Legal Translation Competence Research Articles

Revisiting translator competence in the age of artificial intelligence: the case of legal and institutional translation

ABSTRACT Multi-componential models of translation competence are widely used in translator training as a yardstick for curricular and syllabus design. These models must be adapted to reflect professional trends, such as the impact of artificial intelligence, and machine translation in particular, on working methods. This paper describes the process of adapting a pioneering model of legal translation competence to the broader scope of institutional translation in light of recent trends, as verified by triangulating information from multiple interviews, analyses of translation volumes and job descriptors and other professional inputs. The resulting revised descriptor was validated through a survey of 474 translation professionals from 24 international organisations of diverse sizes and domain specialisations. The suitability of the descriptor was corroborated across the board, but variations were found in perceptions of the relevance of sub-competences to ensure translation quality. Profiles with a stronger specialisation in legal translation or more experience in institutional translation showed higher awareness of the relevance of all the sub-competences, especially the core language, strategic and thematic competences, and even more so for translating texts of a legal or administrative nature. The implications of these findings for training purposes in particular are discussed.

“Translating” legal translation training theory into practice: the McGill University experience

ABSTRACT In the fall of 2020, McGill University (Montreal, Canada) launched a graduate diploma that focused on legal translation. The Graduate Diploma in Legal Translation (GDLT) aims to train the next generation of legal translators and jurilinguists in Canada. One of the main pillars of the GDLT is the formal and comprehensive interdisciplinary approach to legal translation competence development (Prieto Ramos 2011, 2015). Based on five core competences (strategic and methodological, communicative and textual, thematic and cultural, instrumental, and interpersonal and professional management), this approach is integrative and process-oriented with the aim of ensuring quality and adequacy in legal translation. McGill University used this approach as a roadmap to create the GDLT structure and plan of study. In this paper, we will offer an overview of McGill University’s initiative, providing critical analysis of the approach proposed by Prieto Ramos and of its interpretation and application for training purposes at McGill University. Our curriculum mapping methodology involves aligning the course-level learning outcomes to the broader programme-level learning outcomes which coincide with the proposed five core competences. Findings on the degree of alignment and an argument for an enriched competence training approach will be discussed in this paper.

Informācijas izgūšanas nozīme un daži ar sintaksi saistīti apsvērumi juridisko tekstu tulkošanā

The translation of legal documents – not a new field in translation practice or theoretical discourse – gained a new dimension for translators’ work in Latvia when, after restoring independence, the country was reintegrated into international processes and organizations. Consequently, the development of legal text translation competence has also become an important task in the study programs related to translation of LSP texts. Against this background, the paper addresses some of the issues of understanding and interpreting legislation in the translation situation, with a particular focus on working with the functions and implications of sentence syntax. This part of the work provides the translator with the opportunity to find not only successful grammatical solutions in the target language sentences, but above all, a prerequisite for understanding the meaning of the source text. For the purposes of the study, the relevant aspects are briefly outlined in a theoretical context by focusing on the specific features of legal texts and the competence-related requirements for translators; it also includes an analysis of examples based on both published translations of legislation and the typical problems encountered in student translations. The study leads to several conclusions. Accuracy (also with regard to interpretation), an element of the general concepts of equivalence/adequacy, stands out as a specific aspect and criterion of legal text translation quality; it is necessary to ensure that the meaning of terms is not broadened or narrowed and that the applicability or explicit/implicit attitude is not altered – translations of a number of units and elements tend to be almost literal. The practice of translating legal texts generally requires that target texts be rendered as consistently as possible, which to a large extent implies an almost literal relationship with the source text; any changes need explicit justification. A specific aspect of translators’ competence is the examination undertaken during the pre-translation phase to determine the applicability of the relevant legal provisions and select the most appropriate sources of information. An important prerequisite for a quality translation is understanding the essence of the source sentence.

Cultural, textual and linguistic aspects of legal translation: A model of text analysis for training legal translators

Abstract Legal translation training involves the acquisition and development of a set of sub-competences that constitute legal translation competence (Cao, Deborah. 2007. Translating law. Clevedon: Multilingual Matters; Prieto Ramos, Fernando. 2011. Developing legal translation competence: An integrative process-oriented approach. Comparative Legilinguistics. International Journal for Legal Communications 5. 7–21; Piecychna, Beata. 2013. Legal translation competence in the light of translational hermeneutics. Studies in Logic, Grammar and Rhetoric 34(47). 141–159; Soriano Barabino, Guadalupe. 2016. Comparative law for legal translators. Oxford: Peter Lang; Soriano Barabino, Guadalupe. 2018. La formación del traductor jurídico: Análisis de la competencia traductora en traducción jurídica y propuesta de programa formativo. Quaderns: Revista de Traduccio 25. 217–229). The development of those sub-competences is part of a complex process where students are faced with different concepts and translation strategies and techniques which are not necessarily easy to grasp for trainee translators (Way, Catherine. 2014. Structuring a legal translation course: A framework for decision-making in legal translation training. In Le Cheng, King Kui Sin & Anne Wagner (eds.), The Ashgate handbook of legal translation. Farnham: Ashgate), particularly when applied to a legal context. It is our experience that translation students tend to focus on the product (text production) and do not spend enough time analysing the source text, which results in obvious mistakes in mainly – but not only – cultural (legal), textual and linguistic aspects. The interdisciplinary nature of legal translation calls for an integrative model for teaching and learning. The model presented provides trainees with a framework for source text analysis that places the communicative situation and the translation brief at the core from which three fundamental dimensions, based on the aspects mentioned above, develop. Elements such as the legal cultures involved, legal text typologies or the level of specialisation of terms and discourse are some of the aspects to be considered, so allowing trainees to achieve a thorough understanding of the source text for a conscious translation. The model will be applied to a specific source text and translation brief.

