New Advances in Legal Translation and Interpreting (New Frontiers in Translation Studies)

This book describes interdisciplinary exploration of matters related to the translation and interpreting of legal texts. Translation of legal texts has grown exponentially since the beginning of new millennium in response to the fast-increasing volume of international trade and business as well as all sorts of other transnational activities in a myriad of spheres. International trade demands translation of trade laws and business contracts, immigration leads to rise in court interpreting services, and countries may seek to enhance their international influence through translating and making known to the world their laws and/or other legal documents. These legal translation activities occurred mostly between languages officially used in international or regional organizations, such as the United Nations and the European Union, and between the languages of major countries who exert or seek influence on international economy and law. On the other hand, rapid advances in computer technology and artificial intelligence in recent years have also brought about changes in the practices of legal translation. With changes also come problems in both theory and practice that merit our immediate attention. This edited volume highlights the newest developments in the theory, practice, and training of legal translation, with contributions from international leading researchers in this area. It will be a standard reference for anyone who is to embark on research and practice of legal translation in the twenty-first century. It is also adaptable as teaching materials for translation and interpreting training.Chapter “Translating Legal Terms at International Organisations: Do Institutional Term Banks Meet Translators’ Needs?” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com. Contents Editors and Contributors Introduction References Boundaries of Legal Communication Between Pluricentric and Non-pluricentric Languages: A Case Study of English and German Legal Translation 1 Introduction 2 Studies on Pluricentrism and Interference 3 Research Methods 3.1 Pluricentrism 3.2 Homograph and Homosignificative Terms 3.3 Homograph and Partially Homosignificative Terms 3.4 Homograph and Non-homosignificative Terms 3.5 Not Homograph but Homosignificative Terms 3.6 Not Homograph but Partially Homosignificative Terms 3.7 Discussion and Conclusions 4 Conclusions References Comparative Legal Translation: Chinese Law and EU Law 1 Introduction 2 The Translation of Chinese Law motu proprio 3 Context-Oriented English Translation of Chinese Law 3.1 New Expressions for New Discourse 3.2 Adhering to the Functional Equivalence 4 Self-expression of Chinese Law References How to Translate Chinese Legislative Texts into English: A System of Principles 1 Introduction 2 A Brief History of English Translation of Chinese Civil Laws 3 Law of Equivalence 3.1 Equivalence of Text Type 3.2 Semantic Equivalence 3.3 Formal Equivalence 4 Law of Identity 5 Law of Equal Authenticity 6 Remarks Also on the Foreign Dissemination of China’s Discourse of the Rule of Law References Striking the Right Note: A Corpus-Assisted Study of Deontic Modality in Translating PRC Civil Code into English 1 Introduction 2 Deontic Modality in English and Chinese 3 Deontic Modality in the PRC and Louisiana Civil Codes 3.1 The Distribution Features of Deontic Modality in the PRC Civil Code 3.2 The Distribution Features of Deontic Modality in the Louisiana Civil Code 4 Translation Decision-Making for Deontic Modality 4.1 Linguistic Norms for Translating Deontic Modality 4.2 Shifts in the Translation of Deontic Modality 5 Conclusion References A Corpus-Assisted Study of Nominalization in Translated and Non-translated Judgments 1 Introduction 2 Previous Research on Judgments 3 The Current Study 3.1 Nominalization 3.2 Classification of Nominalization 3.3 Research Questions 3.4 Compilation of Judgment Corpora 3.5 Analytical Framework 4 