difference in conventions euphemisms
Informal language, slang
Shift in perspective
SL positive TL negative
Translate with antonyn which is the idiomatic
form: 'il n'a pas hesite' (Fr) 'he acted at once'
(Eng).
8
Cultural problems - Transference
Straight transfer of a SL word into TT >>
loan word
Also known as borrowing or loan word
Can be written in TL script (transliterated)
or can be kept in SL script
Example: a German high-school leaving
certiIicate is called Abitur`, the translation
retains the word Abitur.
9
What do we transfer?
Names of living and most dead people (unless
recognised translation exists)
Geographical and topographical names
Names of newspapers and periodicals
Titles of untranslated works
Names of private companies and institutions
Names of public and nationalised institutions
Street names, addresses, etc
10
Transfer + neutral term
Transferred words or terms only used on
their own if target reader will understand
Usually accompanied by an explanation, or
gloss of the meaning
Gloss/explanation often only given on first
occurrence
11
Examples for transfer + culturally
neutral third terms
The Goethe Institut, the German cultural
institute
The eighteenth century land-owner Sir
Robert Walpole
Soho, the slightly disreputable
entertainment district in the heart of London
The German equivalent of A-levels, the
Abitur
12
Legal examples
ASBO (Anti Social Behaviour Order)
Procedure:
Translation couplet:
transferred term + explanation
ASBO, Verfgung gegen antisoziales Verhalten
(back translation: order against antisocial
behaviour)
19/08/2010
3
13
Equivalents as translation procedures
1. Descriptive equivalent
GmbH a German company with limited liability
Tribunal paritaire des baux ruraux agricultural land
tribunal
2. Cultural equivalent / substitution
GmbH Ltd.
Very problematic
Cultural substitutions are only approximate
Fuzzy match
14
Translation couplet
Using two translation procedures together
Most frequently:
Transfer + culturally neutral third term
Cultural equivalent + culturally neutral third
term
15
Through-translation / calque
Literal or word for word translation
Cour dàppel court of appeal
Names of organisations
Example: European Union Europische
Union l` Union Europeenne
Acronyms and abbreviations
Example European Union = EU - UE
16
Componential analysis
Identifies characteristics of SL & TL term
Compares characteristics (table)
Identifies
Shared conceptual range (overlap)
Typical characteristics not shared
Provides raw material` Ior descriptive equivalent
One procedure: translation couplet (TL term +
descriptive equivalent)
17
Example: conkers - Kastanien
England
Children`s activity
Autumn
6 12?
Mainly boys
Aim: defeat opponent
Competitive and
destructive
Germany
Children`s activity
Autumn
4 10?
Both boys and girls
Aim: create little
creatures
Cooperative and
constructive
18
Legal example: Mord - murder
A person dies as a result
of the unlawful act of
another
That act was intentional
(i.e. not an accident or
similar),
and done with the
intention to cause death
or GBH (i.e. not a
harmless prank gone
wrong)
A person dies as a
result of the unlawful
act of another
Death is caused
intentionally
with malice or as a
result of ulterior
motives
(If without malice
Totschlag)
19/08/2010
4
19
Summary
0RUG
While both English and German have different
terms for homicide, (murder & manslaughter in
English and Mord` & Totschlag` in German), the
elements are different and overlap only partly.
Thus, where the elements for murder have been
met in English, this would not necessarily translate
into German as Mord`
20
Explicitation
Spells out the implicit meanings contained in the SL
linguistic item
Should be used with caution
Do not use to explain cultural background knowledge
(in legal translation)
Can be used to render full range of meanings of a
term
BUT: link to contextual information
Bargeldlos: non-cash payment cheque, transfer,
money order
21
Notes, additions, glosses
Information provided by the translator to
ensure that the TTR will understand
culturally or otherwise specific information
Giving explicit information for information
contained implicitly in the ST
Only in translation for information
22
Reduction, expansion
Shifts that are necessary to accomplish
natural` language use in the TL, the
necessity to add or lose lexical features of
the ST without affecting the ST meaning
This cannot be avoided.
Most translations are not word for word
Translations must ACCOUNT for every ST
word
23
Compensation
Loss of meaning, sound-effect, metaphor,
cultural associations, pragmatic effect in
one part of the sentence, paragraph made up
in another part of the text (added in at a
later, or sometimes earlier stage)
Normally not appropriate for legal
translation
24
Paraphrase
Amplification or explanation of the
meaning of a segment of text
Goes beyond compensation
Only used when absolutely necessary, or
when the ST is poorly written
19/08/2010
5
25
Back translation
Used for translation examples in foreign
language (in coursework)
Illustrate the meaning of individual lexical
items
Not idiomatic language use
Example: bargeldlos non-cash payment
26
References
BAKER, M., 1992. In other words: A coursebook on
translation. London: Routledge.
MOLINA, L. and HURTADO ALBIR, A., 2002.
Translation Techniques Revisited: A Dynamic and
Functionalist Approach. Meta: Translators' Journal,
47(498), 512.
http://www.erudit.org/revue/meta/2002/v47/n4/008033a
r.pdf
NEWMARK, P., 2003. A Textbook of Translation.
Harlow: Pearson Education Limited.
VINAY, J.-., 1995. Comparative stylistics of French
and English: A methodology for translation.
Amsterdam: John Benjamins.
Overview word level problems: Baker and Newmark

Comparison translation problems at word level:
Baker Newmar k T ranslation procedures
ch. 2 Chs. 6, 7, 8, 9
culture specific Ch. 9 Transference, cult. / descriptive equivalent, cultural
substitution
lexical gap p.78-80 Synonymy, paraphrase, omission, illustration, paraphrase with
related/unrelated word
complex meanings Constraints on literal trsln., p.75 Reduction, expansion, more neutral
different distinctions in meaning Paraphrase w/related/unrelated word
TL no superordinate Referential synonyms, p.58 More specific word ( classiIier, descriptive equivalent . iI
necessary)
TL no hyponym Referential synonyms, p. 58 More general word ( classiIier, descriptive equivalent . iI
necessary)
Differences in perspective Modulation, p. 88 Modulation,
Diff. in expressive meaning Componential analysis synonym, descriptive equivalent .
Diff. in form (prefixes/suffixes/affixes) Transposition or shift
Diff. in frequency or purpose Constraints on literal trsln. Paraphrase w/related word / synonym
Loan words in ST Ch. 13 & p.72 (false friends) Naturalisation

Example: Componential analysis of legal term

English Law German Law
Murder x A person dies as a result of
the unlawful act of another
(Actus reus)
x That act was intentional
(Mens Rea). (i.e. not an
accident or similar),
x and done with the intention
to cause death or GBH (i.e.
not a harmless prank gone
wrong)
Mord
x A person dies as a result of the
unlawful act of another
x Death is caused intentionally with
malice or as a result of ulterior
motives
Totschlag
x A person dies as a result of the act of
another
x Death may have been caused
intentionally, but without malice and
aforethought

While both English and German have different terms for homicide, (murder &
manslaughter in English and Mord & Totschlag in German), the elements are
different and overlap only partly. Thus, where the elements for murder have been met
in English, this would not necessarily translate into German as Mord`
Worksheet: Translation problems at word level

Use the workshop text from the terminology workshop (Long lease) in the previous module
in this handbook or any of your example or workshop texts in this module.

A - Find examples for as many of the following as possible:
1. TL does not have a superordinate
2. TL does not have a hyponym
3. Lexical gap in the TL
4. Temporal (archaic vs contemporary usage)
5. Different collocation or co-occurrence (for example, usage with animate/inanimate
noun).

B - What translation procedure can you use to solve the problems identified for task
1- 5 above?

C - These are the typical translation problems which Alcaraz & Hughes (p.154) list
for legal translation:
1. Methodological problems in the translation of specialist vocabulary
2. Common collocations in legal English
3. Frequent semantic fields in legal English
4. The temptations of paronymy
1
: false cognates and unconscious calques
5. Problems with the translation of syntagms (string of linked words in a
sentence)
6. Simple and complex syntax and the use of double conjunctions
7. Thematization
8. Textual coherence and lexical repetition in the language of legal English

Which of these are word level problems? How would you describe them using
the terminology you were introduced to today?

D Find an example for a false friend or an apparent cultural equivalent and carry
out a componential analysis to identify the matching and non-matching meanings
between English and your other language.
What translation procedure will you use and why?

1
Related words (often across languages) which share the same root but may have
different meanings.

19/08/2010
1
Annotations
3 kinds of annotations
1. For the client
Either:
a comment on a problem with the source text
A comment on the translation solution
Not part of finished document
Part of the process
Or:
Part of the finished document
Aimed at the reader additional information
2. Reflective annotations
Reflection on translation
Part of process of training
Makes translation process transparent
Identification of problem
Research
Procedures
Choice and evaluation of translation solution
Evaluation difficult for annotations in module 2
(word limit)
2 types of reflective annotations
1. Longer annotations (dissertation: annotated
translation)
More detailed and in-depth
Document the research process and outcomes
Will be addressed in later methodology sessions
2. Short annotations (assignments modules 2-8)
Document the steps and outcome of research
Very tight word limit
Must be very concise and precise
Need translation terminology and metalanguage
Annotations when?
Focus on genuine translation problems
i.e. the problems encountered
in retaining form and content of the Source
Text
while still ensuring comprehension
without crossing over into providing legal
advice
Research / Steps
Pre-translation analysis of source text
Comprehension
See separate checklist
Identify potential translation problems
Choose 'genuine' translation problems
Must pose a real problem for translation, rather than
just demonstrating a particular procedure
Consider / evaluate possible translation
procedures
Identify translation solution and evaluate
19/08/2010
2
Recap: Translation problems
Can be word level, above word level, text
level
Identified in module 1
Assignment 1 focussed on linguistic and
jurisdictional (cultural) problems
Text level problems (macrostructure,
cohesion, coherence, register)
Will address in later modules
For assignments in this module focus on
terminological problems
Terminology research &
annotations
Closely linked
Terminology research and creation of entry
forms
Identifies the problem
Documents the research
Definition provides 'raw material' for translation
solution in conceptual gaps and fuzzy matches
You may use terms discussed in your
annotations in assignment 3: section a),
terminology research
Metalanguage: talking about
translation
Translation method
The basic translation strategy chosen by the
translator
Can be either source text or target reader
oriented
For legal translation: source text oriented
Most useful definition: faithful translation
(Newmark)
Literal and faithful translation
Literal translation method
Grammar correct
Words translated out of context not natural
Faithful translation method
Focus on meaning in context
Loyal to 'quirks' of ST
Loyal to intention
Does not naturalise (or domesticate)
Does not use cultural adaptation
Source text echo or shadow in target text
Recap: Translation procedures
Transference
SL item used in target text
On first occurrence, used in conjunction with a
descriptive equivalent
On subsequent usage, may be used on its
own
Can be signalled: (hereafter referred to as ..)
Recap: Descriptive equivalent
A source language concept is rendered with a
(culture-free) description
What does the term refer to, what is it?
Definition in term entry form provides 'raw
material'
Typical characteristics
Don't refer to this as
explanation (= danger of providing legal advice)
note (= extratextual comment not integrated into
text)
19/08/2010
3
Conceptual match vs conceptual
gap
Conceptual match
A concept, term exists in the target system
which matches the SL term in its
conceptual range
This is not a translation problem
Conceptual gap
Concept does not exist in the target
system
Conceptual gap vs conceptual
fuzzy match
Cline between absolute match and
absolute gap
Absolute conceptual gap
concept does not exist
translation procedure: descriptive equivalent
Fuzzy match
Partial overlap between SL and TL concept
Some features the same, some different
Procedure: componential analysis
Identifies characteristics of SL & TL term
Compares characteristics (table)
Identifies
Shared conceptual range (overlap)
Typical characteristics not shared
Provides 'raw material' for descriptive
equivalent
One procedure: translation couplet (TL
term + descriptive equivalent)
Example componential analysis
0RUG
While both English and German have
different terms for homicide, (murder &
manslaughter in English and 'Mord' &
'Totschlag' in German), the elements are
different and overlap only partly. Thus,
where the elements for murder have been
met in English, this would not necessarily
translate into German as 'Mord'
Engl ish Law
Murder
German Law
Mord / Totschl ag
xA person dies as a result of the
unlawful act of another (Actus reus)
xThat act was intentional (Mens
Rea). (i.e. not an accident or similar),
xand done with the intention to cause
death or GBH (i.e. not a harmless
prank gone wrong)
Mord
xA person dies as a result of the
unlawful act of another
xDeath is caused intentionally with
malice or as a result of ulterior
motives
Totschl ag
xA person dies as a result of the act
of another
xDeath may have been caused
intentionally, but without malice and
aforethought
Example for research into translation problem
Limited Company
Limited Company refers to a very specific legal concept with clear implications. In the UK it
relates to a certain type of legal person whose liability is limited by its Articles of Association
in accordance with the relevant statutory provisions. Concepts may be different in different
jurisdictions, and while the concept of a 'company with limited liability' is likely to exist in
different jurisdictions (Gesellschaft mit beschrnkter Haftung- GmbH, socit
responsabilit limite- SARL,
the implications of the limitation may be very different. In German law, section 5 of the
German Limited Liability Company Law (GmbHG) stipulates the following: "(1) Das
Stammkapital der Gesellschaft mu mindestens fnfundzwanzigtausend Euro betragen.
(The share capital of the company must be at least EURO 25,000). Under English law there
is no such requirement. The problem arising from this is that anyone who sees 'GmbH', will
be entitled to assume that the company has a share capital of at least C25,000- which might
induce them into entering into an agreement with a company that sounds more financially
secure than it actually is.
The other main point is that the suffix 'Ltd.' actually forms part of the company's name, so
that a translation thereof would be incorrect.
One way of dealing with the difficulties posed by the concept of a limited company would be
to transfer the original term accompanied by a descriptive equivalent. If a comparable
concept exists in the TL culture, then that may be usefully employed; for example, one might
use 'a company with limited liability', which will make it clear that there is a certain limitation
on the liability of the company, but transferring the original term flags up the fact that the
reference is to an alien legal system and that therefore the legal consequences and
requirements may differ.
19/08/2010
4
Annotation
GmbH, [ST: 36]
Problems:
Specific legal concept, particular to German culture/jurisdiction
Although a similar concept exist in England, the specific details vary
The suffix 'GmbH' is part of the name of the company
Requirements:
Simply transferring the term does not provide sufficient information.
The TL reader needs to be made aware of the fact that a 'GmbH' refers to a
concept which is similar, but not identical to a 'Ltd.'.
Procedure
Translation couplet: Transference plus descriptive equivalent
Solution: GmbH (a company with limited liability), [TT: 35]
Group work
Group make-up:
language-pair specific
mix of L1 and L2
mix of lawyers and linguists
Think back over terminological work done on the
module so far
Identify 1 example for each of: conceptual gaps,
fuzzy matches, conceptual match
Discuss translation procedures and solutions
Example: researching and writing an annotation

Example for research into t ranslation problem

Limited Company

Limited Company refers to a very specific legal concept with clear implications. In
the UK it relates to a certain type of legal person whose liability is limited by its
Articles of Association in accordance with the relevant statutory provisions. Concepts
may be different in different jurisdictions, and while the concept oI a company with
limited liability` is likely to exist in diIIerent jurisdictions (Gesellschaft mit
beschrnkter Haftung- GmbH, socit responsabilit limite- SARL,
the implications of the limitation may be very different. In German law, section 5 of
the German Limited Liability Company Law (GmbHG) stipulates the Iollowing: '(1)
Das Stammkapital der Gesellschaft mu mindestens fnfundzwanzigtausend Euro
betragen. (The share capital oI the company must be at least EURO 25,000). Under
English law there is no such requirement. The problem arising from this is that
anyone who sees GmbH`, will be entitled to assume that the company has a share
capital of at least t25,000- which might induce them into entering into an agreement
with a company that sounds more financially secure than it actually is.

The other main point is that the suIIix Ltd.` actually Iorms part oI the company`s
name, so that a translation thereof would be incorrect.

One way of dealing with the difficulties posed by the concept of a limited company
would be to transfer the original term accompanied by a descriptive equivalent. If a
comparable concept exists in the TL culture, then that may be usefully employed; for
example, one might use a company with limited liability`, which will make it clear
that there is a certain limitation on the liability of the company, but transferring the
original term flags up the fact that the reference is to an alien legal system and that
therefore the legal consequences and requirements may differ.

Annotation

GmbH, [ST: 36]

Problems:
x Specific legal concept, particular to German culture/jurisdiction
x Although a similar concept exist in England, the specific details vary
x The suIIix GmbH` is part oI the name oI the company

Requirements:
x Only transferring the term does not provide sufficient information
x The TL reader needs to be made aware of the fact that a GmbH` reIers to a
concept which is similar, but not identical to a Ltd.`.

Solutions:
x Translation couplet: Transference plus descriptive equivalent
x GmbH (a company with limited liability), [TT: 35]

Example: Using the metalanguage in annotations

Translation problems / annotations Translation metalanguage
The translation into Spanish of the noun 'sentence' (or the verb 'to sentence').

The problem is that the meaning in English is usually 'the judgment formally
pronounced upon a person convicted in criminal proceedings, especially the
decision as to what punishment is to be imposed' (CED), while the (usually)
false friend in Spanish, 'sentencia', has a more general meaning in Spanish
and refers simply to 'a decision made by a court', which corresponds more to
the legal meaning and use of the term 'judgment' in English.

As a result, as nouns, 'sentence' is usually translated as 'condena' or 'pena'
and 'judgment' as 'sentencia'.

As often happens in translation, however, there are many exceptions to this
rule, and sometimes 'sentence' can be correctly translated as 'sentencia' (in
those cases where the emphasis is on the 'decision' aspect of the meaning, that
is, when it is used roughly as a synonym of 'judgment').
Problem: false friend / non-equivalence at word level (Baker)
The English term sentence` has a TL (Spanish) equivalent sentencia` which
is a false friend: its propositional meaning differs from the SL term sentence`
and matches the propositional meaning (Baker) of the English term
judgment`.
The meaning of the English term is specific to 'the judgment formally
pronounced upon a person convicted in criminal proceedings, especially the
decision as to what punishment is to be imposed' (CED). The Spanish term is
a superordinate (Baker) with the general meaning 'a decision made by a
court'. Spanish has two hyponyms (Baker) condena` or pena` which express
the specific meaning equivalent to the English source term.

Provide reasoning which of the hyponyms is appropriate in the context.
Identifv translation procedure. translate with a hvponvm(Baker) which
matches the conceptual range
Give translation solution
Translating Die Bezahlung erIolgt bargeldlos` (BT: payment is made in
non-cash Iormat`
Problem: Non-equivalence at word level (Baker)
The target language has no equivalent term / there is a linguistic gap. The
German is a superordinate referring to cash-free payment which can be made
either by cheque or by bank transfer without specifying which. The target
language has two hyponyms available which specify the form of cash-free
payment: cheque` or bank/credit transIer`. Choosing one oI them would
narrow down the conceptual meaning of the source text.
Procedures: 1) explicitation (Delisle): express the full conceptual range of the
ST term by providing both TL hyponyms (payment by cheque or bank
transIer`); 2) consult with client on which propositional meaning (form of
payment) the ST refers to and translate, using the hyponym matching the
propositional meaning (payment by credit transfer`); 3a) paraphrase (Baker)
Payment shall be made in non-cash-form. 3b) Payment will be made to the
employee`s bank account.(context requires employee to provide bank
details)
Example: Using the metalanguage in annotations

Example annotations

French:
1 - Gross misconduct
(a)
, [ST: 29]
Problem: This expression/concept is specific to UK employment law. It has a broad definition
which does not include any precise criteria. There are two similar concepts and associated
terms in French employment law, 'Iaute grave and 'Iaute lourde, both with a general
deIinition close to that oI 'gross misconduct. However, neither French concepts are a 100
match to the UK concept. 'Faute lourde implies a notion oI wilIul intent, whereas 'Iaute
grave and 'gross misconduct do not.
Requirements: A descriptive equivalent would not be an option as the concepts include
various criteria not clearly identified by the law (English and French).
Procedure: Using the French term for the closest French equivalent concept.
Solution: Faute grave, [TT: 30]

Spanish
1. GROSS MISCONDUCT >ST : 28@
Problems:
Each jurisdiction has its own system of industrial / labour relations and it is usually a matter
oI construction. The English term is deIined as 'misconduct so serious that it justifies the
possible instant dismissal oI the employee. Spanish law calls 'Ialtas muy graves, but the
behaviours are statutory enlisted.
Requirements: iI the target text 'domesticates the term, this will aIIect the Iuture
construction in TT jurisdiction.
Procedure:
Descriptive equivalent: Conducta del trabajador indebida y muy grave >TT : 26-27@
Bibliography: ACAS; Estatuto de los Trabajadores, Texto refundido segn Real Decreto
Legislativo 1/1995, de 24 de marzo.

German
Gross misconduct [ST 28, TT 28]
Problem:
German employment law distinguishes between ordinary termination (ordentliche
Kndigung`) and termination Ior important reason (Kndigung aus wichtigem Grund`),
which is not subject to period of notice. Conduct can be the reason for these two kinds of
termination (verhaltensbedingte Kndigung`), procedures and implications differ
considerably.
Requirement:
TL reader should be aware that UK law is referred to even if reasons for conduct-related
dismissals are similar in both systems.
Procedure:
German expressions commonly collocated with termination of employment should be
avoided. Kndigung aus wichtigem Grund` (too broad/generic here) or verhaltensbedingte
Kndigung` (too near to German system) are ruled out.
Solution:
grobes Fehlverhalten` loan translation as a descriptive equivalent [TT 28 ]

Example annotations

Annotations
* L. 4 ST and L. 4 TT 'terms and conditions:
Problem: set doublet, in which one term includes the other. The French 'termes et
conditions` is very frequent in translated contracts, but inappropriate because the semantic
fields in English and French are not identical:
Term: 'any provision Iorming part oI a contract. Can be either a condition, a warranty or an
innominate term depending on its importance and either an express term or an implied term
depending on its Iorm (ODL).
Condition: 'a major term oI the contract. ,.| Irequently described as a term that |.| is oI the
essence oI a contract (ODL)
Termes: formulation telle quelle : aux termes de làrticle ( selon làrticle) (Lerat)
Condition:1. Hypothse prvue dans une clause (cf. potestatif, rsolutoire, suspensif) 2.
Modalits conditions de vente (Lerat)
Solution : conditions

* L 9 ST and L 8 TT overseas company
Mistake in ST as L 10 expressly names it the Home Entity
Solution: entreprise dorigine
Note: other mistakes in the source text:
two parties (L. 7-17) but three signatories (L. 146-167)
Home Unit (L 146) with capitals but not defined anywhere.
In real life , I would raise these points to the client`s attention.

