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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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8. Conclusions - 253


8. Conclusions In the first part of the book the state-of-the-art in the field of transla- tive equivalence and legal translation has been outlined. In the second part of the book I have proposed a theory of parametrized legal trans- lation and in the third part shown how this theory may be applied in practice. The aim of the theory outlined is to propose laws (postulates) and dimensions (which are sets of properties of legal reality objects and legal translation relations) used to characterize legal texts and their component parts for the purpose of establishing proper (suffi- cient) translative equivalents for a selected legal communicative community. As a result of the application of the communicative community oriented translation approach, based on the application of parameters to the translation process, a translation algorithm has been developed. Moreover, it has been ascertained that the dimensions described by the author help discipline the translator. As a consequence, the translator is more prone to make conscious choices justified by the communica- tive situation requirements in which the target text is to function. Due to the publication size it has been impossible to describe and examine all dimensions which may affect the process of translation. Therefore, only the most important ones have been inquired into in this work. This research is based on the theoretical foundations described in more detail in chapter 1. Although the impact of certain factors on the translation process and product has been described by many scholars, to my knowledge the...

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