Results 4.1 The Quantitative Differences of NOMz Across AHC, HKT, and HKN 4.2 Four Types of Nominalizations Across HKT, HKN, and AHC 4.3 The Qualitative Comparisons of Nominalizations Across HKT, HKN, and AHC 5 Discussion 5.1 Simplification in Legal Language 5.2 Legal Functions of Translated Judgments 5.3 Influence of Plain English Movement 6 Conclusion and Limitations Appendix Notes References Probabilistic Explanation in Legal Translation Studies 1 Introduction 2 Research Methodologies in Legal Translation 3 Corpus-Based/Driven Approaches in Legal Translation 4 Probabilistic Features in Legal Translation: A Case Study 5 Top-Down and Bottom-Up Methodologies in Legal Translation Research 6 Conclusion References How Does Interpreter’s Intonation Affect the Pragmatics of Courtroom Questions? A Case Study of Chinese-English Court Interpreting 1 Introduction 2 Literature Review 2.1 Intonation and Focus 2.2 Intonation in Interpreting Studies 3 The Study 4 Findings and Discussion 4.1 Interrogating 4.2 Emphasising 4.3 Topic-Shifting 4.4 Ridiculing 5 Conclusion References The Court Interpreters’ Power Through Creating Topical Actions: An Empirical Study on Interpreter-Mediated Encounters at Bilingual Courtrooms in China’s Mainland 1 Introduction 2 Research Background 2.1 The Court Interpreter’s Role 2.2 The Interpreter’s Power 2.3 Power and Topical Actions in the Courtroom 3 Research Questions and Data 3.1 Research Questions 3.2 Data 4 Analysis 4.1 Ratifying a Topic 4.2 Limiting the Topic 4.3 Raising a New Topic 5 Conclusion References A Perspective on Professional Ethics of Legal Translators and Interpreters 1 Introduction 2 Definition of Professional Ethics of Legal Translators and Interpreters 3 The Significance of Constructing the Professional Ethics of Legal Translators and Interpreters 3.1 The Importance of the Professional Ethics 3.2 The Absence of the Professional Ethics 4 The Main Connotation of the Professional Ethics 4.1 The Core Values: Targeted Service 4.2 The Fundamental Value: Solid Knowledge and Skills 5 Ways to Promote Professional Ethics of Legal Translation/Interpreting 5.1 The Cultivation of Talents 5.2 Legal Translation Profession Access System 6 Conclusion References The Use of Self-Reflection to Develop Intercultural and Pragmatic Competence in the Legal Interpreting Classroom 1 Introduction 2 Background 3 Pragmatic Equivalence 4 Cultural Competence 5 Pragmatic Equivalence and Cultural Competence in Interpreting 6 Teaching Pragmatic Equivalence and Cultural Competence 7 Theoretical Positioning 8 Self-Reflection in Translation and Interpreting Education 9 The Study 10 Student Self-Reflections 10.1 Theme 1: Linguistic Competence (Grammar, Register, General and Specific Vocabulary) 10.2 Theme 2: Personal Skills (Concentration, Diplomacy, Stress Resistance) 10.3 Theme 3: Cultural Competence 10.4 Theme 4: Barriers to Learning 11 Some General Comments 12 Conclusion References Rendering Morphosyntactic Features of Legal Spanish Judgments Using Neural and Statistical Machine Translation 1 Introduction 2 Related Research 3 Methods 4 Results 4.1 Verb-Subject Order 4.2 Voice 4.3 Long-Distance Syntactic Issues and Overall Grammaticality 5 Discussion and Conclusion References Translating Legal Terms at International Organisations: Do Institutional Term Banks Meet Translators’ Needs? 1 Introduction 2 Multi-method Approach 3 Institutional Approaches to Legal Terminology Work 4 Perceptions of Legal Term Records Among Institutional Translation Professionals 5 Evaluation of Illustrative Records of Legal Terms 6 Conclusions References Correction to: Translating Legal Terms at International Organisations: Do Institutional Term Banks Meet Translators’ Needs? Correction to: Chapter “Translating Legal Terms at International Organisations: Do Institutional Term Banks Meet Translators’ Needs?” in: J. Zhao and V. L. C. Lei (eds.), New Advances in Legal Translation and Interpreting, New Frontiers in Translation Studies, https://doi.org/10.1007/978-981-19-9422-7_13