English - II Synopsis
English - II Synopsis
SEMESTER-II ENGLISH
I Kavya S, hereby declare that this project work titled “Role of Translation in Legal Studies”
is submitted as part of partial fulfilment of evaluation/ assessment component for this
semester. This project work is an original work and has NOT been submitted either or in part
of any degree/ diploma/ conference/ seminar/project/assignment/ journal/ blogs, of any
institution or university.
Date: 21.2.25
Signature:
ACKNOWLEDGEMENT
To begin, I would like to thank my Professor Dr. V. R. Anil Kumar for approving my topic
and encouraging me to work further. Second, I express our heartfelt gratitude to the
administrative staff of Tamil Nadu National Law University, who supported the project by
providing trustworthy information in the form of library infrastructure and interest connection
as needed. At last, I thank the Lord and my parents and friends for having stimulating
discussions with regard to the topic and giving me the confidence and energy to overcome all
obstacles while working on this project. I would also want to thank everyone who was
directly or indirectly engaged in the creation of this project and those I might have missed.
TABLE OF CONTENTS
1. Introduction……………………………………………………………..5
2. Objectives……………………………………………………………….5
3. Central Arguments………………………………………………………5
4. Aim……………………………………………………………………….5
5. Tentative Findings………………………………………………………6
6. Chapterisation……………………………………………………………6
7. Review of Literature………………………………………………………6
8. Conclusion……………………………………………………………….16
9. Bibliography………………………………………………………………..18
1. INTRODUCITON:
Translation is not just about converting words from one language to another. It is a
multidimensional process that requires the translator to convey the meaning and also acquire
the cultural knowledge. Legal language is the most complex language, containing intricate
Latin terminologies and complex sentence structure which requires prior knowledge in the
language to understand and decode it.
Due to this complex nature, the fruit of the legal language is not accessible to everyone.
Creating a barrier between the legal language and the layperson who will need it for
obtaining justice. India is a multilingual country, being home to more than 1800 languages
and 22 government recognized language. In countries like India, the complexity of legal
language is twice its natural form. The official language of the apex court is English
language, which is used at legal proceedings. And the states have their own language to
conduct legal proceedings. When the binding nature of the orders from apex court applies on
the regional courts, understanding these orders requires translation for understanding of these
orders.
Then comes the question of how much and how accurately can the legal jargons and texts be
translated. Few scholars have argued on what kind of legal translation should take place,
should the translators leave room for freedom of interpretation or should the texts be
translated literally in order to protect the meaning.
2. OBJECTIVES:
1. To understand the various aspects of translations
2. To analyse the need of translation in legal field.
3. To examine the complexities in translating and preserving meanings of legal texts.
4. To understand legal translation as an interdisciplinary subject.
5. To look into the possibility of complete translation without changing the legal
meaning.
3. CENTRAL ARGUMENT:
The central argument of this research project is to argues that translation is imperative in legal
studies. for the legal field
4. AIM:
This research project aims at highlighting the need for translation in legal studies. I also aim
act analysing the extent to which a legal text can be translated with its true meaning.
5. TENTATIVE FINDINGDS:
The tentative finding of the research is that translation serves as a medium in making legal
knowledge accessible to a diverse population, ensuring inclusivity and better access to
justice.
6. CHAPTERISATION:
7. REVIEW OF LITERATURE
1. On translation by Paul Ricoeur1
Paul Ricoeur's On Translation, published in 2006 and translated by Eileen Brennan, expounds
on certain complexities of translation as philosophical. Ricoeur considers linguistic
hospitality, the opposition between fidelity and betrayal, and the ethics of comprehension. He
states that translation is an experienced act that carries meanings of culture and existence in
addition to being a linguistic act, and the reference to untranslatability and interpretation
becomes, for Ricoeur, an opportunity for talking about the negotiation involved, for this
reason, turning his work into something important for scholars of philosophy, linguistics, and
literary studies.
1
Ricoeur, Paul. On Translation. Translated by Eileen Brennan, Routledge, 2006
2. Toward a Science of Translating: With Special Reference to Principles and Procedures
Involved in Bible Translating by Eugene A Nida2
"Translation and Law" is a research on the integral role translation plays in the legal field,
which involves access to justice for non-native speakers, according to Radegundis Stolze.
The said challenges include rigorous study of legal concepts and the ethical obligation not to
lose legality in concern, said Stolze. It is under advocacy of Stolze for doing away with the
barrier for translators and legal practitioners in standardizing the output.
2
Nida, Eugene A. Toward a Science of Translating: With Special Reference to Principles and Procedures
Involved in Bible Translating. Brill, 1964.