Working with Bilingual Corpora to Enhance Legal Translation Competence

Abstract Although there has been harmonisation work on translator training, different programmes still show a different focus. The current paper frames a training project aiming at developing Master’s students specialised translation competence while working with bilingual corpora and exploiting technology. Legal translation corpus design, analysis tools and false-friend management are addressed so as to provide further insights into such recurrent matters.

APLICACIONES DIDÁCTICAS DEL GÉNERO CITACIÓN JUDICIAL EN LA TRADUCCIÓN JURÍDICA ALEMÁN-ESPAÑOL

Esta experiencia docente, diseñada e implementada para la formación universitaria en traducción jurídica del alemán (como segunda lengua extranjera o lengua C) al español (primera lengua o lengua A), describe las aplicaciones didácticas derivadas de la explotación de un encargo de traducción, simulado pero realista, de una cédula de citación alemana al español. Siguiendo los postulados de las teorías de género textual (Borja, 2013; Orts, 2017) aplicados al análisis pre traductológico de la situación comunicativa en traducción jurídica (Prieto, 2013), los estudiantes puedan desarrollar su competencia en traducción jurídica y elaborar un marco de toma de decisiones (Way, 2014) que les permita justificar las soluciones que ofrecen a los problemas de traducción identificados. De este modo, profundizan en su especialización en la traducción jurídica alemán-español con mayor autonomía y autoconfianza, al cobrar mayor consciencia de los factores que influyen en la idoneidad de las decisiones adoptadas por un traductor jurídico.

Optimising resourcing skills to develop phraseological competence in legal translation: tasks and approaches

Abstract Based on a previous case study on common translation errors made by trainee translators when dealing with phraseological units in legal translation (Huertas Barros and Buendía Castro 2018, Analysing phraseological units in legal translation: Evaluation of translation errors for the English-Spanish language pair. In S. Gozdz Roszkowski & G. Pontrandolfo (eds.), Phraseology in legal and institutional settings: A corpus-based interdisciplinary perspective (Law, Language and Communication). London & New York: Routledge), this paper proposes some activities and approaches to minimise these errors and hence enhance students’ phraseological competence in this field. To this end, the authors first provide a description of the most representative legal resources available for translators, particularly for the English-Spanish language pair. This is followed by a review of approaches that could develop students’ legal translation competence, particularly phraseological competence. For each type of error identified in the previous case study, the authors propose a set of research-based activities which could prevent such errors by maximising the use of legal resources. The emphasis is put on preliminary documentary research and effective use of corpora prior to the translation task. The authors propose an integrated approach combining task-based approaches with approaches based on critical discourse analysis, problem-solving and decision-making. While these tasks have been designed for a semi-specialised legal text pertaining to a subdomain of family law (i.e. adoption), they can be easily applied to any other subdomains of legal translation.

Studying the curricular objectives by Q-methodology

AbstractTranslation competence is the ability to comprehend the source of oral or written text accurately in the same way the producer intends to deliver the message, and then accurately, and in the proper style, re-express the meanings in the target language. Legal translation competence is the ability to translate faithfully in the legal context. Analyzing the concept of legal translation competence helps to identify curricular objectives and curriculum designs for training legal translation professionals. This paper examines key teaching objectives of training legal translators in Chinese context, by using the Q-methodology.

Calling translation to the bar

Abstract This paper proposes a comparative analysis of the translation errors made by prospective legal translation trainees, with a special focus on the (mis)use of legal terminology and phraseology. The investigation relies on the data produced and collected within a wider empirical study on the translation problems faced by a cohort of translation graduates with no specialisation in legal translation on the one hand, and a cohort of linguistically-skilled lawyers with no translation-related qualifications on the other, who translated the same criminal law document from English into Italian. The translation errors made by the two cohorts have been classified on the basis of the categories proposed by Mossop (2014) and assessed following the severity scale devised by Vollmar (2001). The Translation Quality Index (cf. Schiaffino and Zearo 2006) thus obtained has allowed for the ranking of the participants in the five quality levels identified for legal translation by Prieto Ramos (2014). The findings of the quantitative and qualitative analyses of errors are also traced back to the participants’ translation process by triangulating data from the different collection methods used within the empirical study, i.e. screen recording, keystroke logging and questionnaires, with particular reference to time and reference material use. The specific design of this investigation, which considers the participants’ prior education as additional variable, allows for the identification of a possible correlation between the different backgrounds of the translators and the quality of their translations, with general consequences on the conceptualisation of legal translation competence and effective training.

