A Study On The Legislative Text Translation From The Perspective Of Functionalist Translation Theory

The present thesis probes the legislative text translation by means of a case study on the Contract Law of the People's Republic of China (CLPRC). Based on literature studies, this thesis proposes that legal translation studies could get inspiration from functionalist translation theory, and it explores and concludes specific translation brief, translation types and translation problems of the legislative texts. Taking translation problems in legislative texts as its subjects, the case study first discusses the translation brief, translation types and translation problems of the CLPRC. Nord's model for translation-oriented text analysis is then employed for comparative analysis on the extratextual and intratextual factors between the source-text and the target-text. The analysis yields transfer requirements for functional translation, which shed light on the identification and analysis of translation problems. Under the guidance of functionalist translation theory, this study concludes solutions to translation problems as follows:Pragmatic translation problems could be identified by the seven extratextual factors in the text-analytic model, including sender, receiver, medium, time, place, motive and function, and could be solved by the transfer requirements yielded from comparison of the extratextual factors between the source-text and the target-text.Convention-related translation problems could be identified by analysis on genre conventions, general style conventions, measuring conventions and formal conventions of marking by italic or capital. To resolve this kind of translation problems, adaptations or adjustments needs to be made in accordance with specific conventions in different culture.Linguistic translation problems could be identified in vocabulary, syntax or other linguistic features. Since languages differ in vocabulary and syntax, equivalent translation could only be achieved in line with the transfer requirements and intended functions. In regard of the speciality and solemnity of legal language, it is also necessary to draw on relevant knowledge in laws, professional translation tools, contrastive grammar, comparative syntax, etc.Text-specific translation problems could be identified in figures of speech, words creation and other textual features. Different text types are of different features. In this regard, specific text should be translated in accordance with its particular textual features. Since textual features vary in different situations and cultures, text-specific translation problems should be resolved in line with the intended functions.Based on the case study, this thesis put forward implications as follows:Functionalist translation theory could effectively give guidence to the legislative text translation. The comparative analysis on the extratextual and intratextual factors allows us to infer transfer requirements, which give instructions for resolving translation problems. The solutions of translation problems could fulfill the intended functions and ultimately improve the translation of the legislative texts. The legislative text translation is a specific field in translation studies. In this regard, a satisfactory the legislative text translation could only be drafted when the translator has a good command of bilingual and legal knowledge, makes reasonable use of professional resources and tools, and knows well the standards of legal drafting. This thesis insists that a combination of theory and practice in this field will make the legislative text translation in our country more and more accurate, standardized and authoritative.