Multiplicity of Legal Environment

The non-recognition of the third space in legal translation can lead to significant losses with various effects on the participants in legal communication. In many countries, there is financial (or even criminal) liability for translation errors and moral liability for translations made without care and impartiality. There may be individual losses for (1) the translator who loses his reputation and is therefore no longer employed, and (2) the foreigner who may not have received sufficient information to act correctly and reasonably. This type of loss is called the micro level and is summed up succinctly by Scott and O`Shea [26] in the article included in this special issue. This special issue contains a selection of contributions that deal with the different aspects of the third space in legal communication. aims to analyse the legal status and practical dimension of the working languages of the European Union and to examine the place of the English language among them – both currently and with possible scenarios in the future Union, without the United Kingdom being the largest English-speaking Member State. [43] When translating or interpreting legal documents (sometimes called court interpreting), it is important to know that professionals. Trzaskawka, Paula, and Joanna Kic-Drgas. 2021. Culturally immersed legal terminology using the example of forest laws in Poland, Great Britain, the United States of America and Germany. Internationale Zeitschrift für die Semiotik des Rechts.

doi.org/10.1007/s11196-020-09817-3 The authors provide a surprising selection of examples of incorrect translations that illustrate the consequences of not using the services of professional translators. Some of the problems are due to the use of automatically translated texts. But there are many other sources of misunderstandings, some of which are objective and due to the lack of isomorphism between languages and legal systems. The incongruity of concepts, also called system-related or culture-related concepts, and the need to relativize translation should not be forgotten here [19, 29, 30, 31]. Moreover, it is often difficult to predict the consequences of translations that have not been done carefully: whether we are supporters or opponents of the third space in interlingual communication, it cannot be denied that it exists. It is explicitly and implicitly identified by various scientists. When implicitly described, the term third space is not used. Authors usually write about cultural differences, differences between legal, political, social systems, etc. The third legal translation room is also known by a variety of names. Researchers who focus on terminology write about culture-related terms [51,52,53], system-related terms [31, 54,55,56], non-equivalent terms [19, 55, 57], untranslatability [58]. For some purposes, other analysis and nomenclature tools may be more practical and easier to apply than third space theory.

But on many other occasions, it can be a great tool through which we can better understand the complexities of interlingual communication, especially legal communication. Regardless of the terminology used, the general opinion is that this interstitial space poses a threat to interlingual communication. From the translators` point of view, the translation of the third room requires constant linguistic vigilance, agility and creativity. The constant need to translate concepts from the source language to the target language requires skills and a thorough understanding of source and target cultures and law systems. First, the translator must identify problematic terms, and then determine and translate their meaning. The meaning of the terms is not always precise and easy to decipher. Some meanings change in time and space, leading to false friends [41, 59]. Some meanings transcend the boundaries of common sense and become metaphors or euphemisms, whose literal translation into another language can lead to unimaginable misunderstandings. 7 types of corruption – Authorized: accelerated payments  Payments to junior officials performing only “ministerial” or “clerical” functions – Illegal: payments to a public servant exercising discretionary powers Ethical dimension – Morality in relation to culture – Business codes The authors examine the development of concepts and concepts in different legal cultures. The selected examples of marriage and sexual terminology illustrate the problems of cross-linguistic communication and understanding messages through the prism of the national legal system, leading to stereotypes in situations where legal realities differ or where one has recently been reshaped while the other remains unchanged [20].

The next issue addressed in the paper concerns cultural codes and communication stereotypes. Cultural codes are perceptions that are fossilized in our brains and are responsible for creating stereotypes. This interpretation has both advantages and disadvantages. To a certain extent, it reduces legal certainty. However, since so many official EU languages belong to different language families and legal systems and are characterised by different degrees of isomorphism, it is not possible to eliminate interpretation. Bajčić [44] draws readers` attention to the fact that the interpretation procedure can be beneficial for judges of national courts as it “ensures greater clarity on potential linguistic divergences or ambiguities and thus a more uniform interpretation and application of EU law”. Although the CJEU makes fewer and fewer such comparisons, their complete elimination would be to the detriment of EU citizens and judges. The third translation room is ubiquitous in the process of drafting so many language versions of EU legislation, and translation theory has not currently found a reasonable solution that could ensure uniformity of meanings free from interpretative doubts.

The first three opening articles of the special issue on the third space in translation and legal communication address both theoretical and practical issues and focus on Bhabha`s theory [2, 17]. The first two are explicitly based on theory, while the third implicitly refers to it by focusing on colonization and racial differentiation. As we have observed, a third space plays a crucial role in determining the most appropriate equivalents. Building on the knowledge acquired allows translators to avoid transgressions and ensure the relevance of renderings. A third space is a place where the legal concepts of different jurisdictions overlap and reveal either their details in the systems being compared or the extent to which they overlap. Here, high and low connectivity is discovered, traumatic treatment of terms is recognized, and expressions that have retained (inherited) their “original meaning” [48, p. 185] are clearly visible. [47] Wagner, Anne and Gémar, Jean-Claude. 2014. Special Edition. Decision-making in legal translations, interpreting and speech acts – techniques of legal semiotic cultural mediation. In Semiotica.

Volume 201, Number 1/4. Finally, Matulewska and Wagner [19] deal with communication problems arising from the stratification of communication in the legal environment. The concept of stratification is widely discussed in sociological research, but not often addressed in translation studies. Their impact on the communication process is undeniable and therefore cannot be ignored, as it can lead to conscious and unconscious discrimination against certain parties to the proceedings. The translator`s job is to make the speaker visible to those who do not understand the language he is using. Since Bhabha [2, p. 47] asserts that message senders must cease to be invisible, they must be seen, heard and understood to avoid political alienation and cultural discrimination [2, p. 60]. Being different must not only subexist, but also be tolerated and accepted as a partner in the communication process. The more distant the source and target cultures are (in terms of social, economic, legal, historical, political, racial and linguistic factors), the longer the translation chain (number of pivotal languages between the source language of the message sender and the target mother tongue of the message recipient), the more difficult it is to communicate effectively. [19] This knowledge is a prerequisite for the professional reproduction of texts, but it is not a foolproof solution to the problem of legal translation and the quality of interpretation.

There are cases when the human factor fails due to various circumstances, from headaches to outside noise, which causes parts of the spoken messages to be misheard and misinterpreted. Pantoga [12, p. 645] points out that: There are many products that cannot be legally imported into most countries.

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