Translation Criticism - A Model For Assessing The Translation of Legal Texts PDF

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Translation Criticism: A Model for Assessing the Translation of Legal Texts
Al- Mustansiriyah University

College of Arts
Dep. Of Translation
Translation Criticism: A Model for

Assessing the Translation of Legal Texts
A paper Submitted by
Mehdi F. al Ghazalli (Assistant Lecturer)
Jan. 2005
1
Contents
Headings Page
1.0 Different Views of "Register" (1 2)
1.1 Distinctive Features of Legal Register (2 4)
1.1.1 The Layout (2 3)
1.1.2 The Syntactic Frame of LR (3 4)
1.1.2.1 Sentence Linkage 3
1.1.2.2 Sentence Types (3 4)
1.2 Lexis in Legal Texts (4 5)
1.3 Classification of Legal Texts (5 7)
1.4 Legal text Translator's Qualifications (7 9)
1.5 Analysis of the Legal STs (10 12)
1.6 Analysis of the Legal TTs (12 15)
1.7 A Comparison of the STs and the LTs (15 17)
1.8 A Comparison of the STs with Arabic Legal Texts (17 18)
1.9 Conclusions 19
Notes 20
Appendices (21 -38)
References (39 40)
2
Abstract
The present paper is concerned with suggesting a model for

assessing the translation of legal texts. To achieve this aim, a
theoretical survey of the various positions held on the concept of
register has been made to find out which position is better to
adopt. Then, the distinctive features of the English legal register
have been outlined. These features have formed the bases on
which the model under consideration has been constructed. The
features can be grouped into three main classes: the layout, the
syntactic and the semantic features. To find out whether or not
the translator of legal texts succeeded in choosing the suitable
translation method, a brief review of the classification of legal
texts (as categorized by translation theory specialists) has been
done. Moreover, two untranslated Arabic texts have been
considered to uncover the influence, if any, of the target
language (TL) legal texts on the translation of the source
language (SL) texts .
It is assumed that some translation drawbacks may be
attributable to the carryover from the TL as far as how the
framework of its legal texts is concerned. In addition, some
features of the SL legal texts seem to be untranslatable due to
the absence of their counterparts in the TL.
3
To validate the two assumptions above, three English legal

texts with their translated counterparts have been chosen and
analyzed. The analysis has been done in the light of the model
already proposed.
Having been made, the analysis has shown some results (cf
1.9). Some syntactic defects in the TTs have originated from the
impact of the TL and the way the legal texts are framed in it.
Moreover, some layout and semantic features (e.g.,
capitalization, archaism) have remained untranslated owing to
the absence of their counterparts in the TL. As for the
limitations the present paper, the data is small in quantity to
substantially enhance the findings of the study. Expansion of the
data may reveal other features of the STs and the TTs as far as
legal discourse is concerned. Moreover, some features of the
proposed model may be added or deleted.
1.0 Different Views of "Register"

The term register as used in stylistics and sociolinguistics
has been defined differently by specialists. Crystal (1997: 327)
defines it as a variety of language defined according to its use in
social situations (e.g., register of scientific, religious formal
English). Halliday (1978: 33) subclassifies registers into field
(i.e., subject matter), mode (i.e., medium of language whether
4
spoken or written) tenor (depending on relations between

participants, specially the level of formality they adopt). As
defined by Bell (1976: 114), register is "a role related code
i.e., a change is the formal linguistic marker of a change of role
and the converse". Werlich (1982: 253) holds a more general
view of the notion:
Register is a social role activity of language use

in that the communicant's utterance is
determined by a set of linguistic features which
reflect speech habits associated with social roles
at a particular time. The use of registers is
restricted by conventions in all non fictional
text forms in the written medium.
After presenting the above definitions, it is thought that
Werlich's is more suitable to the present model. This is due to
the idea that Werlich's definition is more comprehensive and
straightforward to apply to legal register (LR). Like any other
register, legal written discourse(1) is distinguished by a set of
linguistic features reflecting the written conventions followed in
the LR.
1.1 Distinctive Features of Legal Register

