Examining the difficulties in translating legal terms and suggesting some feasible solutions

MINISTRY OF EDUCATION AND TRAINING HO CHI MINH CITY UNIVERSITY OF LAW GRADUATION THESIS B.A DEGREE IN ENGLISH Major: Legal English EXAMINING THE DIFFICULTIES IN TRANSLATING LEGAL TERMS AND SUGGESTING SOME FEASIBLE SOLUTIONS Supervisor: PHAN LE CHI, MA Student: LE PHAM TUYET NGAN Student ID:1952202010034 Class: LE44A Ho Chi Minh City, 2023 ACKNOWLEDGMENT The thesis “Examining the difficulties in translating legal terms and suggesting some feasible solutions” results from my continuous research and efforts over months Having said that, I could not have completed such a comprehensive thesis without the assistance of my instructors, teachers, friends, and family Now that, it is nearly finished my four-year experience of learning and cultivating at Ho Chi Minh City University of Law A really dynamic environment with a faculty of devoted, motivated, and qualified people who play a vital part in my educational studies With all of that thankfulness, I would like to convey my deepest appreciation to Mrs Phan Le Chi, a dedicated person who was always there to guide and assist me throughout the research and implementation processes Once again I sincerely say thanks to you again and wish you good health Following that, allow me to express my heartfelt gratitude to my class advisor, Mr Luong Minh Hieu, who has been tutoring my class for the last four years, Ms Le Nguyen Thao Thy, who provided me with guidance and orientation on the topic, and many other lecturers who have always assisted and given me the greatest advice I'd like to thank all of the faculty and lecturers who have guided us and patiently transmitted useful knowledge as well as always creating the best conditions for us to complete the course I'd also want to take this opportunity to thank my friends for always sharing and encouraging me when I was stuck Last but not least, I like to express my gratitude to my family members for constantly accompanying, encouraging, and supporting me during this long journey Thank you for everyone's assistance, lessons, experiences, support, and trust Thank you so much for everything Sincerely thanks! LIST OF ABBREVIATIONS Terms Source language Target language Abbreviations SL TL LIST OF DIAGRAMS Title Page Process of translation 14 TABLE OF CONTENTS CHAPTER 1: INTRODUCTION 1.1 Background to the research 1.2 Rationale 1.3 Aim of the research 1.4 Research questions 1.5 The scope of the research 1.6 The significance of the research 1.7 Research methodology 1.7.1 Research design 1.7.2 Data collections and data analysis 1.7.3 Subject of the research 1.8 Outline of the thesis CHAPTER 2: LITERATURE REVIEW 11 2.1 Overview of translation 11 2.1.1 What is translation? 11 2.1.2 The translation history 12 2.1.2.1 History of European translation 12 2.1.2.2 History of Vietnamese translation 13 2.1.3 Process of translation 14 2.1.4 Factors of translation 15 2.2 Legal terminology 15 2.3 Translation methods 16 2.3.1 Word-for-word translation 17 2.3.2 Literal translation 17 2.3.3 Free translation 17 2.3.4 Idiomatic translation 18 2.3.5 Faithfull translation (Loyal translation) 18 2.3.6 Semantic translation 18 2.3.7 Communicative translation 18 2.4 Translation technique 18 2.4.1 Borrowing 18 2.4.2 Calque 19 2.4.3 Adaptation 19 2.4.4 Equivalence 19 2.4.5 Modulation technique 19 2.4.6 Transposition technique 19 2.4.7 Compensation 19 2.4.8 Reduction 20 2.5 What is legal translation? 20 2.6 The difference between Legal translation and General translation 20 2.7 What makes translating legal terms difficult? 22 2.8 Previous study 23 CHAPTER 3: METHODOLOGY 25 3.1 Description of methodology 25 3.2 Data collection 25 3.3 Data analysis 26 CHAPTER 4: DISCUSSION 27 4.1 Difficulties in translating legal terms 27 4.1.1 Factors directly related to the terms 27 4.1.1.1 Not mastering technical terms 27 4.1.1.2 Polysemy of legal terms 27 4.1.1.3 Synonymy of legal terms 29 4.1.1.4 Collocations, legal phrases, and phrasal verbs 29 4.1.1.5 A combination of synonyms or near-meanings words 31 4.1.1.6 Archaic terms 31 4.1.1.7 Legal illogical expressions 32 4.1.1.8 Equivalent words 32 4.1.1.9 Latin words 34 4.1.2 Other factors affecting the translation of legal terms 34 4.1.2.1 Knowledge of Legal Background 34 4.1.2.2 Differences in the legal system 35 4.1.2.3 Differences in the language system 36 4.1.2.4 Cultural differences and context 39 4.1.2.5 Complex sentence structure and grammar 40 4.2 Research questions 41 4.2.1 The common difficulties encountered when translating legal terms 41 4.2.2 Useful methods for making term translation more straightforward and more accurate 43 4.2.2.1 Enhance and broaden understanding of both language and law 43 4.2.2.2 Translation tools 44 4.2.2.3 Choose the most appropriate translation method 45 4.2.2.4 Discover and comprehend the culture of both languages 46 4.2.2.5 Apply translation process 47 4.2.2.6 Solutions for equivalent words 48 4.3 Findings and recommendations 48 4.4 Tips for translation legal terms 50 CHAPTER 5: CONCLUSION 52 5.1 Conclusion 52 5.2 Limitations of the study 53 5.3 Further studies 53 REFERENCE 54 CHAPTER 1: INTRODUCTION 1.1 Background to the research In this day and age of globalization, a nation's growth is substantially impacted by its capacity to interrelate