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Analysis of the legal and linguistic typology of human rights
texts
Feruzakhon YUNUSOVA
1
Tashkent State University of Economics
ARTICLE INFO
ABSTRACT
Article history:
Received October 2021
Received in revised form
15 October 2021
Accepted 20 November 2021
Available online
15 December 2021
This article discusses issues based on the analysis of legal
texts on human rights. It also analyzes the problems of legal
translation and explores the ideas of scientists on this topic. The
selection of the characteristic features of a legal text as features
of a legal translation is considered. These features are necessary
for conducting pre-translation analysis and competent
translation by both lawyers and linguists-translators.
2181-
1415/© 202
1 in Science LLC.
https://doi.org/10.47689/2181-1415-vol2-iss11/S-pp
This is an open access article under the Attribution 4.0 International
(CC BY 4.0) license (https://creativecommons.org/licenses/by/4.0/deed.ru)
Keywords:
legal translation,
text,
extralinguistic factors,
communication.
Inson huquqlariga oid matnlarning huquqiy va lingvistik
tipologiyasini tahlil qilish
ANNOTATSIYA
Kalit s
o‘
zlar:
huquqiy tarjima,
matn,
ekstralingvistik omillar,
aloqa.
Ushbu maqolada inson huquqlari b
o‘
yicha matnlarni tahlil
qilish asosidagi masalalar k
o‘
rib chiqiladi. Shuningdek, maqolada
huquqiy tarjima muammolari tahlil qilingan va bu boradagi
olimlarning fikrlari
o‘
rganilgan. Yuridik matnning
o‘
ziga xos
xususiyatlarini yuridik tarjimaning
o‘
ziga xos xususiyati sifatida
ajratib k
o‘
rsatish ham huquqshunoslar, ham tilshunos-
tarjimonlar tomonidan tarjimadan oldingi tahlil va malakali
tarjimani amalga oshirish uchun muhim hisoblanadi.
1
Senior lecturer Department of English language, Tashkent State University of Economics. Tashkent, Uzbekistan.
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Анализ юридической и лингвистической типологии
текстов по правам человека
АННОТАЦИЯ
Ключевые слова:
юридический перевод,
текст,
экстралингвистические
факторы,
общение.
В данной статье рассматриваются вопросы, основанные на
анализе юридических текстов по правам человека. Также в
ней анализируются проблемы юридического перевода и
исследуются идеи ученых по этой теме. Рассмотрено
выделение характерных черт юридического текста, как
особенностей, юридического перевода. Данные особенности
необходимы для проведения предпереводческого анализа и
грамотного перевода как юристами, так и лингвистами
-
переводчиками.
Traditionally, typological models of texts that are the subject of scientific and
technical translation are considered within the framework of the general theory of
translation. Over the past 30 years, there has been a lot of interesting research in the field
of applied linguistics, called
“
language for special purposes
”
(Language for Special
Purposes, LSP). Within the framework of this concept, new typological models of texts
were developed, which productively expanded the possibilities of text analysis, and in
terms of translation. The exchange of information today is increasing many times over
every day, respectively, the number of services for obtaining it increases, but access to this
information is complicated by the fact that most of the services are presented in a foreign
language. A professionally oriented approach to the study of a foreign language in modern
education is relevant not only for s specialties, but also for basic linguistic areas, within
which students can acquire additional professional competencies. Legal translation is
traditionally studied primarily by lawyers and students of legal specialties, which is
understandable due to the fact that legal translation requires deep special knowledge for
the interpretation of legal texts and for their adequate transmission into another language.
At the same time, recently it has been characterized by a double-edged interest in legal
translation both on the part of legal professionals and on the part of translators without
legal education. The legal area in some aspects covers all professional areas. Elements of
the legal language are found in the texts of contracts, instructions, certificates and other
texts of general use that translators have to deal with in their professional activities.
Acquaintance with the peculiarities of legal translation is necessary for the competent
transfer of elements of a legal text from language to language, which does not violate the
existing correspondences between the legal systems of the countries of the source and
target languages.
It is known that translation as a multidimensional phenomenon is not only a re-
coding of semantic-syntactic structures, but also reflects a linguistic vision of the situation,
a linguistic picture of the world, embodied in a text that is always distinguished by its
national identity [1-3]. Such conditions are usually called extralinguistic factors. Extra-
linguistic components are of particular importance when translating nationally-labeled
vocabulary, which in scientific literature is called non-equivalent or background. The
concepts of
“
lacuna
”
,
“
cultural reality
”
are also used. Due to the close interaction of
linguistic and non-linguistic factors in the translation process, it is not entirely clear what
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the role of each of them is. This provision determines the relevance of the study. The aim
of the work is to systematize and clarify the content of extralinguistic factors. The novelty
of the research is the solution to the question of the relationship between linguistic and
extra-linguistic factors on the example of the cultural realities of the texts of news agencies,
in which the influence of the socio-cultural environment on the translation process is more
pronounced than in other types of translation. The solution of the tasks posed requires an
appeal to heuristic, descriptive, explanatory, comparative methods of linguistic research.