1.1.1 The Layout
The format that a legal text assumes differs from the
majority of text types (e.g., scientific, religious ) in that it is
famous for initial capitalization which is used to dignify lexical
5
items. It is true to say that decoration of initial words or letters

are given distinctive visual emphasis. This is attributed to
traditions followed during Middle Ages (Crystal and Davy,
1969: 198f). To give some consideration to the format of the LR
is urgently needed because paragraphing, indentation and
graphic choices viz, capitalization, italicizing, underlining and
boldtyping are sometimes governed by language specific
constraints. These constraints, in turn, have influence on the
interpretation (and consequently on translation) of legal
provisions. With regard to typewritten translation into Arabic,
the emphasis obtained by italics in the original can be conveyed
in Arabic by italics or boldtyping. However, in handwriting
translations, the emphasis on given items in the legal TT can
only be captured by underlining (Mohammed and Shunnaq,
1999: 158). It seems that the LR has inherited some traditions
from the antiquity. Therefore, present day documents without
paragraph divisions are frequently found. Long thinly
punctuated sentences are the rule rather than the exception
(Crystal and Davy, 1969: 197). Indentation does not signal
paragraphs in the narrow sense rather it is a layout feature meant
for singling out and emphasizing key propositions (P. 161).
1.1.2 The Syntactic Frame of the LR
1.1.2.1 Sentence Linkage
6
It is generally maintained that legal sentences are self

contained units, i.e., they are capable of conveying all the sense
that has to be imparted at any given point. Accordingly, these
self contained units do not need to be closely linked to what
has gone before or what follows (Crystal and Davy, 1969: 201).
Following is one of the principles of the Camp David Accords
signed on sep 17th 1978. This principle is cited here to show
how LR exhibits little need to sentence linkage:
1- Egypt, Israel, Jordan and the representatives of the Palestinian
people should participate in negotiations on the resolution of
the Palestinian problem in all its aspects.
(Mohammed and Shunnaq, 1999: 177)
1.1.2.2 Sentence Types

Sentences in a legal discourse are distinguished by the use
of a high degree of nominalization. In addition, legislative
statements(2) are introduced with "syntactic discontinuities
which become formidable obstacles to an affecting processing
of legal statements" (Bhatia, 1997: 208). Legal sentences are,
almost without exception, complex. Moreover, they tend to be
long (cf 1.2.2.1) and even in documents which are divided into
sentences, these sentences show tendency to be extremely long
(cf apps, A,B, and C). At large, there is a very marked
preference for postmodification in the nominal groups. As
7
already mentioned, there is frequent occurrence of nominals and

relative occurrence of verbal groups. The verbal groups used in
the LR are distinguished by the high frequency of non finites
and the use of finites is associated with a modal auxiliary
(usually shall + be + PP). Shall is used here to express
obligation (Crystal and Davy, 1969: 201 206).
1.2 Lexis in Legal Texts

Widdowson (1971: 21) maintains that "the crucial criteria of
any given register are to be found in its grammar and its lexis.
Probably lexical features are the most obvious". Accordingly,
LR is no exception in that it is lexically characterized by
involving a particular type of vocabulary that makes it different
from other registers. The characteristics distinguishing LR as far
as lexis are concerned run typically as follows:
1- Words appear to have a very precise and exact reference so
as to possibly avoid multi interpretation.
2- Some lexical units tend to collocate with each other in a
way that is only true of LR. (e.g., the contract comes in full
force and effect on the date of signature).
3- Some vocabularies are said to be LR bound terms in that
they have totally distinct meanings from their daily life
senses (e.g., The contractor should deliver each month to
8
the Engineer a return (a report) in detail. (Issa, 1997: 32,

42).
Salkie (1995: 12) confirms that it is unusual to find words

from different registers in the same text. Most often, substituting
synonyms from another register makes a text sound bizarre.
Consequently, legislative circles are aware of the effect of co
text on the interpretation of lexical items in a legal discourse.
This can be owing to the fact that lexis, in the majority of text
types, are context bound. It is said that "devaluing the word in
the text is like devaluing the individual in society". (Newmark,
1991: 98). Finally, the presence of archaic(3) expressions in a
legal text is undeniable.
1.3 Classification of Legal Texts

