Course 6 - Classification of Legal Translations

Associate Professor, PhD. Adina Radulescu

Legal translation is a variety of technical translation that regards the rendering

of legal texts from a SL into a TL and which involves the use of special language,
also known as language for special purpose (LSP) in the context of law, or language
for legal purpose (LLP) (Cao, 2007: 8). Legal translation is used in the legal process
and in different legal communicative situations, “as an act of communication within
the mechanism of the law” (Šarčević, 1997: 55).
Cao (2007: 8) offers a classification of legal translations based on the criteria
illustrated below:
A. According to the subject matter of the source language texts:
(a) translating statutes and international treaties;
(b) translating private legal documents;
(c) translating legal scholarly works; and
(d) translating case law.

B. According to the status of the source language texts:

(a) translating enforceable law, e.g., statutes; and
(b) translating non-enforceable law, e.g., legal scholarly works.

C. Šarčević (1997 apud Cao: 8) classifies legal translations according to the function
of the source language texts:
(a) primarily prescriptive (e.g. laws, directives, treaties, conventions, contracts).
These are normative texts acting as regulatory instruments and enforcing norms and
rules of conduct.
 (b) primarily descriptive and also prescriptive (e.g. judicial decisions and legal
instruments that are used to carry out judicial and administrative proceedings such
as actions, pleadings, briefs, appeals, requests, petitions, etc.)
(c) purely descriptive (e.g. scholarly works written by legal scholars such as legal
opinions, law textbooks, articles etc.)
Cao (2007: 10-12) also offers a classification of legal translations based on the
purpose of the target language texts:
(a) normative purpose – texts which refer to the production of equally authentic legal
texts in bilingual and multilingual jurisdictions of domestic laws and international
legal instruments and other laws. They are the translation of the law and are often
first drafted in one language and then translated into (an)other language(s) or
simultaneously drafted in two or more languages. All versions have equal legal force
and none is superior to another. Once authenticated, such texts are not mere
translations of law, but the law itself (Šarčević, 1997: 20). Such normative texts are
the bilingual and multilingual legislation in Canada, Austria, Switzerland, Belgium
and Hong Kong, the multilingual legal instruments of the UN, and the multilingual
laws of the EU (usually drafted in French or English and subsequently translated
into the other languages). Private legal documents such as contracts may also be
included in this category. These legal translations are legally binding.
(b) informative purpose – texts which have a descriptive function e.g., the translation
of statutes, court decisions, scholarly works and other types of legal documents. The
purpose of these translations is to inform the readers in the TL. The difference
between this category and the first one is that these translations are not legally
binding, the only the only enforceable language being the SL and not the TL. These
type of texts are mainly found in monolingual jurisdictions (e. g. continental law
texts translated for common law practitioners).
(c) general legal or judicial purpose – translations which are mainly for information
and mostly descriptive, e.g., documents used in court proceedings as part of
documentary evidence, including statements of claims or pleadings, summons,
contracts and agreements, and ordinary texts such as business or personal
correspondence, records, certificates, witness statements, and expert reports, among
many others. Translations of such documents are used by clients who do not speak
the language of the court (e.g. statements of claims) or legal practitioners who do
not have access to the original documents (e.g. contracts, correspondence, etc.). Such
translated documents result in legal consequences due to their use in the legal
process. This category of legal texts may include ordinary texts which are not written
by legal professionals but by the layperson, using ordinary language. This type of
legal translation is oftentimes not included in the classification of legal translations
even though it represents an important part of the legal process and the translational
activity of legal translators.
In conclusion, legal translation is a general term used to cover not only the
translation of law and of legally binding documents but also the translation of any
other communications taking place in the legal settings. It encompasses both the
documents exchanged in the legal process between specialists such as lawyers,
judges, etc., and the legal texts and documents exchanged between the lawyers and
the lay people, which are not part of the judicial system.