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JURIDICAL TRANSLATION-A MATTER OF BOTH LANGUAGE AND
THOUGHT
Khujaniyazova Hilola Turaevna
Senior Teacher, Researcher
Uzbek State University of World Languages
https://doi.org/10.5281/zenodo.15473408
Abstract:
This article analyzes the essence of juridical translation not as a
purely linguistic, but as a multifaceted cognitive process. Translation is not
merely the substitution of linguistic elements but a process of ideological and
logical transfer between entire juridical, cultural, and social systems. The article
provides an in-depth analysis of the characteristics of juridical texts, cognitive
differences, intercultural contextual disparities, and the translator’s role and
responsibility. Additionally, important theoretical concepts are supported by
real translation examples, highlighting factors that influence translation quality.
Keywords:
juridical translation, cognition, juridical difference, cultural
context, semantic precision, translator responsibility.
Abstrakt.
Ushbu maqola yuridik tarjimaning mohiyatini faqat tilshunoslik
jihatdan emas, balki ko‘p qirrali kognitiv jarayon sifatida tahlil qiladi. Tarjima —
bu faqat til elementlarini almashtirish emas, balki butun yuridik, madaniy va
ijtimoiy tizimlar o‘rtasida g‘oyaviy va mantiqiy o‘tish jarayonidir. Maqolada
yuridik matnlarning xususiyatlari, kognitiv farqlar, madaniy kontekstdagi
tafovutlar hamda tarjimonning roli va mas’uliyati batafsil tahlil qilinadi.
Shuningdek, muhim nazariy tushunchalar real tarjima misollari bilan
tasdiqlanib, tarjima sifatiga ta’sir etuvchi omillar ko‘rsatib o‘tiladi.
Kalit so‘zlar:
yuridik tarjima, kognitsiya, yuridik farq, madaniy kontekst,
semantik aniqlik, tarjimon mas’uliyati.
Juridical translation is often understood as literal or equivalent translation.
However, this approach cannot fully reveal the deep nature of juridical texts.
Juridical texts are complex communicative tools that emdiv language,
cognition, culture, and social systems. The translator here is not merely a code
converter but an intermediary between cognitive systems. Therefore, it is
crucial to understand that juridical translation is both a matter of language and
thought (Sarčević, 1997).
Juridical texts have unique syntactic structures, complex semantic layers,
and formal discourse, fundamentally differing from other text types. They
convey official information through laws, regulations, contracts, decisions, and
other official documents, where every phrase, even punctuation, can have
juridical force (Bhatia, 1993). Juridical texts often use ambiguous, passive
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constructions and repetitive formulas. On the one hand, this serves to eliminate
uncertainty; on the other, it complicates achieving syntactic equivalence during
translation (Tiersma, 1999). Different juridical systems (e.g., Common Law and
Civil Law) have distinctive cognitive approaches. For instance, the English
juridical concept of "consideration" forms the juridical basis of any contract but
lacks an exact equivalent in many other juridical systems (de Groot, 1999).
Hence, the translator must not only translate the term but also grasp the
underlying juridical reasoning contextually. Otherwise, inaccurate or vague
translations may cause problems in juridical interpretations (Galdia, 2009). Each
juridical text is nourished by the cultural and historical experience of its society.
For example, while "equity" is a significant institution in the English juridical
system, direct transfer to another system is complicated, as it relates to
historical development and specific juridical institutions (Watkins & Burton,
2013). Translators must have skills to understand cultural cognition, discourse
conventions, and institutional differences. Translation here means not just
changing language but also enabling intercultural communication (Nida, 1964).
Semantic precision is the most critical requirement in juridical translation.
Every word and phrase must be juridically exact and unambiguous. However,
this precision should harmonize with pragmatic sensitivity. For example, when
translating a witness’s testimony in court, not only semantics but also
illocutionary force, context, emotional background, and communicative intent
must be considered. A translator might unintentionally alter the witness's stance
through incorrect intonation or synonym choice (Hale, 2004).
A juridical translator acts as a mediator between juridical systems and
simultaneously assumes ethical, cultural, social, and communicative
responsibilities. The translator does not simply translate but encodes,
comprehends, and transfers juridical cognition to another system (Cao, 2007).
At the same time, impartiality, confidentiality, and adherence to professional
ethics are of utmost importance. Any negligence in the translation process may
affect court decisions, personal rights, or even life outcomes. As an example,
consider the English sentence: "The contract shall be deemed void if either party
is found to have acted in bad faith." A literal translation might be: "Agar
tomonlardan biri yomon niyat bilan harakat qilgan deb topilsa, shartnoma
haqiqiy emas deb hisoblanadi."