Specialists in translation or in translation theory hold
various theses regarding the categorization of the language of
law in terms of text types For instance, Newmark (1988: 40)
groups legal texts within expressive texts since they inform
people as how to behave or act in the future. Categorizing texts
in argumentative, expository and instructional, Hatim and
Mason (1990: 156) are of the opinion that LR should be
classified within instructional text types. They think that the
focus in LR is on the formation of future behaviour.
9
Instructional text types can be subdivided into two subclasses as

in the following diagram:
Instructional Texts
Instructions with option {e.g.,

Instructions with no options
advertisement, consumer
{e.g., contracts, treaties, etc}
advice, etc}
Diagram 1: Subclassification of instructional texts

In the light of diagram 1, legal texts could be a co hyponym
under the right node. Newmark (1988: 40f) adds to the
characteristics of the LR by saying that it, the LR, is also
distinguished by the absence of connotative expressions and the
presence of denotative ones. Legal documents derive their
authority from the high status of the bodies enacting them.
As conclusion, Hatim and Mason's subclassification of texts
with(out) options is not a successful one. This is due to the fact
that even in contracts or court laws, there is room for options to
rise which contractors or courtmen can appeal to. It is worth
noting that recognizing text type of legal written discourse
helps the translator to choose the appropriate translation method
(i.e., the literal translation) on the one hand. The translation
10
critic, on the other, gets benefit of text typology as he utilizes

text typology in finding out how far the translator has
succeeded in his choices (whether grammatical, lexical or
graphic). It is thought that Newmark's classification of LR is
more accurate than Hatim and Mason's. Therefore, it will be
adopted.
1.4 Legal Text Translator's Qualifications

Legal text translators are required to meet certain
qualifications to successfully render the legal discourse. This is
ascribed to the fact that mistranslation of such text types will
lead to serious problems or dangers among those concerned with
dealings, international contracts or treaties, court laws etc.
Mohammed and Shunnaq (1999: 157) propose four
requirements that a legal text translator should satisfy. They
run as follows:
1- A legal translator should be a translation specialist.

2- He should be well versed in the language of laws and its
terminology.
3- To be successful, he should be able to discern and analyze
the problems of a legal text.
4- Since the message in legal translation is laid down in codes
presenting legal concepts, a legal text translator should be
11
fully aware of these codes and give them utmost care while
he is translating.
Having introduced the salient features of LR (cf 1.1, 1.2 and

1.3), the researcher has become in a position to put forward the
model for assessment:
12
Initial capitalization
Paragraphing (to signal key
propositions)
The layout Indentation
features
Italicizing
Underlining
boldtyping
The Parameters of the Model
Absence of sentence linkage
Complex sentences
The Syntactic Long sentences (sometimes with

Features lengthy parenthetical material)
High frequency of nominalization
High frequency of non finites
within verbal groups
Preference of post modification
Presence of the complex
preposition in accordance with
Words used in denotative senses
Synonyms
Collocation
Near synonyms
LR bound terms
The semantic Frequency of shall (expressing the
features sense of obligation)
Frequency of archaism
No presence of figures of speech
Diagram 2: Parameters of the Model for Assessing

the Translation of Legal Texts
13
1.5 Analysis of the Legal STs

Having been built on the basis of the distinctive features of
the LR, the model has become the tool for analysis of the legal
texts. First, it will be applied to STs. These texts are: the peace
treaty signed between Jordan and Israel in 1994, the UN
Security Council Resolution No. 242 (1967) and UN Resolution
No. 955 (1994) (see APPs: A, B and C, respectively).
To begin with, the nine conditions of the peace treaty
referred to above would lead one to easily discover that they
start with capitals and these capitals, in turn, are italicized to
give them some emphasis. All the statements are long and self
contained, i.e., they are capable of standing alone with no
reference to what follows or precedes (cf diagram 2). The
original sentences are not indented with high recurrence of
nominals e.g., achievement, resolution, importance, freedom,
equality, justice, termination etc. Non-finites are true of all the
beginnings of the nine conditions where they start with gerunds
such as: bearing, aiming, reaffirming, desiring, etc. It is not
untrue to state that the lexical units are used in their denotative
(not connotative) senses. However, some instances of
metaphorical uses are recognized (e.g., "overcoming
psychological barriers and promoting human dignity", live in
peace, establish peace). Some occurrences of postmdifiers
appear here and there in the ST (e.g law governing international
14
relations, peace based on, the Washington Declaration Signed

