Principles of terminology for legal translators

Legal Translation and Terminology 30/11 - 2/12, 2007 Zagreb Principles of terminology for legal translators Peter Sandrini Peter Sandrini Biographical Notes    Research Areas − Terminology − Translation of Legal Texts − Globalization − Localization of Websites − Translation Technology − Languages DE IT EN Position: Assistant Professor at the University of Innsbruck, Austria www.petersandrini.net Peter Sandrini Overview   Part − Basic concepts of Terminology − What makes Legal terms special? − How can we compare legal terms? Part − How to compile a legal terminology collection? − Terminology management − Legal Terminology databases Peter Sandrini What is a term?    A word that is used in specific contexts for a specific meaning Designation of a defined concept in a special language by a linguistic expression (ISO 1087) Examples Peter Sandrini Concepts  A concept is an abstract idea or a mental symbol (unit of thought), typically associated with a corresponding representation in a language or symbology, that denotes all of the objects in a given category or class of entities, interactions, phenomena, or relationships between them (knowledge unit) Peter Sandrini What is an object? ISO 1087: object: Any part of the perceivable or conceivable world Peter Sandrini Semiotic triangle in terminology Suonuuti, Heidi (1997): Guide to Terminology Nordterm Peter Sandrini Functions of Terminology knowledge transfer content term (cognition and knowledge) (communication) object, concept representation of object/concept Terminography (Termbanks) Knowledge-based Systems Information&Documentation Peter Sandrini What is terminology Terminology: interdisciplinary field of study, which analyses the concepts and objects of a special subject field and the representations assigned to them, studies the systematic recording of concepts and representations as well as the relations between them Peter Sandrini Discipline = Specialized Knowledge Without Terminology – no Knowledge Without Knowledge – no Terminology 10 Peter Sandrini Legal definitions     18 Definitions are system-bound They have the purpose to clearly differentiate concepts Link concepts to other concepts Open definitions in law Peter Sandrini Open definitions 19  “No vehicles are permitted in the park”  Open-textured concepts Peter Sandrini LEGAL Definition: (STATUTES OF CALIFORNIA) 653k: Every person who possesses in the passenger's or driver's area of any motor vehicle in any public place or place open to the public, carries upon his or her person, and every person who sells, offers for sale, exposes for sale, loans, transfers, or gives to any other person a switchblade knife having a blade two or more inches in length is guilty of a misdemeanor For the purposes of this section, "switchblade knife" means a knife having the appearance of a pocketknife and includes a spring-blade knife, snap-blade knife, gravity knife or any other similar type knife, the blade or blades of which are two or more inches in length and which can be released automatically by a flick of a button, pressure on the handle, flip of the wrist or other mechanical device, or is released by the weight of the blade or by any type of mechanism whatsoever "Switchblade knife" does not include a knife that opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or that biases the blade back toward its closed position Bill SB 274, clarifies the definition of a one-hand opening knife so they are not wrongly classified as switchblades Bill SB 274 clearly states: For the purposes of this section, switchblade knife means a knife having the appearance of a pocketknife and includes a spring-blade knife, snap-blade knife, gravity knife or any other similar type knife, which can be released automatically by a flick of a button, pressure on the handle, flip of the wrist or other mechanical device, or is released by the weight of the blade or by any type of mechanism whatsoever Definition of Switchblade knife does not include a knife that is designed to open with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife utilizes a detent or other mechanism that (a) provides resistance that must be overcome in opening the blade, or (b) biases the blade back toward its closed position In order to ensure that only legitimate one-handed opening knives are covered, SB 274 narrows the language to only allow knives to fall under the exemption from the switchblade law if that onehanded opening knife contains a detent or similar mechanism Such mechanisms ensure there is a measure of resistance that prevents the knife from being easily opened with a flick of the wrist Moreover, a detent or other mechanism is prudent and a matter of public safety as it will ensure that a blade will not inadvertently come open 20 Peter Sandrini Uncertainty     21 Causes for Indeterminacy of legal concepts: − Social and moral value system in law − Deliberate indeterminacy − Coincidental indeterminacy fair use, negligence, reasonable person, good faith, bona fide, emergency Wichtiger Grund, Ermessen, Zumutbarkeit, Treu und Glauben, Verhältnismäßigkeit Buon costume, diligenza, interesse pubblico, misura notevole Peter Sandrini Conceptual differences    22 DE „klar und verständlich“ EN „clear and comprehensible“ IT „chiaro e comprensibile“ Peter Sandrini Ideal of Univocity   23 One term = one concept Meaning that a term always refers to one concept and thus always has the same meaning, is unambiguous and precise Bi-univocity the context is represented by one term only and this term refers exclusively to this concept Peter Sandrini Polysemy    24 lexical ambiguity, i.e., the ambiguity of an individual word that can be used - in different contexts - to express two or more different meanings External polysemy Internal polysemy Peter Sandrini External Polysemy  LGP-words can be used as legal terms representing a specific legal concept Ordinary Meaning vs Legal Meaning the LGP-meaning of the word used as a legal term should be disregarded or at least be used only as a starting point Problem for the communication with non-legal experts (Beispiel Leihe Darlehen) General assumption: every term used in a legal text refers to a legal concept 25 Peter Sandrini Internal Polysemy  A legal term represents more than one legal concept in different legal settings − terms used with different definitions in specific areas of law, e.g penal, administrative or civil law Importance of knowing to which legal branch the text belongs 26 Peter Sandrini Relative univocity  27 a term refers to one concept in a specific context it is defined for a specific purpose in a legal context Peter Sandrini Equivalence  Conceptual correspondence − −  Equivalence in Linguistics − − 28 Onomasiological approach Identity of content Semasiological approach Identical usage in texts and language Peter Sandrini Criteria of equivalence    definition (intension and extension) position in concept system (conceptual context) but not: − 29 language-based features e.g  textual usage  geographical restrictions  style Peter Sandrini Equivalence   30 The preeminent goal of descriptive terminology is to describe relations between the concepts of a defined subject field and to identify the terms in two or more languages which designate one concept [Cole 1993:400] Conceptual correspondence where two terms can be considered equivalent when all concept characteristics overlap, i.e in cases of conceptual identity (Arntz/Picht 1991:155) Peter Sandrini Equivalence in legal terminology    31 Two languages to designate one concept = multilingual legal system Terms and concepts from different legal systems = no conceptual equivalence Comparison of concepts leads to translation options Peter Sandrini Literature on Legal Terminology  Introductions on Terminology − Budin, G; Wright, SE (2001): Handbook of Terminology Management John Benjamins, Amsterdam − Arntz, R.; Picht, H.; Mayer, F.: Einführung in die Terminologiearbeit Hildesheim: Olms  Legal Terminology − see literature list 32 Peter Sandrini