Translation difficulties in a nutshell
Translation involves rendering the meaning and tiny nuances of the source text in the target text. The perfect match, however, between the source content and target content remains something of a myth since a translation can always be called into question. “Traduttore, traditore”
The issue of credibility is central to translation which sees the translator walk a very fine line in order to (subjectively) render the spirit of the text. This is almost an impossible feat insofar as two people speaking the same language can understand words differently, so moving between languages, cultures and systems further complicates the task.
Polysemous terms
Lots of words can have different meanings depending on the local culture and context in which they are employed. Let’s take a simple word like ‘information’ in English. It can be translated into French by “information”, “renseignement” or “dénonciation” (in the Criminal Code of Canada). The translator is therefore required to make an educated choice depending on the context and their knowledge.
Non-translatability and legal texts
Can we truly say that a translation serves its purpose if it doesn’t faithfully reproduce the letter and spirit of the source text, in other words its container (language) and its content (legal)? Is the translator able to find equivalents in relation to legal terminology and language?
Can different legal systems be superimposed? Can an equivalent for unwritten Common Law be found in French law, for example? Not always, no. As such, legal translators are required to walk a tightrope as they try to maintain balance between the words, their context and the interpretations made.
Let’s take the French word “droit” for instance – it’s often used to designate the context of a system (“law” in English) or an authorisation (“right” in English). This word alone has an infinite number of definitions depending on the country and systems, schools of thought, ideologies and doctrines.
Many other French legal terms cover rich, complex and varied semantic fields: “acte”, “accord”, “demande”, and “terme”, amongst others.
The issue of legal translation
Legal translation involves moving between legal systems, not only as regards the letter by also the spirit of the target text: this involves risks and responsibility since legal texts often have potential knock-on effects in terms of responsibility and obligations.
It is precisely this which distinguishes legal translation from any other kind of translation: legal translation has legal consequences.
This responsibility does, however, exist despite the lack of correspondence of concepts between different legal systems. It’s important to remember that translations are intended to unlock meaning rather than transcribe meaning in this context. Legal translators, therefore, have a specific task: give meaning to the texts they translate. Does a Ministre de la Justice have the same responsibilities as a Garde des Sceaux, Attorney General or Lord High Chancellor? Whilst equivalence is indeed functional, identity is deceptive.
With this in mind, when referring to legal translation we can also refer to bilingualism and “bilegalism”, with, what’s more, the responsibility of certitude inferred by the sanctity of written text and, by extension, the translation thereof.
Corporate responsibility and legal translation
Translating a legal text always involves finding the best compromise between all of the elements. The root of the problem is not the faithfulness of the translation, but the principle of equivalence between texts. This equivalence is decreed by the law, system and tribunal, amongst other factors. The translator is required to strike the right balance between linguistic and legal elements, without letting one overpower the other.
The difference also resides in the use of an irrefutable interpretation authority: the judge, who is tasked with enforcing law. It all boils down to a government-based or politics-based decision.
All this is to say that legal translation is a complex task which involves using seasoned professionals if you are to avoid running the risk of using a bad legal translation – the impact of which is infinitely bigger than any other form of translation.
CG’s legal translation team comprises legal translators specialised in a multitude of legal fields. As such, CG is able to manage sizeable projects, put together efficient teams of translators and proofreaders and provide centralised project management, relieving customers of all translation-related burdens.
Translating legislation, contracts, law firm websites, legal publications, general terms and conditions of sale, judgments handed down by the courts, court orders and sentences, is something a legal translation company like CG Traduction & Interprétation does day in, day out.