The application of the text-functional model to translation of texts for special purposes (with reference to Russian and Polish legal texts translation)

Abstract

In the present paper the author represents a practice-oriented framework for legal translation, referred to herein as the text-functional model, and its implications for translators and their decision-making process. The model consists of such variables as the purpose (function) of translation, text type and functions of textual elements (both established on the basis of textual categories). What differs the proposed model from the scopos theory are text types and text categories as main variables of the model. The text type – as the essential determinant of translator’s choices – has been present in the theory of translation for decades. Nevertheless, it has constantly been connected with language functions, and not with textual ones. The author suggests the textual approach within the framework of text linguistics that concerns textual – and not linguistic – criteria in the theory of translation. Text categories can perform the role of such criteria. As the author states, they allow to distinguish different types of texts, especially in terms of distinguishing texts for special purposes and contrasting them with literary and journalistic texts. Thus, in case of the choice between the source or the target culture layout of the document, the translator should take into account the first variable of the model. In general, three main purposes of legal translation can be distinguished: informative, directive and informative-directive. Hence, the contract while fulfilling the informative function should retain the source language document layout. In case of drafting, a different decision should be made: the layout of the document should be target language- and culture-oriented. In the remainder of the article the analysis of other variables shall be performed in the similar manner.