Word Selection Problem in Legal Translation

Introduction

The maximum frequency of global political and economic relationships and large waves of immigration worldwide have increased the opportunities for multilingualism solutions. With the ever-increasing liberalization of international trade, there is an expanding market for well-trained and professional interpreters. The translation process becomes even more prominent in contemporary times because of the increasing regularity of connection among worldwide membership (Bushi & Papajorgji, 2021). Legal translation is a process of transferring written material from one language to another in the judicial process.

Legal language is challenging to deliver, considering that judicial systems range widely from one nation to the next. As a result, a legal interpreter should have a complete understanding of the complicated elements of the relevant legal struvture to ensure that all standards of that institution are meticulously fulfilled (Bushi & Papajorgji, 2021). Because regulations differ from country to another, the appropriate adaption of legal language is critical for avoiding litigation when signing deals and transferring legal papers. Legal agreement interpretations must be professional and exact, clearly stating the participants’ rights and responsibilities.

Actual wording varies markedly from an ordinary speech in many ways, and it is challenging to dissociate communication from the law because the law itself cannot be refuted. The main distinction between converted statutory interpretation and other translation studies is that many legal papers have a lawful purpose (Bushi & Papajorgji, 2021). Any inaccuracy or omission in the targeted writings can have legal ramifications in most cases. Even though the translation process is critical in today’s world, it has gained little, if there is any, consideration both in the researchers’ and practitioners’ sectors.

Bilateral or trilateral cross-border economic, political, and civil interactions are ecumenical. These are the areas where this requirement has been most noticeable. As a result, interpretation process and interpretation have become popular in translation studies within comparative legal studies concepts. Language is crucial in both the creation of legislation and the administration of government (Prieto Ramos, 2014). Techniques of multiple languages and judicial language learning and training provide legal translators, interpreters, and speakers with the tools they need for their jobs. A tendency towards comprehensive and exact documentation of translating has been seen among several methods of translation theory.

As a result, one has to define legal translation as an intended course of interlanguage and intralegal communication between specific parties, under particular times, with a specific aim. As per Bushi and Papajorgji (2021), the purpose of epilinguistic translatology is legitimate interpretation as dialogue in lawful authenticity. Epilinguistic translatology is recognized as a subspecialty of translatology in language. As a result, linguistic anthropology and legislative language are the teachings in this study.

Research under the domain of language translatology focuses on translations factual principle, which includes translative and institutional framework texts, statutory text interpreters, translated text writers, and translated message receivers. Therefore, from an individual’s fundamental assumption, they are all components of professional language wherein; the translative language is the original language to be converted, and the translated note is the targeted message. Generally, language translatology is the study of professional translation principles and application. Language translatology, in general, could be separated into conceptual and operational leg linguistic translatology (Bushi & Papajorgji, 2021). Thus, conceptual, linguistic translatology may be developed, conceived of as a group of concepts concerning the linguistic actuality in interpretation.

Scope of the Study

Orientating a novel framework beyond scholastic borders entails recognizing its precise issues as well as solutions. In the circumstance of Language Translators (LTs), identifying translation studies as distinct categories has seldom been questioned in recent generations. LTS’s emphasis on all features of permissible interpretation concentrates academics’ consideration on the long-standing dilemma of what comprises sentences and phrases. These were classified in a variety of ways based on their principal linguistic objectives.

Moreover, legal translators agree on the designation of three broad groups of documents; conventional texts, judiciary text messages, and technical academic text messages. This ranges in character from prescribed to describing and persuasive messages. Thus, systems depending on a range aspect, logically offer additional subgroups (Bushi & Papajorgji, 2021). The varying nature of legal language occurrences and interpretation circumstances necessitates adaptability and consistency update on conceptual characteristics. The more operational sections of the law, in addition to the influence of supranational converging mechanisms on such traits, are necessitated by legal language.

Including more specific subcategories depending on a range appears to be a logical growth in examining statutory interpretation. The combination of operations in statutory interpretation (judgments with reliability and validity in common law jurisdictions) and their more excellent standard of recurring motifs (with authored judicial decisions in linguistic text categorizations) necessitate further distinction. According to Simonnæs and Kristiansen (2019), academic texts are any form of work that a scholar creates while studying. Whether it is a brief activity or a whole thesis, there would be standards to complete in terms of the writer’s terminology, style, and organization. Aacademic texts are frameworks that manage economic or political contractual interactions, namely; legal statutes, legal precedent, and agreements. Alternatively, they provide models that include proper understanding regarding the legal aspects of such groups and exchanges.