culturally, financially, politically, and socially with the world Nevertheless, the exchange between countries is often complicated due to the language barrier Therefore, translation is the bridge that smoothens the process of collaboration and communication with the world, making it faster, easier, and more convenient It is a tool for achieving effective communication between different cultures, and also the means that can help people to know various works and broaden their knowledge of the world According to Statistics and data research on the most spoken languages in 2022 As regards the number of native speakers, English is not the most universally spoken language worldwide It just ranks third with about 372.9 million speakers as a mother tongue, but it is a language used by more than 1080 billion people as a second language Because of this reason, it naturally becomes the preferred language of choice in all aspects, which are mainly in the fields related to international, commercial, and legal fields Many people may wonder whether it is necessary to translate English documents anymore when almost everyone is using English today Although English is spoken by a significant number of people worldwide, not all people speak it, and their English proficiency varies They may not have much trouble answering, communicating in English Having said that, truly comprehending the problems in a specialized document or a contract is another matter Not to mention the fact that different fields involve different terms, especially those in the legal field which necessitates understanding of both the law and the language Consequently, numerous individuals may find it difficult to read and understand specialized papers without the assistance of translation As a result, translation will always have its place in this era Viet Nam is continually evolving and becoming more innovative As a result, the amount of documents, contracts in administrative operations, trade, and international collaboration has expanded dramatically, just like (Duraner, 2014) comments, today's world involves an increasing number of negotiations, agreements, and disputes between nations and individuals The text translation industry can be found in a variety of fields, but the translation of legal papers is becoming more popular than ever as the demand for international collaboration and understanding of foreign laws develops The legal English text is far more difficult to translate than general English text since legal English translation involves not only transferring meaning but also identifying appropriate legal terms in TL (Karjo, 2015) Indeed, legal document translation has tougher requirements when it comes to accuracy, even 100% accuracy This complicates legal document translation, particularly in a country like Viet Nam where rules and regulations are continuously changing Translating legal documents is the most challenging task because literal translations will not suffice to communicate the author's intended message accurately Moreover, losing a small piece of information or even a single mistranslation can also lead to misunderstandings and, as a result, bring about profound legal implications that potentially affect parties' rights and privileges Given its significance, translators have to be responsible for the accuracy of their translations without changing the concepts and information that the source content communicates, he must be sworn in the language he is translated into (Khaydarova, 2019) G Willow Wilson from Alif the Unseen believes that there is a reason why languages differ, you can't switch ideas without losing something Hence getting a translation that conveys exactly what the author wants is extremely difficult To achieve precise translations that accurately express the author's intent, translators must have an extraordinary comprehension of both the SL and the TL The legal translator relies on his experience and knowledge of the subject to translate (Khaydarova, 2019) Therefore, if a legal document needs to be translated, it is essential to employ someone who is well-versed in legal language and practices Legal translation goes beyond any conventional issues and it necessitates a high level of precision, which frequently leads to the translation process (Karjo, 2015) In addition to providing a high-quality translation, having a general understanding of legal background is not enough Legal documents include specific morphological, grammatical, terminological, semantic, abbreviations, pragmatic, and stylistic elements that make translation difficult (Hargitt 2013) Therefore translators in the legal field have to be professionals who are highly skilled in language and understand the implications of legal terminology to guarantee that the legal translations are carried out with the utmost precision Due to an array of transactions, legal documents are becoming increasingly important, which makes legal translation crucial and even indispensable (Duranner, 2014) The most obvious evidence is that domestic businesses and individuals have a high demand for legal translation of a wide range of documents As a result, inaccurate translations of these documents will cause serious legal consequences, creating misunderstandings between corporations and individuals Even though the quality of