While syntactically correct, "bad faith" juridically implies not just "bad
intention" but a breach of certain moral and juridical norms that are difficult to
prove. Therefore, an interpretative translation such as "shartnoma shartlariga
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bilib turib zid ravishda harakat qilgan" ("acted knowingly against the contract
terms") is more precise and contextually appropriate (Sandrini, 1999).
Juridical translation is a complex and highly responsible type of translation,
where the main challenge is understanding words not merely linguistically but
within the framework of juridical cognition. The phrase "Juridical translation is
not a matter of language but of thought" precisely highlights this point. Every
juridical text, law, decision, or contract is shaped within a specific juridical
system and cultural context, and the translator must understand this complex
system and convey its core ideas appropriately in the target language. For the
translator, it is more important to deeply understand and thoughtfully translate
the juridical and cultural meanings behind juridical texts than to perform word-
for-word translation (Bhatia, 1993; Gémar, 2013).
The juridical language contains many specialized terms and phraseological
units, each bearing a precise juridical meaning. However, the words themselves
are insufficient because juridical systems and cultures can vary widely. For
example, the English term “contract” denotes a precise juridical agreement, but
finding a full equivalent in other languages can be difficult (Schäffner, 2004).
Thus, the translator must understand the system of juridical concepts and how
they are expressed in the culture of the target language. This requires
knowledge beyond language skills, including juridical cognition and cultural
awareness (Woods, 2017).
The main complexity in juridical translation arises from the need to
translate not just words but cognition and juridical concepts between two
languages. Each juridical system is based on specific perspectives and values, so
juridical translation requires cross-cultural cognitive adaptation (Nida, 1964;
Hatim & Mason, 1990). For instance, the term “due process” in the English
juridical system refers to specific procedures that cannot be adequately
rendered by a literal equivalent in another language. The translator must
understand this concept and adapt it to the cultural and juridical framework of
the target system. Hence, juridical translation is not merely linguistic work but a
matter of cognition and intercultural communication.
Juridical translation is often viewed as literal or technical translation.
However, the process is far deeper than mere lexical correspondence, involving
cognition, culture, and juridical perception. Since every juridical system has its
own social history, juridical concepts, and cultural foundations, translating one
juridical language into another means converting entire juridical cognition
(Šarčević, 1997). This is especially important in court proceedings. If a
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defendant's or witness's words are misinterpreted by a translator, it is not only
a linguistic error but a betrayal of justice. The juridical translator is not just a
linguist but a mediator who understands two juridical cultures. The
responsibility imposed on the translator is to accurately convey not just
information but meaning, purpose, and juridical intent.
Terminological differences: There is semantic compatibility between the
English concept of “equity” and the Uzbek juridical term “adolat” (justice), but
they function differently in their juridical contexts. Pragmatic differences: Some
words and phrases may lose their illocutionary force in translation (e.g., "I
object!" has constitutional importance). Cultural differences: The witness’s tone
conveying politeness or distrust is expressed through cultural codes, and
improper interpretation in another language may lead to misjudgment.
These aspects demonstrate that juridical translation involves not just
language-to-language but thought-to-thought transfer. It is a transfer of
cognition, the process of expressing one juridical mindset in a form adapted to
another. Therefore, translators must be specialists who understand juridical
cognition, possess pragmatic sensitivity, and have a deep understanding of
intercultural communication (Biel, 2008). Juridical translators must not only be
linguists but also possess fundamental knowledge in law, cultural studies, and
psychology (Kirkpatrick, 2012). Translators need to know juridical terminology,
understand the functions and tasks of juridical systems, and express information
clearly and fluently. Moreover, understanding the pragmatic features of juridical
texts—their speech purposes, formality level, and communicative context—is
essential (Biel, 2008). Modern research shows that cognition plays a significant
role in juridical translation. The translator translates not only words but also
juridical thinking styles (Montalt & Shuttleworth, 2008). Juridical texts have
strict logical structure and terminology, and inaccurate translation can lead to
juridical ambiguities. Therefore, translation is regarded as a complex cognitive
activity and meaning-making process (Jakobson, 1959; Hatim, 2013).
Juridical translation involves not only linguistic knowledge but also broad
cognitive and cultural understanding. Translators must deeply comprehend
juridical concepts, cultural contexts, and communicative goals to produce
translations that are clear and fully understandable for target language users.
Thus, success in juridical translation is measured not only by word translation
but also by cognitive ability. This field requires multidisciplinary scientific
approaches involving linguistics, jurisprudence, cultural studies, and
psychology.
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Juridical translation is not mere language substitution but a complex
cognitive process. In this process, the translator acts as a bridge between two
juridical cognitions, deeply understanding cultural, social, and ethical contexts.
The translator’s ability to understand and accurately express juridical cognition
determines translation quality. Therefore, juridical translation is simultaneously
a matter of language, cognition, and responsibility.
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