论功能目的论在法律英语翻译中的适用

论文总字数：26080字

摘 要

随着经济全球化的快速发展，各国间的联系越来越密切，交流日益增多，当然分歧也会随之增多，这时法律英语翻译就显得尤为重要。但是，西方国家的法律体系与我国的法律体系不同，法律理念不同，特别是法律文本的撰写方式不同，在法律英语文本汉译的过程中，我们必然要将这些因素考虑进去。因此，我们需要一些有关的理论去指导我们翻译。本文作者认为功能目的论比较适用于指导法律英语翻译。通过研究，我们将会发现目的论为我们提供了一个全新的角度去翻译法律英语文本。

关键词：分歧；功能目的论；法律英语翻译

Contents

1. Introduction 1

2. Literature Review 1

3. The Translation Features of Legal English 2

3.1 From the Textual Aspect 2

3.2 From the Syntactic Aspect 3

3.3 From the Lexical Aspect 5

4. The Translation Principles of Skopos Translation Theory 7

4.1 Brief Introduction 7

4.2 Applying Skopos Rule 8

4.3 Applying Coherence Rule 8

4.4 Applying Fidelity Rule 9

5. Conclusion 10

Works Cited 12

1. Introduction

With the rapid development of economic, the connection between the countries becomes more and more closely, communication is gradually increased, accordingly, the divergence must be increased, at this time, legal English translation becomes increasingly necessary. That is to say, we have to translate English legal texts.

However, we should know that the legal system of western countries is different from our country’s, their legal concept is also different from ours, especially the different writing methods of legal texts, so we are bound to meet many problems during the process of English legal texts into Chinese. Therefore, to improve the translation quality of legal English texts, we need some relevant theories to guide our thoughts and behaviors to further explore that field. Skopos theory presented by Hans J. Vermeer is more applicable to legal English translation. In the theory, Vermeer believes that the key in the process of translation is translation purpose. He said in this way “Any form of translational action, including translation itself may be conceived as an action, as the name implies. Any action has a purpose, the word skopos, and then is a technical term for the aim or purpose of a translation.” (Nord 1997: 12) From the above words, we should know that Skopos theory can provide us a new perspective to translate legal English texts.

The studies of this thesis mainly have two aspects: firstly, it introduces three principles of skopos theory, and gives some examples to show the application of the three principles. Secondly, it introduces the translation features of legal English texts from textual, syntactic and lexical aspects. Knowing the translation features of legal English texts can help translators translate highly accurate target texts, and help receivers get the expected target texts. All in all, this thesis explores translation principles and translation features that translator must follow during the process of translation from skopos theory, which gives translator guidance to improve the quality of target texts.

2. Literature Review

Wang Xiaodan held that equivalence theory put forward by Nida is the most applicable to translate legal English texts. The reason why equivalence theory can best apply to English legal texts into Chinese is that it pays more attention to the psychological response of source language readers. We know, in Nida’s equivalence theory, the most important thing is source text or the psychological response of source language readers. However, because of the distinctive social functions of law, we cannot ignore the response of target language readers.

Through other people’s research, like Ke Liping, we can know that equivalence theory has specific techniques can be applied to syntactic and lexical levels, for instance, amplification, literal translation, conversion, etc. The lexical features of legal texts are serious, simple and so on. From these points, we can find that it is more applicable to literary translation, not legal English translation. Nida also didn’t say that his equivalence theory can apply to any fields. In skopos theory, source text or the psychological response of source language readers are relegated to a secondary position, instead, the translation purpose is the key. Of course, translator also takes the differences of language and culture into account.

Some people don’t think any translation has its purpose, in fact, the idea is wrong. Sometimes, translator always consciously or unconsciously regards a specific translation receiver as an object, making target text in target language environment has a certain function, that is translation purpose. As the skopos theory says that translation behavior can be given a certain purpose, but it is not arbitrary. Translator must concern characteristics of translation behavior. That is to say, some contents of source text cannot translate into other meanings because of different purposes.

From the above, we can find skopos theory provides us a new perspective to translate English legal texts.

3. The Translation Features of Legal English

3.1 From the Textual Aspect

Legal English is a special language, it must have some itself features. In my opinion, after knowing its features better, we just can improve translation quality, and let our readers understand target texts better. So, it is necessary to analyze the types of legal texts and its features. We will not introduce the types of legal texts there. In this thesis, we mainly learn its features. Our law is formulated by the State or international organization, recognized by people, reflects the will of the ruling class or the common interests of the international community, which is the summation of operative norms that ensures implementation through the coercive power, including the constitution, the laws, administrative regulations, etc. So do other countries’ law. From these words, we can know legal Chinese in textual level, such as, harshness, accuracy, precision, clarity, conciseness, coherence, professional language. Some cases are as follows:

第二十八条 地方各级人民代表大会任期，从每届本级人民代表大会举行第一次会议开始，到下一届本级人民代表大会举行第一次会议为止。（Zhang Chenxiang 2008: 168）

Article 28 The term of office of the deputies to a local people’s congress at any level shall begin with the first session of that people’s congress and shall expire at the first session of the succeeding people’s congress at the same level. Text can be rewritten as follow,

Article 28 The term of office of the deputies to a local people’s congress runs as of its first session till that of its succeeding congress.（Zhang Chenxiang 2008: 168）

The first translator translated the source text mechanically. He used “at any level”, “at the same level” and two “shall”, it made first target text lengthy and burdensome. We all know legal text has the feature of clarity, so first translation is a bad example. The second translator deleted excessive parts and made the second text concise. It is good for helping us understand the text quickly and clearly. Coherence rule demands that the translated text must conform to the rules of the target text and makes our readers understand the information. From this point, we can know the second translator follows coherence rule.

