Specific features of translation of legal vocabulary from English to Russian (based on the novels by E. S. Gardner)
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Introduction 4
Chapter 1. Theoretical foundations of analysis of legal vocabulary 6
1.1. Definition of the concept of “term”. Diversity of approaches. Properties of
terms 6
1.2. The concept of “terminology”, “terminological system” and “terminological
field” 11
1.3. Legal term and legal terminology. The concept, properties, features,
classifications 13
1.4. Specific features of Russian and English legal terminology 17
1.4.1. Specific features of Russian legal terminology 17
1.4.2. Specific features of English legal terminology 19
1.5. The legal systems of Russia and English-speaking countries 20
1.6. Equivalence as a characteristic of translation 21
1.6.1. The concept of translation equivalence 21
1.6.2. Levels of translation equivalence 24
1.7. The concept and types of translation correspondences 28
1.8. The concept and types of translation transformations 37
Conclusions on chapter 1 41
Chapter 2. The analysis of ways to translate legal vocabulary from English into Russian in detective novels 43
2.1. Translation of terms denoting concepts of the English-language legal system
that fully correspond to the concepts of the Russian legal system 44
2.2. Translation of terms denoting concepts of the English-language legal system
that partially correspond to the concepts of the Russian legal system 55
2.3. Translation of terms denoting concepts of the English-language legal system
that have no correspondence in the Russian legal system 68
Conclusions on chapter 2 78
Conclusion 80
References 83
Chapter 1. Theoretical foundations of analysis of legal vocabulary 6
1.1. Definition of the concept of “term”. Diversity of approaches. Properties of
terms 6
1.2. The concept of “terminology”, “terminological system” and “terminological
field” 11
1.3. Legal term and legal terminology. The concept, properties, features,
classifications 13
1.4. Specific features of Russian and English legal terminology 17
1.4.1. Specific features of Russian legal terminology 17
1.4.2. Specific features of English legal terminology 19
1.5. The legal systems of Russia and English-speaking countries 20
1.6. Equivalence as a characteristic of translation 21
1.6.1. The concept of translation equivalence 21
1.6.2. Levels of translation equivalence 24
1.7. The concept and types of translation correspondences 28
1.8. The concept and types of translation transformations 37
Conclusions on chapter 1 41
Chapter 2. The analysis of ways to translate legal vocabulary from English into Russian in detective novels 43
2.1. Translation of terms denoting concepts of the English-language legal system
that fully correspond to the concepts of the Russian legal system 44
2.2. Translation of terms denoting concepts of the English-language legal system
that partially correspond to the concepts of the Russian legal system 55
2.3. Translation of terms denoting concepts of the English-language legal system
that have no correspondence in the Russian legal system 68
Conclusions on chapter 2 78
Conclusion 80
References 83
This paper is devoted to the problems of translation of legal vocabulary from English into Russian based on the materials of books of detective genre. For several decades, the interest of the readership to the literature of this genre has not waned. New works are being translated, as well as new translations of previously translated texts are being performed, since, as is known, translations age faster than original works. Legal vocabulary is often a source of translation mistakes because, firstly, it is constantly developing and changing. And secondly, the legal systems of Russia and common law countries (in particular, the USA) are different, and thus the languages of these systems differ in their own legal terms, which makes it difficult to find the necessary correspondences when translating, and these reasons determine the relevance of this study.
The scientific novelty of the study lies in the fact that for the first time the research is conducted on the material of E. S. Gardner's detective novel The Case of the One-Eyed Witness and its three published translations by E. Dmitrieva and T. Nikulina (1992), O. Lapikova (2010) and M. V. Zhukova (2021).
The object of the study is English and Russian legal terms.
The subject of the study is interlingual conceptual correspondences in the field of legal terminology in English and Russian.
The purpose of this study is to identify the specific features of translation of legal vocabulary from English to Russian on the material of E.S. Gardner's novel The Case of the One-Eyed Witness.