* Line 27 ST and 27 TT and/or
Problem: literal translation 'et/ou` very frequent but problem of form (looks sloppy) and of
substance (generates ambiguities).
And/or: meant to cover three situations: the employee may need: i) a visa; ii) an immigration
document; iii) both.
Contrary to 'or, which is disjunctive, 'ou` can be disjunctive or conjunctive (Grvisse).
Thus, 'ou` is usaually sufficient. When context allows, verbs can be written in the plural
form to show all solutions possible (see Canadian references below). If imperative to
articulate the three possibilities, one solution is to use 'ou` followed by 'ou les deux`. This
is not the case here.
Solution: 'ou`

2 - National Health System
(b)
, [ST: 88-89]
Problem: 'National Health System seems to be a generic expression. However, the use oI
capital initials leads to believe that the author oI the ST meant to write 'National Health
Service, the actual name oI the UK health system. In a proIessional situation, I would check
with the client. There is a conceptual gap as this system is specific to the UK jurisdiction.
Requirements: Simply transferring the name would not be sufficient. The TL reader needs to
understand what it refers to.
Procedure: Translation couplet : transference plus descriptive equivalent. Writing the name in
italics helps identify it as a foreign name.
Solution: National Health Service (service national de sant du Royaume-Uni), [TT: 94]

3 - Tax De-Regist ration forms
(c)
, [ST: 114]
Problem: This expression refers to forms that are specific to the UK tax system. Although
very general, it is not possible to translate it literally without sounding odd in the TL.
Requirements: Remaining as general as the ST, but restructuring the sentence to convey the
exact meaning and sound idiomatic.
Procedure: Modulation plus expansion.
Example annotations

Solution: Le Salarie sera dans lòbligation de sìnscrire aupres de làdministration Iiscale des
son arrive au Royaume-Uni et de lui dclarer son dpart. A cet effet, il devra remplir les
formulaires requis, [TT: 124-126]

2. AGREEMENT >ST : 2@
Problems:
No legal equivalent between the ST and TT terms. A key difference between agreement and
contract in Common Law systems is consideration. In Spanish law both 'acuerdos and
'contratos do not need consideration. The term 'contrato is used when there is a statutory
Iramework whereas 'acuerdo gives the idea oI a mere meeting oI minds.
Requirements:
There is a legal Iramework Ior secondment (International, EU, Spain) as the 'agreement
implicitly recognizes (ST, 18 and 19).
Procedure:
Use the Spanish legal collocation. Contrato >TT: 2@
Bibliography: Ley 45/1999 de 29 de noviembre sobre el desplazamiento de trabajadores en el
marco de una prestacin de servicios transnacional; Directiva 96/71/CE.

3. SECOND >ST : 22@
Problems:
The legal concept oI 'secondment, but not the term, has been translated into Spanish
legislation in a speciIic way 'desplazamiento a otro pais en prestacion de servicios
transnacional.
It is impossible to keep the use of the verb 'second in Spanish, because 'desplazar has not
the same meaning as 'second. Besides, 'ceder un trabafador` is only used in 'Empresas de
Trabajo Temporal.
Requirements:
It is the key element of the agreement and it has to work out in the target language structures.
Procedure:
A third neutral verb: 'transIerir >TT : 20@
Bibliography: International Labour Organization, glossary; Chartered Institute of Personnel
and Development, UK; Ley 45/1999 de 29 de noviembre sobre el desplazamiento de
trabajadores en el marco de una prestacin de servicios transnacional.

Secondment Agreement: Explicitation (ST 2, T T 158)
A secondment takes place when an employee or a group of employees is temporarily assigned
to work for either another organisation (an external assignment) or a different part of their
employer (internal assignment). Secondment assignments can be national or international.
(Source: http://www.netlawman.co.uk/info/secondment-agreements.php).

The challenge to translate 'Secondment into Spanish lies in the Iact that the concept is
known in Spanish, but remarkably enough Spanish does not seem to have coined a term or
phrase to convey the idea. A few possible translations for "Secondment Agreement" were
found online, such as acuerdo de delegacin ('delegation agreement, IATE), and contrato
de cesin temporaria de empleados ('contract oI temporary assignment oI employees, Poder
Judicial de la Nacin Argentina). This particular agreement focuses on the temporary "loan"
of an employee from a company in a source country to a host company in the UK, so the
expression found at the Poder Judicial de la Nacin Argentina was found to be the closest in
meaning to the SL term.

Translation of "Secondment" into Spanish implies the application of syntactic strategies (unit
change: one SL word becomes a TL phrase: cesin temporaria de empleados), which in turn
Example annotations

entails a pragmatic change (explicitation: the TL phrase becomes more descriptive of the
concept than the SL term). Furthermore, the TL term cesin carries a more general meaning
than the SL term 'secondment, and is thereIore a TL superordinate (Baker, 2003, p.20) oI
the SL term. As such, it requires the addition of two modifiers: (1) and adjective (temporaria)
that defines the time clause implied in the SL concept, and (2) a prepositional phrase (de
empleados), which further expounds the context within which the TL phrase operates.

1
~Reunidos: Linguistic Adaptation (Modulation/Condensation) (ST 7, T T 163)
'This agreement is made between could have been translated as Este acuerdo se firma entre,
which is syntactically and semantically correct in the TL, however due to consideration of
style it would not be the best choice in Spanish legal writing. The TL term REUNIDOS
implies that the ensuing paragraph contains information about the signatory parties to the
contract or agreement. This is in fact what follows in this agreement, so the use of this
formulaic element would be appropriate and perhaps even preferred in this context. This
functional adaptation implies a number of changes that operate at different levels.

To start with, there is a pragmatic change: domestication. By including the term REUNIDOS
the document moves away from literal translation and tries to come closer to the style in
which Spanish contracts and agreements are generally written.

Syntactically, there is a structure change, where the whole SL phrase has been condensed into
one TL term that carries the same connotation and denotation of the SL phrase. Strategically,
this shiIt is called 'modulation and, according to Vinay & Darbelnet, indicates a change in
perspective (Lpez Guix & Minett Wilkinson, 2001, p. 266) of the TT in respect of the ST:
there is a shift from concrete to abstract (one term expresses it all).

Lastly, Mayoral Asensio would assert that this linguistic adaptation is necessary to 'adapt the
expression to terms and phrases that are natural in the target language" (Mayoral Asensio,
2003, p. 60).

1
Certificate of Continuing Liability: Explicitation/ Expansion (ST 66, T T 231-232)
'CertiIicate oI continuing liability is a concept that seems to exist only in the UK, and only
within the context oI taxation. A 'certiIicate oI continuing liability is a document that
certifies that a person continues to be responsible for the payment of social security
contributions in a country other than the UK, and prevents the levying of contributions in both
the UK and the second country. The task of transferring this concept to Spanish is onerous
because of the apparent lack of a linguistic and notional concept in the TL.

'CertiIicate can be easily translated as certificado or constancia, both terms being
interchangeable in this particular context, but 'continuing liability proves a true translation
challenge. Explicitation, or expansion (Lpez Guix & Minett Wilkinson, 2003, p. 283) of the
SL term (un certificado que demuestre que los pagos se continan efectuando en el pas de
origen: 'a certiIicate that proves that contributions will continue to be made in the home
country) constitutes an approximate solution and though it is, admittedly, not the optimal
solution it does help to convey the message as naturally as possible. Including the SL term
within the TT could clutter the TT unnecessarily and confuse the target reader, since the
certificate needs to be obtained from the home country authorities.

Annotations
1

2
Certificate of continuing liability to the Home Country scheme [ST 65/66, TT 77-79]
Problem:
TL reader will probably not be familiar with British form. Question: Is there a similar form
used in German-speaking countries?
Example annotations

Requirements:
TL reader should be made aware of the fact that a similar form is used in German-speaking
countries under the designation E 101`.
Procedure:
Additional reference to form used in German-speaking countries
Solution:
Bescheinigung ber den Fortbestand der SozialversicherungspIlicht im Heimatland`
*
[in
deutschsprachigen Lndern Formular E 101] [TT 77-79]
Translation(techniques: transposition, expansion, paraphrase, ellipsis) as a descriptive
equivalent plus additional reference to cultural equivalent.

[1] overseas company/host entity [ST: 9/23]
Problems:
The 'host entity is normally reIerred to as 'AuslandsgesellschaIt in German, i.e. the one
the employee is seconded to and the home unit as 'Stammhaus or 'entsendende
GesellschaIt. As the home unit is reIerred to as 'overseas company here, using the
expression 'auslndische GesellschaIt Ior the overseas company and 'AuslandsgesellschaIt
Ior the host unit would lead to conIusion. 'AuInahmegesellschaIt Ior 'host unit might work
but has the connotation of a society flooded with refugees.
Requirements: The TL reader needs to be provided with terminology that avoids confusing
the home and the host entity.
Procedure: Modulation (change oI perspective), i. e. replace 'overseas by a term that
conveys the status oI the home entity Irom the Employee`s perspective rather than the
(presumably) British perspective.
Solution: overseas company: entsendende Gesellschaft [TT: 8], host entity:
Auslandsgesellschaft [TT: 23].

[2] tax withholding regime [ST: 87]
Problems: A literal translation does not convey enough information.
Requirements: TT text reader needs to know the tax procedure to understand this and the
subsequent sentence.
Procedure: Descriptive equivalent
Solution: In Grobritannien behlt der Arbeitgeber die Steuern vom Gehalt ein und fhrt
diese ab [TT: 101, 102].

[3] Sentence [ST: 92 - 93]
Problems: The use oI 'and instead oI 'however to link the two halves oI the sentences is
somewhat confusing as the sentence is supposed to explain that taxes are deducted despite the
fact that the item may be tax protected.
Requirements: Relation between first and second half of the sentence should be made clearer
in German.
Procedure: Adding inIormation Ior clarity, restructuring the sentence and adding what '5
above actually says.
Solution: ,jedoch' was added and inIormation in the preceding sentence was repeated rather
than just translated '(see 5 above) literally |TT: 109|.

Practical exercise writing annotations

Read the excerpt Irom an International Secondment Agreement` below.

Duration of secondment
The Home Entity seconds the Employee to __________(name of UK
company) of _________________(address) ("Host Entity) for the period
of approximately ________ months.
5 The expected commencement date is _________ or whenever all necessary
visa and/or immigration documents have been received by the Employee.
The secondment may be terminated at the Home or Host Entity's discretion
with _______ months notice, unless termination is for reasons of gross
misconduct when the secondment can be terminated with immediate effect.
10 The secondment may be extended by mutual agreement.

Write a reflective annotation, using the metalanguage wherever possible:

Your translation problem is the term gross misconduct` (ST 8-9).
x identify and explain the translation problem
x discuss potential procedures
x choose the most relevant procedure and explain your decision
x give the translation solution and a back translation

You can work in pairs or groups, drafting one annotation collaboratively. Or you can
discuss the problem, procedures and solutions and draft annotations individually.
Module 3

Register
x ppt lecture notes
x examples of mode and legal genres
x example: register clash
x sample register analysis
x worksheet: analysing register

example texts - extracts
x Law prospectus and law textbook
x Companies act
x (Long lease use text from module 1in this handbook)
x Victorian HC judgment
x Witness statement
x Employment contract
x Report on title

Reading:
Alcaraz, E. 7 B. Hughes, Legal Translation Explained (Manchester: St Jerome,
2002)
Bell, Roger, Translation and Translating ( London: Longman, 1991), pp. 184 -
196
Collins English Dictionary (London: Collins, 1984)
Garner, B., A Dictionary of Modern Legal Usage (Oxford: OUP, 1987)
Halliday, M.A.K., Comparison and translation`, in Halliday, M.A.K., M.
McIntosh and P. Strevens (eds) The Linguistic Sciences and Language Teaching
(London: Longman, 1964), pp.111-134
Halliday, M.A.K., Language as Social Semiotic: The Social Interpretation of
Language and Meaning (London: Edward Arnold, 1978)
Hatim, Basil & Mason, Ian, Discourse and the Translator (London: Longman,
1990), chapter 3,
Hodges, J.C. & M. E. Whitten, Harbrace College Handbook (New York:
Harcourt Brace Jovanovich, 1977)
Joos, Martin, The Five Clocks (New York: Harcourt, Brace and World, 1961)
Quirk, R. & G. Stein, English in Use (London: Longman, 1990), pp. 206-223
Werlich, E., A Text Grammar of English (Basel: Quelle & Meyer, 1976)

Discontinuous Syntax
x ppt lecture notes
x exercise: long lease
x answers
1
1
Register
2
What is register?
Popular perceptions
own style of language in genres and
fields of discourse
a socially or situationally defined
language style
many technical or professional
registers, e.g. medicine or law
3
Popular understanding of register
describes the level of formality within a piece of
speech or writing.
level of formality determined by the context of
utterance or writing
letter booking a holiday; e-mail to a friend; letter
applying for a job; letter to a friend;
one of the indicators of formality is the choice of
lexis.
domicile, residence, abode, home, dwelling, doss
Imbibe vs. drink; inquire vs. ask; peruse vs. read;
forthwith vs. right away / at once / immediately;
impugn vs. challenge; brethren / brother judges vs.
colleagues (Alcaraz:8)
4
Indicators of register
lexical choices
syntactic choices
x sentence-structure:
simple (one clause)
compound (two clauses)
complex (one independent and one dependent clause)
compound-complex (nested)
x passive or active constructions
x full forms or abbreviations
phonological choices
in spoken language
relate to pronunciation
5
Situational context
Texts are embedded in a context
Context determines linguistic choices
how we communicate depends on
who we are communicating with
what we are communicating about
where we are communicating
whether we are speaking or writing
These situationally determined choices express the
register of a text
Register is a language variety / language use
determined by context.
6
Variables of register
Register composed of 3 elements:
1. Field
2. Mode
3. Tenor
Allows detailed analysis
Language users automatically deploy
appropriate linguistic choices depending on
context
2
7
Field or domai n of discourse
Refers to what is going on / what sort of linguistic action
not identical with subject matter but wider and related to
two factors:
1) the situation where it occurs: political, fictional,
autobiographical, news reporting, assessing current affairs,
arousing interest in the topic (journalistic attention getting
device)
2) the linguistic activity: e.g. describing a football match,
delivering a sermon, courtroom interaction, explaining how to
swim, news reporting
textual indicators at level of vocabulary
specialised vocabulary specific to a field may be difficult to
transfer from a language with well developed vocabulary into
a language with basic vocabulary in that field
8
The mode of discourse
the technical means` oI language activity
1. Medium speech vs. written
Written language: needs to be more explicit than spoken language,
more explicit signaling such as the use of adverbs, adjectives,
punctuation, capitalisation, italicisation
Spoken language: more informal, more redundancy, incompletion,
self-correction, interjections, repetitions, etc
2. Channel audio vs. visual (vehicle through which
communication takes place: telephone, mobile, handwritten
letter, fax, email, face-to-face, etc)
Determines the language used
Abstracts are written to be read: well structured, elaborate
vocabulary, formal, concise
Conference papers are written to be spoken (inclusion of
expressions such as let us now look at`
9
Sub-categories of mode
b) overheard (to be read
as if thought)
10
Legal examples of mode:
11
The tenor of discourse
Refers to the relationship between the addresser and
the addressee /
How does the writer position the reader?
What is the interaction between addresser & addressee
4 aspects
1. Formality
2. Politeness
3. Impersonality
4. Accessibility
12
4 aspects of tenor
1. Formality
degrees of formality between addresser and addressee
2. Politeness:
a) between social groups;
b) power relations such as status, seniority, authority..
3. Impersonality
Whether the writer refers to himself or not, personal
involvement
In lectures, legal documents more impersonal than political,
religious discourse
4. Accessibility
assumptions made by the writer as to the reader`s knowledge
e.g. making specialised vocabulary explicit in specialised
fields
Formality the most complex
3
13
http://web.cn.edu/kwheeler/formality.html
Examples of 5 levels
of formalit y
14
Formality
Defined in various ways:
polite colloquial intimate
casual intimate deferential
educated / non-educated
formal - informal
detached neutral factual
emotive manipulative
authoritative
15
5 levels
Identified by Martin Joos (1962)
Often linked to formality only but cover all
aspects of tenor
Frozen
Formal
Consultative
Casual
Intimate
16
Frozen
Style for print and declamation
Highly formal
Complex syntax and structure
Low accessibility (i.e. readability not a high criteria)
Complex: contains depths of meaning only accessible in
re-reading
Word meanings can be allusive
17
Formal
Designed to inform
Text is highly logically structured (Cohesion)
organised in paragraphs which are linked explicitly
Background information is woven into the text in
complex sentences
no ellipsis
cultivates elaboration
Detached no reader orientation
Word meanings often technical, or specialised
Low accessibility
18
Consultative
Medium accessibility reader orientation
speaker supplies background information: does
not assume that receiver will understand without
it
highly organised textual structure
Explicit sign-posting of text (argument) development
emphasis and structuring devices
Standard grammar
word meanings are standard`
4
19
Casual
establishing a connection with the addressees
used for friends, acquaintances, insiders
2 defining features:
1. Use of ellipsis
includes shortened words (c`n Ior can, don`t Ior do not,
omission of non-essential words)
2. Use oI slang` (i.e. non-standard usage such as dialect,
figurative language, jargon, and non-swearing slang) not
swearing or obscene language)
interjections and syntactic structures more typical of
spoken discourse such as come on!`, well, I never` etc;
placeholders such as thing` (Ior plan, action, etc),
sloppy use oI prepositions (I`d like to see you on the
typewriter |instead oI at`|) 20
Intimate
Does not provide any background information
used between intimates where assumption is
that recipient shares knowledge base
Primarily spoken discourse but features now
present in texting and email
reduction of linguistic units to a minimum
often no full sentences, only interjections
group-specific code / jargon
Word meanings add private meanings
Identifying and labelling
Most discussions of tenor rely on labels such
as Iormal`, archaic`, standard` to deIine a
particular level of formality
Knowledge of formality level of a given
lexical or syntactic unit relies to a large
extent on familiarity with the language
Best way of identifying formality of a given
lexical unit is information in dictionaries
usage labels
21 22
Usage labels
General
words in standard vocabulary, listed in dictionaries
without special usage labels and appropriate in both
formal and informal writing and speaking
Informal
Words or expressions labelled informal or colloquial in
dictionaries
Words and structures (contractions) widely used by
educated as well as uneducated speakers but not
appropriate in a formal context
23
Usage labels 2
Standard
All general and informal words or expressions
Non-standard / not standard
Words or expressions labelled in dictionaries as
archaic, illiterate, non-standard, obsolete,
slang, or sub-standard
Not considered part of the standard vocabulary
but frequently encountered
24
Usage labels - 3
Slang
breezy, racy, extremely informal, non-standard, facetious,
offbeat words and figures of speech
Restricted to particular contexts such as a social group or
particular activity
Inappropriate in formal speech and writing
spiel, neat, cool, like
Taboo
Not acceptable in polite use
Likely to give offence
Derogatory: word with unpleasant connotations and used
knowingly
Offensive: may be regarded as offensive by person such
described even if speaker uses it without malicious intention
5
25
Usage labels - 4
Jargon
LSP as perceived by non-experts
also: LGP words that have taken on LSP meanings:
mouse`
All personnel functioning in the capacity of clerks will
indicate that they have had opportunity to take due
cognisance of this notice by transmitting signed
acknowledgment of receipt of same.
All clerks will acknowledge in writing the receipt of
this notice.
26
Examples: archaic lexical choices
1. Deed: This indenture made the ninth day
oI May 1887 . witnesseth that .`
2. an action sounding in damages`
3. it does not OLHLQWKHGHIHQGDQWVPRXWK to
say that .`
4. the deIendant cannot be heard to say .`
Alcaraz:8
27
Special usage labels - examples
Unalienable Archaic,
obsolete
Inalienable
Lift Informal,
colloquial
Plagiarise
Nowheres Non-standard,
dialect,
colloquial
Not anywhere,
nowhere
Stink Slang To be of low
quality
28
Textual indicators for tenor -1
Informal tenor:
A first-person or second-person point of view
Simple lexical choices
Simple syntactic choices
dependent clauses and short or medium independent
clauses
simple types of text structuring
Only essential conventions of punctuation and
graphic agreement
29
Textual indicators for tenor - 2
Formal tenor
Denote respect for addressee
Non-personal or first person plural point of view
Precise and complex lexical choices
Simple and complex syntactic choices
medium and long independent clauses
Simple and complex types of text structuring
Correct punctuation; text form/type graphic
conventions observed
30
Relevance of register for legal texts
Legal language archaic: old-fashioned syntax;
antiquated lexis (see Alcaraz, ch. 1)
Archaic courtesy titles / modes oI address: my learned
Iriend`, my noble and learned colleague` / your
Lordships` (House oI Lords)
Formulaic phrases: with your Lordships` permission` /
II it please the court`
Tendency to formal tenor
But: range of different genres different levels of
register
Use of and reference to supporting materials drawn
from very different fields
6
31
References
Alcaraz, E. 7 B. Hughes, Legal Transl ation Expl ained (Manchester: St Jerome,
2002)
Bell, Roger, Transl ation and Transl ating ( London: Longman, 1991), pp. 184 -
196
Coll ins Engl ish Dictionary (London: Collins, 1984)
Garner, B., A Dictionary of Modern Legal Usage (Oxford: OUP, 1987)
Halliday, M.A.K., Comparison and translation`, in Halliday, M.A.K., M.
McIntosh and P. Strevens (eds) The Linguistic Sciences and Language
Teaching (London: Longman, 1964), pp.111-134
Halliday, M.A.K., Language as Soci al Semiotic: The Soci al Interpretation of
Language and Meaning (London: Edward Arnold, 1978)
Hatim, Basil & Mason, Ian, Discourse and the Transl ator (London: Longman,
1990), chapter 3,
Hodges, J.C. & M. E. Whitten, Harbrace Col lege Handbook (New York: Harcourt
Brace Jovanovich, 1977)
Joos, Martin, The Five Clocks (New York: Harcourt, Brace and World, 1961)
Quirk, R. & G. Stein, Engl ish in Use (London: Longman, 1990), pp. 206-223
Werlich, E., A Text Grammar of Engl ish (Basel: Quelle & Meyer, 1976)
Examples of mode and legal genres / activities

Speaking Writing
Conversing: cross
examination
To be spoken as if not written: closing
speech, opening speech
Monologue: evidence in chief Written to be spoken: judgment
Reciting: witness coaching Written to be read: text books, legislation,
contracts, applications, etc

Written to be read as if heard: transcript
Written to be read as if overheard: witness
statements relating to hearsay

Example: register clash

Dear Sue,

Unfortunately Jay is away from the office until Tuesday morning. I trust it can wait
until then.

Kind regards,

John

ppDr J L Carson-Williams BA, MLitt, DipG, FCIL, Spanish in Spain, Cliveden House, 6
Cliveden Terrace, Cliveden, Hants PO10 3NL, UK.

----- Original Message -----

Hi Jay,

Any news on the exam texts ? I need them by the end of April if poss so can run them past the external
for approval and get them off to the various exam centres in plenty of time.

Hope all well generally, both PGCTS wise and everything else wise!

Miaow!

Abrazos,

Suzanita
PS Time for a tinto soon I think!