legal translations is critical, many legal translations in Viet Nam not satisfy the standards In reality, when dealing with legal translation, there will be multiple obstructions One of the most common mistakes which is deemed one of the most common blunders is the mistranslating legal terminology This hindrance originates from numerous elements, such as different points of view and judgments, the translator’s experience, an absence of comprehension of the term, cultural differences, lawful frameworks, and numerous other reasons Because of this reason, many translations today have been “distorted”, even going against the author's intentions Acknowledging the seriousness and urgency of this issue, it is extremely essential to comprehend and clear up these issues Because doing so benefits not only the translator but also the client, who is the primary beneficiary of the translation Solving these concerns will enable the translator to enhance the quality of the translation and avoid rehashing those blunders 1.2 Rationale There are numerous reasons why this research should be conducted, below are the primary and most pressing ones: First and foremost, corporations are emerging in modern society as a result of the economic restructuring trend and so the demand for foreign commerce is also increasing major categories: the complexity of legal terminology itself, legal knowledge, linguistic aspects, and the influence of cultural and historical elements The first issue is the legalese Different fields will have diverse terminology systems, and the legal sector is no exception This field's terminology is much more convoluted and perplexing, hence lay people will struggle to get to know the content of legal documents Words used in the legal sector are combined with various kinds of words, including ancient words that are truly seldom used in daily English, Latin words which appeared many centuries ago that not exist in dictionaries, or the usage of common words but have unusual implications in the subject of law These kinds of words are widely employed and favored by professionals These terms are not only perplexing, but they also make sentences complicated and confusing Besides, the problems of synonyms, homonyms, collocations, and phrasal verbs are also things that necessitate the translator's attention In short, mistranslating terminology, translating literally, or transferring meaning without reflecting the true nature of the term is a common problem that many translators face All of these issues can be attributed to a lack of knowledge and grasp of technical vocabulary The following issue is a lack of legal knowledge This can be due to the shortage of law knowledge and the difference in the legal system To translate legal papers correctly and effectively, the translator must have at least a general awareness of the legal field Legal documents in various nations will take different forms, go through different processes, and are handled in different ways Knowing the legal systems of the two countries will be a major advantage for the translator Moreover, when translating a specific term, such as referring to a position or title in court, understanding the law will assist the translator in quickly recognizing and providing the translation meaning that is closest to the original Another challenge is the influence of the linguistic aspect, which is centered on the language system The difference between two language systems, such as vocabulary, syntax, and sentence structure, affects the meaning of terms These elements are different and vary by region, for example, in the United Kingdom, legal professionals are fond of using passive constructions, double words, triple words, complex phrase structures, and several 42 clauses that confuse people This needs the translator to be fluent in the language of both systems, as well as conversant with the sentence structure and grammar so that the translation is natural and suitable Certainly translating word by word will not make it easier for readers to grasp, but it may result in semantic mistranslation The final set of challenges stems from the legal field's cultural and historical influences, which generate distinct concepts and ideas, as well as a varied process system and method of handling In addition, the problem of equivalent terminology becomes a greater challenge for translators It explains why translators in the civil law system have more trouble when translating documents in the common law system 4.2.2 Useful methods for making term translation more straightforward and more accurate 4.2.2.1 Enhance and broaden understanding of both language and law All of the obstacles, however, arise from the author's lack of knowledge, experience, and skills Since then, it has had many other repercussions, making the already challenging legal translation much more difficult For example, because there is a limited vocabulary, it leads to term mistranslation, even after consulting the dictionary, the appropriate meaning may not be selected This is the mistake that many beginners or inexperienced translators make the most To put it simply, a person who is not knowledgeable in a foreign language cannot translation work, and even being good at a foreign language is not enough, the translator must be fluent and skilled in both languages