The problems of judicial translation of Earle Stanley Gardner’s Book.

The problems of judicial translation of Earle Stanley Gardner’s Book.

Тип работы: 
Предмет: Иностранные языки и языкознание
Год выполнения: 
5 500руб.
№ работы: 1428

to the diploma paper of the student of group ________
of the department of applied linguistics and translating techniques
on the subject: “The problems of judicial translation of
Earle Stanley Gardner’s Book
The Case of the Shoplifter’s Shoe”
Scientific supervisor: __________________________

The research covers the problem of judicial translation of English and Russian legal papers and texts. The main objective of the work is the features and translational techniques of legal papers.
The diploma work consists of the following parts: the introduction, theoretical and practical parts, the conclusion, list of references.
In the introduction the author defines the goals and objectives of the research. Theoretical part of this research covers theoretical aspects; particularly it deals with the legal terminology and its translational transformations.
In practical part of the work the author analyses particular legal terms, translates them in order to compare the content and the sense of articles with the Russian ones. The main task here is to define what kind of translation transformations is used in the translation of English legal terms.
In the conclusion the author says about the results of the research, summarized the goals and objectives that have been fulfilled.
Bibliography consists of 26 sources.

Translation is the interpreting of the meaning of a text and the subsequent production of an equivalent text, likewise called a “translation”, that communicates the same message in another language. The text to be translated is called the “the source text”, and the language that it is to be translated into is called the “target language”; the final product is sometimes called the “target text”. Translation must take into account constraints that include context, the rules of grammar of the two languages, their writing conventions, and their idioms. A common misconception is that there exists a simple word-for-word correspondence between any two languages, and that translation is a straightforward mechanical process; such a word-for-word translation, however, cannot take into account context, grammar, conventions, and idioms. Translation is fraught with the potential for “spilling over” of idioms and usages from one language into the other, since both languages coexist within the translator's mind. Such spilling over easily produce linguistic hybrids such as “Franglais” (French-English), “Spanglish” (Spanish-English), “Poglish” (Polish-English). On the other hand, inter-linguistic spillages have also served the useful purpose of importing calques and loanwords from a source language into a target language that had previously lacked a concept or a convenient expression for the concept. Translators and interpreters have thus played an important role in the evolution of cultures.
The art of translation is as old as written literature. Parts of the Sumerian Epic of Gilgamesh, among the oldest known literary works, have been found in translations into several Asiatic languages of the second millennium BCE. The Epic of Gilgamesh may have been read, in their own languages, by early authors of the Bible and of the Iliad. With the advent of computers, attempts have been made to computerize or otherwise automate the translation of natural language texts (machine translation) or to use computers as an aid to translation (computer-assisted translation). The latin “translatio” derives from the perfect passive participle, “translatum”, of “transferre” The modern Romance, Germanic and Slavic European languag es have generally formed their own equivalent terms for this concept after the Latin model – after “transferre” or after the kindred “traducere” (“to bring across” or “to lead across”). Additionally, the Greek term for “translation”, “metaphrasis” (“a speaking across”), has supplied English with “metaphrase” (a “literal translation”, or “word-for-word” translation) – as contrasted with “paraphrase” (“a saying in other words”, from the Greek “paraphrasis”). “Metaphrase” corresponds, in one of the more recent terminologies, to “formal equivalence”, and “paraphrase”, to “dynamic equivalence”.
Newcomers to translation sometimes proceed as if translation were an exact science – as if consistent, one to one correlations existed between the words and phrases of different languages, rendering translations fixed and identically reproducible, much as in cryptography. Such novices may assume that all that is needed to translate a text is to “encode” and “decode” equivalents between the two languages, using a translation dictionary as the “codebook”. On the contrary, such a fixed relationship would only exist were a new language synthesized and simultaneously matched to a pre-existing language's scopes of meaning, etymologies, and lexical ecological niches. If the new language were subsequently to take on a life apart from such cryptographic use, each word would spontaneously begin to assume new shades of meaning and cast off previous associations, thereby vitiating any such artificial synchronization. Henceforth translation would require the disciplines in this article. Another common misconception is that anyone who can speak a second language will make a good translator. In the translation community, it ie generally accepted that the best translations are produced by persons who are translating into their own native languages, as it is rare for someone who has learned a second language to have total fluency in that language. A good translator understands the source language well, has specific experience in the subject matter of the text, and is a good writer in the target language. Moreover, he is not only bilingual but bicultural. It has been debated whether translation is art or craft. Literary translators, such as Gregory Rabassa in “If this be treason”, argue that translation is an art – a teachable one. Other translators, mostly technical, commercial, and legal, regard their “metier” as a craft – again, a teachable one, subject to linguistic analysis, that benefits from academic study. As with other human activities, the distinction between art and craft may be largely a matter of degree. Even a document which appears simple, e.g. a product brochure, requires a certain level of linguistic skill that goes beyond mere technical terminology.
