Translated from Spanish by: Marta González Espada
In our globalised and interconnected world, translation is a rising need that involves a great variety of specialisations: science, literature, tourism, trade… All of them require more and more translation work, and, obviously, law is not an exception. When countries’ regulations interact most, the translation of legal texts (contracts, acts, judgements…) requires the utmost diligence to make them travel from a language to another without losing precision and meaning.
In this article, we will explore the real meaning of one of the most traditional specialisations in this area: legal translation. We will discover some of the most interesting challenges, and look at some very important real examples.
The difference between legal translation and sworn translation
First things first. Although they are sometimes used as synonyms, “legal translation” and “sworn translation” concepts are actually different things: even though they are related, legal translation includes the translation of any text that has to do with law, while sworn translation is an official translation. A sworn translation is certified by a sworn translator, who certifies that the translation is accurate in its content. Although there are many situations where a legal translation may also need to be sworn, the truth is that these are not mutually dependants.
To be a legal translator you are not required to be a sworn translator, title awarded by the Ministry of Foreign Affairs after passing an exam, but you do need to have deep knowledge of comparative law. Talking both languages fluently is not enough, you also need to have a thorough understanding of the legal system of both countries.
Some common texts of legal translation
Informative texts
The simplest example of legal text is an informative text. These texts inform about the reality of law, and different legal and judicial situations, so this modality would be very helpful for a jurist, or a law firm, wishing to go international.
Law manuals
In a similar way, an educational text aimed at future experts in law and advocacy can benefit from a quality legal translation. Think, for example, of handbooks of law for students following a bilingual curriculum.
Legislative texts
As we mentioned at the beginning, in a globalised world, nations cooperate and communicate. This leads to different situations that require the translation of the legislation of one country to the language of another. We can find an example of this kind of international cooperation (as we already saw in this article) in every official documentation of the European Union, since the EU adheres to a number of comprehensive protocols that assure that every citizen of a member state can access this documentation in their native language.
Contracts
When language is a barrier to entering a contract, the legal translator comes into play. To assure that the parties properly understand the terms and conditions of a document, it is usually written in a bilingual form or it includes an annex with a faithful translation. This could be the case of a collaboration contract among companies of different countries, or for international athletes, for instance.
Judgements
Translating legal judgements can be very useful, and even required, in several contexts: for reasonsof transparency, international compliance, revision and appeal, to follow international media cases… There are many reasons why the translation of a judicial decision is required, and the legal translator has to do a good job in order to convey its topicality correctly.
Translation problems specific to legal translation
We have seen some examples of the documents subject to legal translation, but what about the translation process? Now we will see some of the most common translation problems when translating this type of texts.
Impossible equivalences
As everyone knows, legal systems are complex. No matter how much legal translation and interpreting professionals deve into them, inevitably, there are cultural elements without an exact equivalent in one or the other. We find a remarkable example of this among the European systems of the civil law, that stem from the Roman law, and the common law, heir of some very different cultural uses in that aspect. In English we talk about “common law”, and in Spanish it is translated as “derecho anglosajón”, a translation that aims to convey, above all, the semantic, the meaning.
Names of institutions
Similarly, institutions that make up the law systems are also destined to be specific of each of them, which can raise doubts in the adaptation process from one language to the other. Since these institutions’ names usually inform of their jurisdiction place, the original version is kept in most cases. This is the case of “Queen’s Bench” in the United Kingdom, which remains untouched instead of as “Banco de la Reina.”
Titles of laws
If legislative texts are a fascinating object of translation, as we mentioned, something similar happens with their titles. Generally, they must not be modified unless there is an official translation already, and thus, translators are required to do a very demanding documentation work. Whether there is an official translation or not, the name in the source language is usually included. The biggest difference is that, when there is not a pre-established translation, a literal translation of the document’s title is often offered for informational purposes. The purpose is always transparency, and the priority is always the correct transfer of information.
In conclusion
We can confirm that legal translation, even if it is different from sworn translation, presents diversity and difficulties in equal parts. As in any other specialisation, every professional legal translator and interpreter has to keep informed and up to date not only with the latest news, but also with the classic conventions. All the more given the importance of legal systems in the world, and the consequences that could be unleashed as the result of an imperfect work.
In Lingua Int we understand the importance of effective and clear communication among languages and cultures. We offer specialised translation services adapted to all linguistic needs, in order to eliminate those linguistic barriers so you can communicate without borders.
If you have a legal translation project in mind, do not hesitate to contact us, we will be happy to help you. You can also find us in social media: LinkedIn, X, Instagram or Facebook.
