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Kruzhkova Y., Firsova Y.

Karaganda State University named after E.A. Buketov, Kazakhstan

Juridical vocabulary and peculiarities of its translation (based on the source of French language)

 

Problems in general translation field and particularly, in specific translation, have become important as a result of continuous international relations development. Rapidly-developing countries need qualified specialists who have necessary working skills in various spheres of human activity-such as policy, economy, culture and etc.  In our article we tried to consider some peculiarities of legal instruments translations to French language.

First of all, it is significant that one should distinguish potentially achievable equivalence, that means the highest possible content commonness of texts written in two different languages, commonness which is allowed because of the languages’ difference; and translating equivalence, - that is, practicable logical proximity of original text and its translation which is achieved by a translator in the translating process. Thus, translating equivalence limit is the highest possible (linguistic) level of the saving content of the original in translation; however in each separate case of the translation logical proximity to the original is achieved in a different level and by various means.

Differences in the foreign and the translated language systems, in peculiarities of creating texts in each of those languages can limit the possibility of the perfect content saving of the original in translation. That is why translating equivalence can be based on saving (and loss, agreeably) various elements of meaning contained in the original. Depending on which part of the content is reproduced to provide its equivalence, there are various levels (types) of equivalence. Translation can ensure interlanguage communication on any equivalence level.

Thus, any text fulfills some communicative functions: it informs about certain facts, expresses emotions, establishes connections among people, expects some reaction or actions from the receptor and etc.  Presence of such a purpose in the process of communication determines patterns of transmitted messages and their linguistic execution of the contact.

Translation of juridical texts has a long history; its background originates from antiquity. In modern globalization context droit (legal rights) is necessary for serving its crucial purpose. After The World War II the problems of the translation of juridical texts had been discussed and analyzed by theorists: legal experts, translators, linguists (Gerard-Rene de Groot, Maastricht, Rodolfo Sacco, Gerard Cornu, Pierre Lerrat, Emmanuel Didier, Jean-Claude Gémar). The linguists made the conclusion that - to achieve the absolute equivalent during the translation of a juridical text is impossible. Like any translation, the translation of the juridical texts presupposes the interrelation of linguistic and extralinguistic knowledge. However, during the examination of the lawyer's and translator's activity, it could be established that they have a common task – to find the meaning of expression. The law, like translation, - is the process of interpretation. For example, in order to understand the author's intention of juridical document, the lawyer has to know the correlation of the inner and real intention with what was proclaimed, like the translator, who analyzes what was said and the intention of the author. From the mentioned above, the linguists distinguish two theoretical postulates:

-               in the law, some people pay attention to the inner intention, and some to the proclaimed intention;

-               the theory of translation is based on the search of expression meaning, trying not to take into account the linguistic sign.

Studying the translation's phenomena, we often base on the certain linguistic analysis, which brings us to the impossibility to translate. The semantic fields of different languages are not the same: it is impossible to correlate one word in one language with its counterpart in the language of translation.

Ferdinand de Saussure expressed this postulate: it is necessary to note the impossibility of the linguistic sign in one language to occupy the same place, which the sign occupies, with the help of which it translates to the other language. The sense can be expressed by different means, depending on the language; the "expression" does not mean the same for different categories of readers [1]. E. Nida says: if we are not speaking about the communication in one language, it will never be absolute, because two people will never understand the word equally. That is why we should not search for the total equivalent between two languages [2].

The jurisprudence distinguishes two main categories of expression: those which belong to the legal sphere and those which study this sphere. So we can say that the law is the code of society laws, accepted by the social power. However, the law is also the discipline, which studies these norms. The terminology plays an important role in normative expressions and, vice versa, during the study of the sphere one can operate with the free speech.

If to follow the definition of the law as a code of norms, it is necessary to emphasize that its place is not the same in different types of societies. In fact, the law competes with other social systems – religion or cultural customs. The question that can be settled in the West with the help of law, in the Middle East will be settled by religion and in the Far East by culture. The practical result shows that in the process of inter-cultural transmission, which is done by an interpreter, the text changes its nature. For example, the extralegal written text in the Asian society is legal or having a temporary power in the West, while, institutionally, it belonged to the religion department. Reasoning from the thing, that the only right instrument is the language, the interpreter must choose competence, either literary or specialized interpreter, but not simultaneous. No matter, with what languages interpreter works, his main task is to avoid linguistic and cultural obstacles, taking into consideration the differences of the juridical systems of different countries. However there are such universals and interpretation is impossible without them. There are some sibling connections in the juridical systems of different countries, but every community trains to perfection some peculiar ones. As the result, some universal scientific rules for translation were not created and the specialized interpreter takes the responsibility to solve the problems, which happen while interpreting the juridical text.

Legal experts enrich the target language using analysis elements for solving the practical problems. Thus, many authors study the vocabulary of French language and note the co­existence of specialized words, juridical terms: antichrèse (mortgaging contract) and common vocabulary: faute (guilt). They also note that day-to-day use words, such as: taux (amount of tax) and plancher (hard ground), which become specialized after confluence into the compound word: taux-plancher (settled tax), enrich vocabulary and getting, sometimes, figurative sense. Lowers figure out that accepted turns and expressions are used, sometimes, in some literary forms and carry the same meaning in legislative documents. However, there is no insuperable linguistic and technical barrier in the interpreter system [3].

