An Analysis On Legal Translation In A Functionalist Approach

Adopting a functionalist approach, this thesis conducts a systematic study on legal translation by integrating the macro-level theories of translation studies with the micro-level translation practice.Through literature review, some problems have been found with the traditional translation approach to legal translation. Despite its long history, legal translation has long been neglected in both translation and legal studies. Given this backdrop, a special theory of legal translation which takes account of legal criteria is needed. As this study has attempted to prove, a theory of legal translation must be practice-oriented in order to be effective. The functionalist translation approach which is developed by German translation scholars has modernized translation theory by offering an alternative to traditional translation. Therefore this study turns to functionalism by proposing a theoretical framework in which the legal translation is regarded as an act of communication in the mechanism of the law.Detailed case analyses are made on the basis of the framework and the pattern with the focuses on the functionalist description of the procedure that a translator usually goes through in order to determine a certain translation strategy. In the case analyses, we find that, before he finally comes to a decision, a legal translator has to go through a process consisting of hierarchical stages. Before going down to the actual translating, the translator should interact with the initiator to identify the Skopos, which is the prime guiding principle all through the whole translation process. And then he/she goes through the source- and target-text analysis to decide translation strategies. As such, the legal translator may succeed in converting his/her passive role in the communication process into an active one.By suggesting a worthy theoretical framework for legal translation, this thesis makes an effort to associate functionalist theory with legal translation practice. Functionalist theory is adapted for analysis of legal translation phenomena, which may offer an alternative to traditional translation. And at the same time, by developing an operable functionalist translation procedure, the research in this area may make a small contribution to the legal translation practice.