Legitimate Translation Techniques And Potential Solutions For Specific Problems
Understanding the importance of legal system and translation techniques
The responsibility of understanding the legal system in the source language as well as understanding the legal terms in target language rests with translator. The translator has to convey and communicate the meaning from source language to target language using functional equivalence technique. All translators use a fundamental primary technique to do the job of legal translation. While the functional equivalence is an effective technique there are times when using this technique is not possible. In such scenarios the legal translator has to improvise and adopt different strategies in order to effectively complete the translation process. Let us what exactly is the functional equivalence technique.
Functional equivalence: The functional equivalence technique is essentially the communicative values and interrelations between the source language and the target language. This includes the interrelation between terminology, words and sentences. The functional equivalence technique is significant when translating the legal terms from one language to the other. There are some languages, for instance the Arabic language, that use numerous legal terms and in such situations it becomes necessary to employ the technique of functional equivalence. As an example there is a legal term called as "Magistrate" which has different interpretations within same language. An Iraqi translator might convey as "Judge", "Chief law maker" or "Man of authority". These are the equivalent terms in the Arabic language however one needs to ask whether those terms convey the exact functional equivalence value in terms of legal system? The answer is negative. Translator has to go deeper to find the exact terminology in legal parlance that communicates accurately and has a functional equivalence that provides the most accurate word.
A Syrian translator on the other hand may also use his own terminology based on the specific language however if it doesn't employ functional equivalence then it is likely to be inaccurate. The different legal terms have different terminologies in the various countries. For a translator it is import to distance himself from the specific languages and employ the functional equivalence technique that results in the most accurate terminology that is possible in the specific language or countries' system. There is one more aspect known as the cultural aspect which needs to be given due importance as well along with the functional equivalence technique in the process of legal translation.
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