Translating Law

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Multilingual Matters, 2007年4月12日 - 240 頁

The translation of law has played an integral part in the interaction among nations in history and is playing a greater role in our increasingly interconnected world today. The book investigates legal translation in its many facets as an intellectual pursuit and a profession. It examines legal translation from an interdisciplinary perspective, covering theoretical and practical grounds and linguistic as well as legal issues. It analyses legal translation competence and various types of legal texts including contracts, statutes and multilateral legal instruments, presents a comparative analysis of the Common Law and the Civil Law and examines the case law from Canada, Hong Kong and the European Court of Justice. It attempts to demonstrate that translating law is a complex act that can enrich law, culture and human experience as a whole.

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內容

Introduction
1
Legal Translation Typology
7
The Nature of Legal Language
13
Characterising Legal Language
20
Sources of Difficulty in Legal Translation
23
Possibility and 8 Impossibility
32
The Legal Translator
37
Translation Competence and Translation Proficiency
39
Translating Domestic Legislation
101
Textual Features of Statutes
103
Illocutionary Force
114
Other Common Linguistic Features of Legislative Texts
117
Bilingual Statutory Interpretation and Linguistic 2 Uncertainty
122
Translating International Legal Instruments
134
International Instruments and their Legal Status
135
Designation of International Instruments
138

A Model of Translation Competence
40
Exploring Translation Competence
41
Legal Terminological Issues in Translation
53
Translating Legal Concepts
54
Legal Systembound Usage
60
Ordinary Meaning vs Legal Meaning
67
Legal Synonyms
70
Linguistic and Legal Uncertainty
73
Translating Private Legal Documents
83
Purpose and Status of Translated Private Legal Documents
84
Linguistic Features of Private Legal Documents
85
Differences between the Common Law and Civil Law
96
Subject Matters Covered by International Instruments
142
Textual Features of International Instruments
143
Verifying Foreign Language Texts in Bilateral Treaty 20111 Negotiation
147
Arrangements of Less than Treaty Status
148
Multilingual Instrument Drafting and Translation
149
How the Court Approaches Divergence in Multilingual 4 Law
153
The Use of Translation Technology for Translating 6 Multilingual Texts
158
List of Cases
164
Bibliography
167
Index
187
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關於作者 (2007)

Deborah Cao is affiliated with the School of Languages and Linguistics and the Socio-Legal Research Centre, Griffith University, Australia. Originally trained and qualified as a United Nations simultaneous interpreter, she was educated in China and Australia. She holds PhD in translation studies and LL.B (Hons), and has published in the areas of translation studies, legal translation, semiotics and philosophical and linguistic analysis of Chinese law and legal culture. Her books include Chinese Law: A Language Perspective (Ashgate, 2004), Translation at the United Nations (in Chinese, 2006, China Foreign Translation and Publishing Corporation, co-authored with Zhao Xingmin), and Interpretation, Law and Construction of Meaning (Springer, 2006, a joint editor).

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