What counts for translation theory is always the classification of groupings of writings belonging to particular variations or forms of lawful jargon. This is frequently a concern of textual creators and goals to communicate effectively. Text messages have attracted lawmakers, judicial officers, intellectuals, or registrars on a particular element of county court law. For instance, court of law will begin sharing essential ideas and vocabulary (the parliamentary text typically softens and adopts some other utilizes). Still, objectives and discourses conferences will undoubtedly differ by literary text, such as those in other social scientists, subclasses are ultimately established by prism by which the academic truths are perceived.

Administrative textual categorizations, in return, include a wide range of legal styles and subfields – for instance, various types of contracts. Writings within the legal academic papers typically take the form of subdivisions of more prominent genres such as research papers or university books, and they are sometimes not discussed with constitutional lawyers. For instance, a press update on the information of statutory transformation, equivalent to an entrepreneur’s document on economic relations, and their aesthetic characteristics can be quite diverse. They all start sharing a minimal level diploma of specialized conceptual knowledge in explanatory and aggressive operations.

Documents may also include exceptions and modifications terminology in non-legal topics addressed by law. Still, legal academic publications include a comprehensive range of subdivisions of broad categories such as academic journals and manuals. Official documents are those that establish a legal connection or confer a right (Gortych-Michalak, 2017. These documents include, legal statutes, case law, and contracts, are systems that manage commercial or government legal interactions. Alternatively, they offer formal representation to specialized knowledge regarding such entities’ legal features and interconnections (Gortych-Michalak, 2017). Categories depending on the legal component, motif, discussion, and debate, distinguish legitimate translated versions from other classifications supposed to reflect background or type of translated version. They also include, firstly, statutory interpretation such as prosecutorial translated version (even if the majority of text messages in this configuration will be primarily composed under the legitimate judiciary’s written text). Secondly, inducted transcription (albeit mainly restrained for text messages of constitutionality), and thirdly, systemic interpretation. Finally, LT’s academics have frequently used specific legal relationships and literary forms as a foundation for broad generalizations about translating. The variety of legal language occurrences and interpretation circumstances necessitates both elasticity and constant updating on conceptual characteristics, especially in connection to contemporary fields of law. Legal language incidences lead to an impact of transnational unification procedures on such traits.

Problem Statement

Any minor error or omission could lead to one of many legal issues for the parties involved, which rarely happens in their favor. Credentials of all types, permits and permissions, contractual agreements and corporate paperwork, and court documents are pieces of the papers that practitioners analyze (requests, court rulings, commands, appeals, and tenacities) (Bushi & Papajorgji, 2021). Professional interpretations necessitate an in-depth understanding of specialized terms as well as meticulous planning. Expertise and knowledge of the organization are also highly beneficial. Not only are legislative regimes diverse, but they are also continually shifting and upgrading.

Guidelines and recommendations that functioned a year, maybe a week earlier, may no longer be applicable by the moment one’s dates arrive. Professional interpreters must be updated with several standards and rules that frequently shift overnight. It includes focusing current on events in both countries and being vigilant for any new regulations that may affect their employment. In this case, being a member of a certified professional society can help a language specialist keep informed without subscribing to all of the essential magazines in the area.

As one can see, interpreting legal documentation is not an easy task. It is a challenging undertaking that necessitates linguistic skills, technical understanding, and, in some cases, haste. Dealing with Computer-Assisted Translation Tool (CAT) technologies and translating recollection also can make the process easier (Bushi & Papajorgji, 2021). Lastly, interpreting legal documentation necessitates a great deal of experience to cover all of the standards in this field. Thus, interpreters are typically expected to have particular certifications in addition to the possibility of conducting their duties. Finally, since competent translations entail different requirements to be confirmed before they can be valid, experienced translators must be recognized by government entities such as the Attorney General’s office or even local tribunals.