Any material used for marketing purposes reflects on the company that produces the product and the brochure. The best translations are obtained through the combined application of good technical-terminology skills and good writing skills. Translation has served as a writing school for many prominent writers. Translators, including the early modern European translators of the Bible, in the course of their work have shaped the very languages into which they have translated. They have acted as bridges for conveying knowledge and ideas between cultures and civilizations. Along with ideas, they have imported, into their own languages, loanwords and calques of grammatical structures, idioms and vocabulary from the source language. Interpreting, or “interpretation”, is the intellectual activity that consists of facilitating oral or sign-language communication, either simultaneously or consecutively, between two or among three or more speakers who are not speaking, or signing, the same language. The words “interpreting” and “interpretation” both can be used to refer to this activity; the word “interpreting” is commonly used in the profession and in the translation-studies field to avoid confusion with other meanings of the word “interpretation”. Not all languages employ, as English does, two separate words to denote the activities of written and live-communication (oral or sign-language) translators. Even English does not always make the distinction, frequently using “translation” as a synonym of “interpretation”, especially in nontechnical usage. Interpreting has been in exsistence ever since man has used the spoken word. It has therefore always played a vital role in the relationships between people of different origins since the beginning of mankind. However, there is a lack of hard evidence pinpointing the time of the creation of interpreting due to the fact that interpreting, unlike written translations, leaves behind no written proof. The first written proof of interpreting dates back to 3000 BC, at which time the Ancient Egyptians had a hieroglyphic signifying “interpreter”. The next widely known use of interpreting occurred in Ancient Greece and Rome. For both the Ancient Greeks and Romans, learning the language of the people that they conquered was considered very undignified. Therefore, slaves, prisoners and ethnic hybrids were forced to learn multiple languages and interpret for the nobility.
Futhermore, during this era and up until the 17th century. Latin was the lingua franca, or the language of diplomacy, in Europe, and therefore all nations had to have some citizens who spoken latin in order to carry on diplomatic relations. Throughout the centuries, interpreting became more and more widely spread due to number of factors. One such factor is religion. The people of many different religions throughout history have journeyed into international territories in order to share and teach their beliefs. For example, 17th and 18th centuries AD, many Arabs were in West Africa in order to trade. Along with commerce, however, the Arabs introduced Islam to the Africans, and Arabic, the language of the Koran, became ever more important. Interpreters assisted in spreading the word of the Koran to the local villages. Another religion that has always yearned to explaned its borders is Christianity. In 1253, William of Rubruck was sent by Louis IX on an expedition into Asia accompained by interpreters. This was one of the very first large-scale pure mission trips:
William's sole purpose was to spread the word of God. Another factor that played a large role in the advancement of interpreting was the Age of Exploration. With so many expeditions to explore new lands, people were bound to come across others who spoke a different language. One of the most famous interpreters in history came out of the Age of Exploration, specifically the early 16th century. This interpreter was of Mexican descent, and served Cortes on his crusades. Her name was Dona Marina, also known as “La Malinche”. La Malinche serves as good example of the feelings held toward interpreters in the Age of Exploration. Because the interpreters that helped the conquerors were often of native descent, their own people often felt that they were traitors, regardless of the circumstance and whether or not they were interpreting voluntarily. On the other hand, however, these people served as a connection between the native population and the explorers. The explorers therefore treasured these go-betweens. Furthermore, interpreters enabled many pacts and treaties to occur that otherwise would not have been possible; they have played a large role in the formation of the world that we know today.
The aim of this work is to show the features and possible ways of dealing with judicial terms in translation. We will go through the differences in language systems (both grammatical and lexical) and also show how legal systems affect the terminology and vice versa. We will also analyze the translational techniques and methods to further clarify and highlight their similarities and differences. Futhermore in practical part we will show how the terminology is affected by translators and how flexible the translational borders are.

