New Journal: Language and Law / Linguagem e Direito

I’m posting this introduction by Malcolm Coulthard and Rui Sousa-Silva to a new journal. I haven’t read much of the first online edition myself yet.

We are delighted to announce the first issue of a new international bilingual bi-annual journal – Language and Law – Linguagem e Direito. The journal is electronic and available for everyone to download at http://ler.letras.up.pt/site/default.aspx?qry=id05id1444id2666&sum=sim .

Because Language and Law has no printing costs it can be extremely flexible to individual author’s requirements: not only can it publish quickly all the high quality articles it receives, but also it can cope with long appendices, reproduce illustrations, photographs and tables in colour, and embed
sound files and hyperlink as necessary.

We chose the title Language and Law – Linguagem e Direito to indicate that we welcome articles across the whole spectrum of the discipline and from both practitioners and academic researchers. Thus, for example, this first issue includes contributions from a chief of police, a public prosecutor, a professional translator, a professional interpreter and two expert witnesses, as well as from academic lawyers and linguists.

There is an article by Maria Lúcia Gomes and Denise Carneiro about Forensic Phonetics in Brazil, and one by Alison Johnson and David Wright about authorship analysis. Rui Sousa-Silva writes about plagiarism by translation. Liz Carter about deceptive responses in police interviews, Marcos Ribeiro and Cristiane Fuzer about honour crimes, Edilson Vitorelli about the language rights of indigenous Brazilians. Gail Stygall analyses incomprehensible Jury Instructions while Débora Figueiredo examines representations of the crime of rape in Brazilian legal texts.

We hope you will want to become a regular reader of the journal – to do so you simply need to send an email to llldjournal@gmail.com with the word ‘SUBSCRIBE’ in the Subject line. Then you will receive automatically a link to each new issue of the journal as soon as it is published.

We hope that you will also want to share your own research with the wider academic community through the pages of our journal. If you wish to do so, please read the notes on submitting an article available at: http://www.linguisticaforense.pt/llldjournal-en.html.

Linguistica Antverpiensia: Themes in translation studies

Trevor pointed this series out to me. I can completely missed it.

Linguistica Antverpiensia new series: Themes in translation studies

In particular, an issue in 2013 on legal translation:

No 12 (2013)
Research models and methods in legal translation

I will be coming back to this. This looks promising:

Exploring near-synonymous terms in legal language. A corpus-based, phraseological perspective
Stanislaw Gozdz-Roszkowski

Abstract

This paper aims to determine the extent to which a corpus-based, phraseological approach can be effectively applied to discriminate among near-synonymous, semantically-related terms which often prove troublesome when translating legal texts. Based on a substantial multi-genre corpus of American legal texts, this study examines the collocational patterns of four legal terms ‘breach’, ‘contravention’, ‘infringement’ and ‘violation’, first in the genre of contracts and then in the multi-genre context of the entire corpus. The findings highlight the area of overlap as well as specificity in the usage of these terms. While collocational constraints can be argued to play an important disambiguating role in the semantic and functional analysis of both source and target text items carried out by translators prior to the interlingual translation, this study emphasizes the applicability of the phraseological approach to English source texts.

You can get the whole document as a PDF. I will return to it in a separate entry.

These struck me too:

Die notarielle Urkunde im italienisch-deutschen Vergleich: Überlegungen zur Übersetzung von Immobilienkaufverträgen
Eva Wiesmann

Abstract

Notarial documents have some translation-relevant particularities which are strongly associated with the legal culture of the respective country. They are subject to competing influential factors – among others laws and administrative provisions, the facts of the case, form books, notary offices, and the recipient of the document – which determine the content, the specific structure and the language of notarial documents. In addition to the basic parameters of translation, translators should know and tackle the common features and the differences between the notarial documents of the countries concerned in order to produce a professional translation. This paper examines the most important common features and differences between Italian and German real estate sales contracts and presents the implications for translations from Italian into German against the background of the basic parameters of translation.

