Contextualizing translation decisions in legal system-bound and international multilingual contexts

Abstract

The present study uses the notion of frames as a model of concept representation to map the investigation process in three criminal justice realities: the Algerian, Egyptian and French Criminal Procedure. Specifically, the mapping of the investigating process is carried out with the aim of examining conceptual variations when national laws interact with one another and highlighting problems of contextualization in translation. The study shows that, when considering legal translation from an international perspective, all instances of reciprocal connection between laws and international multilingual legal communication should be examined in order to present relevant contextual variables in translation. This approach brings to light specificities at the procedural level that the legal translator and legal expert must be aware of in determining the translation situation, if conceptual inaccuracies, terminological discrepancies and awkward calques are to be avoided.

Translation in pre-trial phases of the judicial process: developing a norm-based framework to train translators working into Arabic

“…While there are different techniques to cope with concept variations or gaps, the consistent designation of the source concept should be a priority in order to ensure that the message is accurate and intelligible. In fact, we have to be mindful that doubt and ambiguity arise from persistent attempts to find equivalents for all source concepts that have no legal referent in the receiving culture (Halimi 2017). In addition to that, one should realise that law "reflects society's mentality, tolerance, knowledge, social perceptions" (Wagner et al 2020, 260) which are key parameters to understanding any message formulated in legal languages.…”