Legal translation

Complexity of legal translation

Legal translation is the translation of language used in legal settings and for legal purposes. Legal translation may also imply that it is a specific type of translation only used in law, which is not always the case. As law is a culture-dependent subject field, legal translation is not necessarily linguistically transparent. Intransparency in translation can be avoided somewhat by use of Latin legal terminology, where possible, but in non-western languages debates are centered on the origins and precedents of specific terms, such as in the use of particular Chinese characters in Japanese legal discussions.[1]

Intransparency can lead to expensive misunderstandings in terms of a contract, for example, resulting in avoidable lawsuits. Legal translation is thus usually done by specialized law translators. Conflicts over the legal impact of a translation can be avoided by indicating that the text is "authentic" i.e. legally operative on its own terms or instead is merely a "convenience translation", which itself is not legally operative. Courts only apply authentic texts and do not rely on "convenience" translations in adjudicating rights and duties of litigants. Typical legal translation documents include case bundles, witness statements, particulars of claims, pleadings, defence and counterclaims, witness statements, police reports, particulars of claim, defence and counterclaim, arbitration agreements, evidence bundles, contracts, deeds, mortgage agreements, medical assessments and reports, marriage, birth, Wills and death certificates. Accurate translation can help ensure legal compliance, risk mitigation, transparency, clarity and access to fair justice for everyone.

  1. ^ Mizuno, Makiko (2018). "Linguistic Study of Court Interpreting in Lay Judge Trials in Japan". In Hebert, David G. (ed.). International Perspectives on Translation, Education and Innovation in Japanese and Korean Societies. Cham: Springer. pp. 207–222. doi:10.1007/978-3-319-68434-5_14. ISBN 978-3-319-68432-1.

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