for the translation to be of high quality Furthermore, there might be a lot of ambiguity in the legislation, which can lead to ambiguous circumstances To avoid this, translators should continually improve their language abilities by reading as much foreign-language material as possible, such as local newspapers, journals, and novels, on a daily basis It is necessary for developing a widely recognized translation that appropriately conveys contextual meaning Besides, translators should also try to absorb any new trends, facts, cultural habits, or new words If you not comprehend a word, look it up and expand your vocabulary by “reading” a monolingual 43 dictionary Moreover, translators should concentrate on extensively improving listening, speaking, and writing skills in order to fully improve their English ability Finally, reading text translated by colleagues and seniors can tremendously aid you in understanding additional translation strategies and tactics Aside from being outstanding in many languages, the translator must also have a thorough understanding of the law and a large vocabulary to comprehend and effectively interpret the content to be conveyed Law is a tough area, and if translators are unsure of their ability, the best option is to enroll in legal classes Translators can choose between short-term and long-term programs to match their schedules, or they can specialize in a certain field This is entirely dependent on the preferences of each individual As stated before, the more you read, the better knowledge you gain Likewise, translators can opt to read contracts, lawsuits, case law, and precedents that are trusted and recommended by experts For advancement, the translator must continually improve every day, learn from other specialists, gain experience, and keep up with legal facts As a result, some of the issues faced throughout the translation process can be reduced 4.2.2.2 Translation tools In the past, the dictionary was an essential tool for translators However, most dictionaries on the market now merely show the generally used word meanings and not refer to specialist meanings associated with a specific area Thus, even after looking up the word, using its common sense in a legal setting will result in weird meaning For example, “bar”, when most individuals hear this word, they immediately think of a place to eat, drink, and gather at night, but in a legal context, this word is used to refer to the railing running across a courtroom that separates the court's working area and the general public area With the advent of technology, a myriad of new tools and applications have been created to ease the burden on all translators Indeed, Google Translate, CAT Tool, and a plethora of other translation technologies are commonly utilized by translators It's easy to understand why they're so popular First and foremost, translation tools provide pretty good translation quality with rapid response time, saving readers a lot of effort The next benefit 44 is that they can detect and translate hundreds of different languages, which is difficult for humans to Additionally, connecting to and using these tools is simple, we merely need electronic devices such as phones or laptops with an internet connection, and then we can utilize these applications Undeniably, translation tools help translators by saving time and providing nice translations As a result, many translators nowadays rely excessively on translation software, which has a number of drawbacks Most translation programs simply translate literally, therefore the translation will only mean the primary idea, but if details are required, these systems may fail to react Furthermore, they rely on word units to translate meaning but are unable to evaluate context or culture, making translating expressions becomes tough and awkward To summarize, translation aid technologies can help translators save time and make the translation process easier, but they should not be overused Translators can use them to grasp the broad idea and acquire a rough translation, but they must then analyze the context, and grammar to “broach” the sentence to confirm that the translated terms are correct Translators can compare their translations to tool translations for consultants and to discover how to translate more accurately, but they should not use the original version directly from these programs because the translation will undoubtedly contain errors 4.2.2.3 Choose the most appropriate translation method As stated earlier, there are numerous translation methods, and selecting the ideal translation method will make the translation process easier and more accurate According to research studies, unskilled or inexperienced translators just replace the term in the SL with another word in the TL that has the same meaning, rather than reading and analyzing the complete text According to Lörscher, “the majority of foreign language learners generate translations primarily through the exchange of language signs” They solely focus on vocabulary instead of paying attention to grammar, context, or culture, therefore they prefer to use more literal translation That explains why the outcomes are not only unnatural, and inconsistent with the original but also have several grammatical and lexical issues 45 Even sometimes it turns out