Sample register analysis

Title of document: Employment contract Textual indicators
Field
Domain Law employment law

Domain specific lexis: shall be employed; terms of engagement; fixed-term
period during his employment
Unusual. service agreement
Activity Specifying terms of employment: rights
and obligations of employer and
employee standard agreement -
binding
Shall be employed; it is hereby agreed; shall be paid; shall be entitled; hereby
agrees not to disclose
Typical macrostructure
Mode
Medium Written to be read Macrostructure: numbered outline with points and sub-points; headings in
capitals and underlined; sustained syntax; no redundancies; key components
bolded
Channel Visual ; hard copy Nothing unusual would only be interesting if by email, for example
Tenor
Formality Formal

Standard to formal lexis: endeavour, salary, promote; with some
archaisms/fro:en features. this 10
th
dav ; precise lexical choices (6.1 will . be
eligible to become and remain a member ., except for (shall endeavour to
promote and develop business. ; mixture of complex and compound sentences
(esp. para 8.1); correct punctuation - monologic no interruption
Politeness Appears to be between equals but
favours employee

Rights and obligations on same level (shall) but vague description of 3. Duties
and precise instructions in 4. and 6. and 7. indicate sales director in position of
power
Impersonality Impersonal

Many passives throughout: be employed; be terminated; be paid; be entitled;
reference to functions rather than persons: the sales director, the board; the
company;
Accessibility Low: aimed at educated reader

Unexplained use of complex cohesive devices: (aforesaid; set out below; during
or thereafter; any such information); LSP (covenant, termination; exclusive
jurisdiction; on behalf ;)
Sample register analysis

Worksheet: Analysing register

Title of document: Textual indicators
Field
Domain

Activity

Mode
Medium

Channel

Tenor
Formality

Politeness

Impersonality

Accessiblity

A The Law course at Cambridge is intended to
give a thorough grounding in the principles of
law viewed from an academic rather than a
vocationai perspective. There are opportunities
5 to study the history oflaw ard to consider
the subject in its wider social context, The
emphasis is on principle and technique. Skills
ofinterpretation and logical reasoning are
developed, and students are encouraged to
10 consider broader questions such as ethical
judgement, political liberty and social ontrol.
B Although many undergraduates who read
law do so with the intention of practising,
many do not, preferring instead to go into
15 administration, industrial management or
accountancy. Candidates intending to read
law need not have studied any particular
subject at school. It is as commn for
undergraduates to have a scientific or
20 mathematical background at Alevel as it is
for them to have studied history or languages.
C Undergraduates.reading law for three years
take Part IA ofthe Tripos at the end ofthe first
year. This comprises four papers: Criminal
25 Law,Constitutional Law, the Law ofTort and
'(l''.' ,-'-'.
q' i..*-\ r-r-!.
Roman Law. In the second year five subjects
are studied for Part IB ofthe Law Tbipos
which is taken at the end ofthe year. The
range ofsubjects on offer is wide
-
from
Family Law to International Law
-
though in
plactice most undergraduates take Contract
and Land Law as two oftheirpapers. ln the
third year, five.subjects are studied for Part II
ofthe Tlipos. The range ofoptions is even
viiider than in Part IB, According to preference
an undergraduate may develop his or her
interest in property law
(including
trusts and
conveyancing law), cornmercial law, public
law
(including
Administrative Law and EEC
Law), or in more academic and sociological
aspects of law, such as.Iurisprudence, Legal
History, Labour Law and Criminology.
Candidates may also participate in the
seminar course, submiting a dissertation in
place oforie paper.
Candidates for the postgraduate LL.M. take
any four papets selected from a wide range of
options in English Law, Legal History, Civil
Law, Public Law,Internatinal Law, and
Comparative Law and Legal Philosophy.
D
30
a
40
46
50
e
\
_1"
cr-i-r \. i- c\<-
t-

t-i
:Lt'.-\.
{.' \ .,-: r'i'r
\-<. . \
L--.<-r---l*1.,
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i The literal rule
-
The cardinal rule is that the
words of an enactment must primafaciebe
interpreted in rheir o r dina r y, I i te r al o r g r antm at.ic al
sens. And providecl that so to interpret them does
not give rise to.some absurdity, repugnancy'
. .
inconsistency or ambiguity the court is not entitled
to construe them loosely or fancifully, even if a
strict construction appears to it to lead to a wrong
result.
ii The golden rule
-
Here we may cite Lord
Wensleydale inGrey v. Peason (1857) 6 H'L' Cas.
61 at 106: 'In construing statutes', he said,'the
grammatical and ordinary sense of the words is to
6e adhered to'; in others words, the literal rule is to
be applied. This is how a lawyer takes his first look
at an nactment; but perforce, for such is often the
case, Lord Wensleydale went on to say if this
approach proves unsatisfactory as leading to 'some
abiurdity, or some repugnuncy ot inconsistency
.
with therest of (the statute)'then'the
grammatical
and,ordinary sense of words may be modifiedso as
to avoid that absurdity and inconsistency, but not
further'
. ilhis is the so-called'Golden Rule': be
itrict in interpretation, but modify the construction
where essential so as to avoid absurdity or
inconsistency. How, then, is such modifrcation to
be approached?
iii Consider the whole enactment- If the use of the
'Golden Rule',leads to the conclusion that the
words under consideration produce absurdity,
repetitiveness, inconsistency or redundancy the
next thingthe lawyer must do is to look at the
whole of ihe enactment in question. For what
seems absurd or redundant as it stands may take on
meaning in the light of the whole context'
40
iv The history of the enactment
-
The word
'history' is here used in a double sense, In the first
sense ii signifres the gen esis of the enactment itself:
its progress through Prliament and the debates
and discussions which produced it. Nothing would,
perhaps,.seem more sensible than that the courts
should consider these things in order' to discover the
true intention of the legisltors. But, though
travaux prparatoires are freely referred to in
Europen cburts (though not, t seems, in the Court
of Justice of the European Communities itself), the
rule at present is that the'historyl in this sense may
notbe ref.erred to; and the main argument in favour
of this is that debates are two or many-sided affairs
from which no sure indication can be gained.
Hansardl is thus not to be cited.
A second sense of the word 'history' in this
context signifi es the background againstwhich the
statute s passed. This may include, for instance, a
previous series of enactments in the same field as
ihe Act to be interpreted (often, misleadingly,
called the'parliamentary history' of the enacrment)
and it may also includesuch matters as the general
social, poiitical and legal background prevailing at
the time of the passing of the Act. It r's permissible
and generally dsirable for the court to consider the
'history' in these senses; though a House of Lords
decision has emphasized that in interpreting a
consolidating statute (one which brings together a
series of previous enactments), unless the word or
phrase in the consolidating enactment is
ambiguous, there is to be no recourse to the
statutes consolidated.
1. Hansardisthe irame of the official report of debates in
the UK Parliament.
45
i0
50
15
55
-'20
60
i. 25
65
.:(
30
35
Philip S.
James,
Introduction to English Law
-\-'q,x-'\-\>
c! c:-\r-_
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't
COMPANIES ACT I985
Page I of65
NOTE: Seuls sont reproduits ci-dessous des extraits, en raison de la longueur de cette loi (747
articles et des annexes volumineuses). Les articles non reproduits sont suivis du symbole:
[...1.
Ce texte est
jour
du 3l mars 2004.
COMPANIES ACT 1985
An Act to consolidate the greater part of the Companies Acts
I
I I March 1985]
PART I FORMATION AND REGISTRATION OF COMPANIES; JURIDICAL STATUS AND
MEMBERSHIP
CHAPTER I COMPANY FORMATION
Memorandum of association
l. Mode of forming incorporated compny.
(l) Any two or more persons associated for a lawful purpose may, by subscribing their names to a
memorandum of association and otherwise complying with this Act in respect of registration, form an
incorporated company, with or without limited liability.
(2) A company so formed may be either:
(a) a company having the liability of its members limited by the memorandum to the
amount, if any, unpaid on the shares respectively held by them (" a company limited by
shares");
(b) a company having the liability of its members limited by the memorandum to such
amount as the members may respectively thereby undertake to contribute to the assets of
the company in the event of its being wound up (a company limited by guarantee"); or
(c) a company not having any limit on the liability of its members ( "an unlimited
company")
(3) A "public company" is a company limited by shares or limited by guarantee and having a share
capital, being a company:
(a) the memorandum of which states that it is to be public company, and
(b) in relation to which the provisions of this Act or the former Companies Acts as to the
registration or re-registration of a company as a public company have been complied with
on or after 22 December 1980;
and a "private company" is a company that is not a public company.
(34) Notwithstanding subsection (l), one person may, for a lawful purpose, by subscribing his name to a
memorandum of association and otherwise complying with this Act in respect ol registration, form an
incorporated company being a private company limited by shares or by guarantee.
(4) With effect from 22 December 1980, a company cannot be formed as, or become, a company limited
by guarantee with a share capital.
2. Requirements with respect to memorandum.
(l) The memorandum of every company must state:
(a) the name of the company
(b) whether the registered offce of the company is to be situated in England and Wales, or
in Scotland;
(c) the objects of the company.
http://britlaw.free. frlcompany/companies_act_ I 985.htm
s128t2009
COMPANIES ACT I985
Page 2 of65
(2) Altematively to subsection (l)(b), the memorandum may contain a statement that the company's
registered office is to be situated in Wales; and a company whose registered office is situated in Wales
may by special resolution later its memorandum so as to provide that its registered office is to be so
situated.
(3) the memorandum of a company limited by shares or by guarantee must also state that the liability of
its members is limited.
(4) the memorandum of a company limited by guarantee must also state that each member undertakes to
contribute to the assets of the company if it should be wound up while he is a member, or within one year
after he ceases to be a member, for payment of the debts and liabilities of the company contracted before
he ceases to be a member, and of the costs, charges and expenses of winding up, and for adjustment of the
rights of the contributories among themselves, such amount as may be required, not exceeding a specified
amount.
(5) In the case of a company having a share capital:
(a) the memorandum must also (unless it is an unlimited company) state the amount of the
share capital with which the company proposes to be registered and the division of the
share capital into shares of a fixed amount;
(b) no subscriber of the memorandum must take less than one share; and
(c) there must be shown in the memorandum against the name of each subscriber the
number ofshares he takes.
(6) Subject to subsection (64), the memorandum must be signed by each subscriber in the presence of at
least one witness, who must attest the signature.
(64) Where the memorandum is delivered to the registrar otherwise than in legible form and is
authenticated by each subscriber in such manner as is directed by the registrar, the requirements in
subsection (6) for signature in the presence of at least one witness and for attestation of the signature do
not apply.
(7) A company may not alter the conditions contained in its memorandum except in the cases, in the
mode and to the extent, for which express provision is made by this Act.
3. Forms of memorandum.
(l) Subject to the provisions of sections I and 2, the form of the memorandum of association of:
(a) a public company, being a company limited by shares,
(b) a public company, being a company limited by guarantee and having a share capital,
(c) a private company limited by shares,
(d) a private company limited by guarantee and not having a share capital,
(e) a private company limited by guarantee and having a share capital, and
() an unlimited company having a share capital,
shall be as specified respectively for such companies by regulations made by the Secretary of State, or as
near to that form as circumstances admit.
(2) Regulations under this section shall be made by statutory instrument subject to annulment in
pursuance of a resolution of either House of Parliament.
34. Statement of company's objects: general commercial company.
Where the company's memorandum states that the object of the company is to carry on business as a
general commercial company:
(a) the object ofthe company is to carry on any trade or business whatsoever, and
(b) the company has power to do all such things are incidental or conducive to the carrying on of any
trade or business by it.
4. Resolution to alter objects.
(l) A company may by special resolution alter its memorandum with respect to the statement of the
company's objects.
(2) If an application is made under the following section, an alteration does not have effect except in so
far as it is confirmed by the court.
http://britlaw. free.frlcompany/companies_act_ I 985.htm s/28t2009
COMPANIES ACT 1985
5. Procedure for objecting to alteration.
Page 3 of65
(l) Where a company's memorandum has been altered by special resolution under section 4, application
may be made to the court for the alteration to be cancelled.
(2) Such an application may be made:
(a) by the holders of not less in the aggregate than 15 per cent in nominal value of the
company's issued share capital or any class of it or, if the company is not limited by
shares, not less than l5 per cent of the company's members; or
(b) by the holders of not less than 15 per cent of the company's debentures entitling the
holders to object to an alteration of its objects;
but an application shall not be made by any person who has consented to or voted in favour ofalteration.
(3) the application must be made within 2l days after the date on which the resolution altering the
company's objects was passed and may be made on behalf of the persons entitled to make the application
by such one or more of their number as they may appoint in writing for the purpose.
(a) The court may on such application make an order confirming the alteration either wholly or in paft
and on such terms and conditions as it thinks fit, and may:
(a) if it thinks fit, adjourn the proceedings in order that an arrangement may be made to its
satisfaction for the purchase of the interests of dissentient members, and
(b) give such directions and make such orders as it thinks expedient for facilitating or
carrying into effect any such arangement.
(5) The court's order may (if the court thinks fit) provide for the purchase by the company of the shares of
any members of the company, and for the reduction accordingly of its capital and may make such
alterations in the company's memorandum and articles as may be required in consequence of that
provision.
(6) If the couft's order requires the company not to make any, or any specified, alteration in its
memorandum or articles, the company does not have then power without the leave of the court to make
any such alteration in breach of that requirement.
(7) An alteration in the memorandum or afticles of a company made by virtue of an order under this
section, other than one made by resolution of the company, is of the same effect as if duly made by
resolution; and this Act applies accordingly to the memorandum or afticles as so altered.
(74) For the purposes of subsection (2)(a), any of the company's issued share capital held as treasury
shares must be disregarded.
(8) The debentures entitling the holders to object to an alteration of a company's objects are any
debenture secured by a floating charge which were issued or first issued before I December 1947 or form
part of the same series as any debentures so issued; and a special resolution altering a company's objects
requires the same notice to the holders of any such debentures as to members of the company.
In the absence of provisions regulating the giving of notice to any such debenture holders, the provisions
of the company's articles regulating the giving of notice to members apply.
. Provisions supplementing subsection 4, 5.
(l) When a company passes a resolution altering its objects, then:
(a) if with respect to the resolution no application is made under section 5, the company
shall within l5 days from the end of the period for making such an application deliver to
the registrar of companies a printed copy of its memorandum as altered; and
(b) if such an application is made, the company shall:
(i) forthwith give notice (in the prescribed form) of that fact to the registrar;
and
(ii) within l5 days from the date of any order cancelling or confirming the
alteration, deliver to the registrar an office copy ofthe order and, in the case
of an order confrming the alteration, a printed copy of the memorandum as
altered.
(2) The couft may by order at any time extend the time for the delivery of documents to the registrar
under subsection (l)(b) for such period as the court may think proper.
(3) lf a company makes default in giving notice or delivering any document to the registrar of companies
http ://britlaw. free. frlcompany/companies_act_ I 985.htm 5/28/2009
COMPANIES ACT I985 Page 4 of65
as required by subsection (l), the company and every officer of it who is in default is liable to a fine and,
for continued contravention, to a daily default fine.
(
)
The validity of a alteration of a company's memorandum with respect to the objects of the company
shall not be questioned on the ground that it was not authorised by section 4, except in proceedings taken
for the purpose (whether under section 5 or otherwise) before the expiration of 2l days after the date of
the resolution in that behalf.
(5) Where such proceedings are taken otherwise than under section 5, subsections (l) to ( 3) above apply
in relation to the proceedings as ifthey have been taken under that section, and as ifan order declaring the
alteration invalid were an order cancelling it, and as if an order dismissing the proceeding were an order
confirming the alteration.
Articles of association
7. Articles prescribing regulations for companies.
(l) There may in the case of a company limited by shares, and there shall in the case of a company
limited by guarantee or unlimited, be registered with the memorandum articles of association signed by
the subscribers to the memorandum and prescribing regulations for the company.
(2) In the case of unlimited company having a share capital, the articles must state the amount of share
capital with which the company proposes to be registered.
(3) Articles must:
(a) be printed,
(b) be divided into paragraphs numbered consecutively, and
(c) subject to subsection (34), be signed by each subscriber of the memorandum in the
presence of at least one witness who must attest the signature.
(34) Where the articles are delivered to the registrar otherwise than in legible form and are authenticated
by each subscriber to the memorandum in such manner as is directed by the registrar, the requirements in
subsection (3Xc) for signature in the presence of at least one witness and lor attestation of the signature
do not apply.
8. Table A, C, D, and E
(l) Table A is as prescribed by regulations made by the Secretary of State; and a company may for its
articles adopt the whole or any part of that Table.
(2) In the case of a company limited by shares, if articles are not registered or, if articles are registered, in
so far as they do not exclude or modify Table A, that Table (so far as applicable, and as in force at the
date of the company's registration) constitutes the company's ar-ticles, in the same manner and to the
same extent as if articles in the form of that Table had been duly registered.
(3) If in consequence of regulations under this section Table A is altered, the alteration does not affect a
company registered before the alteration takes effect, or repeal as respects that company any portion of
the Table.
(4) The form of the articles of association of:
(a) a company limited by guarantee and not having a share capital,
(b) a company limited by guarantee and having a share capital, and
(c) an unlimited company having a share capital
shall be respectively in accordance with Table C, D or E prescribed by regulations made by the Secretary
of State, or as near to that form as circumstances admit.
(5) Regulations under this section shall be made by statutory instrument subject to annulment in
pursuance of a resolution of either House of Parliament.
84. Table G
f
Article non reproduit ici - cet article a t introduit par le Companies Act de 1989 (section 128) nais n'esl jamais
entr en vigueur, d'o son omission)
9. Alteration of articles by special resolution.
(a) Subject to the provisions of this Act and to the conditions contained its memorandum a company may
http://britlaw. free.frlcompany/companies_act_ I 985.htm s128t2009
An offer, to be capabe ofacceptance, must
involve a definite promise by the offeror that he
will bindhimself if the exact teims specified by
him are accepted.
An offer may be made either to a particular
person or to the
Public
at large.
-
Ifan offer takes the form ofa promise in
return fr an act, the performance of that act is in
itself an adequate indicatioir of assq4t
:.,,
..
: i'
'
Appptl from a decision of Hawkins, J'
; .
The defendants, who were the proprietors.
and vendors of a medical preparatin called
'
"The Carbolic Smoke Ball," in'serted n t}rre Pall
MllGzetteof November 13, 1891, and in other
newspapers, the following dvertisement:' ' ''
"1001. rewad will be paitl by ttre Cartotic
Smoke Ball Company to any person who conracts
the incneasing epidemic influenza, colds;9r any
disase cause by taking cold, after having used
the ball three times daily for two weeks according
to he printed directions supplied with each ball'
1000/.is deposted with the Allince Bank'
Reeentstreet,shewingoursincerityinthe'
matter. During the last epidemic of influenza
manv thousand carbolic smoke balls were sold ds'
;;il;i;ei*t tru. disease, and in no
scertined cse was the ilisese contractedby
those using the carbolic smoke ball. One carbolic
smoke ballwill last a family seYe]4
+q!bb,
.
making it he cheapest remedy in the world at the
' ,price,
10s; post free. The ball can be refilled at a
ost of5s. Address, Carbolic Smoke Ball
35 Company,27, Princes Stret, Hanover Square,
London."
The plaintiff, a lady, on the faith of this
advertisement, bought one ofthe balls at a
chemist's, and used it as directed, three times a
40 day, from November 20, L891, to January 17;
1892, when she was attacked by influenza.
HIwKINS, J., held that she was entitled to
recover the 100. Th defendants appealed.
LINolnv, L.J., delivered
judgment
45 dismissing the appeal.
BoweN, L.J. I amoftle sme opinion. We
were asked to say that, this document was a
contract too vagueto be enforced.
The first ob"servation which arises is that'
lhe
,
50 document itself is not a contract at all, it is only
. an offer.made to the public. The defendants
contend next, that it is an offer the terms of
'
which are too vague to be treated as a definite
offer, inasmuch as:there is no limit of time fixed
55 for the
alching
ofthe influenza, and it cannot be
supposed that the advertisers seriously meant to
.-
- - -
lTSl= i"-p-g
3oi:v-'3 ::"iv- t"i1"3i3
catches the influenza at any time after the
inhaling of the smoke ball. It was urged-1Io,
60 that if yu look at this document
you will find
much vagueness as to the peisons with whom
the contct was intended to be made-that, in
the first place, its terms are wide enough to
include
fersons
who may have used the smoke
65 ball befre the advertisement
was issued; at all
events, that it is an offer to the world in general,
and, alio, that it is unreasonable to suppose it to
be a definite offer, because nobody in their
'
ttt..t would contract themselves out of the
zo pportunity of chec\ing theexperiment
which
ris going [o be made at their own expense' It is
ls ontnaed that the adverbisement
is rather
in the nature of a puflor a proclamation than a
promise or offer intended to mature into a
?5 ontract when accepted. But the main-point
seems to be that the vagueness of the document
shews that no contractlhatever
was intended'
Carlill v. Carbolic Smoke Ball Co.
t18931
r
Q.B:256
10
i7 X\<..'-
L\-L.-1
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<-r*k <s=k
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i1H
:'20
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:25
30
IN THE EMPLOYMENT TRIBUNAL
BETWEEN
CASE NO, 1,28942/02
Applicant
Respondent
Ludgate Hill;
CFIARTES E. SCOVILLE
and
BANNERMANANDLAW(atum) .
I,'Detective Constable
]ack
Clouseau, care of Bow Street
police
Station,
London, hereby states as follows
\-rJ
i
\-
rr-r;;-:;:>
.-:-,
\-.2*L<3-rtg-b
L. On the morning of Monday 26 ApnL,2007 Iwas on drty at Bow Street Police Station.
Actirig on information received I attended the office'oi.Bannerman and'Law,'solici-
tors, at L1 The strand, London at9.45 a.m. thatmorng along with
p.c.
capriati.,' .
2. As we arrived a middle-aged man came to the main
"tturr.to
meet us, ientifuine
himself as Mr Henry v9r Managng Parhrer of Bannerman and. Law. HJ api
q".u.."d
quite,agitate, intimating 'live\ot him,
f
multi-milio;'pound Feri
drivingswindler!'
.
:,:
':.'::i,,
':r,
:,''.
,.
3. lvlr Moore was insisting vehemently that we should arrest another individual atso in the.
reception area who heiept pointing ro. Mr Moore was remonsh"u" tr-,lu-ri";t;;-
,
dividual who
g
ieferred to as Chales Scoville, had stolen.2 milllo from Bannermari'
and [aw. Mr Moore clearly wanted us to arrest this man and take him into custody.
4. P.c. capriati tried. to calm Mr Mooe down while I spok'e to the other mur,, *h .on-'
firmed he was indeed Charles scoville. M scovi[ also told me that he was em:
ployed as a cashier with Bannerman and. Law, hd dpne nothing wrongr;rnd hadlno
iewtatgenryMoorewasgoingonabout,.'
5. P.C. Capriati and I then invited lv{r Scoville to come with us into a'small:empty office
adjoining the reception area. We explained to Mr Scoville tat he :ryas not t t "i uo"rt
and that we merely wanted to have an infoimal chat with hlm, rtds.was with a view
to establishing the full situation, Charles Scoville replied 'Please, call me Chqles, I rn i
more than happy to co-operate. I am an entirely inrotent pariy in all this
t, .
,t , , ,
,
6; My colleagug and I therefore went ntthe small
.offic_e'i,vitfr,Caes
Scovi[ and ex-
plained to him that Mr Moore was alleging he'd misappropriated n2 million fim:,
Bannerman and Law. charles scoville replied 'Tht's ridiculous, wliy on'earth
. should he think
!t?
oh good grief,wait aiinutet Ifs
lhq
Ferrari isn' iizr,He thn;
went on to explain that on the wdriesday of the previous'week he'd been'onq of
three lucky jackpot winners of the national lottery and had won just vei.f4.g mil-.
Signed
Date
D.C. Clouseau
i
I
i
-'-?
\ c'
r-ii r-:-r-c:-s-.lf
(:-c -r.-ai:
C't
iiq
;$
:.4. ,
r',.;'.
l.!.1
"i
;.r.
6. PENsiqsHEME
)
,
:
..' ,
'.
';'
,;
. '
,O.f,1,fr" Sales Dector will,throughoui his emPloyme4t'.with;the Colnparty*be
"
. ;tt51]f*
4"1" imember of or Cmpan1"e penson'scheme'
The
. , companr *,u p";-|i',];;i"".cli"*
o" u""tt of the sles
Djctor an amount equa!,to 47o of his .*u;-.r-i"qy. a*ing ti" employrr.ent
with the ComPanY.
JsmafJ,tLg,,l
Sarah Hall
Citv Plaza
London
EC2A.
Dear Sarah
YOUR PURCHASE OF
LONDON"
I enclose the contract (which is yet to be approved by the seller's solicitors), subject to
any comments you
may have. Briefly, the contract provides
as follows:
rs'ii
flexibility in your negotiations with the seller.
(c) When contracts are exchanged a deposit of 10% of the purchase price is payable
to the seller's solicitors who will hold it as stakeholdeis, This means itrat tne
seller will not have access to the deposit money until completion of the purchase
unless the seller has a related purchase
in which case she may use your
deposit
as a deposit on that purchase.
(d) Before we exchange contracts, I need to agree a completion date with the seller's
solicitors, Please let me know your preferred
date for completion,
(e) lf you
do not complete on the completion date and it is your
fault, you must pay
nterest' (at the rate of 4o/o ovt base rate of Natwestj on the balance of
'th
purchase
money from that date until the date you actually complete.
(f) The seller is also entitled to serve on you a Notice to Complete, requiring you to
complete the purchase
within 10 working days of the date of service of the notice.
26-27 creal Sutton Stroot, Clorkonwell, Lndon ECfV ODS
Swltchbord: (020) 70.f7 5600 Fax: (020) Z08 0Ols
0X53337CLERKENWELL cloggmnust.co.uk
Rchlrd Clc0{r. Strrotr lucl. Roslrnirx Uddn (f'rl,\rr)
^ddr
fdloy, Sdrcy Cilc {Coilsur3rtst
., i't;-\' C-r"r'V\C;
ffilef'
ontract
some you aitow so as to
OR:
YR:
DD:
E:
RU.1783
020 7847 5606
roshonara@deggmanuel.co.uk
28 July I
.!i(
iii
(a)
The name.of
;.-ht;;';i*i
cleggma3H,"e,.!
28 July
Paga 2
lf you fail to complete by this date, the seller may forfeit the deposit and also sue
you for any additional damages which the seller may sutfer because you failed to
complete.
lf the seller does not complete, you may sue him to force the seller to complete.
ln addition, after serving a Notice to Complete, you may bring an action against
the seller for any damages which you may suffer as a result of the seller's failure
to complete.
lf the seller does not complete on the completion date but shortly aftenrards, you
may not claim interest.
The flat is being sold in its present state and condition. I therefore recommend
that you obtain a full structural survey of the flat prior to exchange of contracts so
that you are aware of any defects which your surveyor is able to identify.
The contract provides that you have not entered into the contract on the basis of
any representation made by the seller or anyone else on behalf of the seller,
(g)
(h)
(i)
o
;,sji.$Wu*:ou'o
whioh l'have
Ithiitjdb,you' ti::tittl,
iinirie n'ihe
mentioned in the
contract, please let me know immediately.
TITLE
3.
3.1
*ri;:
Stamp duty of '
{being
10/o of the purchase price) must be pad on the transfer of
the flat nto your name. The fee to register the transfer at the Land Registry is 150.
The flat is described as
London and shown edged red on the enclosed plan attached to the lease. lf
this plan does not correctly show the extent of the flat which you believe you are buying
please let me know immediately.
LEASE
As I mentioned above, the flat is subject to a lease. The main points of that lease are
as follows:
Freeholder
The freehold s owned by Laing Homes (North London) Ltd co/ Peveral Om
Malborough House, Wigmore Place Luton LU2
gEX,
Managing Agents 3.2
cleggmajl,,t{,$l
The freehorder
emproys peverer
oM as. managing
agents
to
.maaoe
the buirding
of
which your
ftat ror11.^??1._".-.n"tp,
,ggJr
si
91t^1!o_ve
rhey
may oe
contacted
by terephone
on 01582
sgibo
and by fax on oisez
393 701.
Term
trJ"'"nithe.
lease
s 125
vears from 1 september
rge9,
with approximatery
11e
Ground
Rent
The ground
rent is 150 per year
for the first 25 years
of the term of the lease
and wll
be changed
after the 25
i;;r. r,J'giino
rent is payabre
harf yearry
in advance.
Servce
Charge
28 Juty'
Page
3
3.3
3.4
3.5
7:t,
J
ili-WM"*ffiffili,$#
The
seller's
solicitors
dd not oa:
ffi :,iffi
,",ff
il',"*,"i"r*;ffi':ii{"i1i:i:i}fi
}:i*':t,,,..",i;
Ie.ars.
r have
"oott"
are any major
works
sctreolei
rr tne flat in the next two
$:,:r:*d"-,'yJ;ifh';$,:ii:1"'::1il{:l:L:i"rlh:n
:?lii:*l;:.r"ii:#:,,_!;fJ.iiJ:l?:n"ili,lyk:li,g:
The service
charoe.accounts
for 2004.sjro-ws
there
was a defcit
in the accounts
and it is possibr
ther;;;;1u';ierci
wrr"
ir,'iounts
2005
have
been
finatised'
r have
therefore
."["ir
"e'e,s
sii"iio-rJo
confirm
that rhey wi'
;:
j
i il H .; l
i: U:.'tj*i:i",,Ji
i
'.;
",'

