CHAPTER II: DIFFICULTIES OF TRANSLATION OF ENGLISH LEGAL

TERMINOLOGY ON ROMANIAN LANGUAGE

Legal translation is one of the areas where any inaccuracies can radically distort the
meaning of the text and provide false information. We often do not fully appreciate the
demanding task of translation and difficulties surrounding this process. We expect a translator to
be able to reproduce the message expressed in a source language (SL) while at the same time
preserving all cultural or legal differences between languages. Challenges of legal drafting and
legal translation have existed for a long time in international law and international relations. As
the process of globalisation relies on law and language, translators had to demonstrate
attentiveness and creativity to rise to the challenge. Thus, the issue of translation becomes even
more important in such a multilingual and multi-legal environment. Language should be
understood as a way of disseminating information in a diverse environment. The English legal
language differs from ordinary uses of the language in the presence of several features specific to
these registers, which are a cause of enormous difficulty and misunderstanding even for
professionals, law students and specialized translators and interpreters. These features involve an
extensive scale of linguistic phenomena, like the choice and frequency of certain forms; the
complexity of statements; the use of terms that may have a different meaning in an ordinary
register; the employment of specific constructions which can even break grammar rules, such as
omission of the determiner, the use of future auxiliaries in conditional and temporal clauses,
plural forms of uncountable nouns, etc.

2.1 Difficulties in translations of complex legal and phrasal terms

The terminology of modern literary language is very rich and broadened in accordance
with existing knowledge in the present society. It consists of a large group of socio-political
terminology vocabulary, a special vocabulary.
During the translation of the term I. Arnold defines 2 stages:
1) Clarification of the meaning of the term in the context;
2) Translating the value into the native language [2].
The main method of translation of terms is translation using the lexical equivalent.
By definition A. Kovalenko, the equivalent is a constant lexical correspondence, which
exactly coincides with the meaning of the word [18]. Terms that have equivalents in their native
language play an important role in translating. They serve as reference points in the text, from
which the disclosure of the meaning of other words depends on them, they give an opportunity to
find out the nature of the text. Therefore, one should be able to find the corresponding equivalent
in the native language and extend knowledge of the terms-equivalents.
But since legal terms are mostly complex terms or phrases, they are also a major problem
in the translation of the legal text.
As already noted above, complex terms are a constant phrase, on which a definite
terminological meaning is assigned. For example: conclusive notice - final warning; arrival on
departure - testimony under oath . The overwhelming majority of terms are prepositive
attribution phrases, that is, those where there is a defining and identifiable component, and the
definition takes the starting word in the phrase.
The translation of complex terms consists of two main procedures - analytical and
synthetic. An important role in the translation of phrases is played by the analytical stage - the
reproduction of its individual components. To do this, you need to correctly identify the
components of a complex term, since they can be not only words, but also the phrases that are
part of it. It is also important to establish in which semantic relations are components between
themselves and with the main element of the term-phrase. The nature of these relationships
determines the order and content of the complex term translation. The synthetic stage involves
the construction of components in accordance with the indicated semantic links and obtaining the
final version of the translation of the complex term .
Acceptance of the description - the word transfer with the help of a broad explanation of
the meaning of the English word. This technique is used both in the absence of the corresponding
meaning of the word in the mother tongue or in the explanation of the word in the dictionary:
accrual right – dreptul de deducere a veniturilor; account – datorii neachitate; official
accusation – acuzația oficială (în comiterea unei infracțiuni) ; acknowledgment of will – o
declarație neoficială a testatorului către martor că poate confirma că semnătura sub voință
aparține testatorului; on account of whom it may concern- în detrimentul celor care ar putea să
o privească (formula de asigurare);
Acceptance Calculation is a translation of the English word or phrase in its parts with the
subsequent addition of these parts. Such a translation reproduces the English token literally:
multiple accredit – acreditare multiplă; accomplice of attempt – complice în încercare;
according to law – în conformitate cu legea .
Since legal reports and contracts often use the names of various institutions, legal and other
firms, the translation of terms uses the same translation as transcription.
Reception of transcription - the transmission of letters in the native language sound of the
English word: Special Systems Industry – Special Systems Industry.
 Translation using different prepositions: accreditee person – persoană în prezența căreia
se efectuează acreditarea; to acknowledge the compliment – a recunoaște onoarea;
acquisition by conquest – achiziționare prin confiscare .
Significant difficulties are caused by terms, which consist of groups of words, so-called
multi-component terms.
There are a number of phrasal terms that do not allow literal translation, although they
have equivalent in their native language. Separate elements of such terms differ from the
components of the equivalent of the language of translation. Such terms are rarely encountered in
legal terminology (рrivate nuisance – o sursă de pericol).
The most difficult to translate are terms that have different meanings not only in different
fields of science and technology, but even in one industry:
Charge –
1. to formally accuse someone of committing a crime;
2. to use property as security for a debt (such as a mortgage);
3. a direction given by a judge to tell the jury what they must do.
Penalty-
1. a sum of money which has to be paid if the terms of a contract are broken;
2. a punishment given to someone who commits a crime.
Release-
1. to give up a valid claim against someone;
2. to free someone from prison;
3. a document used to cancel a claim one person has against another.
Settle-
1. to create a settlement;
2. to end a case by agreement;
3. to draw up a contract and agree its terms
Such a word having several vocabulary correspondences, variants analogous to those of its
value, is translated by selecting the analogue, which would most accurately pass the meaning of
the term depending on the lexemes, which are in close conjunction with the given word. The
closest connection exists between the subjective and the predicate, the predicate and the direct
application, the definition and the signified word .
After analyzing all of the above, one can conclude that, in general, the legal terms have the
same ways of transferring from English into Romanian as all other terms. The main problem of
the translation of legal terms and phrasal terms is their polysemy not only among different
branches of science, but also within the legal sphere itself. The exact meaning of the term in this
case can be detected only with the help of context and other concepts that are related in a term-
phrase.
2.2 Translating of legal terms: looking for the most appropriate
equivalents