by etc). The complex preposition in accordance with is noticed
twice in the original with one instance of archaism i.e., thereby.
As for UN Resolution 242, two of the articles of the
Resolution concerned start with non finite gerundial clauses
(expressing and emphasizing). Some words are italicized for the
sake of emphasis e.g., affirms, requests, expressing etc.
Paragraphing is employed in the sense of signalling the articles
of the resolution. Concerning metaphorically used expressions,
they have their share in the text (e.g., live in security, the
progress of efforts, live in peace etc. The complex preposition in
accordance with has been noticed twice in this text. The present
legal text has exhibited preference to nominals e.g.,
inadmissibility, territory, withdrawal, termination, fulfillment,
independence. It is right to declare that the majority of the
foregoing nominals are LR bound terms. The presence of
postmodification has remained evident as in the previous text
(e.g., territories, occupied, boundaries free from, through
measure including etc). Nevertheless, this does not mean that
premodification is absent (e.g the grave station, armed forces
etc).With regard to lexical collocation, it has its part to play as it
is evident in some phrases (e.g just and lasting peace).
Typically, the vocabularies in the ST are denotatively
employed to avoid multi interpretation. As for boldtyping, it is
15
seen at the beginning of the resolution whose key words are

capitalized e.g., Member States, General Secretary, Special
Representative etc.
With respect to the United Nations Resolution No. 955
(1994), Article 16 of it is randomly chosen by opening the book
containing the statements of the resolution. It has been noticed
that all the four items of the article concerned contain the modal
shall to express obligation. Two instances of passives are seen
(e.g., shall be appointed) with frequency of nominals (e.g., re-
appointment, recommendation, administration etc).
1.6 Analysis of the Legal TTS

The three texts referred to in 1.5 will be separately
evaluated in the light of the model proposed in 1.4. In addition,
the grammatical and lexical adequacy of the TT has been
assured with reference to the advice of a specialist in Arabic(4).
As to the peace treaty (see app. A), paragraphing is true of
the TT as found in the original for serving the purpose of
signaling key propositions. Other layout features, viz.,
italicizing, underlying and boldtyping are not present in the TT.
The translator should have italicized some words as found in the
original to keep fidelity to the ST. The sentences are long, self
contained and full of nominals (e.g.,
16
) . Unlike the ST, the TT exhibits the presence of
finites (e.g ). As far as the adequacy of the
grammatical and lexical choices is concerned, the translator has

succeeded in doing so. However, two choices (one is
grammatical and the other is lexical) are recognized as being
inappropriate and they are underlined in the TT (cf App. A),
. They should be replaced by , and
respectively. Moreover, the presence of the lexical unit is
unnecessary due to the absence of the clause of result depending

upon condition ).
On the lexical dimension, the TT has been adequately

constructed. The translator has rendered some expressions
metaphorically as found in the original (e.g.
). Other than these metaphorical
expressions, the lexical units are rendered with their denotative

equivalent meanings.
Regarding the translation of UN Resolution, the same
drawbacks related to the layout criteria are realized, i.e., no
italicizing or boldtyping as in the original. Nevertheless, the
translator has proved faithful as to paragraphing to indicate the
significant statements in the Resolution. Indentation has not
17
been conveyed as in the ST as far as the subarticles of the first

and the second articles are concerned. On the syntactic
dimension, the translator's grammatical choices have proved
adequate. One exception was realized in the third article of the
Resolution which was rendered in a grammatically incorrect
Arabic structure . It should have been
translated . Other syntactic features
are present in the TT: no need for sentence linkage and high
frequency of nominals (e.g.,
). Non finites in the ST are translated as finites in the TT
(e.g., ).
With reference to the lexical adequacy, it has been

recognized in the TT where the translator has successfully
processed the text. Metaphorical equivalent expressions have
been used to render those of the ST (e.g
etc). Near synomyms are realized in the TT (e.g.,
/ / / ).
Finally, the last legal text to assess is the UN Resolution

No. 955 issued in 1994 (see app. C). On the layout level, the
translator failed to boldtype as in the original. Nevertheless, he
18
kept fidelity as far as indentation and paragraphing are

concerned. All the sentences are self evident with no syntactic
linkage. The agenitive passives are translated as actives since
passives in Arabic are agentless. From a semantico syntactic
point of view, the word " should be changed into " and
shifted to the end of subarticle 3. Success in processing the text

at the semantic level has remained evident through the TT. One
exception has been noticed in the same subarticle referred to
above, where it should have been translated as
. From a lexical perspective, the words in the TT are
used denotatively.
1.7 Comparison of the STs and the TTs