Whether interpreting design documentation or verified testimonies, translators regularly engage with six significant difficulties when practicing. These challenges include lexical-semantic problems, morphology, vocabulary, drama, practical considerations, and societal factors (Bushi & Papajorgji, 2021). This review of the literature compiles applicable guidelines for the employment of translators in the issue of word choice in translation theory study. Legal executives frequently speak a different language within a tongue, employing terminology language that learners find demanding to understand and often abuse. When coupling the above with the fact that professional documentation’s speech is usually extremely perplexing, one will have the least flexible translation specialization.

However, translators must understand the source material as well as its substance. They do, nonetheless, have a restricted foundation for designing efficient conditions. Whenever it comes to criminal judgments, originality plays a secondary role. Using a phrase glossary and establishing a decent command of the language, remains to be two among the most efficient strategies to overcome this challenge while comprehending legal papers. It also saves interpreters time and reduces the likelihood of misunderstandings.

Objectives

This proposal aims to talk about the significant issue of the word selection problem in the Legal Translation. The paper addresses the subject of legal text interpretation that has lately attracted considerable attention. The primary study concerns will be discussed in this essay. These include questions such as; what challenges are encountered when interpreting sentences and phrases? What are the interpreters’ responses to various types of legal interpretation, particularly the conservation of the initial document? What equipment do interpreters utilize, and what additional teaching do they require?

Literature Review

The translation process necessitates a greater scale of precision and skills. It should conform to the source mutually in overall content as well as technical interpretation; thus, it should be as precise as the source. Vocabulary mistakes in translation theory might lead to a failure of judicial procedures or legal complications. A misunderstanding of a phrase can occasionally lead to an adverse conclusion. It is also conceivable to argue that untranslatability is a problem, especially translation theory (Acuyo-Verdejo, 2017). Another difficulty is the framework of the official language structure, which suggests that professional translations should also overcome these changes in various justice principles.

In terms of phrase patterns, dependent causative phrases and conditioned statements are utilized in legal jargon, both in German and Albanian. This issue can also arise within German, as the accurate meaning of the words could indeed vary slightly between German-speaking nations. Aside from the previously discussed feature, another component of creating and interpreting sentences and phrases is the regulation of vocabulary and consistency both at the macro-text and micro-text levels (Bushi & Papajorgji, 2021). Official terminology also is distinguished by stringent procedural standards. These practical principles, for instance, may exclude a term or sentence for stylistic or substantive reasons, but, in translations, this is strictly prohibited.

In legal materials, the interpreter’s word choices should be free of emotional impact and prejudiced interpretations. Legal interpreters must be well-versed in a variety of fields. They ought to be knowledgeable about the subject of the document and its vocabulary and sets of laws of the source language and the target. Any use of seemingly insignificant language is typical of legal jargon. It adds to the writer’s obscurity and separation from the important claims, allowing for gross generalizations and an honest and realistic representation. In terms of phrase types, interdependent causative and dependent phrases are utilized in statutory language, in both German and Albanian. One has to differentiate the following characteristics of the professional vocabulary. First, the technical lexicon is primarily based on the basic dictionary. Second, the language of the law assigns a special legal significance to a word from the common vernacular.

In general language terms, “Verurteilung” implies discontentment, a deleterious assessment of an intervention, whereas, in terms of the law, it implies the encroachment of punitive action. Legal language is profoundly conservative and, as a result, has a more significant percentage of obsolete words than other different dialects. The greater usage of made-up multiple legal jargon is another distinguishing feature. Because of the attention placed on the precision of statutory speak, it is abundant in predetermined grammatical constructions that frequently have an intangible impact.

Research Methodology

The article explains in great detail about the methods adopted for the econometric investigation. In this section, the study provides the sample admission requirements and clarifies how the interviews were conducted, such as the survey format; therefore, the research inquiry establishes the experimental evidence (Acuyo-Verdejo, 2017). For instance, questions such as what word choice issues arise even during interpretation of legitimate language from Albanian to German and conversely, should be answered. Regarding the experiences of interpreters who specialize in this sector, the interviewers sought to define the issues unique to interpreters of permitted provisions from Albanian to German and conversely. Due to the fact that language learning is nearly and solely the interpreters’ mother tongue, only Albanian is used.