";
i;; i ii J, t"
",, "
cleggmalJ,,!f,gJ
3.6
Sarah Hall
28 July
Page 4
lnsurance
The freeholder is responsible for insuring the buildng. The insurance details are as
follows:
(a) The insurers are Norwich Union;
(b) The amount of cover s e
(c) The cover expires on 30 June .
(d) The policy
number is PM007S71CHC; and
(e) Your share of the premium
will be incruded in your service charge.
Lease rights and covenants affecting the tenant
The lease contains a number of covenants that you,
as the leaseholder must observe.
'';ri:flti"#";:;iia;H*iil'ffjt sl;
"
.
:,i,''';'r1;f
,
l
rw'r"
(b) To allow the freeholder (with or without workmen) to enter the flat and examine
its general
condition and state of repair;
3.7
ir:':'i
(f) Not to do anything which may invalidate the freeholder's insurance of the
buitding;
(g) To allow the occupers of other flats in the building into your flat to let them carry
out repairs to their own flats;
(h) To keep all the sinks, baths, showers, waste and soil pipes
clean and unblocked;
(i) Not to assign, sub-let or part with possession
of only part
of your flat;
0)
To use the flat only as a private
resdence for the occupation of a single family;
(k) Not to use the flat for any illegal or immoral purpose;
(l) Not to make any noise in your
flat which may be audble outside the flat or which
may cause a nuisance or annoyance to a neighbour; and
\-' \-/
solicitors
Page 6
There is a redemption penalty if you repay the whole or any part of the loan during the
discount period and the maximum
you could end up paying is 2,550 if you redeem
before 31't August 2006
Before completion takes place, you must sign the mortgage deed at this office (to
enable us to witness your signature). When you come to the otfice, please bring with
you at least two forms of identification, including your passport. lf you do not have a
current passport, ptease ensure,that you have at least one form of photo id.
You should have received from your lender a copy of the mortgage conditons
applicable to your loan. I urge you to read the conditions in detail and ensure that you
are aware of the terms of the mortgage. I set out below a brief summary of the more
important and relevant terms of your mortgage:
. You must keep the flat in good repair and avoid damaging it;
.
You must
pay your property bills (utility bills, council tax, ground rent, etc) on
time;
. You must make sure that the flat is proper:ly insured at alltimes;
, You may not sublet the flat;
. You must keep up your repayments on the moftgage; and
The seller's solicitors have provided replies to a number of enquiries relating to the flat.
I am therefore able to draw your attention to the following:
(a) The seller is not aware of any disputes affecting the flat and the seller has not
received any notices relating to the flat;
(b) The flat has the benefit of all mains services,
(c) There are no guarantees which benefit the flat;
(d) The flats falls into Band C for Council Tax purposes and the tax
payable for 2005
is :
cleggma3H,F,!
28 July'
Page 7
I enclose a fixtures, fittings and contents
questionnaire which has been completed by
the seller. Please let me know if there are any items shown on this form which you are
expecting to be included in the sale, but which are stated to be excluded.
SEARCH
The search reveals that has been adopted by the local authority
and is maintained at public expense. The search also reveals that there are no
proposals for the construction of new roads or the alteration of existing roads within
200 metres of the flat.
The flat is in a smoke control zone. The search does not give any information about
possible development of neighbouring flat. lf the likelihood of such development
concerns
you, you can make personal enquiries at the local authority to ascertain the
lkelihood of such development.
The search does not reveal any charges, enfcrcement notices or
proposals for
compulsory
purchase or other adverse matters affecting the flat.
6,
tn;' ' ,iii!
r,
. I shall use the deposit from the sale as deposit on the
purchase.
. Please let me have your instructions regarding a completion date.
I look forward to hearing from you.
With kind regards
cleggma;,1,F,1
28 July'
Page 5
(m) Not to hang any clothes outside the windows of the flat.
The lease grants you a right of way over all the common
parts of the building and
you
also have the righi to enter any other flat in the building in order to carry out repairs to
your own flat.
Freeholder's covenants
The obligations of the freeholder under the terms of the lease include the following:
(a) To insure the building against fire and other risks;
(b) (Providing your request is reasonable), to
produce to you a copy of the current
insurance
policy and receipt for the most recent
prernium;
(c) To keep the communal and structural
parts of the building in a good and
substantial state of repar and decoration;
3.8
t-(:
r thqt,the landing,
,+i,pp,
iqy
: lit,t$
freeholder has deliberately caused such lapse).

Your lender has agreed to make a loan to you to help
you to purchase the flat' The
main terms of the loan are:
. Amount of the loan: cf which el
only.
is repayment and . interest
. Term of the loan: 25 years
. lnitial annual interest rate: 5.290%
. Duration of the initial interest rate: Until 3'1 August .
. Subsequent interest rate: Variable.
There are also a number of special conditions in the mortgage offer, of which you
should be aware:
8/19/2010
1
Discontinuous Syntax
Dr. Amos Paran
Dept. of Learning, Curriculum and
Communication, Institute of Education
1
Session outline
Word classes in English
Words and Phrases
Coordination of words and phrases
Basic sentence structure in English
Sentence elements
Adverbials and their importance in Legal
English
Sample sentences for analysis
2
Word classes of English
Open classes:
Noun
Verb
Adjective
Adverb
Closed classes:
Pronouns he, she, it, me, this
Prepositions to, at, towards, before
Conjunctions and, or, but, if, unless, since, before
Auxiliary verbs do, be, have; must, shall, will
Determiners the, a (an), every, all, some
3
Word classes and phrases
Words can be the heads of phrases:
Noun head of Noun Phrase. The head can be
pre-modified or post-modified, or both.
e.g.
The Company shall accept said sum in full and
final settlement of all obligations
and liabilities under the Contracts.
4
Coordination
Phrases can be coordinated i.e. they can enter
into a relationship of equals with a phrase of
the same category: N with N, Adj with Adj, NP
with NP, VP with VP, etc.
The main coordinators in English are:
and, or, but
5
Examples of coordination
As part of said release and discharge, the
parties covenant not to seek arbitration or to
sue each other with respect to anything that is
subject to said release and discharge, but
nothing in this Article 2 shall prevent any party
from asserting or pursuing any claim for
breach of the terms of this Agreement or any
express warranty contained herein.
6
8/19/2010
2
Coordination of Prepositional
Phrases
The head of the prepositional phrase is the
Preposition
The preposition is nearly always followed by a
Noun Phrase
Many prepositional phrases are themselves
included in a NP which may itself be part of a
PP, which may be part of a previous NP, which
/
7
Prepositional Phrases
IN consideration of the Premium now paid
by the Lessee to the Developer at the direction
of the Lessor (the receipt whereof is hereby
acknowledged) and of the Rent hereinafter
reserved and contained.
Which examples of coordination are there here?
,
8
Basic sentence types in English
SV She laughed.
SVO She saw him.
Test for objects they can become the subject of a passive
sentence:
He was seen by her.
SVC She is proud.
Ed
SVA I am in the garden.

E
semantic identity between the S and the A.
SVOC Most people consider these books expensive.
SVOO Mary gave the visitors tea.
SVOA I put the books on the shelves.
9
The centrality of the verb
Note that it is the verb that determines the
structure of the sentence:
This Agreement constitutes the entire
agreement between the parties and
supersedes all prior and contemporaneous,
oral or written agreements and negotiations.
10
The Adverbial Element
Not to be confused with Adverb: it does not
need to contain an Adverb
There can be an infinite number of optional
Adverbials in a sentence
The position of Adverbials is extremely flexible
Adverbials can appear between the auxiliary
verb and the main verb
They can appear between the subject and the
verb, and between the verb and the object
11
The Adverbial Element
Legal English is marked by the large number of
Adverbials and by their appearance in odd
places.
Adverbials can sometimes include other

known as clauses or subordinate clauses.
Each of these subordinate clauses will have a
subject, a verb, and either O, C, or A, as
needed.
12
8/19/2010
3
Every company having more than 50 members
[S]
must keep an index of the names of the
[V] [O]
members of the company, unless the register of
[A]
members is in such a form as to constitute in
itself an index.
13
unless (= subordinating conjunction)
the register of members is in such a form as to
[S] [V] [C]
constitute in itself an index.
to constitute in itself an index.
[V] [A] [O]
14
The flexibility of Adverbials
to constitute in itself an index.
[V] [A] [O]
in itself to constitute an index.
to in itself constitute an index.
to constitute an index in itself
15
Finite and non-finite verb forms
What is the structure of this?
NP, where the head (company) is post-modified
by a subordinate clause (having more than 50
members).
16
Finite and non-finite verb forms (2)
Compare:
All companies having more than 50 members
vs
Every company that has more than 50
members
All companies that have more than 50
members
17
Some principles and rules of
thumb
Always look for the verb and make sure you
have identified it
Identify the subject of the verb; identify the
object
Remember that verbs come in finite and non-
finite forms
18
8/19/2010
4
Look for signs of coordination
Make sure that you know what is being
coordinated
Identifying a noun phrase: can you replace it

Can you move any part of the sentence? What
can you move where?
Can you eliminate any part of the sentence?
19
Identify the S, V, O, A elements
Neither party nor their respective attorneys,
auditors or agents shall disclose or disseminate
in any way, except as necessary or appropriate
to retrocessionaires, auditors, reinsurance
intermediaries, regulatory authorities, or as
required by legal or regulatory compulsion,
either the fact of this Agreement or the terms
hereof, without prior written notice being given
to the other party to this Agreement.
20
THE LESSEE for the mutual protection of the Lessor and
the Manager and of the lessees of the Dwellings HEREBY
COVENANTS:-
With the Lessor to observe and perform the obligations on
the part of the Lessee set out in Parts One and Two of the
Eighth Schedule hereto and to observe and perform all
covenants and stipulations contained or referred to in the
Charges Register (if any) of the Title above referred to so
far as the same related to or affect the Demised premises
and to indemnify the Lessor against all actions
proceedings costs claims and demands in respect of any
breach non-observance or non-performance thereof
21
With the Manager to observe and perform the
obligations on the part of the Lessee set out in
Parts One and Two of the Eighth Schedule
hereto
22
Long Lease exercise continuous syntax

DATED 31
ST
OCTOBER 2002

THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF HARDWICK
(1)

-and-

LLEWELLYN HOMES LIMITED (2)

-and-

LOCATION OCS LIMITED (2)

-and-

JANE ELSPETH BRANDON (3)

LEASE OF PART

Property: Plot No. 137 Centurion Place
Harper Street
Hardwick

H M L AND RE GISTRY
L AND RE GISTRA TI ON ACTS 1925 T O 1986
L E ASE OF PART

Administrative District: Greater London: Borough of Hardwick


Title Number: YLA218519

Property: Land at Harper Street Estate

Plot: Plot No137 Centurion Place Harper Street Hardwic
Postal address: 12 Felicity Court 309 Quagmire
Road Hardwick London H8 1AB

PARTI CUL ARS

Date of Lease: 31
st
October 2002

The Lessor: THE MAYOR AND BURGESSES OF THE
LONDON BOROUGH OF HARDWICK of Town
Hall Hardwick London H8

The Developer: LLEWELLYN HOMES LIMITED of Leek House
St David`s Drive CardiII CD14 6AB

The Manager: LOCATION OCS LIMITED whose registered
office is situate at Overseas House 1 Anaconda
Drive Charleville CA21 0HB

The Lessee: JANE ELSPETH BRANDON of 52 Market Road
Hardwick London H8 1YX

The Estate: The land described in the First Schedule hereto
known for development purposes as Centurion
Place Harper Street Hardwick

The Demised Premises: The third floor Dwelling known as Plot 137 more
particularly described in the Third Schedule hereto

The Rent: ONE HUNDRED AND FIFTY POUNDS (150)
per annum ( subject to review)

The Term: 125 years from the Commencement Date

The Premium: One Hundred and Eighty Five Thousand Pounds
(185,000)

T HIS L E ASE is made BETWEEN (1) the Lessor (2) the Developer (3) the Manager
and (4) the Lessee


WHERE AS:-

(1) The Lessor with the Developer has previously granted leases of or intends
hereafter to grant leases of the Dwellings as hereinafter defined each as separate
and distinct properties and the Lessor has in every such lease imposed and intends
in every future lease to impose the obligations set out in the Eight Schedule
hereto

(2) The Lessor with the Developer has agreed to grant the Lessee a Lease of the
premises hereby demised for the Premium at the Rent and on the terms and
conditions hereinaIter appearing ...

.....

NOW T HIS DE ED WI TNESSE T H as follows:-

I NT ERPRE T A TI ON

In this Deed (including the Preamble and Recitals) unless the context otherwise requires:-

~the Block means the Building containing the Demised Premises and
the garden grounds ( if any) within the cartilage thereof

'the Buildings means the Buildings comprising several flats and all structural
parts thereof including the roofs gutters rainwater pipes
foundations floors all walls bounding individual Dwellings therein
and all external parts of the Building and all Conduits not used
solely for the purpose of an individual Dwelling and the expression
Building has a corresponding meaning

~the Dwellings means the flats served by the Communal Areas and Facilities
including where the context permits the Demised Premises and a
Dwelling means any of them

~The Lessor includes the person Ior the time being entitled to the reversion
immediately expectant upon the Term hereinafter defined

~The Lessee includes the person for the time being entitled to the Term hereby
granted and where the Lessee is more than one person all
covenants and agreements on the part of the Lessee herein
contained shall be deemed to have been made jointly and severally
by all such persons constituting the Lessee


...

DEMISE

2. IN consideration of the Premium now paid by the Lessee to the Developer at the
direction of the Lessor ( the receipt whereof is hereby acknowledged) and of the
Rent hereinafter reserved and contained THE LESSOR at the request and by the
direction of the Developer with Full Title Guarantee HEREBY DEMISES AND
CONFIRMS unto the Lessee ALL AND SINGULAR the Demised Premises
TOGETHER WITH the rights set out in the Fourth Schedule hereto to the
exclusion of any implied rights pursuant to Section 62 of the Law of Property Act
1925 and SUBJECT however to the Lessee`s covenants hereinaIter contained TO
HOLD the same unto the Lessee for the Term calculated from the
Commencement Date SUBJECT TO the burden of the covenants or agreements
already entered into by the Lessor and the Manager with the lessee of any of the
Dwellings for the observance of the Estate Regulations and to all rights and
easements appertaining to any other property adjoining the Estate and SUBJECT
TO all covenants stipulations and other matters hereinafter contained or referred
to in the Charges Register of the Title above referred to so far as the same relate
to or affect the Demised Premises and SUBJECT ALSO TO the rights set out in
the FiIth Schedule hereto (which so Iar as not already aIIecting the Lessor`s estate
in the Demised Premises are hereby excepted and reserved from this demise)
YIELDING AND PAYING THEREFOR during the Term to the Developer at the
direction of the Lessor the Rent or such greater rent as shall be determined
following the review thereof as hereinafter provided which shall in any event be
paid for the first Twenty-One years thereof by equal half yearly payments in
advance on the First day of March and the First day of September in each year the
first of each such payments being a proportionate payment to be made on the
execution hereof and AND ALSO paying on demand by way of further or
additional rent the Lessee`s Proportion as more particularly described in the
Seventh Schedule hereto

....

THE LESSEE`S COVENANTS
THE LESSEE for the mutual protection of the Lessor and the Manager and of the
lessees of the Dwellings HEREBY COVENANTS:-

1. With the Lessor to observe and perform the obligations on the part of the Lessee
set out in Parts One and Two of the Eighth Schedule hereto and to observe and
perform all covenants and stipulations contained or referred to in the Charges
Register (if any) of the Title above referred to so far as the same related to or
affect the Demised premises and to indemnify the Lessor against all actions

proceedings costs claims and demands in respect of any breach non-observance or
non performance thereof
2. With the Manager to observe and perform the obligations on the part of the
Lessee set out in Parts One and Two of the Eighth Schedule hereto

THE LESSOR`S COVENANTS
THE LESSOR relying on the covenants on the part of the Lessee herein contained
HEREBY COVENANTS with the Lessee to observe and perform the obligations on the
part of the Lessor set out in the Ninth Schedule

......

T HE FI RST SCHEDUL E

(The Estate)

1. ALL THAT piece of land situate and known for development purposes as
Centurion Place being part of the Harper Street Estate Hardwick now or formerly
comprised in Title Number YLA218519 TOGETHER WITH any adjoining land which
may be added thereto within the Perpetuity Period and together with any buildings or
structures erected or to be erected thereon or on some part thereof

......

9 T HE T HI RD SCHEDUL E

(The Demised Premises)

AL L T HAT the flat shown edged red on the Plan being part of the Block TOGETHER
WITH ( for the purpose of obligation as well as grant)

1. the doors and windows thereof but not the external decorative surfaces thereof
(which for the avoidance of any doubt shall be part of the Maintained Property)
2. the interior faces of the ceilings up to the underside of the joists slabs or beams to
which the same are affixed
3. the floors down to the upper side of the joists slabs or beams supporting the same
4. the plaster face of all external or structural walls
5. that half facing into the Demised premises of the non-structural wall(s) (severed
medially) which divide the Demised premises from the adjoining Dwellings or
from the Internal Common Areas TOGETHER WITH THE Conduits used solely
for the purpose of the Demised Premises

19/08/2010
1
Answers to discontinuous syntax
exercise
1
Neither party nor their respective attorneys,
auditors or agents shall disclose or
disseminate [in any way], [except as necessary
or appropriate to retrocessionaires, auditors,
reinsurance intermediaries, regulatory
authorities], [or as required by legal or
regulatory compulsion], either the fact of this
Agreement or the terms hereof, [without prior
written notice being given to the other party
to this Agreement].
2
THE LESSEE [for the mutual protection {of the
Lessor and the Manager} and {of the lessees of
the Dwellings}] [HEREBY] COVENANTS:-
3
[With the Lessor] [to observe and perform the
hereto] and [to observe and perform all
covenants and stipulations contained or
referred to in the Charges Register (if any) of
the Title above referred to so far as the same
related to or affect the Demised premises] and
[to indemnify the Lessor against all actions
proceedings costs claims and demands in
respect of any breach non-observance or non-
performance thereof]
4
[to observe and perform the obligations on
the part of the Lessee set out in Parts One and
Two of the Eighth Schedule hereto]
The last NP can be analysed as follows:
the obligations [on the part of the Lessee]
Noun (head) PP (Post-modification)
[set out in Parts One and Two of the Eighth
V A (PP)
Schedule hereto
5
and [to observe and perform
[all covenants and stipulations contained or
referred to in the Charges Register (if any) of
the Title above referred to] so far as the same
related to or affect the Demised premises]
CP:
and to observe and perform, so far as the
same related to or affect the Demised
premises, all covenants and stipulations
contained or referred to in the Charges
Register (if any) of the Title above referred to.
6
19/08/2010
2
With the Manager to observe and perform the
hereto
7
[to indemnify]
V
the Lessor
O
against all actions proceedings costs claims
A (PP)
and demands in respect of any breach non-
observance or non-performance thereof
8
Module 4

Cohesion
x ppt lecture notes
x sample texts

Reading:
Alcaraz, E., Hughes, B. (2002) Legal Translation Explained. Manchester: St
Jerome, pp. 192-4 - please note: refers to cohesion as textual coherence
Baker, M. (1996) In other words. London: Routledge, pp.180-216 [chapter 6]
Beaugrande, R., Dressler W.U. (1982) Introduction to Text Linguistics.
London: Longman, chapter 4
Also available on-line: http://www.beaugrande.com/Intro1981Four.htm
Halliday, M., Hasan, R. (1976) Cohesion in English. London: Longman, pp. 1-
30 (chapter 1)
Lotfipour-Saedi, K., Lexical Cohesion and Translation Equivalence`, Meta
42:1, pp.185-92, http://id.erudit.org/iderudit/004014ar