3
Stolze, Radegundis. “Translation and Law.” SYNAPS, no. 28, 2013, pp. 3–8
CHAPTER I
INTRODUCTION TO TRANSLATION
Translation, as a subject, deals with the act of converting or transforming text or audio from
one language to another while retaining meaning, context and cultural cues. The beginnings
of translation may be traced back to ancient civilizations, where good communication was
vital for diplomacy, trade and cultural exchange. One of the first examples of translation is
the Septuagint, a Greek interpretation of the Hebrew Bible. Similarly, the Roman scholar
Cicero stressed the need of keeping both correctness and artistic grace in translation.
Translation has long been acknowledged as a bridge between cultures, allowing the flow of
information across linguistic differences. As Paul Ricoeur argues, translation is not only
about swapping languages; nevertheless, it also entails an interpretive attempt that unites
diverse worldviews 4. Throughout history, translation has acquired a key role in the
advancement of philosophical, religious and scientific notions by rendering knowledge
available beyond its original linguistic limitations.
Translation requires a multiplicity of components, including the source and destination texts.
The original text and its translated form must preserve both coherence and accuracy. The
source and target are two important parts of translation. Furthermore, linguistic equivalence is
vital; it includes assuring lexical and syntactical precision between the languages. Cultural
adaptation is another crucial aspect: it entails addressing colloquial idioms, metaphors and
culturally particular references. However, the question of translatability vs untranslatability
occurs, since certain words and concepts may lack precise counterparts in another language,
thus forcing creative alteration. Eugene Nida’s ideas of dynamic equivalency and formal
equivalence stress two unique approaches to translation. Dynamic equivalency focuses on
transmitting meaning in a natural manner, whereas formal equivalence promotes linguistic
and structural correctness5. Although both strategies are beneficial, their implementation
might differ dependent on context and intent. This intricacy makes translation a subtle and
involved undertaking.
4
Ricoeur, Paul. On Translation. Translated by Eileen Brennan, Routledge, 2006
5
Nida, Eugene A. Toward a Science of Translating: With Special Reference to Principles and Procedures
Involved in Bible Translating. Brill, 1964.
Numerous academics have greatly affected the area of translation studies: St. Jerome (347-
420 AD) is known as the patron saint of translators, notably for his work in rendering the
Bible into Latin (the Vulgate) 6. John Dryden (1631-1700) created a taxonomy of translation
that covers three separate types: metaphrase (which is literal), paraphrase (which is based on
sense) and imitation7. And many other famous translation scholars have contributed to the
discipline of Translation studies.
CHAPTER II
Legal translation lies at the interface of law and language, demanding accuracy, cultural
sensitivity, and understanding of legal systems. Unlike literary translation, where creative
risks may be made, legal translation necessitates exactitude to prevent ambiguity in court and
legislative situations. As Stolze notes, legal translation entails a “duplicity of views,”
combining language correctness with legal equivalency 8. Legal translation is crucial in
international law, as treaties, contracts, and judicial opinions must be correctly represented
across languages. Comparative law academics highlight that law is “alive in language,”
meaning that interpreting legal documents involves a grasp of both linguistic structures and
legal traditions 9. Legal translation is employed in different fields, like treaties and
international agreements and more that are listed below:
Treaties and International Agreements: Institutions like the United Nations and the European
Union require multilingual legal texts to achieve consistent interpretation 10.
Legislation and Statutory Law: Laws must be translated for application in multiple
jurisdictions, especially in bilingual and multilingual nations.
Judicial Proceedings: Court decisions and legal evidence sometimes require translation for
cross-border litigation and international arbitration.
Contracts and Business Transactions: In global trade, contracts must be translated correctly to
minimise legal issues originating from misunderstanding.
6
"Translation." Wikipedia, The Free Encyclopedia, Wikimedia Foundation, [insert access date],
https://en.wikipedia.org/wiki/Translation.
7
"Top 10 Famous Translators of All Time." Circle Translations, 21 Jan. 2025,
https://circletranslations.com/blog/top-famous-translators.
8
Stolze, Radegundis. “Translation and Law.” SYNAPS, no. 28, 2013, pp. 3–8
9
Stolze, Radegundis. “Translation and Law.” SYNAPS, no. 28, 2013, pp. 3–8.
10
Farrokhi, Mansour. “The Role of Legal Translation in the Interpretation of International Law Documents.”
Russian Law Journal, vol. 7, no. 1, 2019, pp. 55–86.