Among the extralinguistic factors, it is customary to include the factor of the author’s
personality, his worldview, aesthetic preferences, the ideological orientation of the work,
emotional tone, imagery, etc. [4]. The attraction of extralinguistic information presupposes
knowledge of the subject of communication, which means that the translation procedure
cannot be imagined without the involvement of encyclopedic information. Some authors
point out that it is necessary to take into account the social orientation of the translation
process. So, L.K. Latyshev believes that translation activity is predetermined by a social
norm on which the choice of translation strategy depends. The social norm varies,
changing in the process of historical development, and reflects the requirements of society
for the translator [5].
As well as, extralinguistic factors include the following components: the national
originality of the text; the personality of the author of the text and his worldview;
encyclopedic information about the subject of communication; social norm of a given
historical period, epoch; characteristics of a speech act, such as topic, situation and its
participants. Obviously, the selected components describe either subject extra-textual
information or pragmatic aspects of the speech situation. In our opinion, some
characteristics need to be disclosed in more detail. Indeed, the understanding of cultural
reality is based on knowledge of the reality behind words, knowledge of the initial
sociocultural system.
The main difficulties in translating legal texts are associated, as a rule, with the
interpretation of professional legal terminology. It is the interpretation of the terms and
the legal concepts behind them in this particular system of law that is a stumbling block
for novice translators. The existing bilingual dictionaries of legal terms cannot solve the
problem of translation, since different contexts require knowledge of which translation
option to choose in each specific case. Difficulties can be overcome in the course of
consultation and even joint work with legal specialists, as well as by referring to a large
volume of authentic documents, where the desired terminology is found, to clarify the
linguistic environment of the term and its compatibility.
According to T.P. Nekrasov, legal terminology is one of the most difficult and
demanded areas in which scientific understanding of the theory and practice of searching
for interlanguage correspondences is necessary [10]. In a number of works, we considered
the difficulties of translating legal terminology and demonstrated the need for a thorough
analysis of the intercultural conformity of legal terms [7]. Agreeing with the opinion of
D.N. Shlepnev and Yu.A. Parkhaeva, noting that legal translation is not limited to the
translation of terms [5], we will consider other features of the legal text that the translator
should pay attention to.
I.S. Alekseeva notes that
“
the legal text has features of similarity both with the
scientific text and with the text of the instruction, since it performs both cognitive and
prescriptive functions
”
[1]. Based on the types of information contained in the legal text,
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I.S. Alekseeva highlights the features of the legal text that are significant for translation
[1. PP. 216
–
219]. We will try to interpret the dominants of legal translation considered by
the author, based on the latest research in the field of legal linguistics and linguistics.
The legal text conveys mainly cognitive information. Along with specific standard
terms, the legal text contains, according to I.S. Alekseeva, and other ways of transferring
cognitive information. Thus, the author notes such a feature of a legal text as tautological
cohesion, when the same noun is repeated in each next phrase [1. P. 218], that is, nouns in
subsequent uses are not replaced by contextual synonyms. This feature of the legal text,
according to the author, is associated with the need for the most transparent transfer of
information, with overcoming multiple subjective interpretations. The legal text contains
more than cognitive information. I.S. Alekseeva draws attention to the fact that the legal
text conveys emotional information, which is contained in legal terms with an archaic
connotation. The use in the legal text of terms with an archaic coloration "creates the flavor
of a high style (
“
dismissal from office
”
,
“
home is inviolable
”
, etc.
”
). According to the author,
“
the emotional connotation of a legal text is associated with its high status in society and
reflects the attitude of people towards it
”
[1. P. 218]. Note here that the emotional
connotation of vocabulary is found in standard constructions, in established verbal
formulas and cliches. Emotionality in legal text does not extend to syntax. V.B. Isakov
writes: “One of the important qualities
of the legal language is its emotional neutrality.
Even the most extraordinary events and facts from a moral point of view, a lawyer should
describe in neutral terms, without exerting emotional pressure and without disclosing his
legal assessment. Thus, the legal language differs sharply, for example, from the language
of journalism, which, on the contrary, is characterized by the “emotional load” of the
dictionary, which initially reveals the position of the author” [5
. PP. 65
–
80].