Dissertation briefi ng
x ppt lecture notes

Reading:
Chesterman, A. & Jenny Williams (2002) The Map: A Beginner's Guide to
Doing Research in Translation Studies. Manchester: St. Jerome
Hatim, Basil (2001) Teaching and Researching Translation.Harlow: Pearson
Education Ltd.
http://www.est-translationstudies.org/ Ljubljana colloquium on Research
Skills`
Mason, I. Training for Doctoral Research, Special Issue, The Interpreter and
Translator Trainer, vol 3, number 1, 2009
Munday, Jeremy (2001) Introducing Translation Studies, Theories and
Applications. London & New York: Routledge
Schffner, Christina (ed.) (2004) Translation Research and Interpreting
Research: Traditions, Gaps and Synergies. Clevedon, England : Multilingual
Matters
Shuttleworth, Mark and Cowie, Moira (1997) Dictionary of Translation Studies.
Manchester: St Jerome Publishing.
Swales, John M. and Christine B. Feak (1994/2004)Academic Writing for
Graduate Students: Essential tasks and skills, a course for non-native speakers
of English. Ann Arbor: University of Michigan Press,.
Thomas, R. Murray and Dale L. Brubaker (2000) Theses and Dissertations, A
Guide to Planning, Research and Writing. Westport, Conn. & London: Bergin
& Jarvey
19/08/2010
1
Cohesion
2
What is cohesion?
So we pushed him under the other one.
3
What is cohesion?
Relates back to previous events
Causal relation: the previous event provides the
reason for the action described in this sentence
4
What is cohesion?
Identity oI we` not known
Certainty: plural more than one person
involved in the action
Refers back to previous mention
5
What is cohesion?
Identity oI him` not known
Certainty: male person (although in German,
this could also refer to a masculine object)
6
What is cohesion?
Identity oI the other one` not known
Certainty: singular item`
Not clear whether person or thing but
because oI the link between him` and the
other one`, we may assume a person
19/08/2010
2
7
What is cohesion?
meaningful textual organisation
network of relations linking parts of a text
surface connections which establish
interrelationships between persons and events
allow us to trace participants in a text
allow us to interpret how different parts of the
text relate to each other
8
Main cohesive devices
x reference
x substitution
x ellipsis
x conjunction
x lexical patterning
9
Reference
Relationship of identity between two linguistic
items
example: The man he, Mrs Thatcher she
Reader interprets meaning oI he` / she` by
referring backwards or forwards to immediate
context
Same item enters text a second time
Reference can be through: personal pronoun (he,
us), demonstrative pronoun (this, that), relative
pronoun (who, which) and other means
10
Chain of reference
Common pattern: mention item explicitly
(by name or title), then use pronouns
Languages with gender and number
distinctions more flexible in its use clear
reference established
In English, proximity establishes link` or
identity of referent
Problematic can refer to several items
11
Unclear pronominal reference
In 1938, three significant events take place in
the life of Argentine author Jorge Luis
Borges. First, he translates Franz KaIka`s
short stories for publication in Spanish.
Second, his father asks him to rewrite his
failed novel to compensate for his
shortcomings as an author.
Conference paper abstract, The Medi a of t ranslat i on, t ranslat ion between
medi a, CRASSH/BCLA, Cambridge, March 2009
12
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3
13
14
15
Legal example
Harrelson contends now that the admission
of his testimony was irreversible error
because it had been hypnotically induced.
(Alcaraz:193)
admission testimony
it
16
Extra-textual reference
Reference does not necessarily only refer to
entities present in the text
second person pronoun can refer to reader:
If you have found this software to be
useful, you are requested (if appropriate)
to cite ... (On-line manual)
17
ReIerence to items outside`
the text
At that junction* the Carlow Road is a
fairly wide road; I refer to photographs
of the accident location, exhibited and
marked as exhibit KD1. There is a
clearly shaded area in the middle of the
road, so that it was possible to progress
to that.
* Intratextual reference: para 1 of text 2 (CitySpace)
18
Co-reference
Establishes referential chain between items
through knowledge of the world
often metonymic relationships = a part standing
in for the whole
No 10 / Downing Street Government / Prime
Minister
Example for co-reference:
Mrs Thatcher The Iron Lady Maggie
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19
Continuum for reference
Matter of degree of relatedness
Stretches from full repetition to pronominal reference
Reference can be identical (repetition of the item) to
loose (similar general word)
There`s a boy climbing that tree.
20
Repetition
The boy`s going to Iall iI he doesn`t take care.
21
Synonym
The ladV going to Iall iI he doesn`t take care.
22
Superordinate
The child`s going to Iall iI he doesn`t take
care.
23
General word
The idiot`s going to Iall iI he doesn`t take care.
24
Pronominal
He`s going to Iall iI he doesn`t take care.
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25
Example: legal co-reference
A famous pop singer, a U.S. citizen was among the passengers
who lost their lives. . The victim left her mother, sister and
brother-in-law behind. . In the mid-1995, the mother had
decided to give up her job in order to assist her daughter in her
career as a singer. She devoted herself to her daughter`s
requirements, as did the victim`s sister and brother-in-law. .
The agreement between them and the victim was to devote all
their time to the victim and her career. Since her daughter`s
death, the mother`s regular income has been down to a
survivor`s annuity. . neither oI them was entitled to inherit the
victim. Even worse: the daughter died intestate.
Ulrich v. Jeinsen, Legal aspects oI procedural and substantive law issues`
26
Co-reference in legal texts
Co-reference rare instead repetition
As I looked right again, i.e. in the direction of intended
travel, I suddenly noticed an ambulance hurtling
towards me, driving down the middle of the road. The
ambulance did have flashing lights, but we did not hear
any siren. I could see that the ambulance was swaying
as the driver tried to brake in time to stop hitting my
car. However, the speed of the ambulance must have
been to great for him to bring the ambulance to a
complete stop, as he crashed into the right hand rear
door of my car. There was also some damage to the
front right of the ambulance. (Text 2)
27
Summary: reference
Patterns of reference vary across languages
Pronominal reference works across all
inflections of the pronoun:
Borges - he his (father) (help) him
Some languages prefer pronominal
reference, others repetition or omission
Reference is a relationship where one item
stands in for another
semantic relationship; can be complex
28
Legal example text:
Where two parties have made a contract, which one
of them has broken, the damages which the other
party ought to receive in respect of such breach of
contract should be such as may fairly and
reasonably be considered either arising naturally,
i.e. according to the usual course of things, from
such breach of contract itself, or such as may
reasonably be supposed to have been in the
contemplation of both parties at the time they made
the contract, as the probable result of the breach of
it. (Text 1)
29
Cohesive ties: 1
it.
30
Cohesive ties: 2
it.
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31
Cohesive ties: 3
it.
32
Cohesive ties: 4
it.
33
Cohesive ties:
it.
34
Substitution
Grammatical relationship highly
language specific
One item is replaced by another
Each language has linguistic items
performing this function
Common items for substitution in English:
do, one, the same, such, etc
35
Examples: substitution
You think he knows? Everybody does.
My axe is blunt. I must get a new one.
I`ll have some coffee. I`ll have the same.
They never received any remuneration in
terms of formal salary, nor in fact did they
ever ask for any.
36
Ellipsis
Similar to substitution:
leaves something unsaid which is understood
through context
Involves omission of an item
Does not refer to real world knowledge
Refers to grammatical relationships
between omitted item and that which it
relates to.
19/08/2010
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37
Examples: ellipsis of verb
Joan brought food and Katie drink.
38
Examples: ellipsis of verb
Joan brought food and Katie drink.
Joan brought food and Katie brought drink.
39
Examples: ellipsis of nouns
Here are 13 cards. Take any. Now give me
any three.
40
Examples: ellipsis of nouns
Here are 13 cards. Take any. Now give me
any three.
Here are 13 cards. Take any card. Now give
me any three cards.
41
Examples: ellipsis part verb
Have you been swimming? Yes, I have.
42
Examples: ellipsis part verb
Have you been swimming? Yes, I have.
Have you been swimming? Yes, I have
been swimming.
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43
Problems
I gave him back the wallet and he left.
I gave him back the wallet and left.
Different rules in different languages on
repetition of subject
Different meanings
44
Conjunction
Conjunctives link parts of a text with each
other and establish logical relations within
and between sentences, paragraphs, sections
Conjunctives classed in groups expressing a
particular relation (causal, adversative ...)
BUT:
Same conjunctive may signal different relations
depending on context
Logical relations can be expressed by a variety of
means (e.g. by a verb ), not just conjunctives;
45
Main examples for conjunctives
Additive: and, or, also, in addition, furthermore,
besides, similarly, likewise, by contrast, for
instance
Adversative: but, yet, however, instead, on the other hand,
nevertheless, at any rate, as a matter of fact
Causal: so, consequently, it follows, for, because,
under the circumstances, for this reason
Temporal: then, next, after that, on another occasion, in
conclusion, an hour later, finally, at last
Continuatives: now, of course, well, anyway, surely, after all
46
Example: legal text 1
Where the plaintiffs, the owners of a flour mill, sent a
broken iron shaft to an office of the defendants, who
were common carriers, to be conveyed by them, and the
defendants' clerk, who attended at the office, was told
that the mill was stopped, that the shaft must be
delivered immediately, and that a special entry, if
necessary, must be made to hasten its delivery; and the
delivery of the broken shaft to the consignee, to whom it
had been sent by the plaintiffs as a pattern, by which to
make a new shaft, was delayed for an unreasonable time;
in consequence of which, the plaintiffs did not receive
the new shaft for some days after the time they ought to
have received it, and they were consequently unable to
work their mill from want of the new shaft, and thereby
incurred a loss of profits. (Text 1)
47
Example: legal text 2
On the day of the accident, we had been to XXX Building
Supplies and were on our way back to YYY. At about 11.20
that morning we were coming out of ZZZ Park Retail Estate,
intending to turn left onto the main road (A2) towards YYY.
However, due to road works and some roads being closed that
day, the queue to YYY was very long and practically
stationary.
As there was such a long queue, I decided that rather than
joining that queue, I would turn right, and drive back via a
detour. Accordingly I had pulled up to the junction, indicated
right, and as a gap had been left in the queue of cars moving
towards YYY, I then checked to my right and to my left, to
ensure that it was safe to proceed. (Text 2)
48
Conjunctives as structuring
device
Structuring of paragraphs for example to
signal stages in a text first, second, third
Size of chunks of information
English uses small chunks and signals
relationships frequently and unambiguously
German creates very complex structures
Legal texts: long and discontinuous
sentences
Cohesive devices very important
19/08/2010
9
49
Lexical cohesion
Selection of vocabulary in organised
relations within text
Lexical patterns support meanings
2 main categories of lexical cohesion
1. Reiteration (repetition)
2. Collocation
50
Reiteration
Repetition of lexical items
May be repetition by means of:
earlier item
a synonym
a near-synonym
a superordinate
a general word
BUT: not the same as reference does not
necessarily involve same identity (boy boys)
51
Example: repetition
The Claimant is the owner of the house at 34 Acacia Grove,
adjacent to the DeIendant`s house. The boundary of the two
properties is lined with a hedge and some trees, amongst these an
oak tree. .. The Claimant observed workmen in the DeIendant`s
garden, who informed him that the defendant was planning to have
the oak tree cut down . There is some argument about whose land
the trees are situated on. While the border shown in the land
registry shows the trees to be on the DeIendant`s property, there are
older documents which show . a boundary which would place the
trees on the Claimant`s property. . the claimant has maintained
the hedge and the trees. . this was also done by the Claimant`s
predecessors. The building [works] do not require the oak tree to be
cut down. As the oak tree is irreplaceable, the claimant requests an
injunction preventing the oak tree being cut down until the matter
of whose property the oak tree is has been resolved. (Text 3)
52
Collocation
conventionall y linked words: brush teeth, issue writ;
rain, pouring, torrential, wet; hair, comb, curl, wave
lexical items that are associated with each other
opposites: boy/girl; love/hate; order/obey
same series or field: Tuesday/Thursday;
August/December; dollar/cent; red/green (colour);
chair/table (furniture)
part-whole: car/brake; body/arm; bicycle/wheel
part-part: mouth/chin; verse/chorus
53
Other cohesive devices
Lexical chains
Consistency of terminology
Consistency of style
Continuity of tense
Punctuation devices such as colons and
semi-colons
signal breaks and relations between chunks of
information
54
Example: punctuation
[341] Feb. 23, [FN1] 1854.--Where two parties have made a contract, which one
of them has broken, the damages which the other party ought to receive in respect
of such breach of contract should be such as may fairly and reasonably be
considered either arising naturally, i.e. according to the usual course of things,
from such breach of contract itself, or such as may reasonably be supposed to have
been in the contemplation of both parties at the time they made the contract, as the
probable result of the breach of it.--Where the plaintiffs, the owners of a flour mill,
sent a broken iron shaft to an office of the defendants, who were common carriers,
to be conveyed by them, and the defendants' clerk, who attended at the office, was
told that the mill was stopped, that the shaft must be delivered immediately, and
that a special entry, if necessary, must be made to hasten its delivery; and the
delivery of the broken shaft to the consignee, to whom it had been sent by the
plaintiffs as a pattern, by which to make a new shaft, was delayed for an
unreasonable time; in consequence of which, the plaintiffs did not receive the new
shaft for some days after the time they ought to have received it, and they were
consequently unable to work their mill from want of the new shaft, and thereby
incurred a loss of profits:--Held, that, under the circumstances, such loss could not
be recovered in an action against the defendants as common carriers. (Text 1)
19/08/2010
10
55
Aviation Security Act 1982 (c. 36)
56
Relevance for translation
Cohesive pattern in SL & TL often different
Translator usually automatically` adjusts
Danger of:
loss in precision
different logical relations or argumentation
rechunking: rearrangement of length of paragraphs,
sections of information in TT loss of cohesion
and intratextual referencing; possible ambiguity
57
Cohesion: pre-translation and
editing stage
Understanding of cohesive ties aids nuanced
comprehension of ST
Editing of TT check:
Referential identities are correct
Substitutions & ellipses have been interpreted
correctly
Conjunctions establish same logical relations
Collocations and lexical patterns
Consistency in style, tense and punctuation
58
References
*Alcaraz, E., Hughes, B., Legal Translation Explained
(Manchester: St Jerome, 2002), pp. 192-4
Baker, M., In other words (London: Routledge, 1996), pp.180-
216 [chapter 6]
Beaugrande, R., Dressler W.U., Introduction to Text Linguistics
(London: Longman, 1982) chapter 4,
http://www.beaugrande.com/Intro1981Four.htm
Halliday, M., Hasan, R. Cohesion in English (London: Longman,
1976), pp. 1-30 (chapter 1)
Lotfipour-Saedi, K., Lexical Cohesion and Translation
Equivalence`, Meta 42:1, pp.185-92,
http://id.erudit.org/iderudit/004014ar
* refers to cohesion as textual coherence
59
Primary texts
Text 1: Hadley and Another v. Baxendale and
Others
Text 2: Witness Statement A. AAA v. National
Ambulance Service
Text 3: Particulars of claim
Text 4: Ulrich v. Jeinsen, A US citizen as
claimant before German courts, Legal aspects of
procedural and substantive law issues, Described
on the basis oI a recent case`, excerpt
Text 5: Aviation Security Act, excerpt
SAMPL E T E XTS: COHESI ON

T E XT 1:
Hadley and Another v. Baxendale and Others
(1854) 9 Exchequer Reports (Welsby, Hurlstone and Gordon) 341
Ex Ct
1854
[341] Feb. 23, [FN1] 1854.--Where two parties have made a contract, which one of
them has broken, the damages which the other party ought to receive in respect of
such breach of contract should be such as may fairly and reasonably be considered
either arising naturally, i.e. according to the usual course of things, from such breach
of contract itself, or such as may reasonably be supposed to have been in the
contemplation of both parties at the time they made the contract, as the probable result
of the breach of it.--Where the plaintiffs, the owners of a flour mill, sent a broken iron
shaft to an office of the defendants, who were common carriers, to be conveyed by
them, and the defendants' clerk, who attended at the office, was told that the mill was
stopped, that the shaft must be delivered immediately, and that a special entry, if
necessary, must be made to hasten its delivery; and the delivery of the broken shaft to
the consignee, to whom it had been sent by the plaintiffs as a pattern, by which to
make a new shaft, was delayed for an unreasonable time; in consequence of which,
the plaintiffs did not receive the new shaft for some days after the time they ought to
have received it, and they were consequently unable to work their mill from want of
the new shaft, and thereby incurred a loss of profits:--Held, that, under the
circumstances, such loss could not be recovered in an action against the defendants as
common carriers.

T E XT 2:
First Statement on behalf of the Claimant
A. AAA
1
st
Statement, dated ...
Exhibits: KD1, KD2

A. AAA
Clai mant

v

National Ambulance Service
Defendants

1
st
Witness Statement of A. AAA

1) I, A. AAA, oI xxxx Street, YYY and also oI ....., retired school teacher,
am the Claimant in this matter. I make this statement in support of my claim
against the National Ambulance Service, arising as a result of an accident
which occurred on ..... at 11:20 a.m. at the ZZZ Park Retail Estate
Junction of Carlow Road.

2) All of the statements made in this witness statement are made from my own
knowledge, unless I have indicated the contrary.

3) I have held a full driving licence for 42 years, and until now I had never been
involved in an accident. In an average year I cover some 20,000 kilometres.

4) As my husband is Irish and we have a house in YYY, I have been coming to
YYY during the summer on a regular basis for some 30 years, as well as
occasional visits at other times of the year, so that I am not only very familiar
with the roads in and around YYY, but am also very used to driving in
......

5) On the day of the accident my husband and I were driving in my car, a Mazda
2, registration mark F-KD 1403. I have owned this car for just over 2 years
and have driven some 50,000 kilometres in it. I am, therefore, extremely
familiar with the car and all of its controls.

6) The weather conditions on the morning of 16/08/2007 were overcast, the
condition of the road was dry and visibility was good.

7) On the day oI the accident, we had been to ..... Building Supplies and
were on our way back to YYY. At about 11:20 that morning we were coming
out of the ZZZ Park Retail Estate, intending to turn left onto the main road
(A2)] towards YYY. However, due to road works and some roads being closed
that day, the queue towards YYY was very long and practically stationary.

8) As there was such a long queue, I decided that rather than joining that queue, I
would turn right, and drive back via a detour. Accordingly I had pulled up to
the junction, indicated right, and as a gap had been left in the queue of cars
slowly moving towards YYY, I then checked to my right and to my left, to
ensure that it was safe to proceed.

9) While the queue going towards YYY was almost stationary, the road in the
other direction was relatively free. However, there were some cars passing at
certain intervals, so that it was necessary to wait for the right moment to join
that lane.

10) At that junction the Carlow Road is a fairly wide road; I refer to photographs
of the accident location, exhibited and marked as exhibit KD1. There is a
clearly shaded area in the middle of the road, so that it was possible to
progress to that, with the intention of waiting for a safe moment to join the far
lane.

11) Consequently, after a gap had been left in the queue to allow me to cross the
road, and after I had checked in both directions, I slowly proceeded onto the
shaded area in the middle of the road. My speed at that time was
approximately 2 or 3 km/h.

12) As can be seen from the photographs (KD1), the visibility at that point is such,

that one can see approximately 100m down the road towards the right, up to
the viaduct. As the road curves around there, it is not possible to see any
further.

13) After I got onto the shaded area, I checked to the left, waited for one car to
pass, and a second car slowed in order to allow me to join the lane. As I looked
to the right again, i.e. in the direction of intended travel, I suddenly noticed an
ambulance hurtling towards me, driving down the middle of the road,
overtaking the entire queue of cars. The ambulance did have flashing lights,
but we did not hear any siren. I could see that the ambulance was swaying as
the driver tried to brake in time to stop hitting my car. However, the speed of
the ambulance must have been too great for him to bring the ambulance to a
complete stop, as he crashed into the right hand rear door of my car. There was
also some damage to the front right of the ambulance.

14) In addition to the right hand rear side of my vehicle being damaged, some of
the rooI tiles which we had just purchased Irom ..... were also broken.

15) Luckily no one was injured in the crash.

16) After the accident, the driver, a Mr ....., immediately came towards us
asking whether we were all right. He also admitted straight away that the
accident had been his fault and told me not to worry, as it would be sorted out
quickly.

17) We exchanged details, and Mr ..... called the police, who arrived
approximately 25 minutes later. We asked PC ...... whether she had a
camera to take photographs of the accident and the position of the cars, but she
did not. Unfortunately we did not have a camera with us either, so that we
were unable to take photographs of the accident at the time.

18) As no one had been injured, the police did not investigate the matter any
further, and I was told that the insurance companies would deal with the
matter.

19) Immediately after I got home I made a comprehensive note of what had
happened, while the memory was still fresh in my mind.

20) I have also exhibited as exhibit KD2 some sketches of the accident location,
which, although not to scale, show the position and direction of the respective
vehicles.

21) I strongly feel that the accident was not my fault. When I checked to my right
before proceeding onto the traffic island, the ambulance could not yet be seen.
This means that the ambulance covered the distance from the viaduct to the
junction very quickly. As mentioned at paragraph 13, we did not hear any siren
either, that might have alerted us to the approach of an ambulance.

22) I was proceeding correctly at the time of the accident.


23) While I appreciate that ambulances do need to drive quickly in an emergency,
in view of the fact that the ambulance was overtaking a long queue of cars,
coming around a bend and with a junction straight ahead, I feel that particular
attention would have been warranted at that point.

Statement of Truth

I believe that the facts stated in this witness statement are true.

A. AAA

T E XT 3:

IN THE XXXXX County Court In the matter of an
intended Claim

BETWEEN:

A. AAAAAA Claimant

and

B. BBBBBB
Defendant

-----------------------------------
PARTICULARS OF CLAIM
-----------------------------------

1. The Claimant is the owner of the house at 34 Acacia Grove, adjacent to the
DeIendant`s house. The boundary oI the two properties is lined with a hedge and
some trees, amongst these an oak tree which is said to be over a hundred years
old.
2. The Defendant intends to, and has been granted planning permission to, build a
sunroom and a patio as an extension onto the rear of his house.

3. On date} the Claimant observed workmen in the DeIendant`s garden, who
informed him that the defendant was planning to have the oak tree cut down, in
order to allow the sun to shine on the patio, which he is in the process of building.

4. A conversation with the Defendant resulted only in the Defendant reaffirming that
he would do what he liked on his land.

Particulars of trespass

5. There is some argument about whose land the trees are situated on. While the
border shown in the land registry shows the trees to be on the DeIendant`s
property, there are older documents which show that the original 1935 conveyance
showed a boundary which would place the trees on the Claimant`s property.

6. Since purchasing his property in 1992, the Claimant has maintained the hedge and
the trees. According to a 94 year old local resident, Mr. Mandrake, this was also
done by the Claimant`s predecessors.

7. The building of the patio and sunroom, as laid out in the general layout sketch, do
not require the oak tree to be cut down.

8. As the oak tree is irreplaceable once it is cut down, the Claimant requests an
injunction preventing the oak tree being cut down until the matter of whose
property the oak tree is has been resolved

......

Statement of Truth

I believe that the facts stated in these Particulars of Claim are true.