In order to achieve the purpose, the following objectives were set:
1) to consider the concept of “term”, “legal term”, “terminology”, “terminological system” and “terminological field”; to identify the main properties of terms; to analyze the classification of legal terms;
2) to identify the specific features of Russian and English legal terminology, as well as the specific features of the legal system of Russia and English-speaking countries;
3) to define the concept of translation equivalence;
4) to consider the classification of translation correspondences;
5) to analyze the types of translation transformations;
6) to analyze the ways of translation of legal vocabulary in the context of three translations of the above novel.
The theoretical significance of the study lies in the fact that it contributes to the development of the theory of translation correspondences on specific material, and also helps to determine the range of problems that arise when translating legal terms in detective novels.
The practical significance of the study lies in the fact that the results of the analysis of the specific features of translation of legal vocabulary based on the material of detective novels can be further used by translators in their work, serve as educational resource for students of translation faculties, as well as be useful for faculty members when developing educational programmes.
The material of the study includes174 examples of the use of legal vocabulary in the speech of the characters of Erie Stanley Gardner’s novel The case of the one-eyed witness and their translations into Russian.
The structure of this paper is predetermined by the purpose and objectives of the study and includes an introduction, theoretical and practical chapters with conclusions after each, conclusion and a list of cited references.
The scientific novelty of the study lies in the fact that for the first time the research is conducted on the material of E. S. Gardner's detective novel The Case of the One-Eyed Witness and its three published translations by E. Dmitrieva and T. Nikulina (1992), O. Lapikova (2010) and M. V. Zhukova (2021).
The object of the study is English and Russian legal terms.
The subject of the study is interlingual conceptual correspondences in the field of legal terminology in English and Russian.
The purpose of this study is to identify the specific features of translation of legal vocabulary from English to Russian on the material of E.S. Gardner's novel The Case of the One-Eyed Witness.
In order to achieve the purpose, the following objectives were set:
1) to consider the concept of “term”, “legal term”, “terminology”, “terminological system” and “terminological field”; to identify the main properties of terms; to analyze the classification of legal terms;
2) to identify the specific features of Russian and English legal terminology, as well as the specific features of the legal system of Russia and English-speaking countries;
3) to define the concept of translation equivalence;
4) to consider the classification of translation correspondences;
5) to analyze the types of translation transformations;
6) to analyze the ways of translation of legal vocabulary in the context of three translations of the above novel.
The theoretical significance of the study lies in the fact that it contributes to the development of the theory of translation correspondences on specific material, and also helps to determine the range of problems that arise when translating legal terms in detective novels.
The practical significance of the study lies in the fact that the results of the analysis of the specific features of translation of legal vocabulary based on the material of detective novels can be further used by translators in their work, serve as educational resource for students of translation faculties, as well as be useful for faculty members when developing educational programmes.
The material of the study includes174 examples of the use of legal vocabulary in the speech of the characters of Erie Stanley Gardner’s novel The case of the one-eyed witness and their translations into Russian.
The structure of this paper is predetermined by the purpose and objectives of the study and includes an introduction, theoretical and practical chapters with conclusions after each, conclusion and a list of cited references.
Currently, the translation of detective fiction remains a relevant task due to the continuing interest of the readership. In addition, new translations of previously translated texts are also in demand. This need is caused by changes in the legal systems of different countries as a result of integration and globalization, development of society, economy, culture and technology. At the same time, different countries retain the special features and uniqueness of their legal systems, and this makes the translation of legal vocabulary a challenging task.
When analyzing the material, the terms under examination were divided into three categories depending on their correspondence to the Russian legal system. It is important to note that the distribution of terms by categories was uneven: there were significantly more terms denoting the concepts of the English- language legal system that fully correspond to the concepts of the Russian legal system, than terms in the other two categories. These terms denote the basic concepts of criminal and civil law of both countries, i.e. they are the most well- known and used in any legal system.
In the course of the analysis of the specific features of translation of legal vocabulary from English into Russian on the material of E.S. Gardner's novel The Case of the One-Eyed Witness and its three translations, it was found that the most common method of translating terms was the use of an equivalent term. This is due to the fact that most of the examples in the sample were terms with stable or universal meanings, often having the same or similar original form and content in both the source and target languages and, as a rule, having regular correspondences in the target language. The second most common method of translation was the use of various translation transformations. The need to use transformations is associated with differences in the grammatical structure of the English and Russian languages, differences in the composition of parts of speech, in the structure of morphological categories and ways of their expression, and in the compatibility of words. And finally, the third way was translation by means of a functional analogue. This method was used mainly in cases of partial overlapping of scope of the concepts denoted by the terms selected for analysis. Although such equivalents often only approximately conveyed the content of the corresponding English words, in the absence of exact equivalents in the Russian language their use is justified, since they allowed the reader to get an idea of the nature of the designated object or phenomenon.