As globalization extends legal relations, the function of legal translators has become even
more vital. The European Union, for instance, demands that legislative materials be
translated into all 23 official languages, guaranteeing legal homogeneity between member
states11. Legal translation remains a vital profession, facilitating cross-border legal
collaboration, assuring access to justice, and safeguarding the integrity of international law.
The intricacy of legal language, with its specialist terminology and cultural particular, creates
problems that legal translators must traverse carefully.
CHAPTER III
Legal translation is sited at the intersection of three formidable disciplines: legal studies,
translation studies, and linguistics. Each of these disciplines adds separate but complementary
components that are both necessary for the legitimate translation of legal materials. Law
introduces the substantive content and structures that govern the life of nations, while
translation studies provide concrete methodological considerations to properly render texts
from one language to another. Whereas linguistics goes further to specify the analytical tools
required to navigate the complexities that arise in legal language in a way that ensures both
accurate and contextually relevant translations.
The role of legal studies in legal translation is self-evident. Legal translators work with texts
that carry legal significance, such as contracts, legislation, court opinions, and treaties.
Understanding the legal principles, traditions, and systems of both the source and destination
languages is vital to ensuring the correctness and functioning of the translated content.
Without a good basis in legal studies, translators risk misinterpreting or misrepresenting legal
principles, perhaps leading to legal consequences. Moreover, various legal systems—
common law, civil law, and hybrid legal systems—employ diverse terminology and
conceptual frameworks. Comparative law, a sub-discipline of legal studies, plays a
significant role in bridging gaps across legal systems by discovering equal or related legal
ideas. As Prieto Ramos emphasises, the integration of legal theories and comparative legal
research into translation approaches is a characteristic of legal translation studies 12.
11
Farrokhi, Mansour. “The Role of Legal Translation in the Interpretation of International Law Documents.”
Russian Law Journal, vol. 7, no. 1, 2019, pp. 55–86.
12
Legal Studies
Prieto Ramos, Fernando. Legal Translation Studies as Interdiscipline: Scope and Evolution. Meta, vol. 59, no. 2,
2014, pp. 260–277. Les Presses de l’Université de Montréal, https://doi.org/10.7202/1027475ar.
Translation studies give key frameworks and approaches for translating meaning across
languages while keeping the function of the text. The functionalist method in translation
studies, which stresses the aim of the translated text, is particularly significant in legal
translation. Scholars have suggested that legal translation should not be a mere word-for-
word rendition but rather an act of interlingual communication that respects legal equivalence
and textual function13. Additionally, translation studies educate translators with ways to face
issues such as ambiguity, polysemy, and cultural differences, which are prominent in legal
writings. The process of translating also entails decision-making at multiple levels, from
lexical selections to syntactical rearrangement, to ensure that the legal meaning is effectively
represented without affecting the intended impact of the original text.
Without language knowledge, it is practically difficult to translate legal writings with the
essential clarity and coherence. Legal linguistics, a subfield of applied linguistics, provides
techniques for studying legal conversation, including text linguistics, pragmatics, corpus
linguistics, and contrastive analysis. Legal writings typically display high degrees of
intertextuality, indicating that legal translators must evaluate references to other legal texts
and sources while translating14. Furthermore, pragmatic issues, such as speech actions and
legal performativity, are vital in ensuring that the translated text keeps its intended power
within the legal context.
Terminology management is another key element where linguistics plays a vital role. Legal
translators must handle difficulties of equivalence, false cognates, and culturally unique
terminology that lack clear equivalents in the target language. The significance of
terminology databases and corpus-based research is increasingly stressed in legal translation
studies to ensure consistency and correctness in legal discourse 15.
Legal translation cannot exist as a single study; it flourishes at the crossroads of law,
translation studies, and linguistics. Without legal competence, translators would be unable to
comprehend the subtleties of legal papers. Without translation procedures, legal material
could not be correctly conveyed between languages and legal systems. Without linguistic
analysis, the intricate structure and semantic layers of legal writings would remain opaque.
Legal Translation Studies has arisen as a recognized topic precisely because of its
13
Šarčević, Susan. New Approach to Legal Translation. Kluwer Law International, 1997.
14
Mattila, Heikki E. S. Comparative Legal Linguistics: Language of Law, Latin and Modern Lingua Francas. 2nd
ed., Routledge, 2013.
15
Mattila, Heikki E. S. Comparative Legal Linguistics: Language of Law, Latin and Modern Lingua Francas. 2nd
ed., Routledge, 2013.
multidisciplinary nature. Disciplines typically arise at the intersections of existing areas, and
legal translation is a notable example of this phenomenon 16. The confluence of these
disciplines guarantees that legal translators are not just language specialists but also skilled
legal communicators who grasp the ramifications of their work.
