Of all translations, the legal one is among the most complex. Legal terminology is specific and each legislation’s own, and the translator’s work, as has been reflected upon the subject, is not to merely interpret the text, but to become familiar with it and fully comprehend it. This is a complex task for those who have not studied law, since its terminology tends to be vast and highly complex, and difficult to understand outside of its context.
What level of legal knowledge should a legal translator have? We cannot demand a graduate of literature to possess the same level of knowledge as a jurist. In practice, however, most translations of legal documents are carried out by non-legal persons who, when faced with the translation challenge, may panic and often fall into the use of obsolete or inadequate terminology. On the other hand, it is not easy to find a lawyer who is also a great translator.
It may so happen that the translator is required to translate texts that share the same legal system, as in the case of Ireland, where the official languages are English and Irish. But many a time, this is not the case, and it presents a challenge not only for the non-jurist translator, but also for those who do have knowledge of the area, but one that is limited to their own social, political and cultural context. There are endless complex concepts depending on the topic being worked on, and numerous conceptual gaps between different legal systems. In addition, each legal system has its own way of understanding the law.
Due to its universal character, one of the languages that best allows the achievement of uniformity in this subject is English. In English linguistics, the overview through languages other than literary and conversational, the two most classical, has been defined as professional and academic English. It is one of the most used legally, especially in the drafts and documents of international organizations, despite the existence of other official languages. Hence, there are several concepts that have been globally established in English, such as “tort”, which in Chile is called “responsabilidad extracontractual”. On the other hand, the economy’s globalization has increased the need to execute agreements in a universal language that facilitates problem solving. Legal English has played an important role in this regard. Therefore, we could consider legal English as a meeting point for lawyers, jurists and legal translators.
Today there is a wide range of training courses in law for translators, which allow this universe to be approached and understood by those who are not familiar with it. In fact, many authors, like Gémar, consider that a high level of professionalism can be achieved if the translators have a double training in both law and in translation. However, there still remains conviction on the part of several scholars of the subject and international organizations, such as the Court of Justice of the European Union, that the work of legal translation should be limited to those who have knowledge of law.
What level of legal knowledge should a legal translator have? We cannot demand a graduate of literature to possess the same level of knowledge as a jurist. In practice, however, most translations of legal documents are carried out by non-legal persons who, when faced with the translation challenge, may panic and often fall into the use of obsolete or inadequate terminology. On the other hand, it is not easy to find a lawyer who is also a great translator.
It may so happen that the translator is required to translate texts that share the same legal system, as in the case of Ireland, where the official languages are English and Irish. But many a time, this is not the case, and it presents a challenge not only for the non-jurist translator, but also for those who do have knowledge of the area, but one that is limited to their own social, political and cultural context. There are endless complex concepts depending on the topic being worked on, and numerous conceptual gaps between different legal systems. In addition, each legal system has its own way of understanding the law.
Due to its universal character, one of the languages that best allows the achievement of uniformity in this subject is English. In English linguistics, the overview through languages other than literary and conversational, the two most classical, has been defined as professional and academic English. It is one of the most used legally, especially in the drafts and documents of international organizations, despite the existence of other official languages. Hence, there are several concepts that have been globally established in English, such as “tort”, which in Chile is called “responsabilidad extracontractual”. On the other hand, the economy’s globalization has increased the need to execute agreements in a universal language that facilitates problem solving. Legal English has played an important role in this regard. Therefore, we could consider legal English as a meeting point for lawyers, jurists and legal translators.
Today there is a wide range of training courses in law for translators, which allow this universe to be approached and understood by those who are not familiar with it. In fact, many authors, like Gémar, consider that a high level of professionalism can be achieved if the translators have a double training in both law and in translation. However, there still remains conviction on the part of several scholars of the subject and international organizations, such as the Court of Justice of the European Union, that the work of legal translation should be limited to those who have knowledge of law.
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