In the light of what has been mentioned 1.6 and 1.7, the
comparison of the two texts has become easy to make. First of
all, the ST exhibits capitalization to indicate the beginning of the
legal sentences while the TT does not since Arabic does not
enjoy such a feature. Frequency of nominals is a common
feature of the STs and the TTs. It has been noticed that the STs
involve non finites, but the translator has rendered them as
finites. In addition, the lexical items constituting the STs have
been used denotatively and successfully translated into their
19
denotative equivalents. However, some metaphorical

expressions are recognized in the STs and equivalently
converted to Arabic.
Whether in the STs or the TTs, sentence linkage has
remained roughly absent where sentences of either side are self-
contained. This is due to the fact that a sentence in a legal text,
lengthy and complete, is a complete whole. Archaisms are true
of the STs only, unlike the TTs. Both texts have two layout
features (i.e., indentation and paragraphing) in common. A
grave mistake in translation (concerning the italicized lexis in
the ST where they are left unitalicized in the TT) has been made
by the translators of the texts under consideration. Italicizing
serves a more significant purpose in the LR than it does so in
other varieties. The translator has proved failure in including
since this particle needs a particular type of a clause (result

clause depending upon condition) according to Arabic grammar
(Cachia, 1973: 69). Boldtyping has been overlooked by
translators of the present legal texts. Finally, sentences of the
texts in either language are recognized as being long.
20
1.8 Comparison of the STs with Arabic Legal Texts

In order to find out the characteristics of English legal texts
(ELTs) and Arabic legal ones (ALTs), a comparison has been
made to show where the two languages diverge or converge
concerning LR. The benefit of such a comparison is twofold: (1)
to find out how far the TTs in 1.6 have gone in conformity with
Arabic LR traditions; (2) and to attribute some defects of
translation to the impact of the TL. Two Arabic legal texts (see
apps D and E) have been selected to study their distinguishing
features and compare them with those of ELTs.
Depending on his observation, the researcher has outlined
some of the features of ALTs. On the basis of those features and
those of ELTs, the comparison has been carried out as follows:
1- Both ALTs and ELTs are famous for the presence of
passives . e.g.
(App. D) -14
(App. E) - 220
....
2- Unlike ELTs , ALTs exhibit less frequency of nominals.

3- ALTs show preference to the occurrence of if clauses and
negative finites. Fourteen if clauses have been noticed in
the two short texts under investigation.
21
(app. D) ... -223
(app. E) ... 11
(app. D) - 227
(app. D) - 229
It seems that such preference is not true of ELTs.

