Abstract
AbstractBuilding on a functionalist framework for decision-making in legal translation, a holistic approach to quality is presented in order to respond to the specificities of this field and overcome the shortcomings of general models of translation quality evaluation. The proposed approach connects legal, contextual, macrotextual and microtextual variables for the definition of the translation adequacy strategy, which guides problem-solving and the rest of the translationprocess. The same parameters remain traceable between the translation brief and the translationproductboth in pre-delivery (self-)revision and in post-delivery assessment. They are the yardstick for identifying predictable evaluative criteria andcompetencerequirements for translators and quality controllers. The implications of the approach on quality assessment (including training contexts) and quality management practices are also discussed. Overall, the model illustrates the potential benefits of enhancing predictability and reducing subjectivity on the basis of specific legal translation methodologies. It supports the need for legal translation expertise in quality evaluation and the relevance of Legal Translation Studies to raising standards in professional practice.
Highlights
The demand for quality has been a catalyst for both the recognition of legal translation as professional practice, in multilingual contexts, and for the development of Legal Translation Studies (LTS)
Level 1 would be a failed attempt at communication and an unacceptable translation by all means; a poor translation of level 2 might be enough to get the gist of a document for basic informal needs, but clearly inadequate for legal purposes; while the grade assigned to level 3 in a training context may correspond to a pass or fail value depending on the difficulty and expectations of each course and test, the same level 3 would be insufficient for professional accreditation
The quest for quality in legal translation has always been a central remit for LTS
Summary
The demand for quality has been a catalyst for both the recognition of legal translation as professional practice, in multilingual contexts, and for the development of Legal Translation Studies (LTS). The debate on the translation of the Swiss Civil Code at the beginning of the 20th century, the institutionalization of translation in the emergence of the new international legal order after the Second World War, and the introduction of a system of co-drafting in Canada as a way of improving the quality of Canadian legislation in French in the 1970s provide early illustrations of that process In these contexts, bridge-building between professional practice, research and training had its pioneers in the Geneva school of legal translation [5] and the school of jurilinguistics in the case of Canada [17]. [10]) for individuals, for private or public entities, and for legal certainty in general This explains, to a great extent, the high expectations for quality in this field, and the common perception that legal translation is a special branch of professional translation for which relevant qualifications and technical expertise are required (see overview of profiles in [6]). In our analysis of quality through an LTS expert lens, perceptions of lay readers and managerial considerations will be related to the ultimate goal of maximum quality from that LTS perspective, even if, as we will see in Sect. 4, from a management point of view, a fit-for-purpose translation might not necessarily be a top quality one
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