Incomparability, cultural universalism and localisation in translation of legal texts

Abstract

The article deals with the problem of strategies within the translation of legal texts, which are among the most difficult specialised texts to translate. That is because they comprise different translation problems and require different methods to make a translated text understandable for the target language reader, simultaneously keeping the original character of the legal system of the source language country, with its unique features. This forces the translator to care about the constant connection of the translated text with the source language culture by using such strategies as borrowing original terms, naturalisation of some specific terms into the target language, using language calques, or introducing descriptive translation, in which some explanations are obligatorily included (the same as in other cases just mentioned). Sometimes it is enough to give equivalent terms used comparatively in the target language and the source language, or the translator must localise certain elements to make them understandable. To solve the problem which strategies are dominant, comparable analyses of some legal texts in Polish and English were carried out and this led to a conclusion that the most useful strategy is the ability to keep the source culture features, not to deprive the texts of their specific character, but it is also necessary to localise. Certain terms also need simple equivalent translation, as they function simultaneously in both language cultures. The article presents conclusions drawn from the analyses performed.