4- It has been noticed that finites are of higher frequency in
ALTs than they are so in ELTs. Fourteen finites are present
in these ALTs.
5- Sentences in either register are often long and complex.
6- Paragraphing and boldtyping hold true of either register to
serve the same purposes.
7- It might be due to chance that the selected texts have not
exhibited underlining as a layout feature.
8- Unlike ELTs, ALTs have not involved expressions that are
metaphorically used.
9- Both ALTs and ELTs are characterized by the absence of
sentence linkage between the constituent parts of either
register.
22
1.9 Conclusions
On the basis of the comparison of the STs and the TTs ,
some findings have been drawn. First, it is not necessary for any
legal text to involve all the layout features suggested in the
model (cf 1.4). Second, the TL is able enough to embrace all the
syntactic features of the LR in the original (e.g., no sentence
linkage, high frequency of nominals etc). However, to render
English non finites into Arabic finites is a failure attributed to
the translator, not to the TL. This inadequacy may be due to the
influence of the Arabic legal register (cf 1.8) where the latter
shows preference to finites. Third, lexical units in the originals
and the TTs are typically used in their denotative senses. Fourth,
some layout features have not be equivalently tendered (e.g.,
italicizing, boldtyping). And fifth, ELTs show tendency to
involve archaisms whereas ALTs do not do so.
23
Notes
1- Discourse, variety and register are in free variation in the
present paper.
2- Sentences, and statements are alternatively used here.
3- As in Issa (1997: 40f), webester (1989: 83) defines
archaism as "ancient word or idiom; an antiquity of style or
use; the survival of something from the past. "Among
archaisms are compound words consisting of an adverbial
place to which a preposition like word has been suffixed
(e.g., hereto, thereafter, hereon, hereunder, herein, thereof
etc). The archaisms nearly always seem to add a touch of
formality.
4- Thanks are due to Mr. Alaa Jaber al Musawi (a Ph.D
student in Arabic Department, college of Arts
( al-Mustansiriyah University) for his advice to assure the
lexical and grammatical adequacy of the TTs).
24
Appendix "A"
Preamble
The Government of the Hashemite Kingdom of Jordan and
the Government of the Sate of Israel: 3
Bearing in mind the Washington Declaration, signed by them
on 25th July, 1994, and which they are both committed to honor.
Aiming at the achievement of a just, lasting and comprehensive
peace in the Middle East based on Security Council resolutions
242 and 338 in all their aspects;
Bearing in mind the importance of maintaining and
strengthening peace based on freedom, equality , justice and
respect for fundamental human rights, thereby overcoming
psychological barriers and promoting human dignity;
Reaffirming their faith in the purposes and principles of the
Charter of the United Nations and recognizing their right and
obligation to live in peace with each other as well as with all
states, within secure and recognized boundaries;
Desiring to develop friendly relations and cooperation between
them in accordance with the principles of international law
governing international relations in time of peace;
Desiring as well to ensure lasting security for both their States
and in particular to avoid threats and the use of force between
them;
Bearing in mind that in their Washington Declaration of 25th
July, 1994, they declared the termination of the state of
belligerency between them;
Deciding to establish peace between them in accordance with
this Treaty of peace;
25
:
.
26
Appendix "B"
UN Resolution 242
Full Text as Dictated by the UN Security Council
Resolution No. 242 (1967)
Stating the principles of a Just and Lasting Peace in the
Middle East.
The Security Council:
Expressing its continuing concern with the grave situation in the
Middle East.
Emphasizing the inadmissibility of the acquisition of territory
by war and the need to work for a just and lasting peace in
which every state in the area can live in security.
Emphasizing further that all Member States in their acceptance
of the Charter of the United States have undertaken a
commitment to act in according with Article 2 of the Chanter.
1- Affirms that the fulfillment of Charter principles requires the
establishment of a just and lasting peace in the Middle East
which should include the application of both the following
principles:
i. Withdrawal of Israel armed forces from territories occupied
in the recent conflict (according to the French version, des
territories occupes).
ii. Termination of all claims of states of belligerency and
respect for and acknowledgment of the sovereignty
27
territorial integrity and political independence of every

state in the area and their right to live in peace within
secure and recognized boundaries free from threats of acts
of force.
2- Affirms further the necessity
(a) For guaranteeing freedom of navigation through
international waterways in the area
(b) Form achieving a just settlement of the refugee problem.
(c) For guaranteeing the territorial invincibility and political
independence of every State in the area through.
(d) For measures including the establishment of demilitarized
zones.
3- Requests the Secretary general to designate a Special
Representative to proceed to the Middle East to establish and
maintain contacts with the States concerned in order to promote
agreement and assist efforts to achieve a peaceful and accepted
settlement in accordance with the provisions and principles in
this resolution;
4- Requests the Secretary General to report to the Security
Council on the progress of the efforts of the Special
Representative as soon as possible.
28
( )
:
:
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: :
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:
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29
Appendix "C"
S
Disir GENERAL
S/RES/955 (1994)
8 November 1994
( )
Article 16: The Registry

1. The Registry shall be responsible for the administration and
servicing of the International Tribunal for Rwanda.
2. The Registry shall consist of a Register and such other staff
as may be required.
3. The Register shall be appointed by the Secretary General
after consultation with the president of the International
Tribunal for Rwanda. He or she shall serve for a four year
term and be eligible for re appointment. The terms and
conditions of service of the Register shall be those of an
Assistant Secretary General of the United Nations.
30
4. The Staff of the Registry shall be appointed by the