and

Investigating legal information in commercial websites: the Terms and conditions of use in different varieties of English
Federica Scarpa

Abstract

The Terms and conditions of use which are embedded in commercial websites provide a standardised legal model based in common law which exemplifies the increasingly influential role that English plays in international and intercultural commercial and legal settings, but also how deeply rooted legal knowledge is in socio-cultural values and national cultures. Using a small monolingual corpus of Terms and conditions of use drafted in English and embedded in the commercial websites from different countries of origin and legislations based both on common law and civil law, the paper investigates the extent to which different layout/content and language features are displayed by: (1) ELF Terms and conditions translated from different languages/legislations, and (2) ENL non-translated Terms and conditions drafted in different ‘core’ varieties of English. The aim is to show that the English intralingual variation of this highly structured and conventionalised legal format reflects in fact the existing disparities in legal practice among various national legislations, even among systems belonging to the common law family. International legal models such as the one investigated should consequently be considered as “globally-relevant STs” (Adab, 1998, p. 224), i.e. flexible text formats that have been adopted by most countries but at the same time allow for local socio-cultural aspects to influence the construction of legal discourse.

Book on German corporate law

Schulz/Wasmeier: The Law of Business Organizations. A Concise Overview of German Corporate Law. Springer Verlag 2012

Look Inside at amazon.

I haven’t read much of this book, but mainly the first chapter, which covers the background on conducting business in Germany, German business law, and German insolvency law. The other chapters deal with AG, GmbH, corporate acquisitions and cross-border corporate activities. At the back are ‘convenience translations’ of extracts from statutes, articles of association of a GmbH and so on.

The introduction of a large amount of terminology, with the original German in brackets, looks very sound. The text occasionally has a slight German feel to it (discussing the advantages and disadvantages of ‘the Ltd.’ rather than ‘the limited company’, for example, or promising in the preface ‘to make German law comprehensive for a foreign reader’; heavy use of ‘so-called’), but the terminology introduced strikes me as excellent.

It looks as if Professor Schulz was the main mover and shaker and Oliver Wasmeier, now Dr. Oliver Wasmeier, was a trainee doing a stage of his training as ‘a legal clerk at the lower district court of Freiburg im Breisgau’, whatever that means (Amtsgericht?). The main body of the book looks sounder to me.

I could have done without the familiar German textbook tactic of introducing each chapter with a ‘Case Study’, which is virtually universal in university books. For instance:

Case Study
A-Corporation (A) is incorporated in the state of Delaware, USA, with its headquarters in Wilmington …John B. (B), the CEO of A, is interested in Germany in particular …B calls Peter C. (C), head of A’s legal department, to ask him to prepare a memorandum …

I suppose these case studies are intended to help the student see the law in practical terms, but students should be able to do that on their own! So I don’t know who the audience is – the preface refers to ‘business practitioners and international students’, but whether those would expect case studies I don’t know.

But this isn’t meant to be a negative review. A few years ago there was a rash of books in English on German law, but that seems to have died down, and I thought this was a good candidate for those considering how to translate terminology in context.

Estate agents’ photos

Here’s a book that hasn’t yet been published, but the examples look promising:

Terrible Estate Agent Photos by Andy Donaldson.

Some nice captions too:

‘After days of waiting this agent’s patience is finally rewarded. Weak with thirst, a pair of wild mattresses appear at the watering hole.’

I wouldn’t have seen they were mattresses on a quick look.

There is also a blog called Terrible real estate agent photographs
. It is apparently the predecessor of the book.

Books for translators

The Danish study I discussed in the last post mentioned one book written by translators: Found in Translation. How Language Shapes our Lives and Transforms the World (Kelly & Zetzsche 2012). The purpose of that book is to inform non-translators about the importance of translation and interpreting.

A book I have mentioned (with extracts) in the past is The Prosperous Translator, by Eugene Seidel and Chris Durban. That would be very useful for people starting out as translators.

