Legal Translation and
Terminology
30/11 - 2/12, 2007
Zagreb
Principles of terminology for legal translators
Peter Sandrini
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Peter Sandrini
Biographical Notes
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Research Areas
 Terminology
 Translation of Legal Texts
 Globalization
 Localization of Websites
 Translation Technology
 Languages DE IT EN
Position: Assistant Professor at the University of
Innsbruck, Austria
www.petersandrini.net
Peter Sandrini
Overview
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Part 1
 Basic concepts of Terminology
 What makes Legal terms special?
 How can we compare legal terms?
Part 2
 How to compile a legal terminology collection?
 Terminology management
 Legal Terminology databases
Peter Sandrini
What is a term?
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A word that is used in specific contexts for a specific
meaning
Designation of a defined concept in a special
language by a linguistic expression (ISO 1087)
Examples
Peter Sandrini
Concepts
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A concept is an abstract idea or a mental symbol (unit of
thought), typically associated with a corresponding
representation in a language or symbology, that denotes
all of the objects in a given category or class of entities,
interactions, phenomena, or relationships between them
(knowledge unit).
Peter Sandrini
What is an object?
ISO 1087:
object: Any part of the perceivable or conceivable
world
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Peter Sandrini
Semiotic triangle in
terminology
Suonuuti, Heidi (1997): Guide to Terminology. Nordterm 8
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Functions of Terminology
knowledge
transfer
content
term
(cognition and knowledge)
(communication)
object, concept
representation
of object/concept
Terminography
(Termbanks)
Knowledge-based Systems
Information&Documentation
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What is terminology
Terminology:
interdisciplinary field of study, which analyses the
concepts and objects of a special subject field and the
representations assigned to them, studies the systematic
recording of concepts and representations as well as the
relations between them.
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Discipline = Specialized Knowledge
Without Terminology – no Knowledge
Without Knowledge – no Terminology
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What is a legal term?
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Read the Text (n° 1) and highlight all legal
terms
Judgement on case c440/00 Kühne&Nagel
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What is a legal term?
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A term that is used in a legal context for a
specific meaning
terms are representations of legal
knowledge units (concepts)
Peter Sandrini
Context
Semasiological approach: terms depend on linguistic
context
onomasiological approach:
terms are independent of linguistic context, but
Terms are defined by concept systems
and legal terms are defined by a legal frame of reference
or a legal context (intertextuality)
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Division between LGP and LSP
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What is a legal concept?
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legal knowledge units
result from a process of discussion, public debate,
legislation with the aim of regulating the interaction of
humans (civil law) or of controlling people's behaviour
(penal law)
or from the abstraction of the general features from a
large number of „real-life-situations“ (entities,
interactions, phenomena, or relationships between
them)
concepts originate from a system of moral values,
and thus are part of a culturally rooted knowledge
system, the legal system
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There is no legal term
outside a legal system
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System-Bound Terms
(CAO's distinction)
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Legal System-Bound Words
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Words associated with the legal profession
(lawyer, attorney, solicitor, barrister, advocate, etc.)
Words associated with courts
(Magistrate's Court, High Court, hierarchy of courts, etc.)
Words associated with areas of Law and Institutions
(law of obligation in Civil Law, equity in English Law, etc.)
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Peculiarity of legal
communication
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Independent communicative settings
hence legal concepts as part of a legal system
Prescriptive character
hence prescriptive concepts and importance of
definitions
Transdisciplinarity
hence terms from different subject fields with a distinctive
legal meaning alongside typical legal terms
Plurality of addressees
hence in many cases easy understandable generallanguage terms but with a strict legal definition
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Legal definitions
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Definitions are system-bound
They have the purpose to clearly differentiate concepts
Link concepts to other concepts
Open definitions in law
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Open definitions
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“No vehicles are permitted in the park”
Open-textured concepts
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LEGAL Definition: (STATUTES OF CALIFORNIA)
653k: Every person who possesses in the passenger's or driver's area of any
motor vehicle in any public place or place open to the public, carries upon his
or her person, and every person who sells, offers for sale, exposes for sale,
loans, transfers, or gives to any other person a switchblade knife having a
blade two or more inches in length is guilty of a misdemeanor.
For the purposes of this section, "switchblade knife" means a knife having the appearance of a pocketknife and includes a
spring-blade knife, snap-blade knife, gravity knife or any other similar type knife, the blade or blades of which are two or
more inches in length and which can be released automatically by a flick of a button, pressure on the handle, flip of the
wrist or other mechanical device, or is released by the weight of the blade or by any type of mechanism whatsoever.