3.2 From the Syntactic Aspect

According to some thorough analyses, the features of legal Chinese and legal English have also some similarities in the syntactic aspect. Many long and complex sentences frequently used in legal English, even one paragraph just is one sentence. The reasons why legal English has long and complex sentences, as follows:

Legal English texts are extremely solemn, meanwhile, the social function of legal text requires it detailed and accurate, which can not make any ambiguities, these requirements are bound to lead to the complex syntactic structure. The complex syntactic structure shows the rigor and precision of legal texts. Legal English texts always use declarative sentences and often use long and complex sentences, but it almost doesn’t use interrogative sentences and elliptical sentences. A comprehensive and deepening understanding of legal texts’ syntactic features is beneficial for us to translate English legal texts.

Some academics, whilst accepting that term like ratio decidendi and obiter dicta are used in judgments, and whilst accepting that at least some judges think they construct their judgments, on the basis of ratio and obiter in previous judgments, believe that important influences on decisions made by judges are to be found in the nature of matters such as the social background of judges, the economic circumstances of the time or even the very nature of language itself.

有些学者认为，虽然接受在判决中使用如“判决依据”和“附带意见”这些术语，虽然承认至少有些法官认为他们是根据先前判决的“判决依据” 和“附带意见”作出判决的，但认为影响法官的判决的重要因素应从事情本身的特征，如法官的社会背景、当时的经济环境甚至语言本身的特征中去发现。(Lu Ming 2008: 33)

The source text is a composite sentence. It can confirm the words: sometimes one paragraph just is one sentence. In the text, two subordinating conjunctions “whilst” lead two adverbial clauses of concession, in the two adverbial clause of concession, it also has a object clause. From this point, we can find that legal texts often use long and complex sentences. It can help us accurately define the content of legal texts and rule out the possibility of being misunderstood. (Lu Ming 2008: 33)

Legal English doesn’t consist in its lexical features, which mainly lies in syntactic features. A number of phrases, sentences used in legal English texts but hardly used in other texts, it is more difficult for the translator to translate legal texts. Therefore, in order to translate legal texts better, the translator must master this kind of sentences and phrases. As follows: ①the sentence includes “subject”; ②the sentence includes “provided that” or “provided”; ③the sentence includes “where”; ④the sentence includes “ for the purpose of”; ⑤ the sentence includes “notwithstanding”, etc.

3.3 From the Lexical Aspect

After reading some relevant papers and periodicals, I found some vital points. First, legal English uses loanwords like Latin, French and archaisms; however, legal Chinese has few loanwords and limited archaisms. Second, legal Chinese uses plain words, concise statement and manifests the thing’s time, place, motive, mean, and consequence clearly. The sentence of legal Chinese is more simple and concise than those of legal English. Third, legal Chinese doesn’t use metaphor, metonymy, hyperbole, pun rhetoric and other rhetorics. The features of legal English are as follows:

(i).Using frequent words but their meanings are not commonly used

We know some frequent words and phrases have special meaning in legal English. Such as, letter often means “字母”，but in legal English it means “许可证书”. Demise means “死亡”, legal meaning is “转让”.

(ii).Using Latin words

Some Latin words have already accepted in daily life，hundreds and thousands English words stems from Latin, which usually used in daily life, and then people gradually forget the words’ etymology, The words are as follows:

Affidavit(誓章，证词)                           In flagrante delicto(当场，在作案时)

Res ipsa loquitur(事情不言而明的) Per stripes(按照血缘、祖先)

Guardian ad litem (法定监护人)            

(iii).Using old French and legal French vocabulary

The reasons why legal English have many French words that because Britain is colonized by French in a long time, French more or less affect English daily life, plus, the two languages" pronouncing is very similar, which results in many people can"t distinguish between them. Such as: action, police, suit, purchase, property, chose in action, etc.

(iv).Using jargon

Case(案件)                    Superior court（高级法院）

Record（记录）                 Pierce the corporate veil(掀开公司面纱)

(v). Using formal words

To keep laws grave, except for special English words, it usually uses formal words.

Adjudicate（判决） Decree（判令）

Termination（终止）                Toll the statute(阻止或干扰法定时效)

(vi).Using some rare contemporary English words’ archaic vocabulary

English has a long history and it always keeps moving, contemporary English vocabulary must be different from old English. However, the old words are still used in legal English. As follows:

Thereabout(大约)                 Aforesaid(前述的)

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