Legal translation is an essentially multidisciplinary subject that requires the combined skills
of legal studies, translation studies, and linguistics. This chapter has showed that these three
disciplines offer crucial components to the practice and research of legal translation. The
function of linguistics is particularly crucial, as it offers the analytical skills necessary to
analyse and transfer legal meaning between languages with precision. Legal translation
without linguistic insights would be unreliable, just as it would be inefficient without
understanding of law or translation processes17. Understanding legal translation as an
interdisciplinary discipline promotes its academic credibility and ensures that professional
legal translators are well-equipped to manage the intricacies of their work.
CHAPTER IV
The translation of legal materials involves special issues that transcend beyond simply
language conversion. Legal translation demands precision to keep the original content while
adjusting the text to match the legal system and cultural environment of the target language 18.
Legal translation is complicated due to the specialized vocabulary, structural variations in
19
legal systems, and the performative aspect of legal language . Unlike other types of
translation, legal writings are system-bound, meaning their language, concepts, and syntax
16
Chesterman, Andrew, and Emma Wagner. Can Theory Help Translators? A Dialogue Between the Ivory Tower
and the Wordface. St. Jerome Publishing, 2002.
17
Prieto Ramos, Fernando. "Legal Translation Studies as Interdiscipline: Scope and Evolution." Meta:
Translators’ Journal, vol. 59, no. 2, 2014, pp. 260–277. Érudit, doi:10.7202/1027475ar.
18
Cao, Deborah. Translating Law. Multilingual Matters, 2007.
19
Monzó-Nebot, Esther. "Translation and Culture in Legal Settings and Institutions." The Routledge Handbook
of Translation and Culture, edited by Sue-Ann Harding and Ovidi Carbonell Cortés, Routledge, 2018, pp. 463-
482.
are strongly related to a specific legal system 20. This absence of general equivalence between
legal terminology in various languages leads to substantial issues.
One of the fundamental concerns is the absence of clear equivalency between legal words.
As emphasised by White, legal discourse functions under unspoken rules that are difficult to
interpret explicitly21. For example, the term "consideration" in common law contracts does
not have a clear equivalent in civil law systems, making translation particularly challenging.
Legal translators must combine accuracy with readability while ensuring that the translated
material stays authentic to the source. Legal documents do not exist in a vacuum; they are
profoundly based in cultural traditions and social values. The cultural factor of legal
translation is especially significant, as different legal systems have evolved within diverse
historical and sociocultural frameworks22. The legal ideas and values ingrained in a legal
system may not necessarily correspond with those of another culture, resulting to
interpretation issues.
One of the fundamental issues in making legal translation clear and meaningful in a cultural
setting is that legal norms and frameworks differ greatly among civilisations. A phrase or
legal notion that is generally known in one jurisdiction may not exist in another, requiring
significant explanation or even adaption. This procedure, known as cultural localization,
necessitates that translators not only have linguistic skills but also extensive cultural and legal
expertise. For example, in certain cultures, family law lays considerable emphasis on
collective family rights, but in others, individual autonomy is valued. Translating legal
papers dealing with such concerns involves careful discussion to ensure the meaning is kept
without affecting the intended legal consequence.
Another key difficulty is the diversity in legal writing styles among cultures. Some legal
systems, such as those founded on common law, encourage elaborate and highly technical
legal terminology, while others, such as civil law traditions, value clarity and brevity 23.
20
Engberg, Jan. "Comparative Law for Translation: The Key to Successful Mediation between Legal Systems."
Legal Translation in Context: Professional Issues and Prospects, edited by Anabel Borja Albi and Fernando
Prieto Ramos, Peter Lang, 2013, pp. 9-25.
21
White, James Boyd. Justice as Translation: An Essay in Cultural and Legal Criticism. University of Chicago
Press, 1990.
22
Neather, Robert. "Museums, Material Culture, and Cultural Representations." The Routledge Handbook of
Translation and Culture, Routledge, 2018, pp. 361-378.
23
"Introduction to the Study of Comparative Legal Models." Routledge,
https://www.routledge.com/rsc/downloads/ATQ46_K26986_Sample.pdf.
Furthermore, legal documents typically incorporate culturally distinctive allusions, such as
idioms, past legal precedents, and culturally entrenched concepts. These features may not
have exact equivalents in the target language, forcing translators to include footnotes,
comments, or explanatory translations. In some circumstances, translators may need to
confer with legal authorities to identify the most suitable translation of a phrase or idea while
keeping legal validity
CHAPTER V
To put the theoretical understanding into play, here we try and interpret a judgment in two
different languages, the source and the target. A part from the case of K. CHINNAMMAL
(DEAD) THR. LRS. v. L. R. EKNATH & ANR 27, as been taken in both Tamil and English.
