CHALLENGES OF TRANSLATING LEGAL DOCUMENTS:THE DILEMMA OF TERMINOLOGY AND FUNCTIONAL EQUIVALENCE
Keywords:
Legal translation is widely regarded as one of the most demanding branches of professional linguistic mediation. Unlike technical or scientific translation, where terms often refer to universal physical realities (such asAbstract
This article explores the intricate challenges inherent in legal translation, focusing primarily on the conflict between rigid terminology and the search for functional equivalence. Legal systems are deeply rooted in specific national cultures and histories, making the transfer of concepts between disparate jurisdictions (e.g., Common Law vs. Civil Law) exceptionally complex. The study examines why literal translation often fails in a legal context and argues for a communicative approach that prioritizes legal effect over linguistic symmetry.
References
1. Alcaraz, E., & Hughes, B. (2014). Legal Translation Explained. Routledge. (Essential reading on the linguistic characteristics of legal English).
2. Cao, D. (2007). Translating Law. Multilingual Matters. (Focuses on the nuances of international and judicial translation).
3. Chromá, M. (2004). Legal Translation and the Dictionary. Max Niemeyer Verlag. (Analyzes the failure of standard dictionaries in legal contexts).
4. Mellinkoff, D. (1963). The Language of the Law. Little, Brown & Co. (A classic text on the historical evolution of legal terminology).
5. Šarčević, S. (1997). New Approach to Legal Translation. Kluwer Law International. (The foundational text for the theory of functional equivalence in law).
6. Sager, J. C. (1990). A Practical Course in Terminology Processing. John Benjamins Publishing.