to be tricky to grasp due to the incorrect explanation of terminologies Even more surprising is that this type of translation occurs not just with beginners but also with expert translators They rarely notice this issue, only when the translation becomes too confusing or contains obvious errors that they realize their method is incorrect This doesn't mean that the literal translation is incorrect, but it should be used in more appropriate settings, especially when dealing with the legal area, where word-for-word translation undoubtedly poses numerous problems Therefore, depending on the context, writing style, grammatical structure, and meaning of the sentence, the translator can employ a variety of translation strategies, such as free translation, semantic translation, or communicative translation to make the sentence more harmonic and accessible In a text, the translator can flexibly use many different translation methods, for example, instead of maintaining the grammatical structure, but the meaning becomes difficult to understand when finished, the translator can “break” the structure of these English sentences and rearrange the semantics to match the semantics in Vietnamese 4.2.2.4 Discover and comprehend the culture of both languages Every language contains cultural components, and a country's culture is frequently conveyed through its language Understanding these cultural elements will assist translators in learning foreign languages more efficiently since they will completely comprehend the meaning of a word and why it delivers that meaning Furthermore, the meaning of words in any language can change based on the context, therefore language perception includes not just understanding the meaning, but also recognizing the content inside the words by grasping and understanding that country's culture, rather than just getting the word meaning through dictionaries No matter how broad a translator's vocabulary or how excellent their grammar is, they will never be able to translate the “soul” of the original text, if they lack cultural understanding In other words, they just have language abilities but are not fluent in that language In fact, culture and language are inextricably linked, studying languages is acquiring culture 46 Understanding the culture used to be a challenging problem since it took a lot of energy and money to travel to the site to experience the culture there, but, thanks to technological advancements, we can now understand the culture easily by staying at home We may learn about many civilizations without paying any money by using Google Art & Culture, books, newspapers, movies, websites, and so on All of these items vividly depict the culture of many different locations 4.2.2.5 Apply translation process If your starting point is not good, your language capacity is not high, but if you follow the right process, you will develop your skills To illustrate, consider a runner who does not have the ability to have both endurance and speed from the start They will, however, eventually become acclimated to it and enhance their ability to compete with other players if they follow a training program The same is true for other things, including translation Even if translators are not very skilled at the beginning, following a suitable translation process will significantly increase their talents The first step (pre-translation) is document analysis At this stage, the translator should read the entire material as carefully as possible in order to translate more exactly Reading also helps the translator understand the nature of the material, the language, and other variables This step is especially important in the legal profession, where translations may require additional resources to manage, such as looking for terminology, legal processes, or document formats The next step is to translate The translator can utilize translation tools to get the initial translation, but beyond that, the translator must rely on his or her ability and understanding to read and check the results Correct misspelled terms, evaluate context, revise phrases to make them more logical and natural, and break sentences (if necessary) The final step is proofreading Translators should compare the translation to the original to check for inconsistencies, capitalization, punctuation, typing, spelling, and other issues The translator should specifically assess if the result truly sounds natural and seamless in the TL After completing the preceding three procedures, the translator may request a final 47 review from an expert or someone else with expertise, because four eyes are better than two All these three steps had better be fulfilled to achieve a high-quality final translated result 4.2.2.6 Solutions for equivalent words There are numerous legal terms that exist in one legal system but not in another, so how we deal with the issue of equivalent terminology? Let's divide it into three major categories The first category includes words with equivalent meanings that accurately describe the meaning of that word It is considered the easiest case because there is a concept that exists in both legal systems In that case, the translator only needs to use the right term The second group: due to differences in spiritual and legal systems, it is not easy to locate equivalent