The objective of this analysis is to demonstrate that the Tamil judgment is just as lucid as its
English equivalent.
By comparing the two editions of the judgment in Tamil and English, one can say that a legal
text retains its structural integrity. Although English legal documents typically employ heavy
complex sentences with Latin legal terminology, the Tamil translation has rendered these
legal concepts quite structured and precise. This is ''the duplicity of views that legal
24
Gémar, Jean-Claude. "Legal Translation: Language, Culture, and Equivalence." Meta: Journal des Traducteurs,
vol. 47, no. 2, 2002, pp. 163-176.
25
Grasso, Arianna. "Legal Translation and the EU Terminological Resources: An Imperfect Match." Criminal
Proceedings, Languages, and the European Union: Linguistic and Legal Issues, edited by Francesca Ruggieri,
Springer, 2014, pp. 71-81.
26
Berk-Seligson, Susan. The Bilingual Courtroom: Court Interpreters in the Judicial Process. University of Chicago
Press, 1990.
27
K. Chinnammal (Dead) Thr. Lrs. v. L. R. Eknath & Anr. Civil Appeal No. 3626 of 2023, Supreme Court of India
28
translation embodies: linguistically correct and legally equivalent" . The Tamil iteration
preserves the legal argument's way while making it relevant linguistically and culturally for
Tamil-speaking legal practitioners and the viewing public.
Preserving the exact meaning of legally defined expressions presents the primary difficulty in
the field of legal translation. For the Tamil translation of the judgment, it was important that
crucial legal terminologies like "adverse possession," "locus standi," and "decree of specific
performance" were either direct transliterations or the best equivalents with functional value
in Tamil law. This adheres to Eugene A. Nida's theory of ''dynamic equivalence," which
"should emphasize the effect translating will produce upon its recipients" and "the meaning,
29
rather than the words" . Satisfactory maintenance of that meaning in the Tamil version
entails not really sabotage of its legal meaning.
Legal discourse is entirely culture-bound; hence, for translation to maintain the legal
significance of the original, it must bridge cultural gaps. The Tamil translation adapts a
number of these terms and idiomatic expressions to fit Tamil legal parlance. The effect of
certain English idioms and Latin maxims were substituted for Tamil equivalents, which
proved to be of equal legal significance. This makes it clear that the Tamil version is not
merely a linguistic imitation but a fully functional legal document for its audience.
The Tamil version of the judgment, far from losing meaning in translation, remains lucid and
open to Tamil-speaking legal practitioners and anyone else interested. Like stated by Paul
''Translation is not just an exchange of words but an act of interpretation that fosters
understanding across linguistic divides'' 30The Tamil judgment achieves that by and trying to
capsulate the meaning.
CONCLUSION
Translation is an integral part of legal studies, an intermediary that helps ensure accessibility,
clarity, and justice through languages. Legal language's technicality, along with its
jurisdictional and cultural variance, is a serious obstacle to translation. Yet, through an
organized process blending legal, linguistic, and translation studies, this can be overcome.
28
Stolze, Radegundis. “Translation and Law.” SYNAPS, no. 28, 2013, pp. 3–8
29
Nida, Eugene A. Toward a Science of Translating: With Special Reference to Principles and Procedures
Involved in Bible Translating. Brill, 1964.
30
Ricoeur, Paul. On Translation. Translated by Eileen Brennan, Routledge, 2006
This research emphasizes the significance of law translation, reinforcing that effective
translation preserves not only the words but also the intent and authority of legal documents.
Legal translation is not a language exercise but a natural requirement within a multilingual
legal system like India. The study reiterates that while absolute translation equivalence is
difficult to achieve, techniques such as dynamic equivalence and cultural adaptation help
maintain the essence of legal communication. The translated judgments case study supports
the fact that legal documents can be made to express their meaning, organization, and
function in other languages without legal loss of essence.
In conclusion, legal translation is an interdisciplinary field that promotes justice and diversity.
The need for precise legal translation grows with the growth of globalization and
interdependence between legal systems. Future research can further explore technology
advancements, such as AI-produced legal translations, to enhance efficiency without
sacrificing accuracy. Lastly, translation is inevitable in law so that justice will not be
misplaced in language.
BIBILIOGRAPHY
5. White, James Boyd. Justice as Translation: An Essay in Cultural and Legal Criticism.
University of Chicago Press, 1990.