Signed: [A. AAAAA]

Dated: [ ]

T E XT 4:

Ulrich v. Jeinsen, A US citizen as claimant beIore German courts, Legal aspects oI
procedural and substantive law issues, Described on the basis oI a recent case`,
www.germanlawair.com
Translation 29 Oct. 2008 S.v.Starck

Introduction
On 24 November 2001, an AVRO 146-RJ 100, HB-IXM aircraft, of Crossair Limited,
Basel, crashed on its flight number CRX 3597 from Berlin to Zurich. The pilots had
descended below the minimum descent altitude and consequently the aircraft collided
with treetops and then crashed onto the ground killing twenty-one passengers and
three crew members. Seven survived, some of them seriously injured, two crew

members survived with minor injuries. A famous pop singer, a U.S. citizen with
domicile in Atlanta, Georgia, was among the passengers who lost their lives. She had
booked a flight on a Round-trip (RT)?? Ticket from Berlin (Germany) via Zurich
(Switzerland), where she was about to give a performance, to Frankfurt (Germany) for
her next performance.
The victim left her mother, sister and brother-in-law behind, all of whom had given up
their previous jobs in order to help promote her professional career. Until the disaster
occurred, they had been maintained by the later [sic] victim and had lived together in
a house with all modern conveniences and in very good financial and social
circumstances.
In the mid-1995, the mother had decided to give up her job and applied for early
retirement with her employer in South Carolina, nine months prior to her 30
th

employment anniversary in order to assist her daughter in her career as a singer. She
took care oI her daughter`s dresses and also ran the household. She devoted herselI
full-time to her daughter`s requirements and activities having no other employment
nor any other money-earning jobs, as |sic| the victim`s sister and brother-in-law. They
never received any remuneration in terms of a formal salary, nor in fact did they ever
ask for any. This was perfectly consistent with the agreement by and between them
and the victim according to which the Claimants was [sic] to devote all their time to
the victim and her career. In return, she promised to maintain tem [sic] within the
scope of her financial means as long as they lived.
After the disaster occurred they had no more income as they were unable to return to
their Iormer jobs. Since her daughter`s death, the mother`s regular income had been
down to a survivor`s annuity oI slightly over 500 USD $ paid by her deceased
husband`s employer, and some miserable social security benefits. Due to another
tragic circumstance, which was of a legal nature, neither of them was entitled to
inherit [sic] the victim.
Even worse: the daughter died intestate. Her mother`s and sister`s title to the
inheritance was challenged by the deceased`s ex-husband. They had been married for
about 14 months. Shortly before she died, she got divorced from her husband. When
her ex-husband heard that she had died, he challenged the divorce decree, invoking
formal mistakes made in relation to the service of the divorce documents to him.
Because oI a lawyer`s Iailure to appeal against the Iirst-instance decree, which was
obviously wrong, the ex-husband prevailed and became the universal heir to the
victim`s estate. He turned the mother, sister and brother-in-law out oI the victim`s
house and intended to claim damages for rental costs incurred in the period from her
death until the time they moved out. As a consequence, they had to move out of their
house, with no money to live on and so they claimed compensation.
A lawsuit was conducted in Germany, ending with an amicable settlement the details
of which have to be kept confidential.
This article is intended to describe the legal considerations and aspects that are
relevant for this type of proceedings.

T E XT 5:


Aviation Security Act 1982 (c. 36),
http://www.statutelaw.gov.uk/content.aspx?LegType=All+Primary&PageNumber=9&BrowseLetter=A
&NavFrom=1&parentActiveTextDocId=1333534&ActiveTextDocId=1333534&filesize=445494

1
LAM018
Dissertation briefing
1
Aims of a dissertation - 1
1. carry out relevant research within an appropriate
methodology
2. demonstrate a coherent and appropriately
supported argument
3. design a research proposal and undertake a
detailed investigation on a topic related to the
theory and/or practice and/or business of legal
translation in a chosen area of specialisation
4. make a substantive contribution to the exercise
or development of legal translational practice
2
Aims of a dissertation - 2
5. present a critical, theoretical discussion which
highlights implications for theory and/or
practice within the field
6. describe, analyse and evaluate the
applicability of theory from appropriate fields of
legal translation to translational practice
7. develop and critically review an extensive and
appropriate bibliography on legal translation
8. develop recommendations for future research
and, where appropriate, discuss policy and
professional implications of the research
findings
3
Requirements
Length: 10,000
Deadline: October 31, 2011 (full time students)
October 31, 2011 (part time students)
2 possibilities:
1. Dissertation 'proper'
2. Annotated translation
4
Dissertation 'proper'
Any topic in legal translation
Should have link to practical translation /
translation industry
Focus depends on proposal
theory practice
law - translation
5
Possible areas for proposals
Review of theoretical translation concepts as
used by different theorists
Review of translation theory/ies and relevance
for legal translation
Review / revision of source text analysis model
for legal translation
Terminology work / analyses of legal language
Review / overview of legal translation industry
Professional ethics
6
2
Possible areas for proposals - 2
Annotated bibliography for legal translation
Corpus studies
comparison of different existing translations across
languages or domains or genres
Review of electronic tools / web resources for
legal translation
Legal translation resources / handbook /
guidance for translators
Annotated translations with a view to teaching
materials
Legal translation in international organisation
7
Annotated translation
Consists of
1. Translation
2. Source text contextualisation, analysis,
brief, translation problems/reflective
annotations
3. Terminology: research and
documentation
8
Length
Source text: 5,000 words
Reflective commentary including
research and documentation: 5,000
words
Relative length of reflective commentary and
of R&D (terminology work) will depend on
individual decisions taken by individual
students
9
Support and guidance
Module 1 and 'research method' seminars
modules 2 3
Karen Seago: throughout the year(with exception
of annual leave times):
advice and guidance on
Dissertation yes or no?
Dissertation proper or annotated translation
Research proposal
Source text choice
Any theory questions
Face-to-face/telephone appointments/email
Materials on CitySpace: dissertation handbook,
reading lists etc
Individual supervision with allocated supervisor
10
Indicative timeline part time
Summer 2010: think about dissertation
possibilities (topics vs. source texts)
September 2010 seminar: dissertation proposals
December 2010 seminar: literature research &
evaluation / search strategies
January/May 2011: submit proposals/allocate
supervisors
April 2011 seminar: literature review/
methodology
June 2011 seminar: evaluation of data and
results
October 31, 2011: submission of dissertation
11
Indicative timeline full time
Christmas / New Year 2010/11: think about
dissertation possibilities (topics vs. source texts)
January 2010 workshop: dissertation proposals
Date and venue tba
March 2011 workshop: presentation of proposals /
Q&A session
January-March / May 2011: submit proposals /
allocate supervisors
April 2011 workshop: research skills and
methodologies
June 2011 seminar: literature review/ methodology
June 2011 seminar: evaluation of data and results
October 31, 2011: submission of dissertation
12
3
Planning the research
Recommend 'reading around' now
Carry out background work alongside
modules 5 8
Recommend a research day:
Day before taught modules
Use City library and BL
Appointments with staff
Workshops
13
Reading: Deciding on a proposal
Chesterman, A. & Jenny Williams, The Map: A Beginner's
Guide to Doing Research in Translation Studies
(Manchester: St. Jerome, 2002)
Hatim, Basil, Teaching and Researching Translation
(Harlow: Pearson Education Ltd., 2001)
Mason, I. Training for Doctoral Research, Special Issue,
The Interpreter and Translator Trainer, vol 3, number 1,
2009
Munday, Jeremy Introducing Translation Studies, Theories
and Applications. (London & New York: Routledge, 2001)
Schffner, Christina (ed.), Translation Research and
Interpreting Research: Traditions, Gaps and Synergies
(Clevedon, England : Multilingual Matters, 2004)
http://www.est-translationstudies.org/ Ljubljana
colloquium on Research Skills'
14
Reading: academic writing /
translation concepts
Swales, John M. and Christine B. Feak,
Academic Writing for Graduate Students:
Essential tasks and skills, a course for non-
native speakers of English (Ann Arbor:
University of Michigan Press, 1994/2004).
Thomas, R. Murray and Dale L. Brubaker,
Theses and Dissertations, A Guide to Planning,
Research and Writing (Westport, Conn. &
London: Bergin & Jarvey, 2000)
Shuttleworth, Mark and Cowie, Moira (1997)
Dictionary of Translation Studies. Manchester:
St Jerome Publishing.
15
Module 5

Pre-translation analysis and commentar y writi ng
x ppt lecture notes
x pre-translation analysis checklist

Reading:
Nord, C. (2005) Text analysis in translation: theory, methodology, and didactic
application of a model for translation-oriented text analysis (2nd edn.)
Amsterdam and New York: Rodopi. (esp. chapter 4 which focuses on source
text analysis)
Trosborg, Anna (2002) Discourse Analysis as part of translator training, in
Schffner, C. The role of discourse analysis for translation and in translator
training. Clevedon: Multilingual Matters. 9 53
- the remaining chapters in this book consist of responses to and critiques
of Trosborgs model for source text analysis

Dissertation wor kshop 1: research proposal and source text research
x ppt lecture notes

Reading:
Chesterman, A. & Jenny Williams (2002) The Map: A Beginner's Guide to
Doing Research in Translation Studies. Manchester: St. Jerome
Hatim, Basil (2001) Teaching and Researching Translation. Harlow: Pearson
Education Ltd.
Mason, I. (2009) Training for Doctoral Research, Special Issue, The Interpreter
and Translator Trainer, vol 3, number 1
Applications. London & New York: Routledge
Schffner, Christina (ed.) (2004) Translation Research and Interpreting
Research: Traditions, Gaps and Synergies. Clevedon, England : Multilingual
Matters

1
Pre-translation analysis and
commentary writing
2
Content of commentary
1. Source text contextualisation
3. Translation problems and solutions
4. Terminology research
5. Resources / Research method and process
6. Bibliography
Your academic judgment how to weight
individual aspects
3
Source text contextualisation
Relevant information on the author/provenance
of the source text (if available) which may
include information on background, publications,
competence, and the status of the ST
(draft/binding?)
Relevant information on the source of the text
including title of the ST, a description of what it is
/ the genre and (sub)domain
A brief description of the contents of the source
text
Relevant comments on differences in jurisdiction
and legal concepts between source and target
4
x Relevant information on the source text:
x genre
x readership
x macro/micro structure
x style
x register
x cohesion
x any peculiarities / characteristics relevant for
translation
See more detailed information on source text
analysis in hand-out
5
Translation problems and solutions
Discussion of actual, genuine translation problems, procedures and
solutions
at word level: differences in word meaning; terminology;
collocations; idioms and figurative language
at sentence level: syntax; grammatical constructions; punctuation
(this can be also at text level);
at text level: coherence; cohesion; style; register (nb register is
commonly used to denote the relationship between the writer and
the reader style relates to the particular style of the text in
question.)
Discussion should group problems together rather than present
them 'chronologically'
Should indicate which kinds of problems relevant for the text (i.e.
don't try and find/discuss punctuation problems if there aren't any)
Should evaluate how effective the solutions are and whether there
are any aspects which could not be solved satisfactorily
6
Terminology research
Discussion of terminological aspects
characteristic of the text (and relevant for
the translation)
Presentation in glossary or entry forms
Documentation of research / resources
used
2
7
Discussion / critical evaluation of
resources and research
outline your thought processes, the reasoning, the
research steps and research method you have
undertaken
provide a rationale for your choice of translation
problems and terminology / glossary entries
outline the research undertaken to resolve translation
problems and to complete the list of terms,
discuss the resources used and to what extent they
were useful / problematic
explain any difficulties or challenges encountered in
the process and describe how these were resolved
provide a rationale for the weighting of the different
parts in your commentary
8
The bibliography
A bibliography (not included in the word count)
must be included, referencing all sources used.
A bibliography must be ordered alphabetically by
last name. You must make sure that you are
consistent throughout. Please ensure that you
comply with the Harvard in-text citation and
referencing conventions.
Reference conventions for on-line materials are
explained in detail on the School of Arts Library
website:
http://www.city.ac.uk/library/ls_nsq/arts/citation%
20guide/arts_citation_webpages.html
9
The word limit
1500 words in total
10% excess permitted but markers will not take into
consideration any work beyond 1650 words
not included in the word count:
Bibliography
Appendices
If you are providing entry forms, you have an additional 50 words
per entry form (to account for the context and the references
provided within the entry form)
Example:
commentary with 5 entry forms: permitted word limit = 1750 words
commentary with 10 entry forms: permitted word limit = 2000 words
You must specify the word count and number of entry forms
Shaping a useful commentary
Don't approach the analysis mechanically,
ticking off items on the list
Not every kind of translation problem or
textual characteristic will be present in your
text
Don't try and address everything: identify
what is typical for this text
Approach the analysis from the point of view
of what is relevant for the translator of this
text
10
Reading
There are various pre-translation analysis
models - the most detailed is Nord's
Existing models are not oriented towards
the needs of legal texts
We have adapted Nord's model and turned
it into a check list of questions appropriate
for analysing legal texts
This is very exhaustive: not every item on
the list will be relevant for any given text
11
PRE - TRANSLATION ANALYSIS

This checklist has been adapted from Nords model to be applied to legal translation.
Not every aspect will be relevant for any given text in any pre-translation analysis,
many points will not apply.

Extratextual
1. Is the text flexible or not?
x Is it still in the drafting stage or is it final?
x Does it have legal force or not (is it binding or non-binding)?

2. Is it possible to approach the author of the text for clarification?

3. What is the jurisdiction?
x American, English & Welsh, Scottish, Australian, etc
x Is the text formulated in a language not associated with the jurisdiction
x What area of law? Criminal or civil

4. Is there any other information that is presupposed to be part of the recipient`s general
background knowledge and which the target text reader may not have access to?
x if legal knowledge, must not be explained (translator does not provide legal advice)
x if cultural contextual knowledge and relevant for the communicative situation,
provide descriptive equivalent - Who am I translating for (medium, place, time,
motive, function)?
x But: no cultural adaptation (even in certificates)

5. What conclusions can be drawn from the data and clues obtained about the text with
regard to
a) other extratextual dimensions
x intention, i.e. is the text binding or non-binding;
x recipient, i.e. the brief may require a gist translation;
x medium, always written, or written transcript;
x place, i.e. jurisdiction;
x time, i.e. terms change;
x function, exceptionally rarely
b) the intratextual features
x branch of law
o language used indicates the area of law
x text type
x conventional language appropriate to genre and area

Subj ect matter :
1. Is the source text a thematically coherent single text or a text combination?

2. What is the subject matter of the text (or of each component of the combination)?

3. Does the subject matter identified through internal analysis correspond to the expectation
built up by external analysis?
x For example, commentary which turns out will be used in court for interpretation

4. Is the subject matter verbalized in the text (e.g. in a topic sentence` at the beginning oI
the text) or in the text environment (title, heading, sub-title, introduction, etc.)?

5. Is the subject matter bound to a particular jurisdiction?

I ntratextual features
1. How are the extratextual features verbalised in the text?

2. Which are the information units?

3. Are there any gaps of cohesion and/or coherence in the text? Can they be filled without
using additional information or material?

4. What conclusions can be drawn from the analysis of content with reference to other
intratextual factors, such as presuppositions, , composition (intratextual referencing), and
the stylistic features (conventional phrasing)?
Presuppositions
1. Which model of reality (jurisdiction, domain, genre, communicative purpose) does the
information refer to?

2. Is the reference to reality verbalized explicitly in the text?

3. Are there any implicit allusions to a specific external reality?
x For example, expansion or flagging up oI otherness` / Ioreignness` oI concept in TT
e.g. GmbH` would be the culturally equivalent term Ior limited company but does
not match exactly, so rendered as a GmbH` to signal this

4. Does the text contain redundancies which might be superfluous for a TT recipient?
x Only relevant, if the text is flexible and the ST producer can be approached for
clarification

5. What information presupposed to be known to the ST recipient has to be verbalized for
the TT recipient?
x Only relevant, if the text is flexible and the ST producer can be approached for
clarification
Text composition
1. Is the ST an independent text or is it embedded in a larger unit of higher rank?
x Term database, consistency with company-held terminological conventions or with
other translations
x If quoting a law, which has been translated, use the official translation

2. Is the macrostructure of the text marked by optical or other signals?
x Retain and adapt to cultural usage if otherwise misrepresentation (e.g. German
paragraph sign () needs to be rendered as section` in English)

3. Is there a conventional composition for this type of text?
x Relevant for comprehension / pre-translation for the translator but not for transfer
stage, i.e. retain original format (do not adapt to cultural convention of TC)

4. Which form of thematic progression is realised in the text?
x Useful for comprehension but should not be adapted; problem here, if you restructure
you may lose internal referencing
x Often used for emphasis, i.e. English may use non S-P-O structure for emphasis
examples: "It's the dog that bit the man" is subtly different from "It's the man that the
dog bit," or "The dog -- he's the one that bit the man,"
translator should use different means

Non-verbal elements
1. Which non-verbal elements are included in the text?
x Identify and retain (headings, titles, pictures, illustrations, tables, acrostics
1
- google
Da Vinci code and Fibonacci series for a legal example)

2. Which function do they perform with regard to the verbal text parts?
x Retention of pictorial material (which includes language) without translation when it
serves an illustrative function in the text, e.g. screenshots, but explanations may be
necessary when there is a link between language and image

3. Are they conventionally bound to the text type?
x Only relevant for comprehension, for example identification of text type or genre
Lexis
1. How are the extratextual factors reflected in the use of the lexis
x regional and social dialects: transcripts of witness evidence,
x historical language varieties: change of terminology over time
x choice of register
x medium-specific lexis: terminology
x conventional formulas: conventional language of the law, branch of law (e.g. normal
contract clause)

2. Which features of the lexis used in the text indicate the attitude of the sender and her/his
stylistic interest` (e.g. stylistic markers, connotations, rhetorical Iigures oI speech, such
as metaphors and similes, individual word coinages, puns)?
x mostly relevant in witness evidence or judgments

3. Which fields of lexis (terminologies, metalanguage) are represented in the text?

4. Are there any parts of speech (nouns, adjectives) or patterns of word formation
(compounds, prefixed words) which occur more frequently in the text than would
normally be the case?
x For example: opening [May it please your Lordship] and closing formulae [Unless I
can be of any further assistance] in oral submissions

5. Which level of style can the text be assigned to?
Syntax and suprasegmental features
1. Syntax
x Very long and winding sentences
x More relevant for comprehension rather than transfer

2. Optical suprasegmental features:
x e.g. punctuation, capitalisation, italicisation, spaces, quotation marks, dashes
culturally adapt

1
A number of lines of writing, especially a poem or word puzzle, in which a combination of letters
from each line spells a word or phrase
1
Dissertation workshop 1
Research proposal
2
The dissertation
4 Phases of work
1. Defining a research area
2. Literature review
3. Developing the argument
4. Evaluation of data / use of literature
3
Developing your dissertation
proposal
1. Identifying an area of interest
2. Preliminary research
3. Defining a hypothesis / angle /slant
4. Draft of chapter structure
5. Formulating a working title
4
Identifying an area of interest
Derived from the course
Explicitly: linked to one of the modules
Implicitly: linked to one of the aims / outcomes
Professional skills, ethics etc
Subject to supervisory availability
Can be hybrid: mixture of discursive and
translation
5
Preliminary research
Reading around the topic
Is there secondary literature available
What kind of literature would be relevant?
Legal, translation practice, translation theory,
linguistic theory, professional practice, history
Checking on data
If you want to work with a corpus (of
texts), do you have access to sufficient
material (in both languages)?
6
Library portals
Library homepage of translation
resources:
http://www.city.ac.uk/library/ls_nsq/arts/legal
_trans/legaltrans_dbases.html
http://copac.ac.uk
http://catalogue.bl.uk
http://www.access.sconul.ac.uk/
2
7
Some initial resources - law
www.Statutelaw.gov.uk
www.Direct.gov.uk
http://www.berr.gov.uk/
http://www.companieshouse.co.uk/
http://www.justice.gov.uk/
http://www.thelawyer.com
http://www.lexisnexis.com/uk/legal
Also check references provided on Cityspace
8
Some initial resources - law
The City Law School's library at Gray's Inn
Place.
Collection of relevant texts such as:
Butterworths
Atkins
Encyclopedia of Forms and Precedents
http://www.lawborepro.net/
Law textbooks
9
Defining a hypothesis
Specific angle / slant
What is my research question?
What do I want to find out / demonstrate?
What will my study add to the discipline?
Your topic poses a question /
identifies a need which your
dissertation attempts to answer.
10
Draft of chapter structure
How would you want to structure your
work
What kind of sub-questions are asking?
What kind of context / background
information is necessary?
How would you want to go out about
'proving' your hypothesis?
What do you think you want to cover?
11
Formulating a working title
Should be fairly precise
Not too vague, not too narrow
Should give an idea of your focus /
hypothesis / slant / research question
Don't set yourself up with impossible
targets
Huge questions which you want to prove
'Explore', 'investigate', 'outline' is safer
12
Source text search and approval
Similar resources as for corpus searches
On-line, print-based, law firms, translation
agencies
Verify no translation in the public domain
Ensure of sufficient complexity
Language pairs / domains as on course
Submit to convenor with email note that
there is no published translation available
Module 6

Theme- r heme (thematic i nfor mation str uctures)
x ppt lecture notes
x exercises theme-rheme
x sample analysis

Reading:
Baker, Mona (1992) In other words. London: Routledge. pp. 119-159
Eggins, Suzanne (2007) An introduction to systemic functional linguistics.
London: Continuum International. pp. 296- 326
Halliday, M.A.K. (2002) An introduction to functional grammar. London:
Arnold. pp. 37-67
Trosborg, Anna (1997) Rhetorical strategies in legal language, Discourse
analysis of statutes and contracts. Tbingen: Gunter Narr Verlag

Dissertation wor kshop 2: research methodologies and skills
x ppt lecture notes

Reading:
Baker, M. (1998) Routledge Encyclopedia of Translation Studies. London:
Routledge
Gentzler, E. (2001) Contemporary Translation Theories. London: Multilingual
Matters
Hatim, B. (2001) Teaching and Researching Translation. London: Routledge
Applications. London: Routledge
Stolze, Radegundis (2006) Research skills in the liberal arts paradigm.
http://www.est-translationstudies.org/ [last accessed 9/12/09]
Venuti, L. ed.( 2000)The Translation Studies Reader. London: Routledge

The lecture discusses key translation theories and their relevance for different
types of research. Detailed references are given on the ppt slides.