It is impossible to imagine our modern society without translation and interpreting. People all over the world communicate with each other in different spheres: art, medicine, science, technology, politics, and music. Of course, a lot of people know foreign languages, but they also need the interpreters and translators service as well. Only in tandem they can achieve good success. If a person has chosen the profession of interpreter, all his life turns into study, with rare, casual breaks. First of all, any language develops, any society does it, any relations do it too. Of course any interpreter or translator must know the theory of translation which differs him from any person who knows foreign language. The theory of translation is his main tool which gives him knowledge and strength. In the first chapter of the work the attention was paid to the history of interpreting and establishing of the translation theory.
The attention was also paid to the types of interpreting. As the past century was famous for its communication boom, the theory of translation was also influenced. The communication among people made the theory develop in order to be more useful and helpful. In this vary chapter some modern western schools of translation were described. The strong and weak points of the basic were also shown there. In the second chapter attention was also paid to the main popular modern types of interpreting and translation. Simultaneous translation is of great importance nowadays. Comparing with other types of interpreting and translation it is the most complicated type of interpreting, and it is more perfect form of consecutive translation. To perform such kind of interpreting, a person must be good prepared and well-trained. Simultaneous translation is both art and talent. And as any art it requires a talent, which is impossible to learn. However any talent requires development and constant perfection. Machine translation is also very popular and useful nowadays. There are a lot of special computer programs which make the process of translation easier. But machine translation without final correction is always clumsy and awful, it needs the corrections of the translator. And if you know foreign language very well, such kind of translation will help you in your work, making it faster and easier. This work may be interesting for students of foreign language faculties, teachers and young translators as well. The information given there will be useful and helpful for them. It will be also interesting for those who are going to be interpreters or translators.
Also we have seen the breakdown of usage of different translational methods represented in the Supplement Materials. The Cultural Borrowing as a method is most oftenly used one due to the nature of the method and the specifics of the judicial terms. Monosemic terms are best translated that way. Communicative translation takes the second place because of the cultural proximity and the existing ways of transference between the languages. It also is better explained by the fact that most terms have Latin origin. And the calque is least used method of legal terms translation because of the lowest possible adaptational degree offered by this method.
The other way to approach the analysis of the translational transformations is to show how the terms differ in translation depending on their popularity. What we saw was the established dominance of cultural borrowing with no correlation with the terms scientific popularity. The other methods are seeing different changes towars the mark of least popular terms. The calque grows in number of usage so the most unpopular terms are – in the end – the least adapted due to the their terminological monosemantics.
Comparative analysis of judicial terminology in the legal sphere is very important and not well developed. One of the main directions here was to outline and study some applied tasks, for example, to make an full analysis of terminology systems in various branches of law. Much research was done by Russian linguists in this sphere, and a number of interesting works can be mentioned, but all of them are devoted to solving a particular problem and the whole lexical field is not researched. We made those fragments of scientific research the whole again. Besides, the task of searching for an adequate inter-language equivalent does not always attract the researcher’s attention. Thus, the contrastive analysis is limited to the semantic level and does not include the choice of translation equivalents.
Comparative terminology could contribute to creating bilingual dictionaries of legal terminology, which would not only contain the translation of terms, but where the Russian-English lexical fields would be contrasted and equivalents explained.

The problems of judicial translation of Earle Stanley Gardner’s Book.

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