Secretary General on the recommendation of the
Registrar.
. .
. .
. .
31
Appendix "D"
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Appendix "E"
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39
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40
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42
References
Bell, R. (1976) Sociolinguistics: Goals, Approaches and
Problems. London: Bastford LTD.
Bhatia, V.K. (1997) "Translating Legal Genres" In Trosborg, A,
(ed.) Text Typology and Translation. Amsterdam: Jhon
Benjamins Publishing House . PP. 203 214.
Cahia, P. (1973) A Dictionary of Arabic Grammatical Terms.
London: Longman.
Crystal, D. and Davy, D. (1969) Investigating English Style.
London: Longman.
--------------- (1997) A Dictionary of Linguistics and Phonetics. 4
th ed. Oxford: Blackwell.
Halliday, M.A.K. (1978) Language as a Social Semiotic.
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Hatim, B. and Mason, I. (1990) Discourse and the Translator.
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Issa, A. J. R. (1997) "Translating English Legal Texts into
Arabic: Contracts as a Case Study" Unpublished M.A
Thesis. Al Mustansiriyh University.
Mohammed, F. and Shunnaq, A. (1999) Translation with
Reference to English and Arabic: A Practical Guide. Irbid:
Dar Al Hilal for Translation.
Newmark, P. (1988) A Textbook of Translation. Exter: Prentice
Hall.
43
--------------- (1991) About Translation. Philadelphia:

Multilingual Matters LTD.
Salkie, R. (1995) Text and Discourse Analysis. London:
Routledge.
Werlich, E. (1982) A Text Grammar of English. Heidlberg:
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English Data
A United Nations Resolution No. 242 issued in 1967. (in
Mohammed and Shunnaq, (1999))
The Peace Treaty Signed (1994) between Israel and Jordan. (in
Mohammed and Shunnaq (1999))

A United Nations Resolution No. 599 issued in (1994).
Arabic Data
. ( )
( )
. : ( )
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Translation Criticism: A Model for Assessing the Translation of Legal Texts

Al- Mustansiriyah University

Translation Criticism: A Model for

Mehdi F. al Ghazalli (Assistant Lecturer)

The present paper is concerned with suggesting a model for

To validate the two assumptions above, three English legal

1.0 Different Views of "Register"

spoken or written) tenor (depending on relations between

Register is a social role activity of language use

1.1 Distinctive Features of Legal Register

items. It is true to say that decoration of initial words or letters

It is generally maintained that legal sentences are self

1.1.2.2 Sentence Types

already mentioned, there is frequent occurrence of nominals and

1.2 Lexis in Legal Texts

the Engineer a return (a report) in detail. (Issa, 1997: 32,

Salkie (1995: 12) confirms that it is unusual to find words

1.3 Classification of Legal Texts

Instructional text types can be subdivided into two subclasses as

Instructions with option {e.g.,

Diagram 1: Subclassification of instructional texts

critic, on the other, gets benefit of text typology as he utilizes

1.4 Legal Text Translator's Qualifications

1- A legal translator should be a translation specialist.

Having introduced the salient features of LR (cf 1.1, 1.2 and

Absence of sentence linkage

The Syntactic Long sentences (sometimes with

Diagram 2: Parameters of the Model for Assessing

1.5 Analysis of the Legal STs

relations, peace based on, the Washington Declaration Signed

seen at the beginning of the resolution whose key words are

1.6 Analysis of the Legal TTS

) . Unlike the ST, the TT exhibits the presence of

finites (e.g ). As far as the adequacy of the

grammatical and lexical choices is concerned, the translator has

respectively. Moreover, the presence of the lexical unit is

unnecessary due to the absence of the clause of result depending

On the lexical dimension, the TT has been adequately

). Other than these metaphorical

expressions, the lexical units are rendered with their denotative

been conveyed as in the ST as far as the subarticles of the first

translated . Other syntactic features

). Non finites in the ST are translated as finites in the TT

With reference to the lexical adequacy, it has been

etc). Near synomyms are realized in the TT (e.g.,

Finally, the last legal text to assess is the UN Resolution

kept fidelity as far as indentation and paragraphing are

shifted to the end of subarticle 3. Success in processing the text

. From a lexical perspective, the words in the TT are

1.7 Comparison of the STs and the TTs

denotative equivalents. However, some metaphorical

since this particle needs a particular type of a clause (result

1.8 Comparison of the STs with Arabic Legal Texts

2- Unlike ELTs , ALTs exhibit less frequency of nominals.

(app. D) ... -223

It seems that such preference is not true of ELTs.

territorial integrity and political independence of every

Article 16: The Registry

4. The Staff of the Registry shall be appointed by the

--------------- (1991) About Translation. Philadelphia:

Mohammed and Shunnaq (1999))

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