Another recent book worth considering is 101 Things a Translator Needs to Know, by the WLF Think Tank. Here’s the book’s website, where you can find all about the book and the co-authors.

WLF Think Tank is an ad hoc organisation, a virtual body of experienced practising translators that has met as the WordLink Forum at frequent intervals since 1995 to discuss the state of the profession. Its members include keynote speakers at translation conferences, teachers of translation and prominent exponents of the profession on three continents.

On the book:

101 Things a Translator Needs to Know is a book for beginners.
It’s also a book for seasoned professionals, students and teachers.
For freelancers and staff translators.
For amateurs and experts, generalists and super-specialists – be they certified and sworn, recognised, authorised or simply tantalised by translation’s potential for a varied and enriching career.
It’s a compilation of insights from a broad spectrum of successful translation professionals with some 500 years of collective experience in fields ranging from highly technical to literary. No gripes, no grouses, just a selection of insights into what translation involves and practical tips about how a professional translator needs to think, work and act when dealing with clients and colleagues.

Although this isn’t a book by bloggers, it would probably be unthinkable without the internet. Surely some of the contributors have met each other at conferences over the years, but they and others are familiar to me from translators’ mailing lists, which are good sources of information about the profession (and were probably even better sources when they were a new idea).

Translator stars and heroes: a Danish study of translators’ weblogs

Helle V. Dam has written an article on translators’ weblogs. It appeared in a collection in 2013 – the whole 20-page article can be found as a PDF online: The Translator Approach in Translation Studies – reflections based on a study of translators’ weblogs. . It’s part of a number of research projects in translation studies that are focused on the translator and possibly to be called ‘translator studies’.

I saw it on Richard Schneider’s blog at uepo.de: Selbstbeweihräucherung oder PR für die Übersetzerbranche? (German article with several extracts from the article, in English).

The study is based on the front pages of 20 weblogs on 8 October 2012, including the translators’ self-presentations where present.

The 20 weblogs studied are ‘drawn from the blog trekker page of the American Translators Association’ on 8 October 2012. Here is the blog trekker page at the date of this post. There are well over 100 blogs there – 168 on the day it was consulted for the study (not all translators’ blogs though – but why is Fucked Translation missing?), so the selection is not random. There’s quite an emphasis on self-promotion in the blogs, so one wonders whether the selection was made after the focus was chosen. Perhaps so. But since Transblawg, one of the first translation blogs, started in 2003 there has been a huge blooming of the translator weblog worlds, and self-promotion and promotion of other translators is certainly a feature that has often struck me. Here’s something on the choice of bloggers:

In the selection of respondents, every effort was made to ensure a sample of translators with a strong professional profile, thus presumably at the high end of the translatorstatus continuum.

Statements like the following seem based on the particular selection:

Translators blog, they blog extensively and enthusiastically, and as we shall see, they quite learly blog for empowerment. They also blog to boost their businesses (cf. Dam in progress), but the focus and aim of the present study is to investigate what blogging translators say to enhance their own and their profession’s status. … Applied to the present study, I assume that blogging translators contribute to changing (or perpetuating) existing perceptions of themselves and their profession – including their occupational status – by talking or writing about these issues in a certain way.

I wonder how far translator blogs can change the perceptions of translation – it depends on who reads the blogs.

There are paragraphs on income and pay rates, skills and expertise, and visibility/fame:

The translators in the sample, however, are clearly networkers and use their blogs to create an authentic community of blogging translators. They link to each other’s blogs, they comment on each other’s blog posts, they write guest posts on each other’s blogs, they share jokes, experiences and knowledge, and they also refer very explicitly to each other in their blog posts …

I won’t summarize the whole thing but I was particularly interested in the topic of self-promotion and the way translators create ‘translator heroes’.