terminology, therefore translators can search for alternative words that have similar meanings or have legal concepts close to that phrase The last group: no corresponding word exists in the target legal system In such cases, the translator should use a lengthier phrase and add a few details or explain where necessary to ensure that the term is translated with a more complete meaning Also, the translator can borrow that English word and leave a footnote for better comprehension 4.3 Findings and recommendations - Text translation between two similar systems and two different ones: Legal documents are easier to translate between two comparable legal systems (Viet Nam and Germany) than between two distinctive legal systems (Viet Nam and the United Kingdom) Because the concepts and principles of two identical systems are similar, it is straightforward to find equivalent terminology However, if the legal systems differ, the interpretation of the law will be significantly distinct, and there will be terms that not even exist in Vietnamese law In such a case, we can borrow that term or use lengthier sentences to clarify the meaning, preserving the spirit of the word 48 - Qualifications and skills required in legal translation: Aside from expert or near-native proficiency in a foreign language, translators must also be well-versed in legislation and legal systems Understanding numerous sorts of lawsuits, proceedings, and other legal paperwork is required In addition, translators should endeavor to master a specific field of law, such as civil or criminal law If you merely possess a background in a language but no legal expertise, you should learn more about the law before attempting to translate Furthermore, a legal translator must have great writing skills as well as a large legal vocabulary After all, carefulness is a must for every legal translator - The difficulties described in Chapter of this thesis are extremely core problems: translators should read carefully and avoid making the above faults, as well as find solutions to improve both the quality and technical skills - The technique of translation used by professionals and beginners: Beginners or amateur translators tend to focus on vocabulary, employing the literary technique and simply replacing a term from the SL with another word has an equivalent meaning in the TL They rarely consider cultural aspects, context, and the legal system, thus the translation can be hard to understand, and has numerous errors Furthermore, the majority of them will use translation tools or search the internet for assistance and information In other words, they mainly rely on their knowledge of the language to translate Experts, on the other hand, focus on the material being translated, recognizing and evaluating its meaning, nature, context, language, and intertextuality, and extracting as much information as possible As noted by Jääskeläinen (1996), it was revealed that the translators of poor translations depend more on language skills, whereas the authors of successful translations rely more on broad knowledge Indeed, when translating, they rely on their understanding of the world, laws, and languages It is not only about precisely translating meaning but also to translate the “soul” of the text - The problems of translation tools: Today, most students utilize a bilingual dictionary to search for terms since it is simple and allows them to know the meaning right away They mostly skim and are just interested in the term needs to look up, they not have the habit 49 of reading over and over again and attempting to guess the meaning of each unique circumstance Usually, they just recall the meaning that comes first and that meaning also sticks in their head For instance, when encountering a familiar term, such as “damages”, the familiar meaning that quickly comes to mind is “phá hủy” and they employ that meaning without questioning if it has any other meaning, while actually, it means “tiền bồi thường” in the legal sector As a result, using bilingual dictionaries is not always effective, particularly when translating polysemy words Because the meaning of these words is not stable but fluctuates depending on the context, many students are now still accustomed to using only one meaning In summary, the dictionary only offers linguistic meaning, not meaning in any specific situation, therefore make sure to double-check the meaning in every situation In addition, a monolingual dictionary should be used instead of a bilingual dictionary since it delivers the most accurate and complete meaning Translators can, however, employ bilingual dictionaries for extra meaning and suggestions 4.4 Tips for translation legal terms Before attempting to translate a document, read it thoroughly to learn more about it (the context, culture, terms, and also a judgment of syntactic and semantics) According to Ronald H Bathgate (1983), the translation process consists of seven phases, the first of which is reading and extracting as much information about the content and context as feasible To comprehend the meaning of the words, use literal translation first, and then look for an appropriate equivalent in the TL Translators can save time and reference more by using translation tools such as Google Translate, Trados, and CAT tools Google to determine if it is