On The Creativity Of Translators In Legal Translation

Inasmuch as the objectivity, preciseness anconservativeness of legal language, legal translation, a process of mere transcoding, has always been regarded as a kind of translation which places the strictest demand on translators. For fear that any alterations in text might lead to the deviation in legal effect, legal translators have so far confined themselves to the rigid word-to-wbrd translation. In this respect, no translators of any other kind of translation are subjected to stricter demand. Nonetheless, as translation studies are advancing, especially in the enlightenment of the Canadian legislative reforms, legal translation has grown into a transcultural phenomenon, in which all factors centered around translators interact with each other, translators take the initiativein decision-making, and translators conduct creative thinking within the given framework. Due to the discrepancies in the cultural background and legal system between different countries, the creativity of translators in easing these differences plays an imminent and vital role in legal translation. To achieve effective correspondence between SL and TL, it is required that legal translators should endeavor to display their initiative and creativity on the basis of faithfulness to SL. If so, the legal spirit and legal effect of the original will be maintained more effectively. Starting from this point, the writer of this thesis examines the latest theories and practices involved in legal translation in western countries and deals withthe English translations of some Chinese laws. The main focus is on defining the creativity of legal translators and elaborating to what degree translators are entitled to freedom and how they can bring their creativity into fiill play in legal translation. The writer drew a conclusion through a detailed analysis: translators do have some creativity in legal translation, but it is restricted; translators are being creative not for the creativity itself but for the ultimate goal of achieving fluent, smooth and idiomatic translations. As a special-purpose translation, legal translation has an urgent need for the guidance of a theory that conforms to its special purpose. With the theoretical studies continued in legal translation, it is inevitable that a positive influence will be exerted on the more frequent contacts between different countries in the legal area.MA student: Hua Ying Supervisor: Prof. Mao Junchun...