Legal translation into a non-mother tongue: The role of L1 revision

Tomáš Duběda
Charles University

The article reflects on the problem of L2 legal translation, paying specific attention to the role of L1 revision and its impact on the overall quality of the final product. Twenty non-native translations (Czech–French) of a legal text were subjected to a two-stage assessment procedure: First, by two native revisers without legal training (revision stage), and second, by two native experts (metarevision stage). In the revision stage, the average quality of the translations was rated between B (good) and C (borderline). During the metarevision stage, the experts identified a higher number or errors, especially in the domain of legal meaning. No less than 84% of the revisions made by the non-expert revisers were confirmed by the expert revisers, while the remaining cases were mostly under-revisions (12%), and, less frequently, over-revisions (4%). In situations where L2 translation is inevitable, L1 revision, even when carried out by professional revisers with little or no legal background, seems to be a viable option. However, all stakeholders should be aware of the risks associated with this practice, bearing in mind the specific nature of legal translation.

Publication history

Date received: 14 February 2021

Date accepted: 15 February 2021

Published online: 18 March 2021

Table of contents

L2 translation is far from being a frequent object of research, and this is especially true with respect to Legal Translation Studies. However, it is a fact that in many European countries legal translations are produced by non-native translators. Therefore, more insight is needed into the specificities of this activity, its benefits and risks, as well as the social context in which it is carried out.

Full-text access is restricted to subscribers. Log in to obtain additional credentials. For subscription information see Subscription & Price. Direct PDF access to this article can be purchased through our e-platform.

