Translated law, legal translation and textual fit
“… legal terms tend to be incongruous, the degree of incongruity depending on the affinity between the systems and languages… The differences are greater between the common law system and the civil law system … than between two civil law systems … Some areas of law are more prone to globalisation and a harmonisation of concepts, for example, business law tenders to show higher affinity between legal systems than criminal law, subject to the culture-specific axiological and moral assessment of what is socially unacceptable and punishable. The incongruity is one of the major challenges in legal translation: it is found not only at the level of terms but more importantly at the level of concept systems, which affects how conceptual networks and conceptual fields are organised…. In legal translation it is unavoidable for recipients to access the unfamiliar (source language concepts and knowledge structures) through the familiar (target source language concepts and knowledge structures) by establishing epistemic correspondence between incongruous structures.”
Lucja Biel, Lost in the Eurofog: The textual fit of translated law, Peter Lang Editions (2014), p. 50
“Experts Talk About Legal Translation” is a series of interesting quotes from some of the world’s leading academics and writers from the field of legal translation. The series highlights some of the complexities and difficulties involved in legal translation and seeks to raise awareness among clients, translators and the general public about legal translation which is proving to be one of the fast-growing, most interesting segments of the translation market.