The bloggers in the sample also mention and promote translators outside the blog community.
For example, in a report from an ATA conference, one blog author refers to a non-blogging translator as follows: “star translator and international speaker Chris Durban” (15, 3). This leads us to a different, but related, feature of the blogs: the construction of professional ‘stars’. … Not only do they emphasize the star qualities of some translators, such as the “star translator” Chris Durban in the above quote, they also cite interviews with translators whom they consider important and write glowing, obituary-like blog posts in which fellow translators are raised to stardom.

Dam mentions what is known as BIRGing (basking in reflected glory).

It does tend to irritate me that there are certain people and books that one feels a certain community of translators regards as sacrosanct so that criticism of them would appear petty and peevish. I’m not sure how far this kind of thing originates in American blogs – but not all the blogs in the sample are U.S. ones.

And then there are those blogs or sites that appear from nowhere offering a prize for the best language blog and inviting everyone to vote in order to increase their own traffic by buttering up translation bloggers.

The wider societal impact of translation is also often commented on. For example, several of the translators-cum-bloggers devote entire blog posts to describing a recently published book with the suggestive title Found in Translation. How Language Shapes our Lives and Transforms the World (Kelly & Zetzsche 2012). As one blogger says:

“It’s absolutely delightful that we finally have a mainstream book about our profession that’s accessible and interesting to those who are not in the profession. Ultimately, as a profession, we want the general public to know that what we do matters, and this book will leave little doubt that what we do matters a great deal.” (11, 2)

There is a final caveat, along the lines of the oozlum bird:

A discipline that studies its own practitioners is, however, neither very common nor unproblematic. Law scholars, for example, do not study lawyers but stick to studying the law. The reasons are obvious. By studying the law, legal scholars increase the body of knowledge in their discipline and thus enable its practitioners, and their own students, to become increasingly skilled and knowledgeable. Should translation scholars not be doing the same, studying translation (including translation tools, the development of translation competence, etc.) rather than translators? Are translation scholars not letting down translation students and practitioners if they study translators rather than increase the existing knowledge about translation? As we have seen, translators suffer from a low-skill image even as it is; if translation scholars do not focus on increasing the knowledge base of translation, they may in fact do more harm than good to the profession.

As for myself, my blog is not part of a blogging network, but I admit to wishing to appear knowledgeable about legal translation. I started it in 2003 after I had stopped teaching, and my original idea was to include a lot of the information I’d collected as a teacher of law and legal translation in a more permanent form than in a mailing list, together with trivial information about my life in Fürth. At the time when I started blogging, other translators often had more diary-like forms. Blogs vary from the ones analysed here. For instance, Richard Schneider’s blog I regard as a source of translation news rather than a record of the blogger’s own translation life. Or Martin Crellin’s German blog, False Friends, Good and Bad Translation discusses translation problems and errors.

Finally, here are the blogs referenced and links to them:

About Translation, by Riccardo Schiaffino
Catherine Translates, by Catherine Jan (author now an in-house copywriter)
Financial Translation Blog, by Miguel I. Llorens (author died in September 2012 but blog still there)
Musings from an overworked translator, by Jill R. Sommer
Naked Translations, by Céline Graciet
On Language and Translation, by Barabara Jungwirth
Patenttranslator’s Blog, by Steve Vitek
Thoughts On Translation, by Corinne McKay
Translate This, by Michael Wahlster
Translating is an Art, by Percy Balemans
Translation Times, by Judy and Dagmar jenner
Translation Tribulations, by Kevin Lossner
Translationista, by Susan Bernofsky (note change of address)
The Translator’s Teacup, by Rose Newell
Fidus Interpres, by Fabio Said (I htink this one is dead – was very prolific and has gone into book form)
The Greener Word, by Abigail Dahlberg (I fear this is dead – I liked it as a subject-specific translation blog)
The Interpreter Diaries, by Michelle Hof
Mox’s Blog, by Alejandro Moreno-Romos
Say What? by Alexander C. Totz (Apparently dead – author has started two non-translation blogs)
Words to good effect, by Marian Dougan