Translators' Subjectivity In Legal Translation

Translation is an old and reviving subject in which the translator is an indispensable element.Therefore,the translator's subjectivity becomes a problem that has to be concerned with in the process of translation,especially in legal translation study.Although legal translation theory is regarded as one integral part of the traditional translation theories, few scholars have explored the legal translation theory systematically because legal translation has long just been regarded as a branch of technical and scientific translation in which the main task or purpose of the translator is to render terms between English and Chinese.Thus,the position of the translator's subjectivity has not been given its due weight in legal translation studies for a long time.However,legal texts produced in different legal systems are the language carriers loaded with different legal norms and social rules accumulated in different social and cultural backgrounds.A legal translator has to make subjective choices so as to meet the purpose of translation when faced with different legal languages and different legal cultures.The thesis is based on the perspective of the translator's subjectivity in the inter-translation of legal Chinese and legal English.Firstly,faced with different legal cultures,a legal translator has to exert his subjectivity by selecting the values of laws so as to improve the legislation of the society where the translator lives.Secondly,this thesis illustrates,by way of comparison between English and Chinese,the role of the legal translator's subjectivity in the choice of legal texts,matching of the legal terms,the syntactical correspondence in accordance with the different characteristics of English and Chinese legal language.Thirdly,the paper also deals with the two typical problems on the exertion of subjectivity in legal translation.In this context,the thesis reclaims two points in its conclusion:one is that the legal translator's position should be highlighted and the translator should be encouraged to exert his subjectivity in legal translation;the other one is that the legal translator should abide by the essential translation principles while exercising his subjectivity. The thesis consists of five chapters.The first chapter introduces the purpose and the significance of the research.The second chapter analyzes the history and current situation of subjectivity and lists two chief factors affecting the legal translator's subjectivity.The third chapter proposes the practice of the legal translator's subjectivity at the levels of text, syntax,and lexical choice.The fourth chapter examines two typical problems concerned with translator's subjectivity in legal translation.Although a legal translator plays an active and unique role in the process of understanding and expressing,he should abide by the primary translation principles.The last chapter concludes that it is necessary for a legal translator to exert himself in exercising subjectivity fully within the general translation principles,and then translate legal texts effectively.