Linguistic rules applied in the interpretation of legal norms

• Author: Banciu Viorica - Florian Delia-Stefania
• Position: University lecturer, Ph.D., University of Oradea, The Faculty of Social Humanistic Science - University lecturer, Candidate to PhD, AGORA University Oradea, Faculty of Law and Economics, Law Department
• Pages: 16-18

LINGUISTIC RULES APPLIED IN THE INTERPRETATION OF

LEGAL NORMS

Banciu Viorica

∗

∗∗

∗

Florian Delia-Ştefania

∗

∗∗

∗∗

∗∗

∗

Abstract

Considering that legal language is a technical language with particularly close ties to

the common language, and culture, the experience in the field of translation and interpreting

of legal texts needs a framework of linguistic theory, methods and strategies receiver oriented

and also in accordance with the era of globalization and multilinguism.

The work of these legal translators can be affected by the communicative aspects of

reception in bilingual and multilingual jurisdictions. The success of an authenticated

translation depends on its interpretation and application in practice it is important for us to

encourage interaction between translators and the judiciary.

Key words: globalization, translation, framework, theory, interpretation

Introduction

According to Berteloot

1

there has been a growing interest in legal translation,

especially over the past ten years. This interest, from different points of view, is shared

between linguists and lawyers and it is a result of globalization. Years ago both lawyers and

linguists attempted to apply the rules of general translation to legal texts namely Catford‘s

concept of situation equivalence

2

Nida’s theory of formal correspondence

3

, and also

Vermeers’s skopos theory.

Legal translation requires a special theory

4

and also new special methods and

techniques and also a theoretical framework, practice oriented. Legal translation needs to be

considered an act of communication in the mechanism of law.

Law, legal translations and culture

The translation of legal texts should be receiver oriented. In the age of globalization

and multilinguism focusing on the reception of parallel texts in the mechanisms of the law,

showing how legal texts authenticated in two or more languages are interpreted and applied

by courts in various plurilingual jurisdictions.

Legal translators are confronted with the asymmetry of legal systems, the relativit y of

concepts, and have to deal with inconsistent categorizations and classifications. The tasks of

the legal translators as cultural mediators is to communicate information about the foreign

law specifically taking into account the target audience in order to avoid misunderstandings.

The work of these legal translators can be affected by the communicative aspects of reception

∗

University lecturer, Ph.D., University of Oradea, The Faculty o f Social Humanistic Science,

tigerconf@gmail.com

∗∗

Uni versity lecturer, Candidate to PhD, AGORA University Oradea, Faculty of Law a nd Economics, Law

Department, delia_stefi@yahoo.com

1

Berteloot, Pascale (1999), Der Rahmen juristischer Ubersetzungen, in G-R de Groot and Schulze, R, Recht

und Ubersetzen, Nomos, Baden-Baden.

2

Kielar Barbara (1977), Language of the Law in the Aspects of Translation, Warszawa, W ydawnictwa

Uniwersytetu Warzawskiegi.

3

Weisflog, Walter (1996), Rechtsvergleichung und juristische Ub ersetzung, Zurich, Scultess.

4

Weston, Marin (1991), An English Reader’s Guide to the French Legal System, New York, Oxford, Berg.