In the process of the study, three different translations were analyzed, performed with a time interval from 11 to 18 years. It is impossible to say that one of them is preferable to the other — each translation has its own advantages and disadvantages. Nevertheless, it should be noted that the first translation is characterized by a large number of omissions, in some cases completely unjustified. This involves not only omitting terms, but also entire sections of the text. Whether this was due to the translator's misunderstanding of the meaning of the statements or his subjective decision that this information was redundant remains a question for further analysis. Characterizing translation No. 3, it should be noted that, on the whole, it turned out to be the most accurate of all the translations presented. The translator tried to stay closer to the author's text and the letter of Russian normative legal acts, not to omit terms, to explain more, but sometimes this led to unfortunate mistakes, such as: distortions, inadequate translation, speech redundancy. Mistakes were rare, but they could not be overlooked. In addition, the third translation is characterized by more modern language. (For example, it features “риэлтор” rather than “маклер по торговле недвижимостью”, as in the first two translations.) This tactic solves the problem of the translation text aging faster than the original text. At the same time, a separate analysis of the use of modern vocabulary is still required to avoid the appearance of realities in the translation that did not exist at the time of creation of the text by the author...
When analyzing the material, the terms under examination were divided into three categories depending on their correspondence to the Russian legal system. It is important to note that the distribution of terms by categories was uneven: there were significantly more terms denoting the concepts of the English- language legal system that fully correspond to the concepts of the Russian legal system, than terms in the other two categories. These terms denote the basic concepts of criminal and civil law of both countries, i.e. they are the most well- known and used in any legal system.
In the course of the analysis of the specific features of translation of legal vocabulary from English into Russian on the material of E.S. Gardner's novel The Case of the One-Eyed Witness and its three translations, it was found that the most common method of translating terms was the use of an equivalent term. This is due to the fact that most of the examples in the sample were terms with stable or universal meanings, often having the same or similar original form and content in both the source and target languages and, as a rule, having regular correspondences in the target language. The second most common method of translation was the use of various translation transformations. The need to use transformations is associated with differences in the grammatical structure of the English and Russian languages, differences in the composition of parts of speech, in the structure of morphological categories and ways of their expression, and in the compatibility of words. And finally, the third way was translation by means of a functional analogue. This method was used mainly in cases of partial overlapping of scope of the concepts denoted by the terms selected for analysis. Although such equivalents often only approximately conveyed the content of the corresponding English words, in the absence of exact equivalents in the Russian language their use is justified, since they allowed the reader to get an idea of the nature of the designated object or phenomenon.
In the process of the study, three different translations were analyzed, performed with a time interval from 11 to 18 years. It is impossible to say that one of them is preferable to the other — each translation has its own advantages and disadvantages. Nevertheless, it should be noted that the first translation is characterized by a large number of omissions, in some cases completely unjustified. This involves not only omitting terms, but also entire sections of the text. Whether this was due to the translator's misunderstanding of the meaning of the statements or his subjective decision that this information was redundant remains a question for further analysis. Characterizing translation No. 3, it should be noted that, on the whole, it turned out to be the most accurate of all the translations presented. The translator tried to stay closer to the author's text and the letter of Russian normative legal acts, not to omit terms, to explain more, but sometimes this led to unfortunate mistakes, such as: distortions, inadequate translation, speech redundancy. Mistakes were rare, but they could not be overlooked. In addition, the third translation is characterized by more modern language. (For example, it features “риэлтор” rather than “маклер по торговле недвижимостью”, as in the first two translations.) This tactic solves the problem of the translation text aging faster than the original text. At the same time, a separate analysis of the use of modern vocabulary is still required to avoid the appearance of realities in the translation that did not exist at the time of creation of the text by the author...
