‘n Verkenning van regsvertaling as ‘n “spesiale geval”

  • E Cornelius
Keywords: legal texts, legal translator, translation model, translation strategy, text analysis, creativity, cognitive structuring, legal force, legal effect, legal intent, legal validity

Abstract

Legal translation is a complex activity which has to date received little attention in South Africa, despite the increasing demand for well-trained legal translators. This article explores the field of legal translation by considering its position in terms of different theoretical models of translation. The relation between (legal) text type and translation strategy is also investigated. In legal translation, the main focus is on two important notions, namely legal force and legal equivalence. As a consequence, any theory of legal translation must take into account the importance of these concepts. In this regard, legal translation may be regarded as a special case, which cannot be dealt with in general theories of translation. In addition, this article focuses on the problems translation students experience with the unique and distinctive characteristics of legal language, and their inability to approach the translation task methodically and systematically. In the latter part of the article, a teaching method is proposed and demonstrated, whereby the cognitive structure of a legal text is simplified. It is suggested that this method of text analysis is a useful tool in the training of legal translators.

Keywords: legal texts; legal translator; translation model; translation strategy; text analysis; creativity; cognitive structuring; legal force; legal effect; legal intent; legal validity

Sleutelbegrippe: regstekste; regsvertaler; vertaalmodel; vertaalstrategie; teksontleding; kreatiwiteit; kognitiewe strukturering; regskrag; regsuitwerking; regsintensie; regsgeldigheid

The article is in Afrikaans.

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eISSN: 0259-9570