"Switchblade knife" does not include a knife that opens with one hand utilizing thumb pressure applied solely to the
blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that
provides resistance that must be overcome in opening the blade, or that biases the blade back toward its closed
position.
Bill SB 274, clarifies the definition of a one-hand opening knife so they are not wrongly classified as switchblades. Bill SB
274 clearly states: For the purposes of this section, switchblade knife means a knife having the appearance of a
pocketknife and includes a spring-blade knife, snap-blade knife, gravity knife or any other similar type knife, which can
be released automatically by a flick of a button, pressure on the handle, flip of the wrist or other mechanical device, or
is released by the weight of the blade or by any type of mechanism whatsoever. Definition of Switchblade knife does
not include a knife that is designed to open with one hand utilizing thumb pressure applied solely to the blade of the
knife or a thumb stud attached to the blade, provided that the knife utilizes a detent or other mechanism that (a)
provides resistance that must be overcome in opening the blade, or (b) biases the blade back toward its closed
position. In order to ensure that only legitimate one-handed opening knives are covered, SB 274 narrows the language
to only allow knives to fall under the exemption from the switchblade law if that one-handed opening knife contains a
detent or similar mechanism. Such mechanisms ensure there is a measure of resistance that prevents the knife from
being easily opened with a flick of the wrist. Moreover, a detent or other mechanism is prudent and a matter of public
safety as it will ensure that a blade will not inadvertently come open.
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Uncertainty
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Causes for Indeterminacy of legal concepts:
 Social and moral value system in law
 Deliberate indeterminacy
 Coincidental indeterminacy
fair use, negligence, reasonable person, good faith, bona
fide, emergency
Wichtiger Grund, Ermessen, Zumutbarkeit, Treu und
Glauben, Verhältnismäßigkeit
Buon costume, diligenza, interesse pubblico, misura
notevole
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Conceptual differences
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DE „klar und verständlich“
EN „clear and comprehensible“
IT „chiaro e comprensibile“
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Ideal of Univocity
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One term = one concept
Meaning that a term always refers to one concept and
thus always has the same meaning, is unambiguous and
precise
Bi-univocity
the context is represented by one term only and this term
refers exclusively to this concept
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Polysemy
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lexical ambiguity, i.e., the ambiguity of an individual
word that can be used - in different contexts - to
express two or more different meanings
External polysemy
Internal polysemy
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External Polysemy
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LGP-words can be used as legal terms
representing a specific legal concept
Ordinary Meaning vs. Legal Meaning
the LGP-meaning of the word used as a legal term
should be disregarded
or at least be used only as a starting point.
Problem for the communication with non-legal experts
(Beispiel Leihe Darlehen)
General assumption: every term used in a legal text
refers to a legal concept
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Internal Polysemy
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A legal term represents more than one
legal concept in different legal settings
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terms used with different definitions in specific
areas of law, e.g. penal, administrative or civil
law
Importance of knowing to which legal branch
the text belongs
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Relative univocity
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a term refers to one concept in a specific context
it is defined for a specific purpose in a legal context
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Equivalence
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Conceptual correspondence
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Equivalence in Linguistics
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Onomasiological approach
Identity of content
Semasiological approach
Identical usage in texts and language
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Criteria of equivalence
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definition (intension and extension)
position in concept system (conceptual context)
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but not:
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language-based features e.g.
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textual usage
geographical restrictions
style
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Equivalence
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The preeminent goal of descriptive terminology is to
describe relations between the concepts of a defined
subject field and to identify the terms in two or more
languages which designate one concept. [Cole
1993:400]
Conceptual correspondence
where two terms can be considered equivalent when all
concept characteristics overlap, i.e. in cases of
conceptual identity (Arntz/Picht 1991:155)
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Equivalence in legal terminology
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Two languages to designate one concept = multilingual
legal system
Terms and concepts from different legal systems = no
conceptual equivalence
Comparison of concepts leads to translation options
Peter Sandrini
Literature on Legal Terminology
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Introductions on Terminology
 Budin, G; Wright, SE (2001): Handbook of
Terminology Management. John Benjamins,
Amsterdam.
 Arntz, R.; Picht, H.; Mayer, F.: Einführung in die
Terminologiearbeit. Hildesheim: Olms
Legal Terminology
 see literature list
Peter Sandrini