often used or recognized in English legal texts If the term is well-known, determine the best appropriate meaning in that context, otherwise, Google will offer some articles or cases that contain that word, the translator had better study the relevant cases to find out the true definition of that term Dania Idlibi (2018) demonstrates the significance of context, concluding that context could be defined as all that influences the meaning and appropriateness of speech, as well 50 as semantic and grammatical understanding As a result, it is a must to understand the context where the term is employed As suggsted by Morad Yasin Alrefo and Raed Faqir (2014), if the translators are unable to find any equivalent words, then - They shall search for words that have near-meaning to that term (if any) - If no corresponding words exist in the Vietnamese legal system, borrow those English words and then use description techniques to add extra information by use of footnotes, endnotes, and other detailed clarifications as supplementary information Or making up novel terms in the TL and utilizing them consistently to define them The reader may not grasp what it means when it appears the first time, but if they see them frequently in the same manner, they can sense their meaning Create a glossary for yourself that is both useful for expanding your vocabulary and easier to look for meaning Do not forget to proofread and double-check the translation 51 CHAPTER 5: CONCLUSION 5.1 Conclusion Legal translation is never a simple task, and it even becomes considerably harder and more complicated when it requires the translator not only to be fluent in the language but also to possess extensive legal knowledge As a result, translators must equip themselves with knowledge, skills, and experience to effectively handle these texts The translator should not be subjective and assume he or she has enough understanding, but rather continually study, develop, and update additional knowledge every day to increase translation abilities and translation quality Whenever translating a term, the translator must carefully analyze extrinsic elements such as context, grammar, and cultural aspects to find the most correct meaning of a phrase Because the truth is that word meanings are not fixed but fluctuate in different settings, that's why the author's vigilance and comprehension are required in all situations Especially, translators should be aware of variations in legal systems since there will be terminology that does not exist in the TL In such circumstances, translators must use their expertise to provide the most accurate message Moreover, translators should not overuse literal translation methods, because legal terms will have significantly different meanings than those typically used in everyday life Therefore, translators should utilize suitable translation methods like the description method based on the context to guarantee that the author's thoughts are adequately expressed During the translation process, translators inevitably confront several challenges, which may be caused by the legal terminology itself or by external causes, resulting in a large number of persons seeking assistance from translation tools and relying too much on them However, they had better be utilized cautiously and just for reference and further study In summary, this thesis focuses on the difficulties that translators, particularly beginner translators confront, as well as suggests some potential solutions to make the translation process more accurate and convenient 52 5.2 Limitations of the study Although I have invested a lot of time and effort into this thesis, it must be said that the course of study still has several constraints that have not been satisfied First, the time limitation prevents actual surveys from being conducted Because this is a complex issue, everything must be thoroughly prepared, and take an extended period to come up with an exact outcome Therefore I cannot carry out a real survey to provide a convincing number, however, to give extremely dependable information, I made an effort to select the most authentic and precise facts Aside from the most common issues outlined in the thesis, many more factors have yet to be uncovered Furthermore, some topics must be examined in greater depth and detail to comprehend the nature and cause of troubles These are cultural, historical, legal documents, and legal system elements 5.3 Further studies In addition to useful tips and strategies for improving legal terminology translation, readers may go deeper and learn terminology in depth in a specific field of law, such as civil, criminal, or commercial, giving you an advantage in a certain area that will undoubtedly aid you in the future Besides, to get better translation equivalent terms, translators may learn more about Latin terminology by reading books, or they can study more and check for recommendations on how to borrow words effectively Furthermore, to assure the style of legal papers, readers can go further into various sorts of documents, forms, and styles to retain the substance of the text In conclusion, readers may choose to learn to get to know more about legally related topics in general and terminology in specific, based on their requirements and intentions Because each matter will assist and increase your comprehension in some way 53 REFERENCE Ababneh, I (2019) Errors in Arabic-English Translation among Saudi Students: Comparative Study between Two Groups of Students AWEJ for Translation & Literary Studies, 3(4) https://doi.org/10.24093/awejtls/vol3no4.10 Anil Yadav (2023) English Language Statistics Retrieved March 1, 2023 from https://lemongrad.com/english-languagestatistics/#:~:text=2.