The study includes interpreters who specialize in or only translate legal literature. In total, 12 translating workshops were visited in Albanian towns for the objective of the research. Several companies worked in translation theory and were asked to participate in this study on their web pages. One of the producers declined to take significant aspects in the poll because there were only transcribed sentences and phrases, while the other two additional people did not react. As a result, a close communication consisting of nine translators was created. The examinations were conducted from December 9, 2020, and January 22, 2021 (Bushi & Papajorgji, 2021). Two interviews took place in reality, three over the telephone, one over the Internet, and three via mail. Various communication channels had been utilized since, on one side only, whereas visiting for an assessment was nearly impractical. Moreover, the interviewers wished to accommodate only those participants who preferred to respond to the questions. Members were asked in semi-structured discussions, and for the interview session, questionnaire s were developed and categorized into three types.

The first group was mainly concerned with the participants’ observations. These inquiries aimed to determine what kinds of talents the respondents have that could assist in avoiding or resolving issues. Eight questions were incorporated during the first group, and the second scenario of queries centered on the difficulties encountered while interpreting legal documents. The second category included seven questions, while the third category of issues concerned career growth. The purpose was to determine what extra training would be required. In conclusion, the last type of query has four key questions.

Professional Capability of the Participants

The responses to the first group of questions are described and analyzed in this chapter. The questions are based mostly on the participant’s level of education and relevant expertise. The inquiries in the very first section of the discussion are about the following issues; typical labor, translation tools, and interpreter mentoring. In respect to the different topics, the academic performance of the interpreters questioned was comparable.

All respondents comprised an unmarried man or above, and had practiced act or German. Five of them seem to be graduates of the German comparative literature program. One of the applicants was a high school junior pursuing a German degree. Two of the respondents were having advanced degrees (bachelor’s and master’s), while one happened to be a criminal defense attorney. Two of the respondents had researched translations and interpreting at the graduate level; one obtained a degree in interpreting and the other in translating.

All of the interviewees had prior expertise with translation theory. The interpreter with the most experience in the industry had been translating legal materials for 17 years. The interpreter with the least experience in the industry had only been doing so for four years. Two respondents continued to work as interpreters for part-time and another full-time. All participants spent their careers in translation theory, but that had been their sole or primary interpretation sector thus far. The interviewers’ list of translation studies was quite comprehensive. All interpreters had interpreted agreements, court papers, official documents, and certificates of incorporation throughout their successful jobs.

Three linguists also interpreted articles from the European Union. Court filings were the most prevalent European Union publications. Participants could not provide statistics on the typical weekly or monthly activity on letters or web pages. The proportion of participants said that the volume of work fluctuated. In terms of translating aids, computerized interpretation technologies were considered the most important by all participants. Google and numerous European Commission websites, notably EUR-Lex, were also mentioned repeatedly.

Word Selection Problem and Survey Results

Standardized formulas were highlighted as among the sources of the term selection problem by the respondents. These formulas make data easier to understand and comprehend appropriate legal characteristics of the processes. Attorneys have been explaining some procedural topics using the same known and established methods for so many decades. As a result, the interpreter has little discretion to reformulate. The interpreter employs the inspected regularly in the original language, irrespective of textual grammar, making the interpretation simpler to comprehend. Another issue frequently raised by responders is the professional word’s tight relationship with other technological dialects, namely understanding technical language in legal writings. Constitutionally protected vocabulary is further distinguished by employing stereotyped made up of multiple and phrases and quantitative characteristics like sophisticated grammar and certain textual building principles.

Furthermore, translators cited issues with the creative programming, such as texts containing erroneous or unclear parts or papers produced by official entities that lack some aspects of language. Among many other issues, the word is missing in bachelor’s or Master Graduate degrees and needs to be converted into German; the interpreter should find, construct, and modify the term they must employ. In addition to the methods previously discussed, interpreters must identify and use the transmit and aesthetic framework to achieve the best possible mix of semantics, lexicon, morphology, and artistic elements. They must also use a version that is as precise and understandable to the receivers as feasible. Furthermore, a text’s domestic and international form is a concern in interpretation since the interpreter must regularly consider how to rationally change the translated version (Atabekova, 2021). The main issue is whether the pattern of the original text or the framework of the final document should be preserved. Although correctness is unquestionably vital in statutory language, the interpreter frequently meets idioms, which causes translation problems.