1
Thematic and information
structures
Thematic and information
structures
Texts are organised to convey a message
Information flow is governed by organisation of
linguistic elements
Clause as the main unit for information processing
Clauses need to be structured so that there is a
clear progression of links and a coherent point of
view
Can be analysed as thematic structures and and as
information structures
2
Theme rheme
Every clause has the structure of a message:
It says something (the rheme) about something (the
theme)
Clause consists of two segments:
The theme is the topic`
The rheme is the comment` or the inIormation`
Rural areas are normally not well equipped with
many facilities.
3
Theme
Sender announces the topic in the theme
Theme is in initial position
The theme presents the sender`s point oI departure in
each clause
Crucial organisational role
Tells us what the sender wants to talk about
Ordering of themes
Especially relevant with independent clauses
Plays important role in organising a text
Provides a point of orientation
This is what the text is about: only one topic, several
topics?
4
Rheme
Conveys what the sender has to say about the
topic
Goal of discourse
Most important part in the structure of the clause
as message:
The rheme is THE information the sender wants to
convey to the receiver
Fulfils the communicative purpose of the utterance
5
Hierarchical structure
Sentences consisting of more than one clause have
several layers of thematic structure
Each clause has its own theme-rheme structure
(which may be subordinate to a larger theme-
rheme structure)
Order is sequential
Theme in English is always in initial position
6
2
What is the theme?
Signals the mood (declarative, interrogative,
imperative)
Declarative: subject = theme
Rural areas are normally not well equipped with
many facilities.
Interrogative: wh-word or auxiliary = theme
Why are rural areas not well equipped with many
facilities?
Imperative: verb = theme
Equip rural areas with more facilities!
7
How do we identify the theme?
Usually the finite verb indicates the border
between theme and rheme
Relies on fairly rigid word order in English
Usually, the subject (or the noun phrase) is
the theme
8
Identify the themes and rhemes
The rural areas are normally not well-
equipped with many facilities. Therefore, if
the government sponsored all education
facilities, the rural schools would be at a par
with the urban schools. Moreover, the
standard of education can be the same for all
schools in terms of syllabus, books, libraries
and other facilities.
9
Example analysis: themes and
rhemes
The rural areas are normally not well-
equipped with many facilities. Therefore, if
the government sponsored all education
facilities, the rural schools would be at a par
with the urban schools. Moreover, the
standard of education can be the same for all
schools in terms of syllabus, books, libraries
and other facilities.
10
11
Markedness of theme
Choosing something as the theme is always
significant because it is the point of
departure for the utterance
The more obligatory an element is, the less
marked it is the less pronounced its
significance
The less expected a choice, the more
marked the more meaning it carries
Not well equipped are rural areas.
12
3
Prominence
Normally, the rheme is the most important
part of the message
BUT: putting an unexpected choice in
theme position emphasises it / makes this
element more prominent
Marked theme signals high importance
more important than rheme
13
Discourse prominence vs. local
prominence
Placing an element in theme position gives
that element local, temporary prominence
within the clause, while placing an element in
rheme position means that it is part of what
the writer has to say, and that it is at the very
core oI any message.` (Trosborg: 100)
14
Evaluate prominence / markedness
1. Diana donated blood in the city last week.
2. Blood was donated by Diana in the city last
week.
3. Last week, Diana donated blood in the city.
4. Diana last week donated blood in the city.
5. In the city, Diana donated blood last week.
6. Donated last week was blood by Diana in
the city.
15
Theme/rheme in legal texts
Contracts: human subjects = thematic choice in
49.2% of the regulative structures (Trosborg:100)
Statutes: non-human subjects expressing legal
abstracts`, legal concretes` and conditions oI the
statutes` are the most Irequent themes, human
subjects only constitute 13.9% of subjects (ibid.)
Consistent thematisation is often achieved by a
shift of grammatical voice from active to passive
Passive permits alternative topicalisation where
needed
16
Value of theme-rheme analysis
Identifies the topic/s of the text
Identifies the information about the topic/s
Identifies emphasis (marked theme)
But also identifies relative importance /
unimportance
If you place something in theme position, it is
less core than if you put it in rheme
passive constructions!
17
Exercise: theme-rheme analysis 1
Orders may be placed by the Distributor on the Distributors printed order form by mail,
or by telephone, or by telex. All orders should be addressed to the Company. Telephone
orders must be confirmed in writing on the Distributors printed order form, to prevent
errors conIirming orders should be plainly marked CONFIRMING ORDER` by the
Distributor and noting if possible the name of the person who dealt with the enquiry.
Duplicate orders resulting from improperly marked confirming orders may be returned
only with the written consent of the Company. Claims for short deliveries against any
of the orders placed by the Distributor must be made within fifteen days after delivery
by telex. These Terms and Conditions shall apply to all orders (including telephone
orders) placed with the Supplier by the Customer. Acceptance by the Supplier of any
order is conditional upon acceptance by the Customer of these Terms and Conditions
which shall override all other terms and conditions inconsistent herewith, whether
express, implied or otherwise including but not limited to terms, conditions or
stipulations contained in the Customer`s purchase order Iorm or other Iorm oI writing or
otherwise stipulated by the Customer and which are at variance with or additional to
these Terms and Conditions The same shall be binding upon the Supplier unless
specifically accepted in writing and signed by a Director of the Supplier.
18
4
Exercise: theme-rheme analysis 2
The Company hereby covenants that as and when the Stock
ought to be repaid in accordance with the Conditions set forth in
the said Schedule it will pay to the Stockholders the full nominal
amount of the stock held by them (or such part of the Stock as is
due to be repaid) and which is not subject to the Purchaser`s
right set-off under Clause 14 of the agreement and shall in the
meantime until the Stock is redeemed pay to the Stockholders
interest on the nominal amount of the Stock held by them
respectively in accordance with said Conditions.
19
Signposting function of theme
1. Acts as a point of orientation by
connecting back to previous stretches of
discourse maintains coherent point of
view
2. Acts as a point of departure by connecting
forward and contributing to development
of later stretches of text
20
References
Baker, Mona (1992) In other words. London:
Routledge. pp. 119-159
Eggins, Suzanne (2007) An introduction to systemic
functional linguistics. London: Continuum
International. pp. 296- 326
Halliday, M.A.K. (2002) An introduction to functional
grammar. London: Arnold. pp. 37-67
Trosborg, Anna (1997) Rhetorical strategies in legal
language, Discourse analysis of statutes and
contracts. Tbingen: Gunter Narr Verlag
21
Exercise: Theme-rheme analysis

Identify and number the themes and rhemes in the two texts
below.
Text 1:
Orders may be placed by the Distributor on the Distributors printed order
form by mail, or by telephone, or by telex. All orders should be addressed
to the Company. Telephone orders must be confirmed in writing on the
Distributors printed order form, to prevent errors confirming orders
should be plainly marked CONFIRMING ORDER` by the Distributor
and noting if possible the name of the person who dealt with the enquiry.
Duplicate orders resulting from improperly marked confirming orders
may be returned only with the written consent of the Company. Claims
for short deliveries against any of the orders placed by the Distributor
must be made within fifteen days after delivery by telex. These Terms
and Conditions shall apply to all orders (including telephone orders)
placed with the Supplier by the Customer. Acceptance by the Supplier of
any order is conditional upon acceptance by the Customer of these Terms
and Conditions which shall override all other terms and conditions
inconsistent herewith, whether express, implied or otherwise including
but not limited to terms, conditions or stipulations contained in the
Customer`s purchase order Iorm or other Iorm oI writing or otherwise
stipulated by the Customer and which are at variance with or additional to
Exercise: Theme-rheme analysis

these Terms and Conditions. The same shall be binding upon the Supplier
unless specifically accepted in writing and signed by a Director of the
Supplier.

Text 2:
The Company hereby covenants that as and when the Stock ought to be
repaid in accordance with the Conditions set forth in the said Schedule it
will pay to the Stockholders the full nominal amount of the stock held by
them (or such part of the Stock as is due to be repaid) and which is not
subject to the Purchaser`s right set-off under Clause 14 of the agreement
and shall in the meantime until the Stock is redeemed pay to the
Stockholders interest on the nominal amount of the Stock held by them
respectively in accordance with said Conditions.

Answer to theme-rheme exercise: sample analyses

Sample analysis text 1:
T 1 R 1
Orders may be placed by the Distributor on the Distributors printed
order form by mail, or by telephone, or by telex.
T 2 R 2
All orders should be addressed to the Company.
T 3 R 3
Telephone orders must be confirmed in writing on the Distributors printed order
form,
Marked T 4 R 4
to prevent errors conIirming orders should be plainly marked CONFIRMING
ORDER` by the Distributor and
T 4 R 5
(elided: confirming orders) (elided: should be) noting if possible the name of the person
T 5 R 5
who dealt with the enquiry.
T 6 R 6
Duplicate orders resulting
from improperly marked
confirming orders
may be returned only with the written consent of the Company.
T 7 R 7
Claims for short deliveries
against any of the orders
placed by the Distributor
must be made within fifteen days after delivery by telex.

T 8 R 8
These Terms and
Conditions
shall apply to all orders (including telephone orders) placed
with the Supplier by the Customer.
T 9 R 9
Acceptance by the Supplier
of any order
is conditional upon acceptance by the Customer of these Terms
and Conditions
T 8 R 10
which shall override all other terms and conditions inconsistent
herewith, whether express, implied or otherwise including but
not limited to terms, conditions or stipulations contained in the
Customer`s purchase order Iorm or other Iorm oI writing or
otherwise stipulated by the Customer
T 8 R 11
and which are at variance with or additional to these Terms and
Conditions.
T 10 R 12
The same shall be binding upon the Supplier unless specifically accepted
in writing and signed by a Director of the Supplier.

Answer to theme-rheme exercise: sample analyses

Sample analyses text 2:

Theme Rheme
The Company hereby covenants that as and when the Stock ought to be repaid in
accordance with the Conditions set forth in the said
Schedule it will pay to the Stockholders the full nominal
amount of the stock held by them (or such part of the
Stock as is due to be repaid) and which is not subject to
the Purchaser`s right set-off under Clause 14 of the
agreement and shall in the meantime until the Stock is
redeemed pay to the Stockholders interest on the nominal
amount of the Stock held by them respectively in
accordance with said Conditions.

T 1 R 1
The Company hereby covenants that as and when the Stock ought to be repaid in
accordance with the Conditions set forth in the said
Schedule
T 1 R 2
it will pay to the Stockholders the full nominal amount of
the stock held by them (or such part of the Stock as is due
to be repaid)
T 2 R 3
and which is not subject to the Purchaser`s right set-off under Clause
14 of the agreement
T 1 R 4
and shall in the meantime
T 2 R 5
until the Stock is redeemed
T 1 R 6
pay to the Stockholders interest on the nominal amount of
the Stock held by them respectively in accordance with
said Conditions.

1
Dissertation workshop:
Research skills and methodologies
Research skills
a) Critical reading
Literature review, methodology
b) Own opinion
Your contribution to the field
c) Need for argumentation
Developing a consistent and credible argument
d) Precision in presentation
Clarity in concepts, critical presentation and balance
between own argument and other views/positions
e) Explicitness required
Clarity in theoretical approaches, methodology and
concepts
2
Academic norms 1
Scholarly work is intersubj ecti ve:
every scholar
draws upon the work of other members of the
community in terms of theories and problem
awareness, and
contributes to the community by offering new
insights
3
Academic norms 2
Scholarly work is self-critical and argumentative:
Important for rendering valuable contributions to
the academic community
The scholar has to take responsibility for their
own work
Recognition that everyone has a personal bias
Develop a convincing argument
But this needs to be countered / balanced by:
consistent argumentation and critical questioning
4
Academic norms 3
Scholarly work is precise and explicit:
Checks the thesis/issue/argument critically
Questions various possible conclusions / claims
Clearly explains claims and conclusions
Defines concepts used
Explains line of argumentation
Transparency: reader needs to be able to
duplicate the work (Stolze: 5)
5
Main requirements
Critical engagement with field
Clearly identified research question / issue
which is developed in logical argument
Appropriate substantiation of claims and
conclusions
Appropriate and clear methodology
6
2
So what is a methodology?
Your approach` in dealing with your
research question
Two paradigms:
ScientiIic vs. Arts`
Empirical vs. evaluative
Qualitative vs. quantitative
TS: often a mixture of evaluative and
empirical approaches
7
Methodologies
Qualitative
Critical analysis and evaluation of translation
processes, strategies, practices, outcomes,
products
Quantitative
Empirical
Objective, fact-based
Data, statistics
8
Evaluative approaches in TS
Different theories
Linguistic
Text-linguistic
Discourse analysis
Functional
Skopos
Norms and systems
Ethics / Sociological
Cultural
9
2 areas in TS
product-oriented research and analysis
emphasis on linguistic and functional aspects of
the TL text in relation to SL text
process-oriented research and analysis
emphasis on analysis of what actually takes
place during translation
10
10
Linguistic approaches /
Equivalence
Differences in systematic structure and elements of
languages analysis oI local` asymmetries SL TL
Linguistic equivalence (word, sentence, text level)
Language-bound meaning (of words in different
languages)
Practical approach; translation procedures
Untranslatability
Machine translation (CAT)
Translation problems of non-literary texts
11
Key references
Bassnett-McGuire, S., Translation Studies.
(London: Routledge, 1980 &1991), chapter 1
CatIord, J., Translation ShiIts`, in The
Translation Studies Reader, pp. 141-147
Fawcett, P., The Language of linguistics,
Linguistic theories explained (Manchester: St
Jerome, 1997), pp. 34 - 41
Hatim and Mason, Discourse and the
Translator, (London: Longman, 1990), chapter
1
12
3
Key references 2
Jakobson, R., 'On Linguistic Aspects oI Translation,
in The Translation Studies Reader, pp. 111-118
Munday, Introducing Translation Studies, pp. 35 - 43
Nida, E. Principles oI Correspondence`, in The
Newmark, P., A textbook of Translation, (London:
Prentice Hall, 1988), pp. 48-51
Vinay and Darbelnet, Methodology oI Translation`,
13
F unctional approaches /
equivalence
Emphasis on the translator's objective and the
designated reader, rather than on any notion of
sameness between languages
Focus on the text:
what text type and form
determines translation method chosen
Translational action (who is involved in the
translation process?)
14
Skopos theory
What role does the target text play?
Purpose (or need of target reader)
determines translation
Not so much concerned with linguistic
features
Target reader oriented
15
Key references: functional /
Skopos
Munday, Introducing Translation Studies, pp. 72-88
Fawcett, P., The Language of linguistics, pp. 101-115
Nord, C., Translating as a Purposeful Activity (Manchester: St
Jerome, 2001)
Nord, C., Textanalysis in translation (Amsterdam: Rodopi,
2005)
Reiss, K., Type, kind and individuality oI text: Decision making
in translation`, in The Translation Studies Reader, pp. 160-171
Reiss, K. Translation criticism Categories and criteria for
translation quality assessment (Manchester: St Jerome, 2000)
Vermeer, H., Skopos and Commission in Translational Action`,
16
Text-linguistic approaches
Register and discourse based
Analyses whole text and context
(sociocultural context)
Translation assessment
Pragmatic features (what language used to
achieve what goal?)
17
Key references
Fawcett, P., The Language of linguistics, pp. 123 134
De Beaugrande and Dressler, Introduction to
textlinguistics. (London: Longman, 1981)
Hatim, B. & Mason, I., Discourse and the Translator,
(London: Longman, 1990)
Hatim, B. & Mason, I., The Translator as communicator,
(London: Routledge, 1997), chapter 2
Hatim .B., Communication Across Cultures. (Exeter:
University of Exeter Press, 1997)
Neubert, A. & Shreve, G. M., Translation as Text, (Kent,
Ohio: The Kent State University Press, 1992), pp. 22-25
18
4
Polysystems and norms
Close analysis of translated texts
Texts are part of a (literary) system which is made up of
a number of sub-systems
Translation involves inserting a text into a new (target)
system
Has to conform to norms of receiving culture
investigate the ways translations operate to adapt to this
Examines the processes of translation itself
Detailed examination of the context in which a
translation was made
19
Key references
Chesterman, A., Memes of translation (Amsterdam: John
Benjamins, 1997), chapter 3
Hermans, T., Translation in systems (Manchester: St Jerome,
1999)
Munday, J., Systems in translation, A systemic model for
Descriptive Translation Studies`, Crosscultural transgressions, ed.
by Theo Hermans (Manchester: St Jerome, 2002), pp. 76-92
Schffner, C., Translation and norms, (Clevedon: Multilingual
Matters, 1999)
Toury, G., The Nature and Role oI Norms in Translation, in The
Toury, G., A handIul oI paragraphs on 'Translation and
'Norms`, Translation and norms, ed. by Christina Schffner
(Clevedon: Multilingual Matters, 1999), pp. 9-31
20
Relevance theory
Translation as a special instance of communication
Account for underlying complex processes like
decision making and evaluation in translation
(Effort required in) processing of information central
consideration in translation decisions
Contextual assumptions and inferences /
interpretation
21
Key references
Fawcett, Translation and language, pp. 135-139
Gutt, E.A ' Translation as Inter-lingual
Interpretative Use in The Translation Studies
Reader, pp. 376-396
Gutt, E.A., Translation and Relevance,
(Manchester: St Jerome, 2000)
Hatim, Teaching and researching translation,
pp. 35-42
22
Cultural approaches:
WUDQVODWRUVLQYLVLELOLW\
Translation as cultural (and social practice)
practice
Focus on the linguistic, literary, religious,
political, economic, and didactic values that
shape translation
Role and value` / authority oI the translator
Questions of power and ideology
23
Key references
Berman, A. Translation and the trials oI the
Ioreign`, in The Translation Studies Reader, pp.
284-97
Munday, Introducing Translation Studies, pp.
144- 161
Venuti, L., The translators invisibilitv (London:
Routledge, 1995), pp. 1-42
Venuti, L., The Scandals of Translation:
Towards an Ethics of Difference, (London:
Routledge, 1998)
24
5
Gender-oriented approaches
Challenges translation as powerless
imitation
Visibility of the translator
Right to intervene and shape the translation
Critique of dominant linguistic and cultural
norms which diminish female presence /
authority
25
Key references
Arrojo, Rosemary, Fidelity and the gendered translation`, TTR 7:2,
1994, pp. 147-64
Chamberlain, L., Gender and the Metaphor oI Translation, in The
Flotow, Luise von, Gender and Translation`, in A Companion to
translation studies, ed. by Littau, Karin and Pjotr Kuhiwczak
(Clevedon: Multilingual Matters, 2007), pp. 92 - 105
Flotow, Luise von, Translation and gender (Manchester: St Jerome,
1997)
Massardier-Kenney, F., Towards a rediIinition oI Ieminist
translation practice`, The translator, 3:1, 1997, pp. 55-70
Munday, Introducing Translation Studies, pp. 126-132
Simon, Sherry, Gender in translation, Cultural identity and the
politics of transmission (London: Routledge, 1996) 26
Post-colonial approaches
Translation as colonisation (imposition of
language and values)
Dominance of Western languages and
systems of thought
Assimilation / absorption / transmutation of
ideas and language
27
Key references
Basnett, S. and Trivedi, H., Post-colonial
Translation: Theory and Practice (London:
Routledge, 1999)
Kadish, Doris & Francoise Massardier-Kenney
(eds), Translating slavery: gender and race in
French Womens writing (Kent: Kent State UP,
1994)
Munday, Introducing Translation Studies, pp.
133 - 142
28
Ethics
29
References
Baker, Mona, Routledge Encyclopedia of Translation
Studies (London: Routledge, 1998)
Gentzler, E., Contemporary Translation Theories,
(London: Multilingual Matters, 2001)
Hatim, B., Teaching and Researching Translation.
(London: Routledge, 2001)
Munday, Jeremy, Introducing Translation Studies,
Theories and Applications (London: Routledge, 2001)
Stolze, Radegundis (2006) Research skills in the liberal
arts paradigm. http://www.est-translationstudies.org/ [last
accessed 9/12/09]
Venuti, Lawrence (ed), The Translation Studies Reader
(London: Routledge, 2000)
30
Module 7

Dissertation wor kshop

Option A: Literature review
x ppt lecture notes

Reading:
Thomas R. M. and Dale L. Brubaker (2000) Theses and Dissertations, A Guide
to Planning, Research and Writing. Westport, Conn. & London: Bergin &
Jarvey
(This book is available on the open shelves in the British Library, Humanities 1
Reading Room.)

Option B: pre-translation analysis
x ppt lecture notes
x exercise FDQWILQG
x check list

Reading:
Draws on all elements of applied translation theory covered in previous
modules (pre-translation analysis, identification of translation problems and
procedures, textual analysis).

20/08/2010
1
The literature review and
methodology
Reading, writing and thinking
Literature plays important role
Has different functions depending on the stage of
the work
1. Initial orientation
2. Status quo of body of work on topic
3. Developing methodology
4. Substantiating argument
Only 2. and 3. are part of the literature review
Important: the relationship between reading and
writing and thinking
2
Reading (and writing)
Vast amount of reading necessary
Not all will end up in project
Reading needs to be done to identify what is
Temptation to go on reading and delay writing

Must start writing from very beginning
Take notes on your reading
3
Evaluative comments
write an evaluative summary / comment on each article,
assess the relevance to the topic

useful, not useful,
in which way useful
what can it help to develop
does it provide a framework? etc
Might want to do an evaluative summary at end of day,
writing up what the reading has been and how it would
contribute or not to the literature review / methodology /
interpretation of data/argument
Comments will be the foundation for the literature review
4
Writing
intimidating to start writing start as early as
possible
All writing is drafts; lots of redrafting necessary so
beautifully phrased
May want to just get ideas on paper to begin with
Then rework for clarity of expression and
argument
Writing is a craft, not an inspired act
5
Writing for a Humanities dissertation
Do not just give the outcome of your thinking
i.e. the decisions you have made with respect to
the scope of your topic, the precise research
question, your aims
Process oriented
Need to show your thought and decision
making processes
Demonstrates you ability for critical thinking
and evaluation
6
20/08/2010
2
Thinking
Have phases when we feel we are stagnating,
not doing any writing
Perfectly normal
Process of thinking
Allow it to happen
Crucial part of research and writing
7
The literature review proper
Functions:
1. Describe the body of theoretical work which
exists on your topic
2. Locate yourself within the context of existing
knowledge
3. Develop your methodological approach
8
Describe the body of theoretical work
which exists on your topic
Identify the relationship between your own work to the existing
body of work
WHAT:
how much literature is there?
Is it useful?
What is not useful? And why not?
Why is the useful material relevant to you?:
Does it address the topic in the same way that you want to do it?
Is it in the languages / that are relevant to you?
Is there useful literature in related areas?
What are they, why are they useful?
What can you use and what do you need to disregard?
9
HOW
start off with a paragraph which describes how
much, how little literature there is in general
terms
summarise the literature (all of it) in one
paragraph / sentence which is not useful and give
overarching reason
summarise in one paragraph / sentence the
literature which was useful and give a general
reason why
then you go into detail for your methodological
approach
10
Develop your methodological
approach
What
Identify the aspects / approaches / ideas /
notions from the theoretical literature which
will help you to develop a method of
producing an answer to the question you are
posing with your project
11
HOW
îdeas and then
discuss in detail the bits which are valuable to
you and why; what are you going to do with them
This discussion must ALWAYS be related to your
own topic
/
unless it is considered generally that this idea is
the norm and you have very good reason to
deviate from it
12
20/08/2010
3
What not to do:
Do not list all the literature you have read
Do not describe the content of all the literature
you have read
Do not just describe the content of the literature
you are using you must EVALUATE it
Do not include anything for which you cannot
establish a link to your topic
Do not copy from the literature without
acknowledging your sources even if you are
referring to ideas which you are paraphrasing
13
What to do:
Be transparent i.e. explain why you are using
/ excluding something give the reasons
Explain in simple language but use the
metalanguage
14
What is the methodology?
Literature review and methodology is the
dissertation
Literature review = ingredients
Methodology = instructions what you do
with the ingredients / how you use them
15
Interconnectedness
Introduction, literature review and
methodology are closely linked (may even be
all in one chapter)
Blueprint of your dissertation
Once thought through and written, the rest is
fairly easy
Research question, aims, chapter outline,
literature review and methodology
interconnected
16
Checking and re-drafting
You will redraft your research question, aims and
methodology several times in response to your on-
going research
Check that your
research question links to your aims (and vice versa)
aims link to your chapters which chapter addresses
which aim?
methodology meets the requirements of each of your aims
you may have different methodological approaches to
cover different aims
Literature review covers all relevant aspects and links
appropriately to your methodology
17
Supporting functions of the
literature review
The Literature review can:
suggest ideas for research problems
identify theories that can be applied or tested
suggest methodological approaches
explain data-gathering techniques and instruments
provide typologies and taxonomies for classifying data
illustrate ways of interpreting research results
show ways of presenting the completed research project
(Thomas & Brubaker, 30-4)
See your dissertation handbook for further information on the
literature review
18
8/20/2010
1
Annotated translation
dissertation option
Contents of annotated translation
dissertation
The annotated translation with reflective commentary consists of:
Source text: 5,000 words
Translation (target text)
Reflective commentary in English including research and documentation: 5,000 words
Appendices with research data
This contains all texts referred to, parallel texts (if used, they need to be discussed)
List of References
This must contain all and only the material cited in your essay and be representative of the field.
Please make sure you formulate your Reference list and in-text citations correctly. You will lose
points if you do not. See Pears and Shields (2005) for guidance.
Statement
//
that I did not use any publications other than those cited in the introduction, the research paper
ID number and date of submission

