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Legal Translation in Context

Professional Issues and Prospects

Series:

Anabel Borja Albi and Fernando Prieto Ramos

What does it take to be a legal translator? What is expected of legal translation professionals in the public and private sectors? Following recent developments in the field, there is a need to take stock of professional settings, skills and related training needs. This volume offers a systematic overview of the diverse professional profiles within legal translation and the wide range of communicative situations in which legal translators play their roles as mediators. Contexts of professional practice have been classified into three main categories, which give shape to the three parts of the book: (1) legal translation in the private sector; (2) legal translation for national public institutions; and (3) legal translation at international organizations. Practical concerns within each of these settings are analysed by experts of diverse backgrounds, including several heads of institutional translation teams. Commonalities and differences between contexts are identified as a means of gaining a comprehensive understanding of this multifaceted and dynamically changing profession.

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Part 2 Legal Translation for National Public Institutions

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Juan Miguel Ortega Herráez, Cynthia Giambruno and Erik Hertog 5 Translating for Domestic Courts in Multicultural Regions: Issues and New Developments in Europe and the United States of America 1. Introduction In the increasingly diverse societies in which we live, multilingual legal proceedings have become a norm rather than an exception. Therefore legal interpreting and translation (LIT) plays a crucial role in guaranteeing access to justice and fundamental rights. In this chapter, an analysis of the role translation plays in domestic courts will be examined while issues af fecting other legal settings, such as law enforcement agencies and international courts, will be dealt with in other chapters (Hickey; Tomić and Beltrán Montoliu). The main focus will be on the provision of translation services for criminal court proceedings, although references to interpreting are also included given the importance of interpreting in judicial settings. In fact, in academic research on LIT for the courts, more attention seems to be paid to interpreting than to translating. When translation is addressed, the approach used generally focuses on particular text-types, normally those of a purely legal nature, to the exclusion of a broader analysis of the common features that characterize court translation. This chapter includes a comparative analysis of the main issues sur- rounding translation for domestic criminal courts in Europe and the United States. First, a general framework on the legal foundations of translation and interpreting in criminal proceedings will be provided, both for Europe and the United States, given that written...

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