-,How%20many%20people%20speak%20English%20natively %3F,English%20as%20their%20second%20language) Arditi, J (1994) Geertz, Kuhn and the Idea of a Cultural Paradigm Brit J Sociology, (1994), at 614, in Legrand Bajcˇic´ M (2010) Challenges of translating EU terminology In: Gotti M, Williams C (eds) Legal discourse across languages and cultures Peter Lang, Bern, pp 75–94 Cosmai, D (2014) The Language of Europe Multilingualism and Translation in the EU Institutions: Practice, Problems and Perspectives Université de Bruxelles Brussels Danet B (1984), Studies Legal Discourse Cambridge University Express Dania Idlibi (2018) The importance of context in translation: A study of some selected English and Arabic terms and concepts Retrieved May 13, 2023 from https://www.academia.edu/39167511/The_importance_of_context_in_translation_ A_study_of_some_selected_English_and_Arabic_terms_and_concepts Duraner, J (2012) Problematizing the use of parallel texts in legal translation training İstanbul Üniversitesi Çeviribilim Dergisi , (6) , 135-160 https://dergipark.org.tr/en/pub/iuceviri/issue/1234/14491 Duraner, J E (2014, August 27) Problematizing the use of parallel texts in legal translation training.I.U Journal of Translation Studies İstanbul Üniversitesi Çeviribilim Dergisi, 3(6), 135-160 10 Gutteridge, H.C (1938) The Comparative Aspects of Legal Terminology Tulane Law Review 12, (1938), at 401 11 Hargitt, S (2013) What could be gained in translation: Legal language and lawyerlinguists a globalized world Indiana Journal of Global Legal Studies, 20(1), 425447.https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1509&co ntext=ijgls 12 Harvey, Malcolm 2002 What’s so special about legal translation? Meta, 47(2), 177185 https://www.erudit.org/fr/revues/meta/2002-v47-n2-meta692/008007ar.pdf 13 Hatim dan Munday (2004:6) Translation, An Advanced Resource Book London: Routledge https://doi.org/10.1075/btl.4 14 Jääskeläinen, R (1996) Hard work will bear beautiful fruit A comparison of two think-aloud protocol studies Meta, 41 (1), 60-74 15 Jabak, O., Abdullah, S., & Mustapha, N (2016) The difficulty of translating collocations from Arabic into English encountered by a sample of Arab students Journal of Sultan Alauddin Sulaiman Shah, 3(1), 266-275 https://doi.org/10.2139/ssrn.3442474 16 Jeanpierre, Eric (2011) The pitfalls of legal translations between legal systems from two different legal families: a focus on translations of French legal material into English Lapland Law Review, 1(1), pp 144-164 17 Karjo, C H (2015) Problems in translating legal text in Indonesian Arab World English Journal, 6(2), 352-364 18 Kelly, D (2005) A Handbook for Translator Trainers Manchester: St Jerome 19 Khaydarova, U (2019) Specific peculiarities of translation in legal documents Journal of Legal Studies and Research, 5(5), 157-165 20 Larson, M.L (1984) Meaning-Based Translation: A Guide to Cross-Language Equivalent 21 Lörscher, W (2005) The translation process: Methods and problems of its investigation Meta, 50 (2), 597-608 22 Mahmoud Ordudari (2007) Translation procedures, strategies and methods 11(3) 23 Margono (1999) Essential of Theory and Practice of Translation 24 Mariam Mansuryan Why translating literature is sometimes impossible? 25 Morad Yasin Alrefo and Raed Faqir (2014) Comparative Law and Legal Translation Proceedings of INTCESS14-International Conference on Education and Social Sciences, 137-145 26 Mühlhäusler, P., Dutton, T E., Hovdhaugen, E., Williams, J., & Wurm, S A (1996) Precolonial patterns of intercultural communication in the Pacific Islands Mouton de Gruyter 27 Newmark (1988) A Textbook of Translation Hertfordshire: Prentice Hall International 28 Nida, Eugene A and Charles R Taber (1982) The Theory and Practice of Translation Leiden: E.J Brill 29 Ronald H Bathgate (1983) Retrived May 20, 2023 from https://staffnew.uny.ac.id/upload/197804302008122001/pendidikan/step-steptranslation-new.pdf 30 Sammut, I (2021) Legal Translations: The Translation of EU Law into the Maltese Language - Quo Vadis? In The Implementation and Enforcement of European Union Law in Small Member States (pp 113-133) Palgrave Macmillan, Cham https://doi.org/10.1007/978-3-030-66115-1_5 31 Sarcevic, S (1997): New Approach to Legal Translation, The Hague/London/Boston, Kluwer Law International 32 Statistics and Data (2023) The Most Spoken Languages 2023 Retrieved March 1, 2023, from https://statisticsanddata.org/data/the-most-spoken-languages-2023/ 33 Toury, G (1995) Descriptive Translation Studies and Beyond Benjamins, Amsterdam, Philadelphia 34 Veretina-Chiriac (2012) Characteristics and features of legal English vocabulary Retrieved March 25, 2023, from https://humanities.studiamsu.md/wp- content/uploads/2022/01/20.-p.103-107.pdf 35 Đỗ Lan Anh (2018) Vai trò từ điển dịch thuật 36 Uyên, T P., Vân, C T., & Ngân, H T (2016, April 15) Nguyen Phuoc Vinh Co Retrieved May 25, 2022, from Nguyen Phuoc Vinh Co