IMPLIKACJE KOMPETENCJI TŁUMACZENIOWEJ W KONTEKŚCIE PRAWNYM: PERSPEKTYWA DYDAKTYCZNA

The paper addresses the existing models of translation competence that are relevant for didactics of legal translation. Translation competence is generally perceived as a theoretical construct embracing such areas as knowledge, skills and aptitudes that are vital for the performance of translation tasks. The paper shall start from concise presentation of most didactically relevant – in the author’s view – approaches to translation competence. This shall be followed by attempts aimed at the incorporation and integration of findings of competence research presented as well as practical solutions into the teaching and learning process with a view to legal translation competence.

DEVELOPING LEGAL TRANSLATION COMPETENCE: AN INTEGRATIVE PROCESS-ORIENTED APPROACH

Building on previous holistic multicomponent paradigms of translation macrocompetence, a legal translation competence model is presented which avoids certain conceptual duplications in the light of professional practice, and incorporates distinctive legal thematic elements. Beyond component description, it is argued that the integral development of legal translation competence requires specific interdisciplinary methodologies for practical problem solving. The integrative approach proposed in this paper is process-oriented, and focuses on the legal translation-specific know-how within the key methodological or strategic subcompetence controlling all other subcompetences. Translation and legal knowledge are inextricably linked throughout the translation process, from the initial skopos analysis and legal macro-contextualization until the final revision stage. This approach, intended as a meta-reflection continuum between competence acquisition and reinforcement, and between formal training and professional practice, has proved effective for the systematization of problem-identification, problem-categorization and problem-solving patterns. Finally, some implications for legal translation training are outlined by way of conclusion.

A critical account of the concept of ‘basic legal knowledge’: theory and practice

Subject knowledge is, according to most definitions, one of the basic components of legal translation competence. There is widespread agreement that legal translators must have some basic knowledge of the legal systems involved in order to perform satisfactorily. Nevertheless, no concrete proposals have been put forward and no real consensus can be observed with regard to the elements which should be covered by the notion of ‘basic legal knowledge’. In this study, a critical account of this concept is provided through the examination of the undergraduate modules on legal translation taught at Spanish universities, focusing on the legal topics covered as well as the materials included in these modules. The aim of this review is to shed some light on how this concept is incorporated into the teaching of legal translation, in order to identify, by means of a bottom-up approach, which components are considered most central to the blanket notion of ‘basic legal knowledge’.

Teaching and learning legal translation

Legal translation has been in great demand in the last decade around the world owing to globalization and increased contact and exchange between peoples and states. Naturally, there has been an increased need for legal transla- tors for various purposes, but there has been little research on legal translator training. It is a fact that translating law between any languages is not a straight- forward affair. It is commonly acknowledged that legal translation is complex, and it requires special skills, knowledge, and experience on the part of the trans- lator to produce such translation. This essay focuses on legal translation educa- tion and the key aspects of the teaching and learning of legal translation. It dis- cusses and defines the key aspects in legal translator training, mapping out the parameters of this new field of translation practice and research. The essay high- lights the development of legal translator competence as the core objective of such training programs by identifying and describing the skill base of the legal translator and legal translation competence and proficiency. The author hopes that the discussion will draw more attention to this emerging area of curriculum development and educational research in translation studies.

LEGAL TRANSLATION COMPETENCE IN THE LIGHT OF TRANSLATIONAL HERMENEUTICS

Abstract This paper is concerned with the concept of translation competence as seen from the perspective of translational hermeneutics. The first part of the article provides a short survey of how translation competence and its develop- ment has been described so far, with a particular focus on the legal translator’s skills and abilities. The second part of the paper briefly presents the notion of translational hermeneutics together with its main concepts. The aim of this part of the article is also to show similarities between the translation phenomenon and hermeneutical studies. Finally, building on Stolze’s (2011) hermeneutical model of translation, the last part of the paper presents the main features of a hermeneutical model of legal translation competence.

LINGWISTYCZNO-DYDAKTYCZNE ASPEKTY PROBLEMATYKI PRZEKŁADU TERMINOLOGII PRAWNICZEJ

Praca przedstawia lingwistyczno-dydaktyczne podejście do nauczania przekładu prawniczego oparte na analizie porównawczej pojęć zakorzenionych kulturowo i typowych dla danego krajowego systemu prawa. Autor szczegółowo omawia cechy charakterystyczne języka prawa i komunikacji prawniczej, przekładu prawniczego, w tym trudności związanych z tłumaczeniem terminologii prawnej i prawniczej, kompetencji tłumacza prawniczego oraz metodologii nauczania przekładu prawniczego. W artykule zostały omówione metody i techniki stosowane do poszerzania kompetencji translatorskich studentów w celu nauczenia ich metod konceptualizacji świata języka prawa i i stymulowania przyszłego rozwoju kompetencji zawodowych i kreatywności.