The listed features of a legal text that convey cognitive and emotional information
in a legal text are the dominant systemic features that should be paid attention to in
translation. Pre-translation analysis will reveal the presence of these features in each
specific text.
The language of law is heterogeneous, it combines several sublanguages: the
language of legislation, the language of bylaws, the language of law enforcement practice
(also subdivided into several types), the language of legal science, the language of legal
education, the language of legal journalism, etc. [5]. So, when analyzing the original text, it
seems necessary to determine the subgenre of the legal text; this will determine the choice
of the translation strategy for this legal text.
The translation process will also be influenced by the degree of legalization of the
legal text. N.D. Golev identifies four degrees of legalization of different types of text [4].
The highest degree of legalization, as the author writes, is created by the most
terminologized t
exts (first of all, the texts of the law, in which “everyday” words from the
natural language constitute some undesirable periphery, often considered as an inevitable
limitation of the necessary specialization of the legal language).
The average degree is found in texts related to the implementation of the law, for
example, in the texts of official correspondence created by professional lawyers. According
to N.D. Golev, in such texts, the manifestations of natural language are more regular.
The third degree
–
in texts created by non-specialists, but with a legal purpose.
These texts
“
reflect the everyday ideas of ordinary native speakers about the legal
language (its style and vocabulary) and are often the result of its kind of intuitive
imitation
”
. Here
“
naturalness
”
can concern not only units of natural language, but also the
terms themselves,
“
which can be very subjectively semanticized
”
.
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The fourth degree
–
in texts that are created outside the mindset for legal
functioning, but got into it for objective reasons, for example, in texts with vocabulary
subject to linguistic expertise, in connection with cases of verbal abuse of a person. Here,
as N.D. Golev no
tes, only “points of contact” of such texts with the law are subject to
legalization; it is necessary for the
“
translation
”
of a natural language into the sphere of the
law for its implementation.
The specificity of the translation of legal texts is determined not only by the degree
of legalization of the text, but also depends on the category, type of the translated text.
Determination of the genre composition of speech works of the legal sphere, as noted by
O.P. Sologub, is one of the topical tasks of legal linguistics [6]. Within the genre of legal text,
there are many subgenres: contracts, statutes, laws, orders, court decisions, testimonies,
examinations, claims, statements, administrative texts (departmental correspondence),
educational literature, etc. (classifications of legal texts are widely presented in the work
of M.M. Muschinina [9]). Each category of texts is distinguished by its peculiarities, which,
if possible, should be preserved in the translation.
The main characteristics of the translation of the legal text will also depend on the
type of legal text, its function and addressee. Considering the issues of legal translation by
M.M. Muschinina notes that his qualities such as accuracy, comprehensibility and good
style can often be mutually exc
lusive. So, for example, “when translating legal discussions
intended to familiarize with certain legal issues of a wide range of readers, clarity and style
may be more important than the accuracy of the transmission of information”, and “when
translating a sentence to be carried out in another country, accuracy is the most important
requirement”
[9. P. 29].
Texts from different legal fields have their own specificity of translation.
MM. Muschinina writes the following about this:
“Difficulties in translati
on arise more often if the translated text belongs to the area
in which the national and regional features of the legal system are more pronounced (for
example, procedural law, family law, administrative structure). Conversely, texts from
legal areas based on international exchange and cooperation are easier to translate (e.g.
commercial law, banking law, consumer protection). The latter can be said about some
areas of law, equally developing and emerging in states that are at approximately the same
level of socio-
economic development (for example, environmental law)” [9
. P. 28].
As you can see, when translating a legal text, it is necessary to take into account
various linguistic and extralinguistic factors that affect the specifics of legal translation:
legal terminology, its interpretation and use; “Tautological cohesion” (term by
I.S. Alekseeva), manifested in the impossibility of replacing nouns with contextual
synonyms; present tense form in active and passive voice; verbal structures of modality of
necessity and modality of possibility; various syntactic structures that unambiguously and
unambiguously convey the content; truncated impressiveness of the text; emotional
connotation of vocabulary in established verbal formulas and emotional neutrality of
syntax; the degree of legalization of the text; type and subgenre of legal text; legal area of
functioning of the text.
REFERENCES:
1.
Alekseeva I.S. Professional training of a translator: textbook. 2001.
2.
Golev N.D. Statement of problems at the junction of language and law. Barnaul:
Altai. University, 1999.
–
PP. 4
–
11.
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3.
Golev N.D. Legal communication in the mirror of natural language. Barnaul: Altai.
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–
PP. 6
–
37.
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