Understanding Process In Legal Translation: From The Perspective Of Hermeneutic Circle

In the western countries, hermeneutics theory applied in translation study datesfrom the1870s. For translation theory research and translation practice,hermeneutics has a guiding function. Similarly, in the process of legal translationtheory research and legal translation practice, the hermeneutics can also guide legaltranslation. Legal language is always famous for its obscurity. One of key points oflegal translation is to accurately understand the original legal text. In hermeneutics,as the general principle to text interpretation, the hermeneutic circle plays a crucialrole in text interpretation. The historical researches on hermeneutics aspect mainlyapply this principle into the understanding of literary works, into the application ofeducation, into the appreciation of art works and into the application of judicialinterpretation. However, the proper application of hermeneutic circle in theunderstanding of legal translation is few and far between.This thesis emphatically discusses the application of hermeneutic circle in theprocess of the understanding of the original legal text. In hermeneutics, as thegeneral principle to the text interpretation, the hermeneutic circle refers to the ideathat a person’s understanding of the text as a whole is established by reference to theindividual parts and a person’s understanding of each individual part by reference tothe whole. Neither the whole text nor individual part can be understood withoutreference to one another. Therefore, it is a circle. The hermeneutic circle is notconfined to the circle between the whole and part. It can further extend to the circlesbetween understanding of words, phrases and discourses even touch the translationsubject and related field covering relevant politics, economics, history, philosophyetc.In this thesis the hermeneutic circles are roughly classified and then furtherdivide the various hermeneutic circles in legal translation. The author sorts the hermeneutic circles related to legal translation into two categories from themacroscopic aspect. One is the basic hermeneutic circle and the other is thecompressive hermeneutics circle. First of all, the author, from three different levelsof text, namely, the original text, the author, and the translation subject, respectivelyexpounds the hermeneutic circle in legal translation. By and large, this type ofhermeneutic circle is beneficial to translators to hold the legal implicature whichaccordingly directs the proper legal translation. In the second place, the analysis ofthe comprehensive hermeneutic circle is demonstrated by illustrating the“prejudice（”pre-understanding）of translation subject and the active and unfavorableeffectiveness as a result of the fusion of prejudice and context for legal translation.The favorable element here refers to the pre-cognition (“prejudice”) have a directivefunction for the original legal text and then the author can hold the legal implicaturewhich accordingly directs the proper legal translation. For unfavorable elementshere will leads to a false anticipation for translator in anticipating the generalmeaning of the original text.This thesis to connect the hermeneutics theory with the understanding processof legal translation has a profound theoretical significance, practical significanceand a theoretical innovation. The author expects that the research can provide abetter cognition of the understanding process in legal translation. Simultaneously,the author also expects the translators will have a better understanding of the legaltext and wishes this study will enlighten the application of hermeneutic principles inlegal translation.