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Comparative Law for Legal Translators


Guadalupe Soriano-Barabino

One of the central challenges facing translators of legal texts is the ability to fully understand the requirements of the various legal systems worldwide. In this respect, comparative law plays an important role in legal translation, as it allows for the identification of similarities and differences among legal systems.

While the practice of legal translation requires an excellent knowledge of comparative law for the linguistic transfer to be successful, educational institutions do not usually train their students in how to make the most of comparative law in the translation of legal texts or how to rationally solve the problems arising from the differences that inevitably exist between legal systems. After emphasizing the importance of comparative law in the field of legal translation, this volume focuses on the main concepts that characterize some of the most relevant legal systems in the world and puts theory into practice by offering some exercises on comparative law applied to translation.

This volume will be of interest to the growing number of students, teachers, professionals and researchers working in the field of legal translation.


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List of Figures ix List of Tables xi Acknowledgements xiii Introduction 1 Part I Comparative Law and Legal Translation 3 Chapter 1 Comparative Law and its Importance in Legal Translation 5 Chapter 2 Legal Families and Traditions 23 Part II The Civil Law Tradition 35 Chapter 3 Italy By Angela Carpi 37 Chapter 4 France 51 Chapter 5 Spain 67 vi Chapter 6 Germany By Rafael Adolfo Zambrana Kuhn 83 Part III The Common Law Tradition 99 Chapter 7 England and Wales 101 Chapter 8 The United States 115 Chapter 9 Ireland 127 Part IV Comparative Law for Legal Translators: From Theory to Practice 139 Chapter 10 Training Legal Translators 141 Chapter 11 Legal Translation in the Classroom 157 Appendix 1 Contrat de travail à durée indéterminée – Salarié du Particulier employeur 185 Appendix 2 Contrato de trabajo indefinido del servicio del hogar familiar 189 vii Bibliography 191 Notes on Contributors 197 Index 199

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