Session 3 Lexical and structural features of legal
- Slides: 13
Session 3 Lexical and structural features of legal language http: //fac. ksu. edu. sa/ralsalem/node/45764
13. Use of rarely used words to maintain a high level of formality English examples: “Commence” instead of “start” or “begin” The rights and powers of my attorney in fact commence on August 13, … “To effect” instead of “to do” or “to make” Payment of the value of this contract is to be effected in dollars as follows …
14. Word Collocations Examples of legal collocates: Binding contract ﻋﻘﺪ ﻣﻠﺰﻡ To institute legal proceedings ﻳﻘﻴﻢ ﺩﻋﻮﻯ To appeal the verdict ﻳﺴﺘﺄﻨﻒ ﺍﻟﺤﻜﻢ To enact a law ﻳﺴﻦ ﻗﺎﻧﻮﻧﺎ
15. Formulaic expressions (also called Routines) Examples: Unless otherwise required by the context …. . . ﻣﺎ ﻟﻢ ﻳﻘﺘﺾ ﺍﻟﺴﻴﺎﻕ ﻣﻌﻨﻰ آﺨﺮ Represented in the signing of this contract …. . . ﻳﻤﺜﻠﻪ ﻓﻲ ﺍﻟﺘﻮﻗﻴﻊ ﻋﻠﻰ ﻫﺬﺍ ﺍﻟﻌﻘﺪ We, the undersigned, certify that …. . . ﻧﺸﻬﺪ ﻧﺤﻦ ﺍﻟﻤﻮﻗﻌﻮﻥ ﺃﺪﻧﺎﻩ ﺃﻦ
16. Avoidance of the possessive apostrophe Example: A contract under which a man is employed instead of a man’s contract Order of the court instead of The court’s order
Stylistic features of legal language 1. Legal sentences are long (in both English and Arabic) because they are full of restrictive phrases and clauses, and they favor repetitions to the use of anaphoric devices.
2. Excessive use of the passive voice (in English only) Example: A person found guilty of one or more offences, … and sentenced or ordered to be imprisoned or detained indefinitely or for more than one year, shall be disqualified for membership of the House of Commons … ﻭﺻﺪﺭ ﺑﺤﻘﻪ. . . ﺇﺫﺍ ﻭﺟﺪ ﺍﻟﺸﺨﺺ ﻣﺬﻧﺒﺎ ﺑﺎﺭﺗﻜﺎﺏ ﻣﺨﺎﻟﻔﺔ ﻭﺍﺣﺪﺓ ﺃﻮ ﺃﻜﺜﺮ ﺣﻜﻢ ﺃﻮ ﺃﻤﺮ ﺑﺎﻟﺴﺠﻦ ﺃﻮ ﺍﻻﺣﺘﺠﺎﺯ ﻷﺠﻞ ﻏﻴﺮ ﻣﺴﻤﻰ ﺃﻮ ﻷﻜﺜﺮ ﻣﻦ ﻋﺎﻡ . . . ﻓﺴﻴﻔﻘﺪ ﺍﻷﻬﻠﻴﺔ ﻟﻌﻀﻮﻳﺔ ﻣﺠﻠﺲ ﺍﻟﻌﻤﻮﻡ
Translation Tips 1. Read the legal text thoroughly and repeatedly until you manage to understand analyze it. 2. As you translate, use the style and expressions used in the legal field. Look for samples of legal documents of the type that you have in hand learn from them.
3. It is recommended that legal texts are translated literally, but chunk-for-chunk rather than word-for-word. However, the translation should follow the structural features of the target language. 4. Terms and expressions repeated in the source text for the purpose of clarity should be repeated also in the target text.
Types of legal documents 1. Contracts (Employment, loans, warrants, intellectual property, sale and purchase, mergers, exploration, advertising, services, etc. ) See samples of all types of contracts at: http: //corporate. findlaw. com/contracts/operati ons/sales/
2. Laws and regulations (Clean Air Act, Immigration and Refugee Protection Act, Public Demonstrations Law, Copyright Law, etc. ) 3. Certificates (Birth, Death, Graduation, Attendance, etc. ) 4. International law (UN Charter, International Human Rights Law, etc. )
5. Islamic law (International, Criminal, Constitutional, etc. )