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Legilinguistic Translatology

A Parametric Approach to Legal Translation


Aleksandra Matulewska

With the purpose of making the process of legal translation accessible to investigation, the author resorts to the parametrization of translational reality as an inalienable component of her translational theory being proposed here for consideration. The aim is to propose a more precise theory of legilinguistic translation which compels the author to clearly distinguish primitive terms and postulates. These latter specify the image (model) of the reality in question in terms of relevant dimensions used to characterize a set of translational objects and relations. The dimensions secure a systematic examination of the translation reality and process. In order to illustrate the practical application of the parametrization in legal translation, the discussion concerning this translation approach is limited to certain selected types of legal communicative communities which is amply exemplified. The research is based on data and information gathered during an in-depth case study of translations and parallel text corpora mainly in the field of civil law including insolvency and bankruptcy law.


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5. Communicative Communities of Recipients in Legal Communication -181


5. Communicative Communities of Recipients in Legal Communication 5.1. Introductory remarks This chapter will be devoted to types of communicative communities and their properties affecting the choice of the translation procedure (technique) which should be applied in the translation process. We may enumerate the following exemplary types of communi- cative communities taking part in legal communication: (i) the multi-lingual (international) communicative community, (ii) the European Union communicative community, (iii) the common law communicative community, (iv) the civil law communicative community, (v) the business-oriented foreign communicative community, (vi) the legal system ignorant communicative community, (vii) the business relation bound communicative community. Of course, it is possible to distinguish many more communicative communities, which embrace recipients of legal texts. However, for the purpose of this work only the most typical ones have been taken into consideration to illustrate the implementation of the presented translation approach. Having discussed the methods of source text meaning calcula- tion at the textual and component part level, as well as the procedures of establishing significators, the problem of deciding what types of significators are best for specific types of communicative communities should now be addressed. Let us now give short description of se- lected communicative communities, and next list the dimensions with properties, which may be assumed by them and which determine the type of significator which will be considered sufficiently equivalent (cf. Po 8). 182 5.2. International communicative community The international communicative community is composed of people belonging to many language communities, for whom the target...

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