法律英语的语言特点及翻译研究.docx

文内容
中文题目: 法律英语的语言特点及翻译研究
英文题目: On the Language Characteristics and Translation Studies of Legal English
Contents
Abstract(in Chinese) ………………………I
Abstract(in Englihs) ………………………II
I. Introduction ………………………1
II. The Vocabulary of Law English ………………………3
2.1 The origin of word ………………………3
2.1.1 Latin ………………………3
2.1.2 French ………………………3
2.1.3 Archaism ………………………4
2.2 Technical terms ………………………4
2.3 Formal big lengthy words ………………………5
2.4 Modal verbs “shall” ………………………6
III. The Syntax of Legal English ………………………7
3.1 The basic sentence patterns of law English ………………………7
3.2 Long and difficult sentence of law English ………………………7
3.3Active voice and passive voice of legal English ………………………8
IV. Translation Studies of Legal English ………………………10
4.1 Principle of legal English translation ………………………10
4.1.1 Faithfulness ………………………10
4.1.2 Expressiveness. ………………………10
4.1.3 Closeness ………………………11
4.2 Translation studies of vocabulary ………………………12
4.2.1 Translation studies of original word ………………………12
4.2.2 Translation studies of technical terms ………………………12
4.2.3 Translation studies of formal big lengthy words. ………………………13
4.2.4 Translation of modal verbs “shall” ………………………13
4.3 Translation studies of syntax ………………………14
4.3.1 Translation studies of basic sentence ………………………14
4.3.2 Translation studies of long and difficult sentence. ………………………15
4.3.3 Translation studies of passive voice ………………………16
V. Conclusion ………………………17
References ………………………19
Acknowledgements ………………………20
摘要
本文是一篇关于法律英语的语言特点及翻译研究的论文。本文采用资料分析作为研究方法。法律英语作为一种应用型语言学，有其特有的语言特点，在翻译研究方面则更加注重逻辑关系及句子本意，不可过度引申。在翻译中句子应和文本紧密相连故而论文主要从词汇和句法的特点及其相对应的法律英语的翻译进行研究。论文第一章文章是引文部分。第二章将对词汇进行分析，从词源即外来词，古英语的特点，到法律术语和正式的长且大的词及情态动词“shall”进行研究。第三章从句子进行探讨分析，句子部分主要是分析基本句型即陈述句，长难句，和被动语态的语言特点分析。第四章在简要讲述法律英语翻译原则后主要针对文章二三章内容进行翻译研究。最后对本研究进行归纳总结，提出不足及改进之处。
关键词：语言特点；翻译研究；法律
Abstract
This paper about the language characteristics and the translation of legal English. This paper adopts data analysis method. Legal English have it’s unique expression pattern and specification. It was formed in long-term development juridical practice. With a hope that after research and discussion of language characteristics and translation of legal English, it is helpful for the further comprehension in legal English. Because legal English is a practical language, there are more underlined logical relationships. This paper underlines the characteristics and translation. In the process of translation, words should closely related to sentence and text. Therefore, the first chapter will analyze borrowed words, old and middle English and synonyms. The third chapter will discuss basic sentence, long and difficult sentence, modal verbs and passive voices. Fourth chapter mainly discusses legal English translation. Finally, a summary of the core view of the study and the insufficiency of the paper will be presented.
Key Words: Language characteristics; Translation study; Law
On The Language Characteristics and Translation Studies of Legal English
I. Introduction
With the implementation of reform and opening up to the outside world policy and the increasing of economic globalization, China’s cooperation with other countries and international organization are becoming increasingly closed in dealing with international legal affairs. In order to effectively take part in the international political and economic activities, the requirements of the study of legal English is extremely urgent. Western countries have full-fledged judicial system which have experienced long-term practice. Therefore, it is crucial that scholars should research and analyze the characteristics of legal English and translation. All of those cannot stay away from the translation of laws. To some degree, the quality of translation of law English is directly related to those countries which are building the law system.
