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Functionalist Approaches To Legal Translation

Posted on:2008-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:X H ZhangFull Text:PDF
GTID:2155360212987437Subject:Foreign Linguistics and Applied Linguistics
Abstract/Summary:PDF Full Text Request
Legal translation enjoys a long history and plays a very important role in the development of human civilization. Legal translation experiences changes in the way that it is carried out in its history, from strict literal translation formerly to co-drafting today.Law is formulated basically for resolving disputes, maintaining order, and consolidating governance. The functionalist translation theory provides a function-oriented theoretical framework for translation studies. It places emphasis on the function of the text and makes top-down studies on translation, which is highly applicable to legal translation studies.According to the functionalist translation theory, there are four important rules brought forward, i.e., the Skopos rule, the coherence rule, the fidelity rule and the loyalty rule. Among them, the Skopos rule is the top-ranking. And in this theoretical framework, the translator plays a crucial role in the translation process.Legal texts are produced to embody special functions and legal effect. To bring such special functions and legal effect into intended play, legal texts should be produced in a standard legal language. If the legal translator expects to have the target legal text consistent with the source legal text in functions and legal effect, he should always keep the Skopos in mind and have a sufficient knowledge of the source and target legal languages, features of the source and target legal texts, and the source and target legal cultures.In practice, the legal translator experiences changes in his role in legal translation, from the mediator formerly to the co-drafter today. And principles that the legal translator should observe in his job develop accordingly. He not only obtains more freedom but also creativity to some extent.In the future, legal translation studies will not be confined to the bottom-up perspective from which only lexical and syntactic analysis is made, but will be made from the top-down perspective from which emphasis is placed on the function of the legal text and its legal effect with reasonable attention paid to the lexical and syntactic analysis.
Keywords/Search Tags:Legal translation, functionalist translation theory, legal translator
PDF Full Text Request
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