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Translation Studies and Translation Practice: Proceedings of the 2nd International TRANSLATA Conference, 2014

Part 1

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Edited By Lew N. Zybatow, Andy Stauder and Michael Ustaszewski

TRANSLATA II was the second in a series of triennial conferences on Translation and Interpreting Studies, held at the University of Innsbruck. The series is conceptualized as a forum for Translation Studies research. The contributions to this volume focus on humo(u)r translation, legal translation, and human-machine interaction in translation. The contributors also regard computer-aided translation, specialised translation, terminology as well as audiovisual translation and professional aspects in translation and interpreting.

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Translation in the Law: between Freedom and Convention (Tinka Reichmann)

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Tinka Reichmann, Universidade de São Paulo

Translation in the Law: between Freedom and Convention

Abstract: I discuss how expert knowledge becomes manifest in texts by different types of relations. I focus on the relational dimension concerning terminology, individual texts and textual networks in the Law, but also on the institutional dimension and on the relevance of both to legal translation.

1. Introduction

Busse (2000) is quite emphatic in affirming that text linguistic criteria and categories are insufficient for analysing legal texts, as legal text work is “much more an interrelation of text fragments, interpreting aspects, factual elements of a case, contemplation of different purposes, considerations in terms of legal policy etc. than an interpretation or sense-making in the traditional linguistic or colloquial sense”1 (Busse 2000, 809).

I will therefore assume a broader perspective and discuss how expert knowledge becomes manifest in texts, especially source texts, by different types of relations. Generally speaking, this concerns the highly complex process of text comprehension which precedes the translation process itself. I will focus on the relational dimension concerning terminology, individual texts and textual networks in the Law and then give some perspectives on translation. My examples are taken from the German and the Brazilian legal systems (in German and Portuguese).

2. Relational Aspects on Different Levels

Fix (2006) and Baumann (2008) emphasize the relevance of the relational dimension for text comprehension. Fix, on the one hand, describes...

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