There are just simple rules in French doctrine, which lead the translator to the adequate interpretation: every time, when the special term may express the idea exactly, it is used in translation, and vise versa, if the pronouncement clarity is reached with the help of colloquial vocabulary, it becomes common.

These facts force the scientists to investigate peculiarities of the juridical communication profound. It is significant, that the interpreter of juridical documentation has to realize the legal author's competence, as long as the discrepancy risk between speaker intension and spoken speech is inevitable.

It is necessary to take into consideration the forms of statement choice. Philosophers and linguists of right differentiate greatly the language of legislator, judge and advocate, in spite of the fact that all of them use the same concepts and vocabulary. Many authors point out that the variableness of expression forms in law, reminds literature language diversity: there can be found both monologues and dialogues in the juridical texts. Evidently, those who fulfil translation of the juridical texts consciously use various methods of translation.

    From lexical point the language of law sets a number of difficult tasks before the translator. Nomenclature of law is distinguished by its vague nature, which occurs, according Jean-Claude Gémar, because of the indistinct nature of its concepts. Let us take as an example the term droit (law). Definitions of this term vary in different dictionaries. Meanwhile precisely this term is the key one in the juridical field [4].  

     Law terminology is characterized by its vast polisemy. This phenomenon appeared in the juridical language by historical reasons, in the course of development of law at different epochs of human history, in the course of appearance of social institutions and personalities who furthered to its change and replenishment. Law reflects the need of society in time, so meanings of the terms may vary according to different epochs and contexts. Language of law, being social phenomenon, was influenced by the remarkable events which occurred at definite period of history.

     Language of law is an ancient language which inherited terminology from such languages as Latin and Greek. Latin expressions and terms, for example, are essential part of law. The French juridical language has borrowed the following words from Latin: constitution (constitution), législateur (legislator), régime (system), acte (act), adjudication (auction), hypothèque (mortgage), cession (concession), clause (clause) and etc. 

     Later other languages have enriched the terminology of French  law: from English – budget (budget), chèque (cheque), comité (committee); from Italian the terms of financial and trade spheres – aval (commission), banque (bank), banqueroute (bankruptcy), bilan (balance), douane (customs); and finally from Greek language – démocratie (democracy), monarchie (monarchy), oligarchie (oligarchy), politique (politics),   théocratie (theocracy).

     Also we should mention that words are undergoing changes in their new context and that evolution can lead to the changes of meaning with reference to the language – the source. For example, Latin word statum is represented in English as status, while in French this term is represented as statut in its simple form and as statu (without t) in such expression as statu quo (status quo).

     J.Darbelne distinguishes nomenclature and pare-technical dictionary. Those lexical units which belong to definite subject are called nomenclature. Pare-technical dictionary comprises limited-in- use and common words, which have technical meaning. For example, syndic (head of living quarters’ committee), défendeur (defendant), inculpé (the accused), accusé (the accused) [5].

A lot of scientists record that the meaning of words in the text won’t be comprehended if these lexical units are not conformed by themselves.

     The style or the manner of judicial texts utterance take aim to transform information that will have more or less important effect but only if the chosen style conforms to the type of message. For an example, normative texts have the tone of pomposity. According to such text the State claims and only it prompts to follow some norms organizing the life of society.

      A judicial language has some syntactical characteristics in order to distinguish it from languages of other selections. It follows to the same syntactical rules as daily language.

According to French judicial language a verb can be put as before as after a noun: est décrété bien public (public goods are defined by the decree); le conseil, statuant à l’unanimité, sur proposition…adopte(the Council, is settled by unanimous decision, according to the preposition adopts...). Passive voice is often used in the judicial language. The usage of passive constructions makes neutral tone, objective and formal, where the following purpose is to save “nobility” of normative text. So the pronoun il is more preferable rather than an indefinite pronoun on. In consequence of the phrase il est convenu/décidé is much more preferable than the phrase on a convenu/décidé.

In conclusion we have to mention that the judicial language is a wide field for thinking during the translation. First of all it illustrates fundamental aspects of the translation theory: a study of said information and its conformation of speaker’s intention, an existence of sense that is free of linguistic sign. Moreover a broad study of the judicial language as any specialized discipline contains the solution of problems with paraphrasing inside not only one and the same linguistic and technical system but also in transformation from one language system to another.

Literature:

1.     Saussure, F. de Cours de linguistique générale, Paris 1982

2.     Nida E. et Taber C. La traduction : théorie et méthode, Paris

3.     Jaques Pelage « La traduction face au droit», E.S.I.T., Paris

4.     Jean – Claude Gémar, « Les fondements du langage du droit comme langue de spécialité », Revue générale du droit, Université d’Ottawa, Faculté de Droit, vol. 21, no 4, 1990, p.719.

5.     Jean Darbelnet, «Réflexions sur le discours juridique», Meta, vol. 24, no 1, mars 1979, p. 27.