The Need for Further Training

The solutions to the last sort of questions are described in the paragraph that follows. The third type of inquiry refers to professional growth, namely the programs or conferences that participants require or wish to attend. Professionalism was highly praised by the interviewee’s expertise and other training sessions. One interviewee indicated a need for practice sessions focusing on judges to be familiar with the terms. Two people showed an interest in participating in the Bar Institution’s higher pieces of training.

Information Technology (IT) training, according to participants, makes their jobs easier. They also mentioned the following classes; a training seminar. Regarding the issue of the German businesspeople, a once-a-month apprenticeship in technological language assessment, a learning program about the direct terms of documentation, as well as a certification program by professional interpreters. In addition, one respondent wished to study more documentation transit in the European Union. The grounds behind this were the program’s constant alterations and misunderstanding.

Conclusion

This article describes the peculiarities of professional language interpretation. The main topic of the empirical section was the difficulty in interpreting legal materials. The examiners spoke with nine legal interpreters during the interview session. According to the first series of questionnaires, the conversations were separated into three sections, where one group of participants had German and the other one had law. Furthermore, they all had a wealth of professional knowledge. The most prevalent obstacle in interpreting legal materials was identified as vocabulary in the second segment of the discussions.

Many designations do not necessarily have a counterpart in the other dialect because they do not originate in that form; similarly, seemingly related terms in bilinguals do not even have the same substance. It was indicated in the questionnaire responses, for example, that the exact phrase in the legal sense takes on a new significance. Phraseologies are more common in German permissible terminology than the one in Albanian.

Concrete phrases and noun + noun and adjective + noun linkages, in particular, provide interpretation challenges. Traditional forms in both dialects, such as abstraction expressiveness and emotionless style, serve to stress activity and underscore the purpose of the person’s actions. The directions in the verb meaning and juxtaposition (Albanian) and the indefinite (German) are much more comprehensive. Nominal journalistic integrity is also emphasized in style. In German, there is extended creation of compounds (complex adjectives), as it was also mentioned that there are now challenges with interpretation.

When filtering out all of the characteristics, the text in the original language must be analyzed. As a result, the interpreter must determine what type of interpretation should be performed, the kind of text to be written in the chosen language, and the type of components that should be kept if the understanding is successful. Multiple levels of analysis distinguish the vocabulary of legal language. For instance, the interpreter encounters particular and ambiguous legal phrases that indicate numerous legal regimes in the official documentation. Their goal now is striving to overcome comprehension barriers appropriately. The third section of the discussion is about the training classes in which the respondents took part. All of them emphasized the importance of advanced training.

Interpreting legal papers entails a plethora of different language competencies, technical competencies, communication across cultures, and expert knowledge. Nevertheless, stories and interpretations are unlikely to respond to education and training, which is intended to break down barriers between both the worlds of employment and study. Training is also designed to educate competent and intelligent workers for the employment market and promote sustainable development to carry out continuous re-skilling as well as updating of the proficiencies of future professionals following new responsibilities and requirements.

References

Acuyo-Verdejo, M. (2017). Textual knowledge in legal translation. HERMES – Journal of Language and Communication in Business, 17(32), 167.

Atabekova, A. (2021). Heritage module within legal translation and interpreting studies: Didactic contribution to university students’ sustainable education. Sustainability, 13(7), 3966.

Bushi, J., & Papajorgji, E. (2021). Translation in terms of law and communication: difficulties regarding the translation of legal texts from Albanian into German and vice versa. Journal of Educational and Social Research, 11(4), 58.

Gortych-Michalak, K. (2017). Polish, Greek and Cypriot civil procedure terminology in translation. A parametric approach. Studies in Logic, Grammar and Rhetoric, 49(1), 73-88.

Prieto Ramos, F. (2014). Legal translation studies as interdiscipline: Scope and evolution. Meta, 59(2), 260-277.

Simonnæs, I., & Kristiansen, M. (eds). (2019). Legal Translation. Current Issues and Challenges in Research, Methods and Applications. Frank & Timme.

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