Law reflects only the will of a ruling class. On account of the environmental restriction of geographical conditions, there are different conventions from ideology and culture. It is not only the expression in the area of cultures but also the expression from all walks of life. Although many scholars have researched and analyzed the literature of western countries, there are few studies in legal English. Due to the lack of the study of this kind, this paper will research the language characteristics and translation, wishing to assist the practitioner connect with laws or their works are relevant to law.
The economic basis decides the superstructure. The content of law is determined by the living conditions. In the Third Plenary Session of the 11th Central Committee of the Chinese Communist Party, the government of China have determined to shift the model of development. This conference has decided to implement the policy of socialist modernization construction. Because the carrying out of modernization construction in China is much later than western countries, the differences in terms of social institution and laws are quite different. For instance, western people emphasis on the inviolability private property, however, social public property is sacredand inviolable in China.
This paper mainly studies the language characteristics and translation in the following three parts. Chapter two mainly studies the characteristics of legal words from four aspects. First is the origin of word which includes the Archaism, Latin and French. Second is the technical terms. Third is formal big lengthy words. Fourth is modal verbs “shall”. Chapter three mainly studies the characteristics of declarative sentence, active and passive voice, long and difficult sentence. Chapter four first discusses the principle of translation. The second part of this chapter discusses the translation of word which has been discussed in chapter two. The third part of chapter four analyzes the translation of syntax which has been discussed in chapter three.
II. The Vocabulary of Law English
It is indispensable that legal English words can be understood in accurately and precisely in a paragraph or a legal text. Therefore, this chapter mainly studies vocabulary. First quarter primarily introduces the origin words which include in Archaisms, Latin and French. Second quarter principally discusses technical terms of law. Third quarter mainly studies formal big lengthy words. Fourth quarter will mainly research modal verbs “shall”. The enrich of legal English words and phrases should ascribe to the Archaism, Latin, French. Technical terms and formal big lengthy words make legal English text more solemn and preciseness. Modal verbs “shall” primarily apply to stipulate obligations.
2.1 The origin of word
In the long development history of English language, it assimilates lots of other words which are from different languages such as Latin, French, Italian and German. They are important components in English language respectively. The archaisms refer to the English used by British during 450-1500BC. Conclusion can be made that the first characteristics of legal English vocabulary are words from three different sources.
2.1.1 Latin
Latin, as one of the important original vocabulary components in English, due to its special in form and meaning, is widely used in legal English. Latin usually used to indicate or refer to the legal notions directly, compactly and precisely. It uses few words to express the complex meaning, thus it is too difficult to understand. Latin is brevity. For instance, nudum pactum, means contract without compensation, or naked cong. From the prospect of meaning, the intention of a clause can be expressed accurately and precisely. Latin has the feature of leakproofness. Latin words or phrases in form is sacred, in meanings is rigorous. It was called dead language. Thus, in legal provisions its meanings and forms were immobilize. Latin applied in law makes the legal provisions more scholastic, formal and profound.
2.1.2 French
After the Norman Conquest, the influence of French on English is more and more significant. In 1066 the Duke of Normandy invaded Britain and finally controlled the whole country, then French was popular in Britain. In a long period of time, the British governmental officials and the population who were noble use French.
One of the traits of legal English is its plentiful borrowing from other languages. The drafters of law and lawyers would like to use Latin and French because these words are abundant with mysterious. It can strengthen the authoritativeness of the law. In legal activities, layers use borrowing words in legal activities would be considered that he was master of a crucial skill. In the preface of the Law Dictionary has said; “ the special language of law remains a barrier to non-lawyers. To the extent that this promotes the economic health of the profession, maintain its aura, and prevent unauthorized practice of the law, it may be regarded as a virtue. ” (Gifis 2)
Due to various reasons, words from Latin and French are regarded as more effective in producing the formality and authoritativeness of legal English. In contrast, common usually carry the identical meaning, it does not possess the formal and authoritative function.
2.1.3 Archaism
When a law document uses archaism, it indicates that document highlights the sequential order and causal relationship. The basic spirit of law is to distinguish the truth and pondering what is on-pitch and off. So in legal provision people use Old English and Middle English to bring about a more logical statement. It also conform to request of law English in preciseness. Because there is inheritance and authority in law English, it cannot change totally in current law English articles. Archaisms are seldom used in daily life, therefore, lawyers and law drafters need to master the correct meanings. Only in this way can exactly understand and used it in daily life and study. The law articles possess not only the features of official, solemnity, specification, preciseness but also the features of holiness and authority. Just because of this, modern law English rigidly adhere to past practices and conventions.
