This research is being carried out to evaluate and present the use of neologisms in legal translation. The paper tells that certain adjustments are very important in order to apply translation, and adopt neologism in the process of legal translation…
This research will begin with the statement that the difficulties in legal translation from one original term to another in consideration of “cultural asymmetry” between different legal systems of which one country or group of nations’ legal concepts as well as courtroom procedures have been formed by their own history and experience. Likewise, these established legal concepts are not always, if at all, shared by other countries or nations and states of which target language for translation may be necessary. Once specific observation was that of Stern where there are acknowledgment and accommodation of other cultures in the International Criminal Tribunal for former Yugoslavia (ICTY) but these “other cultures” were not able to experience equal status with the Anglo-Saxon legal and communicative culture dominating the Tribunal. While it is generally understood that legal language is accepted by the precision of its legal terms predominantly generic and connotative so that they are not decoded by a simple process of one-to-one relationship in linguistics, Newmark and Baker also pointed out that the relative accuracy of legal or lexical equivalent was problematic in the translation and interpretation process. Local courts may employ the essential capabilities of legal professionals and the judiciary, but there are growing occurrences and instances that foreign as well as internationally accepted laws are a necessity in order to provide legal solutions to local cases, and vice versa. The quality of interpretation, then, as well as the exigency of justice becomes dependent on the interpreter, or how legal translation is undergone, presented and used.
This paper will try to explore the use of neologism in legal translation with close reference to Rene de Groot's article "Title" and (year, PLEASE SUPPLY, ALSO UNDER REFERENCE) as well as to other available resources.
Whereas Swiss linguist Ferdinand de Saussure argued that "Language is a system of interdependent terms in which the value of each term results solely from the simultaneous presence of the others ... Content is really fixed only by the concurrence of everything that exists outside it. Being part of a system, it is endowed not only with a signification but also and especially with a value," (qtd. Noth, 1990, p 61), we are then presented with technical connection of words between and amongst themselves which altogether changes when used with other words. This alone as well as cultural differences provide a difficulty in the manner of translating legal terms which this paper explores.
Already, in a study conducted by Stern (2004), it was acknowledged that the lack of exact legal equivalents between languages, in this context English and French or Bosnian, Croatian and Serbian (BCS), was an obstacle and a very difficult aspect of translation. Given examples "for everyday terms and concepts, such as allegations, cross-examination, pre-trial, to plead guilty/not guilty, beyond any reasonable doubt or balance of probability (and) cognates such as
appeal, charges, objection," (Stern, 2004) proved to have different significance in the target language/s and presented discrepancies in the translation of official legal documents, as well as judgments.
Weston (1983 p 207), himself pointed out that, "It is no business of the translator's to create a new word or expression if the SL [source language] expression can be adequately and conveniently translated by using one of the foregoing methods" of which methods were enumerated as:
1. equivalent notions
2. literal translations
3. leaving the term un-translated.
De Groot, nevertheless, presented three solutions as:
1. Do not translate and use the target language the original or transcribed term from the source language. If necessary one explains the notion between brackets or in a foot-note by using a 'literal translation' or by using a remark as 'comparable with ...
Cite this document
(“Use of neologisms in legal translation Essay Example | Topics and Well Written Essays - 2000 words”, n.d.)
Retrieved from https://studentshare.net/education/298442-use-of-neologisms-in-legal-translation
(Use of Neologisms in Legal Translation Essay Example | Topics and Well Written Essays - 2000 Words)
“Use of Neologisms in Legal Translation Essay Example | Topics and Well Written Essays - 2000 Words”, n.d. https://studentshare.net/education/298442-use-of-neologisms-in-legal-translation.
This essay describes the translation, that is a crucial activity within the realm of human communication because it allows people with different languages to understand each other. That translation is important in a globalising world is noticeable by the growing presence of local products in foreign shops and foreign products in local shops.
These and other issues related are described in context with the role of a translator.
In different parts of the world, we find people speaking at least one kind of language. Most people take an initiative and try to learn languages that do not belong to their own origin and go ahead with using them in their professional and everyday lives.
This business was marked by the promotion of a global Western culture through the translation and dubbing of English versions of movies and cartoons into the native language of the area in which they were traded.
Dubbing the practice of replacing the original or voice by another is a practice as old as the 20th century it was developed as way for exporting American cinema to the Non-English speaking audiences initially.
Language has always had to contend with neologisms but, never with the active deconstruction of the foundations of spoken and written language, the rules of spelling and grammar. Language, from the purist viewpoint, is close to becoming endangered.
4-5; Katan, 1999, pp. 69, 215-220; Faiq, 2004, pp. 14-16). Indeed, as these scholars have noted, because language and words derive their meaning from culture, culture often stands as an obstacle to translation. This is especially true in relation to cultures which are generally regarded as opposites, such as East and West.
One of the most astounding advocates of equivalence is Nida who states, "as linguists and anthropologists have discovered, that which unites mankind is much greater than that which divides, and hence there is, even in cases of very disparate languages and cultures, a basis for communication" (Nida, 1964:4).
Neologisms are especially useful in identifying inventions, new phenomena, or old ideas which have taken on a new cultural context.  It can also refer to an existing word or phrase which has been assigned a new meaning.
In psychiatry and psychology the term is
It is often done when the original source text is no longer available but also as a useful quality assessment technique to check the quality of the first translation, and to detect bias in cross-cultural
In order for the students to master the techniques employed in these advanced classes, we were required to take a culture class. Most of the content that was to be translated originated from British and American history, and as such we had to study
ion is associated with major issues of ‘decoding’ and ‘recoding’ tools, ‘untranslatability’ between the target and source languages, and, the problem of ‘loss’, ‘equivalence’, and ‘gain’. In relation to these issues, translation theory determines,
9 Pages(2250 words)Essay
GOT A TRICKY QUESTION? RECEIVE AN ANSWER FROM STUDENTS LIKE YOU!
Let us find you another Essay on topic Use of neologisms in legal translation for FREE!