References

Adab, Beverly
2005 “Translating into a Second Language: Can We, Should We?” In In and Out of English: For Better, for Worse?, edited by Gunilla Anderman and Margaret Rogers, 227–241. Buffalo: Multilingual Matters. Google Scholar logo with link to Google Scholar
Arthern, Peter J.
1987 “Four Eyes Are Better than Two.” In Translating and the Computer 8: A Profession on the Move, edited by Catriona Picken, 14–26. London: Aslib.Google Scholar logo with link to Google Scholar
Biel, Łucja
2017 “Quality in Institutional EU Translation: Parameters, Policies and Practices.” In Quality Aspects in Institutional Translation, edited by Tomáš Svoboda, Łucja Biel, and Krzysztof Łoboda, 31–57. Berlin: Language Science Press.Google Scholar logo with link to Google Scholar
Byrne, Jody
2007 “Caveat Translator: Understanding the Legal Consequences of Errors in Professional Translation.” The Journal of Specialised Translation 7: 2–24.Google Scholar logo with link to Google Scholar
Campbell, Stuart
1998 Translation into the Second Language. New York: Longman.Google Scholar logo with link to Google Scholar
Chodkiewicz, Marta
2016 “What Types of Errors Do Undergraduate Students Make Depending on Directionality?” In Translation and Meaning. New Series, Vol. 2, Pt. 2, edited by Łukasz Bogucki, Barbara Lewandowska-Tomaszczyk, and Marcel Thelen, 191–208. Bern: Peter Lang.Google Scholar logo with link to Google Scholar
Corness, Patrick
1999 “Stylistic Aspects of Translation from Czech into English: Some Features of a Sample Non-literary Corpus.” Folia Translatologica 7/1999: 11–83.Google Scholar logo with link to Google Scholar
Duběda, Tomáš
2018 “La traduction vers une langue étrangère: compétences, attitudes, contexte social [Translating into a foreign language: Competences, attitudes, social context].” Meta 63 (2): 492–509. Google Scholar logo with link to Google Scholar
European Commission
2016 “Omnibus-15 – Translation services into EU languages 2016/S 139-25111.” Accessed March 21, 2019. https://​ec​.europa​.eu​/info​/sites​/info​/files​/omnibus15​_contract​_award​_notice​_2016​-ojs139​-251117​-en​.pdf
Experts and Interpreters Act, 36/1967
Accessed March 21, 2019. https://​www​.zakonyprolidi​.cz​/cs​/1967​-36)
Göpferich, Susanne, and Riitta Jääskeläinen
2009 “Process Research into the Development of Translation Competence: Where Are We, Where Do We Need to Go?” Across Languages and Cultures 10 (2): 169–191. Google Scholar logo with link to Google Scholar
Guinchard, Serge, and Thierry Debard
eds. 2017 Lexique des termes juridiques 2017–2018 [Dictionary of legal terms 2017–2018], s.v. “compensation”. Paris: Dalloz.Google Scholar logo with link to Google Scholar
Hurtado Albir, Amparo
ed. 2017 Researching Translation Competence by PACTE Group. Amsterdam: John Benjamins. Google Scholar logo with link to Google Scholar
IAPTI
2015 “Translation into a Non-native Language.” Accessed March 27, 2019. https://​www​.iapti​.org​/files​/surveys​/2​/IAPTI​_non​-native​_report​.pdf
ISO (International Organization for Standardization)
2015 “Translation Services – Requirements for Translation Services. ISO 17100:2015.” Accessed March 21, 2019. http://​www​.iso​.org​/iso​/catalogue​_detail​.htm​?csnumber​=59149
Kelly, Dorothy, Anne Martin, Marie-Louise Nobs, Dolores Sanchez, and Catherine Way
2003 La direccionalidad en traducción e interpretación: perspectivas teóricas, profesionales y didácticas [Directionality in translation and interpreting: Theoretical, professional and didactical perspectives]. Granada: Atrio.Google Scholar logo with link to Google Scholar
Künzli, Alexander
2007 “Translation Revision: A Study of the Performance of Ten Professional Translators Revising a Legal Text.” In Doubts and Directions in Translation Studies: Selected Contributions from the EST Congress, Lisbon, edited by Yves Gambier, Miriam Shlesinger, and Radegundis Stolze, 115–126. Amsterdam: John Benjamins. Google Scholar logo with link to Google Scholar
Ličko, Roman
2014 Translation into English as a Foreign Language: A Slovak Survey. Banská Bystrica: Belianum.Google Scholar logo with link to Google Scholar
Martin, Tim
2007 “Managing Risks and Resources: A Down-to-earth View of Revision.” In Revision and Technical Translation, edited by Louise Brunette, special issue of The Journal of Specialised Translation 8: 57–63.Google Scholar logo with link to Google Scholar
Ministry of Justice, Czech Republic
n.d. “Register of Experts and Interpreters.” Accessed March 21, 2019. http://​datalot​.justice​.cz​/justice​/repznatl​.nsf​/$$SearchForm​?OpenForm​&Seq​=1#​_RefreshKW​_select​_5
Mossop, Brian
2007 “Empirical Studies of Revision: What We Know and Need to Know.” In Revision and Technical Translation, edited by Louise Brunette, special issue of The Journal of Specialised Translation 8: 5–20.Google Scholar logo with link to Google Scholar
2015/2020 “Readings on Revising and Editing in Eight Languages.” Accessed March 27, 2019. http://​www​.yorku​.ca​/brmossop​/RevisionBiblio​.htm
Newmark, Peter
1988 A Textbook of Translation. Hertfordshire: Prentice-Hall.Google Scholar logo with link to Google Scholar
Pavlović, Nataša
2007 “Directionality in Translation and Interpreting Practice: Report on a Questionnaire Survey in Croatia.” Forum 5 (2): 79–99. Google Scholar logo with link to Google Scholar
Prieto Ramos, Fernando
2015 “Quality Assurance in Legal Translation: Evaluating Process, Competence and Product in the Pursuit of Adequacy.” International Journal for the Semiotics of Law 28: 11–30. Google Scholar logo with link to Google Scholar
Rayson, Paul, Xiaolan Xu, Jian Xiao, Anthony Wong, and Qi Yuan
2008 “Quantitative Analysis of Translation Revision: Contrastive Corpus Research on Native English and Chinese Translationese.” Paper presented at XVIIIth FIT World Congress, Shanghai, China, August 2008.
Rey-Debove, Josette, and Alain Rey
2012 Le Petit Robert de la langue française [Le Petit Robert. Dictionary of French]. Electronic edition, s.v. “compenser”.Google Scholar logo with link to Google Scholar
Selinker, Larry
1972 “Interlanguage.” International Review of Applied Linguistics in Language Teaching 10 (3): 209–231.Google Scholar logo with link to Google Scholar
Svoboda, Tomáš
2016 Central European Translation Market Survey. Accessed March 21, 2019. http://​www​.jtpunion​.org​/K​-profesi​/Odborne​/Pruzkum​-prekladatelskeho​-trhu​-ve​-stredni​-Evrope​-Ce
Wagner, Emma
2005 “Translation and/or Editing – The Way Forward?” In In and Out of English: For Better, For Worse?, edited by Gunilla Anderman and Margaret Rogers, 214–226. Clevedon: Multilingual Matters. Google Scholar logo with link to Google Scholar
Whyatt, Bogusława, and Tomasz Kościuczuk
2013 “Translation into a Non-native Language: The Double Life of the Native-speakership Axiom.” In Translation in an Age of Austerity, edited by Vilemini Sosoni and Margaret Rogers, special issue of mTm 5: 60–79.Google Scholar logo with link to Google Scholar
 
Mobile Menu Logo with link to supplementary files background Layer 1 prag Twitter_Logo_Blue