As one of the important sources of English legal glossary, archaisms aggrandize the color of majesty and concinnity to the legal writing and also regenerate an antique artistic aura to the legal sentence. The archaisms apply appropriately in legal English achieve the intensive sentence structure, the accuracy sentence meaning, and the good writing style. Some scholars consider archaisms as a sign of legal words.
2.2 Technical terms
In the domain of glossaries, technicality is powerfully pronounced. The formality of legal English is chiefly accomplished by the employ of technical terms. Any word pertains to terms of art if it is a technical word with a particular meaning.
The following are a little technical terms that are of most regular use in legal English：alias summons, comparative negligence, contributory negligence, defendant eminent domain, libellant, mandamus.
From the above examples, a conclusion can be made that terms of legal English prevailingly compose of loan-words and a number of other formal words. The meaning of technical terms possess prominent expertise in legal English. It is frequently used. Technical terms have the most obvious features in legal English provisions. Technical terms just applied to the legislative style, thus people can easily distinguish it from various style. Each technical term only exists in one meaning. For instance, the technical term “negligence” is more comprehensive than “by mistake”, although in common English they possess the same meanings. The meaning of terms are immobilization and singleness.
2.3 Formal big lengthy words
Because law documents are frequently concerned with incidents connected to serious themes and values. They generally take place in written form represented in formal connotation, which is another prominent lexical traits of legal English. Legal English excludes vulgar language in the roads and driveways, and uncourteous words are not allowed in it. Some people recommend, very often, some major terms or formal words are employed in legal English to make the modality and style grave and majestic.(使形式和风格grave 和 majestic)
For instance, in legal English, the word “因为” is “by virtue of” take place of “owing to”, and ordinary “because of” is rarely used; when “开始” is expect to express, “commence” is frequently used, take place of “start” or “begin”, in contract English, “何时开会并由谁主持” utilizes the modality of “The meeting shall be convened and presided by somebody”, in which , “召开” is interpreted as “convene” in place of “hold” or “call”, and “主持” is not interpreted as “chair” or “be in charge of”, but is interpreted as “preside” etc.
Formal language is one of the obvious peculiarities of legal English. It figures that legal English is a special opportunity, entirely diverse from ordinary discourse.
2.4 Modal verbs “shall”
The frequent employment of modal verbs is another traits of legal English provisions. The modal verbs “shall” has the role of signal that the provisions in which it occurs is legal, which may assist to explicate its universality in legal English language. Growing legal workers concurs that the application of modal verbs “shall” has became a symbol of legal authority.
In Longman Dictionary, the fifth usage of “shall” written “used in official documents to show a law, command or promise, etc”. As a legal English glossary, “shall” does indicate the stipulations and obligations. In various regulations, “shall” is one of the most frequently used words, and shows the strongest imperative mood. It is even stronger than other modal verbs such as “must”, “should”, “ought to”. “Shall” is well known that one of the basic tasks of a legal documents is to make compulsory stipulations.
Shall is strictly confined to the granting of obligations and sanctions. It is different in daily use of emotional feelings. Modal verbs should be applied if one is intending to convey modality.
III. The Syntax of Legal English
A complex interplay between syntax and semantics in legal English is a challenge for people who first study legal English no matter in practice or translation. In legal English the main value of norm is to grant the power and right, therefore, the declarative sentence are largely used. Long sentence of legal English aims to emphasis on the logical relationship. Passive voice used in article of law to stipulate obligations and confer rights. This part will mainly retell above-mentioned 3 parts from the prospect of linguistics characteristics and translation studies.
3.1 The basic sentence patterns of law English
Due to the difference of purpose, declarative sentence, interrogative sentence, imperative sentence, and exclamatory sentence make up to the basic sentence patterns of legal English. The declarative sentence is the basic pattern of legal English. People kn