The Commentary
i) Pre translation analysis, including
a) Source text contextualisation
Relevant information on the author of the source text (if available) which
may include information on background, publications, competence, status
Relevant information on the source of the text including title of the ST, a
description of what it is / the genre and (sub)domain
A brief description of the contents of the source text
Relevant comments on differences in jurisdiction and legal concepts
between source and target
b) Brief and costing
Specify the translation situation: client and purpose of translation
Analyse the source text in terms of difficulties / specific
requirements and translation problems and relate this to how they
would impact on your costing of the translation job
c) Relevant information on the source text
Genre, text type, readership, macro/micro structure, style, register,
cohesion
2) Research and documentation
A description of the research method and process, including discussion of
resources
terminological documentation presented in a format decided on by the
student
3) Discussion of actual, genuine translation problems, strategies and
solutions
These can be:
at word level: differences in word meaning; terminology; collocations;
idioms and figurative language
at sentence level: syntax; grammatical constructions; punctuation (this can
be also at text level);
at text level: coherence; cohesion; style; register
Pre-translation analysis
1. Contextualisation and description of ST
2. Brief and costing
3. Format
4. Macro and micro structure
5. Register
6. Cohesion
7. Syntax
8. Punctuation
9. Terminology/lexis
8/20/2010
2
ST contextualisation
Flexibility
Author
Jurisdiction
Pre-supposed knowledge
Subject matter
Purpose
Brief and costing
What circumstances is this text likely to be
translated in?
Possible purpose/s of translation/s?
Likely end user/s?
Any difficulties which would impact on
costing?
8
Format
Layout
Headings
Optical signals
Pictorial or other non verbal
elements
Micro and macro structure
Macrostructure = overall textual structural
features
E.g Independence of ST, conventional
composition for this genre, thematic
progression
Microstructure = how the text hangs together
internally, how paragraphs, clauses and
sentences are linked ( overlap with coherence
and cohesion)
Register
Field
Tenor
Mode
Difference between register and style?
Cohesion
According to Halliday and Hassan ( 1976 ) there
are five main cohesive elements: -
i) Reference
ii) Conjunctions
iii) Substitution
iv) Ellipsis
v) Lexical cohesion
12
8/20/2010
3
Syntax and punctuation
Lack or overuse of punctuation in general or any
specific punctuation marker
Typicity of punctuation use for ST text genre
Sentence structures standard or abnormal in
any way?
Sentence length
Word order
Archaisms in syntax
Typicity of sentence structures for ST text genre
Lexis/terminology
Formulaic language
Archaisms
Collocations
Formality
Technicality
Borrowings or foreign words
Words derived from other languages
Figurative language
Pair work exercise
Get into pairs, preferably with someone who is
NOT in your language combination.
Go through together the text which you have
been given and use the checklist you have been
given to record any salient features you consider
worthy of comment in a pre-translation analysis
of the document.
Be prepared to discuss your findings with the
class at the end of the session.
Pre-translation analysis of Report on
Title and Transfer of Part
Contextualisation
Two separate but related, complete documents
Two separate authors and functions but same legal domain
Jurisdiction common law of England and Wales
Report on title produced by solicitor for client who is
buying property, advising on legal matters in relation to
land subject of purchase
Transfer of part is a legally binding transfer of land prepared
by a solicitor intended for another solicitor and for
signature by client
Both texts inflexible and author of one not available for
clarification
16
Format and structure
Report
Typical report structure numbered headed
paragraphs
Transfer of part
Follows genre conventions for formatting : -
list of defined terms, headed sections of the
text, (transfer, covenants and schedules) use of
numbering, capitalisation of initial letter of
defined terms, and capitalisation of
performative sections
Register
Report
Field land law
Mode written to be read
Tenor formal but accessible (non binding
legal document supposed to be intended for
lay person) Mix of formal and informal eg use
/
18
8/20/2010
4
Transfer
Field land law/conveyancing
Mode written to be read
Tenor formal, impersonal. Evidenced by: -
defined terms, capitalisation, avoidance of
personal pronouns in favour of role
identifiers, avoidance of colloquialisms,
formulaic language, word strings etc
Cohesion
Report
Very little ellipsis or substitution
Lots of repetition, little use of pronouns
Lots of domain specific lexis
Lots of references to other documents
Conjunctions, mixture of simple and
complex, with former predominating
Transfer
Hardly any punctuation
Very little use of pronominals
Significant use of repetition
Very little if any ellipsis or substitution
Word strings strings of near synonyms
D
>
Many complex subordinating conjunctions
21
Syntax and punctuation
Report
Standard sentence length and structure
Transfer
Excessively long sentence structures
Minimal use of punctuation (except
parentheses)
Archaic syntactic structures
Performative
Lexis
Both documents have lots of domain specific
terminology
Both documents avoid colloquial or figurative
language
Transfer has much higher proportion of
archaisms, formulaic language, performative
language
23
Potential translation problems
Different purpose and background knowledge of
recipient in the two texts
Both documents very domain and jurisdiction specific
possible lack of equivalents in TT jurisdiction
Formatting of both documents might be different from
typical format of corresponding documents in TT
Need to break syntax down in transfer document
Problem of word strings
Problem of repetition
Problem of archaisms
24
8/20/2010
5
Overall issues to be aware of with
this dissertation option
Group aspects of the commentary under headings rather than going through each
section of the chosen text and discussing each aspect in turn in relation to each
section
Do not spend time discussing an aspect of the text which is not problematic or of
interest from a translation point of view
Sub headings can be useful, no need to avoid
This is not a research dissertation in the sense of requiring you to carry out a study,
so do not follow typical research dissertation format of abstract, literature review,
research question statement, research methodology etc
Normal academic referencing conventions still apply here . Use in-text short citation
and full referencing in reference list at the end of the dissertation. Only refer to texts
cited in the main body of your work. Ref-works is a useful tool to use.
Proofreading very important. If possible get it proofread by a native English
speaker friend/colleague.
Include parallel texts and texts referred to for illustration purposes in an appendix
Remember to back translate any examples into English
Exercise and checklist

Element of analysis

Comment on texts provided

Context and description

x Subject matter

x Author

x Flexibility

x Jurisdiction

x Purpose

x Presupposed knowledge of
recipient

Brief and costing

x Possible circumstances of
translation/s

x Possible purpose

x Possible end user/s

x Difficulties impacting on
costing?

Format


x Layout

x Headings?

x Optical signals?

x Pictorial elements?

Structure

x Document/s independent or
embedded in larger
document/s?

x Is there a standard format for
this genre? Does this
document comply with this?

Register

x Field?

x Tenor?

x Mode?

Cohesion

x Ellipsis?

x Substitution?

x Reference?

x Conjunctions?

x Lexis?

Punctuation and syntax


x Overuse /underuse of
punctuation?

x Punctuation use typical or
not of genre?

x Sentence structure

x Sentence length

x Word order

x Archaic syntax?

Lexis

x Formulaic language?

x Archaisms?

x Borrowing or words derived
from other languages?

x High degree of domain
specific/technical
terminology?

x Figurative language?

x Degree of formality?

Module 8

Dissertation wor kshop

Option A: Eval uation of data and constr uction of argument
x ppt lecture notes

Option B: constr ucti ng the reflective component / commentary
x ppt lecture notes
x text for translation brief

1
Dissertation workshop:
Evaluation of materials Writing up -
Revision criteria
2
Results
linked to the original question posed
are the outcome of the research conducted
results are produced by the method of
research used and argued for in the
methodology
3
Results -2
discussion of results needs to be closely
linked to what you set out to do
relate back to your aims and your
methodology
what did you say you were going to achieve
and how did you say you were going to go
about it?
4
Evaluation
do the results support your thesis, are they vague /
inconclusive?
if they support:
any statement made must be supported with reference to
your own research results or the literature
you must evaluate your results with respect to your thesis
and aims
Establish relevance to professional translation practice
how do your results support translation work, professional
translators, students
5
Uncertain, inconclusive results
if there are uncertain areas in your results or
they are inconclusive:
do not attempt to hide it / gloss over it or
not address it
you must discuss it and show how you dealt
with it
go back and see whether your methodology
is appropriate
6
Inconclusive results
do you need to do some more reading?
do you need to review your approach?
are there additional questions you can ask?
can you interpret the results with reference
to additional ways of thinking about your
topic?
2
7
Evaluation of inconclusive results
if your results do not at all support your original
thesis:
this is an outcome do not attempt to hide it
you must discuss it and evaluate why the outcome
is completely opposite to what you expected
you may need to go back to the literature and see
whether different approaches would have helped
(evaluate whether your methodology was
inappropriate)
8
Non` - results
it may be that non-results are a positive`
outcome i.e. your study proves that
something is not` signiIicant, marked,
different etc
you must evaluate this outcome with respect
to translation studies
what effects does this have for translation
work?
9
Recursiveness of research
research is like a spiral rarely linear progression
you constantly revisit areas you have worked on
before and reconsider them in the light of your
outcomes
you may need to go back to your reading and find
more approaches
you may need to reconsider / rewrite your
methodology
you may need to reformulate your aims
10
Reformulation / review
if this is the case, write it up: it is an
important part of your research method,
process and outcomes
you will not be penalised for such
reconsiderations but rewarded for it
you will be penalised if you do not address
these issues, if you attempt to slide over
them
11
Relevance for translation profession
in your discussion of results, you must
establish a link to translation,
evaluate what effects the outcome of your
work have for practical translation work
it is a reflection on how theoretical
investigation supports the practical work of
the professional translator
Adds to the resources` in legal translation
12
Revision criteria
1. Focus of research, structure of project,
appropriateness of material, resources
2. Methodology
3. Scientific weight / impact
4. Coherence of argument / relevance of
information /correctness
5. Communication and presentation
3
13
Focus of research, structure of
project
Is this project tightly focused or is it too general?
Does it establish a coherent thesis, develop
appropriate aims?
Is the structure meaningful, coherent, do all parts
follow each other logically or are there jumps?
Are there passages which should have been in a
different chapter?
14
Appropriateness of material,
resources
Is the raw data (texts, translations, parallel texts)
relevant to the topic?
Are there sufficient texts to substantiate the
argument, or to develop a problem/thesis out of?
Is the secondary literature consulted relevant and
appropriate?
Is the literature review complete` or are there
important contributions missing?
Is work included that is not relevant, misleading?
15
Scientific weight / impact
How does the topic relate to research in translation studies?
Does the project address something where there is a
perceived / real gap or is it just another study on an aspect
well covered?
Is the argument, content, thesis derivative or are there
original observations, comments, elements in it?
Is the discussion relevant or entirely descriptive, anecdotal
and/or does not contribute to an understanding of the
chosen aspect of translation studies?
16
Impact - argument
Could existing literature (and to what extent) be
used to develop the argument was it necessary to
transIer`, adapt theories, strategies etc to develop
solutions?
The more original`, the more had to be
developed, the more credit, even if perhaps
comments appear somewhat less polished than
comparable discussions where there is ample
literature available.
Is the discussion entirely descriptive or are there
analytical, evaluative, original elements to it?
17
Methodology
Does the chosen approach make sense with
respect to the topic of research?
Is it described and explained properly (i.e. is
a rationale given for choice of
methodology)?
Is it applied appropriately, thoroughly and
consistently or does the project deviate from
what is outlined at the beginning?
18
Fine-tuning methodology
If there are problems with the methodology, have
they been addressed, evaluated and
recommendations made?
Was it necessary to develop a questionnaire,
survey etc to fulfil the aims outlined for the
project?
Was there awareness of this need, was it carried
out appropriately? If not, was the need addressed
and identified as an area for future research?
4
19
Coherence of argument / relevance
of information /correctness
Does the argument make sense and is it developed in a
logical, meaningful way, making each step transparent and
providing relevant information to substantiate points
made?
Are there digressions, irrelevant points / paragraphs or
does everything relate to the topic of research and the aims
outlined at the beginning?
Are there factual mistakes, misinterpretations of the data,
wrong conclusions drawn? Is the relevant literature used to
develop the argument and support it?
Are there gaps, issues not addressed, inconsistencies?
20
Presentation and communication
Is the language tight, concise, cohesive or is it
loose, digressing, irrelevant?
Is correct and appropriate terminology used?
Does it address the issues using the metalanguage
or is the discussion conducted in general and
descriptive language?
Is it appropriately formal, academic, non-
judgmental, objective` but transparent?
8/20/2010
1
Dissertation workshop
Annotated translation II
Questions
1. Does the annotation have to cover
all the issues of note in the text or
just a sample of the main issues and
if the sample route is correct, do we
have to include an appendix with all
issues of that type?
Q 1 answer
You need to classify the types of key and
representative problems encountered in the
text, and then select prime examples of
each to comment on. Up to you how you do
so and whether you choose to use an
appendix with wider examples YOU ARE
THE AUTHOR OF YOUR OWN DISSERTATION,
AND THESE CHOICES ARE FOR YOU TO MAKE
YOURSELF THERE IS NO PRESCRIPTIVE
RUBRIC ON THIS OCCASION
2. How do we identify problem areas
in the text? There is no line
numbering but do we highlight them
using academic footnote numbering?
Q 2 answer
This is entirely up to your own judgment. There are
various possible options and you can choose from
these or devise your own method. Key is to
explain and justify your selected method. Again,
remember that this is YOUR work, and so
editorial decisions are entirely up to you.
Possible options: -
Line numbering
Highlighting with academic footnote numbering
Colour coding according to problem type
3. Can we see an example of a full
annotated translation and analysis so
we can get an idea of what it should
look like?
8/20/2010
2
Q 3 answer
/
this dissertation on this course. However, they key thing to
note is that you have covered all the individual elements of
the dissertation in your various different assignments: -
terminology research, documentation of resources,
commentary writing on register, cohesion and pre-translation
analysis generally, annotations in relation to translation
problems, and bibliography.
4. In the annotations, are we
supposed to reference theorists as
we have done in the assignments? (ie
conceptual gap (Newmark) Does it
also follow that we would also have
to identify the theorists behind any
translation solutions we use (ie
substitution, transference) or is it
sufficient to identify the solution?
Q 4 answer
As this is an academic piece of writing, it follows that you
need to cite in text and reference at the end all sources
used in accordance with Harvard conventions. Theorists
should therefore be cited and referenced accordingly. As
regards translation solutions, it is not strictly speaking
necessary to reference theorists behind particular
translation solution terminology ( eg transference) BUT it
might be a good idea to do so as different theorists use
terms in different ways, so transference according to
Baker might not apply to the same concept as
transference according to Munday, for example.
5. Do you want us to deal with industry
specific jargon in any specific way? For
example, collocational usage common
within a field that can be derived from
comparable texts how are we to
reference this, or do we need to make any
reference at all?
Q 5 answer
Again, it is largely up to you how you deal with this. Use of parallel
texts is encouraged, and these must of course be attached as
appendices and properly referenced. If you use parallel texts, you
must make it clear in the main body of your text how you have used
them, as the appendices support or act as examples for points
made in the main body of the text. You will need therefore to use
highlighting or colour coding to pick out the sections or terms in the
parallel text that you are using to illustrate your points in your
discussion. They key thing to remember is that it must be
transparent to the reader what you are using the parallel text for, or
to examplify.
6. How do we deal with terminology?
Should we use entry forms? If so is it
better to put them in the main body
of the text or in appendices at the
end? How do entry forms count
towards the word count?
8/20/2010
3
Q 6 answer
It is largely up to you how you deal with terminology and whether you
decide to use entry forms or not. If you do, then it is probably
advisable to insert these as an appendix, as otherwise they will
interrupt the flow of the argument in your discussion; however, if
there are only a few entry forms, then you might want to include
them in the main body of the discussion. If they are in the appendix,
then they are not included in the word count, but equally they are not
deemed part of the main argument and will not therefore be marked
so carefully. If they are in the main body of the text, then the
definitions and comments will be counted as part of the word count,
but not any of the other sections.
7. How are we supposed to structure the
commentary ? Is there a set structure?
Q 7 answer
As you might have guessed, there is no fixed structure to the commentary (for general formatting
instructions, see dissertation handbook) it us up to you how you structure the commentary, and
we looked at various options in the last workshop session. The point to emphasise is that what you
must NOT do is go through the text chronologically, commenting on each problem encountered in
order.
Personally my preferred structure would be: -
1. Contextualisation of the ST
2. Translation brief and costing
3. Pre-translation analysis ( could include contextualisation of ST and translation brief and
costing as first two sections)
4. Identification of translation problems and proposed solutions, categorised according to
nature of problem (eg non equivalence at word level, cultural problem, formatting issues,
register, collocational issues etc)
5. Documentation of research (could be incorporated in section on translation problems and
solutions
6. Bibliography
8. What is the point of the translation
brief and the costing? How specific
do I have to be with the costing?
Q 8 answer
This is the section of the dissertation which most
closely links to professional practice. The costing is
not really important per se, and does not need to
be accurate in terms of a precise figure. Its aim is
to make you think about the relative difficulty of
the text and whether there is anything about it
that would justify you in costing it more highly
than at a standard rate.
9. What should the brief address?
8/20/2010
4
Q 9 answer
Typical brief should address the following issues: -
t
What is the purpose of the translation?
Who is the commissioner?
When will the TT be used?
Who is the target readership/addressees?
What background knowledge do they have?
Will there be cultural difference?
Will there changes to the original text? (i.e. does the
translator have to intervene in order to fit the translation to
the purpose and the reader?)
Now look at the sample text and
accompanying brief
Task 1
In small groups, draft a translation
brief i) either for one of your
dissertation texts, or ii) for the text
you have been given. Make notes
and be prepared to present to the
rest of the class on the visualiser
Task 2
In small groups, discuss the structure of your
commentary. Do you all intend to structure it
in the same way or differently? Does the
nature of your text determine the structure in
any way?
Be prepared to explain your proposed structure
to the class.
23
Argument
Could existing literature (and to what extent) be used
to develop the argument was it necessary to
solutions?
d
the more credit, even if perhaps comments appear
somewhat less polished than comparable discussions
where there is ample literature available.
Is the discussion entirely descriptive or are there
analytical, evaluative, original elements to it?
24
Coherence of argument / relevance of
information /correctness
Does the argument in the commentary make sense and is it
developed in a logical, meaningful way, making each step
transparent and providing relevant information to
substantiate points made?
Are there digressions, irrelevant points / paragraphs or does
everything relate to the key aims of the commentary outlined
at the beginning?
Are there factual mistakes, wrong conclusions drawn? Is the
relevant literature used to develop the argument and support
it? Are all sources appropriately referenced?
Are there gaps, issues not addressed, inconsistencies?
8/20/2010
5
25
Presentation and communication
Is the language tight, concise, cohesive or is it loose,
digressing, irrelevant?
Is correct and appropriate terminology used?
Does it address the issues using the metalanguage or
is the discussion conducted in general and
descriptive language?
Is it appropriately formal, academic, non-judgmental,
Text for exercise: constructing a brief

FAO A.J. Martin
Moorcroft Debt Recovery Limited
Pre-Court Division
PO Box No 17
2 Spring Gardens
Stockport, SK1 4AJ

Date: 4 May 2010

Your Reference:
005519265100(D-PC107)

Your Client Reference:
CL107954101

My Reference:
SH/ T VAI M/72
Please quote this reference in all communications

RE: CL AI M T O COL L E CT PAYMENT AGAI NST AN AL L E GEDL Y
UNCL E ARED ACCOUNT

Dear Sir or Madam,
I am writing to you in response to your letter of 28 April 2010, which I received today on 4
May 2010.
As I have never entered into any contract with yourselves, I fail to see your legal standing in
this matter and following this letter I will not enter into any further communication with
yourselves until such time as you have provided me with a copy of any authorisation you may
hold from VIRGIN MEDIA to act on their behalf.
However, in the interest of clearing up what is clearly either an administrative mistake or a
clerical error, please find below my response to your letter:

1) In your letter you claim to be acting as agents for VIRGIN MEDIA, and you state that
you were contacting me to 'collect payment against uncleared accounts.

Although you claim to be acting for VIRGIN MEDIA, I do not have any evidence of
that other than your letter. I have not been contacted by VIRGIN MEDIA to inform
me of any resort to a debt collection agency, nor have you provided a copy of any
such authorisation with your letter. I hereby expressly notify you of the fact that any
information divulged by me in this letter is provided in good faith, in the belief that
you are indeed acting for VIRGIN MEDIA, and in the hope of quickly and

unbureaucratically resolving the current situation. The use of any of the information
provided for any purposes other than the abovementioned is expressly prohibited.

2) You state that you were contacting me to 'collect payment against uncleared
accounts.

As you may or may not be aware, I do not currently have an account with VIRGIN
MEDIA. Although I did have an account originally with Telewest Broadband, their
predecessors, from August 2005 and subsequently with VIRGIN MEDIA on their
take-over of the above mentioned company, I terminated that account with effect
from 1
st
March 2010.Following termination of the said account, I settled all
outstanding amounts due to VIRGIN MEDIA (29.00) on 9
th
March 2010. This
payment was made by HSBC Visa debit card, and I have bank statements to verify the
aforementioned payment. At the time of payment, I asked the customer services
adviser to confirm orally that this was full and final settlement of any and all amounts
owed by myself to your client VIRGIN MEDIA, and she confirmed this was the case.
Therefore from my perspective at that point I had settled my account with VIRGIN
MEDIA, and I have indeed not received any requests for payment from them since.
For the avoidance of doubt, I do not acknowledge that I owe any debt to
VI RGI N MEDI A or yourselves.
Quite apart from the fact that I do not believe that I do owe any debt, I am baffled as
to why VIRGIN MEDIA have (apparently) instructed a debt collection agency
without even sending so much as an invoice, a reminder or indeed any sort of request
for payment.
I consider this approach to be a deliberate attempt to intimidate people into paying
sums they may or may not owe, and if I were not a qualified lawyer, I would have
been somewhat disconcerted by your letter. Moreover, I am concerned that you may
be using similar intimidation tactics with other current and ex account holders at the
request of your client, who are less aware of their legal rights, and bullying these
account holders into making payments on the basis of no evidence whatsoever that
such sums are in fact due and owing.
As you will no doubt be aware, it is up to you to prove my liability for any debt you
claim I might owe you or your client. As I have stated above, I do not believe that I do
owe any debt, but of course I would be happy to pay any amount legitimately
outstanding. However, in order to assess any legitimate claim VIRGIN MEDIA might
have, it would be necessary for me to see any documentation relied upon to establish
any such liability, as well as a detailed breakdown showing precisely how the alleged
unpaid balance of 125 has been arrived at. In view of the fact that you state that
'thei r records show that [my] account has an unpaid balance of 125, it should not
be difficult to locate those records to substantiate your claim.

3) You stated that if I had difficulties in paying the amount in full, it was important that I
contacted you immediately.


As I have pointed out above, I do not believe that I do owe VIRGIN MEDIA the sum
claimed or indeed any sum. However, I can confirm that I am in a position to pay the
amount in full, and indeed that I am willing to do so, provided that you can show that
any such sum is legitimately due and owing. I did not receive your letter of 28
th
April
until this morning (4
th
May), as I was away over the bank holiday break.

I trust that the above response to your claim satisfies you and/or your client that this claim for
monies owed by myself to your client is in error, and I look forward to receiving your
confirmation that this matter is now closed.

In the unlikely event that this is not the case, I summarise again below what I expect to see in
any further communication you may wish to send to pursue this claim:
1) A copy of your written authority to act on behalf of VIRGIN MEDIA;
2) Copies of any bills, reminders or other payment requests allegedly sent by VIRGIN
MEDIA in respect of this alleged debt;
3) A copy of the contract establishing my liability for any sum claimed;
4) A detailed breakdown of how the sum claimed has been arrived at, including any
payments made to the account up to and including the payment listed above, which I
believed to be the final payment;
5) A copy of your complaints procedure.

On a final note, I have always been a staunch supporter and promoter of your client and the
services they provided, and have in the past recommended them to friends and family, some
of whom have in turn become customers at my suggestion. However, given their extremely
high-handed and inappropriate action in instructing yourselves to act for them in a debt
recovery claim against me which is totally unsubstantiated, without any prior invoice,
reminder, warning letter or notification of having instructed yourselves in this matter, I shall
certainly not be recommending them in the future, and in fact will make sure that I inform
anyone who is interested of the way in which I have been treated.

Yours faithfully,

Sarah Hall

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MA Legal Translation

Applied Translation Theory

freeholder has deliberately caused such lapse).

SVA I am in the garden.

Temptation to go on reading and delay writing

assess the relevance to the topic

ID number and date of submission

Text for exercise: constructing a brief

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