Translation of legal texts is certainly not one of the activities that have been or will form
the basis for a broad legal community. However, some issues of legal translation from time to
time should be solved by lawyers in a situation where an erroneous translation of a document
with which they work reduces their argumentation potential or even damages their client.
Anyone who has ever come across legal translations is aware of the importance of
semantic and legal interpretation of the text in this case, that is, the analysis and interpretation of
the concept enshrined in this language environment, and then the most accurate equivalent in
another legal context.
In practice, when you translate a legal text, you spend more time searching for terminology
and assessing the relevance of documents, rather than translating them as such. Therefore, it is
especially important to find reliable and convenient resources. These can be Internet-based
interpretation or translation dictionaries, pre-installed thematic glossaries and translation
memories, databases or interactive legal documents.
The most  common translation errors include:
1. inadequate translation;
2. omitting parts of sentences;
3. stylistic errors;
4. incorrect text formatting;
5. grammatical, orthographic errors in punctuation.
Translators often use legal texts as working resources bilingual legal dictionaries. Such
aids need to be used with great care, because most of them contain only basic and not always
accurate data, which can errors in translating legal documents.
As evidence, some of the legal terms are presented by the English-Romanian legal
dictionary notes.  It is noteworthy that such a tremendous pioneering work was only created in
two-member team. But in the normal familiarization with this dictionary I came across a few
inaccuracies, some Romanian equivalents are questionable and in some cases there are errors.
As an example of inaccurate terms, a translation of the term “ hearsay “this term is also
used rather colloquially, often to refer to gossip or unverified information, “ bârfă”. However, in
a court of law hearsay refers to a statement about evidence supporting a matter that is made out
of court. Hearsay is often not allowed in court as the person making the statement can’t always
be followed up with to confirm it, “Declaratii prin care un martor care nu a vazut sau a auzit
incidental in chestiune, dar a auzit despre el de la altcineva. Zvonul, de obicei, nu poate fi folosit
ca evidență la judecată”.
Another example of innacurate term is “ common seal ”. If we try to Google how looks a
common seal, we can see that a seal is usually understood as the furry little animal you find in
the Arctic.(image 2.1)

Image 2.1 Common Seal

Some people also think of the wax seals with a logo usually used to seal some letters.
Generally, we may define common seal as the official seal used on legal documents to identify a
specific business or agency.(Image 2.2)

Image 2.2Common seal

The term “ sentence ” may also confuse a beginner translator. According to Collins
Cobuild Student’s Dictionary(p.509, ), a “sentence” is a group of words which, when they are
written down, begin with a capital letter and end with a full stop. In Romanian it is called “
propoziție ”.
In a law court, a sentence, “ sentință”, is the judge's formal pronouncement of the
punishment to be given to a person convicted of a crime. Pronunțarea oficială a pedepsei dată
unei persoane condamnate de o infracțiune.
Translators should therefore be able to produce a text, not only understandable in terms of
words, but also in terms of ideas. A literal translation puts the stress on terminology, replacing
words and phrases of the source language, with equivalents of the target one. But this cannot be
done when working on legal documents since more implications are on the scene, especially
context. This is why legal translation is basically a process of translating legal systems. In order
to reveal, in a practical way, the difficulties encountered by translators of legal texts, we chose to
analyze several problems encountered in the translation of the “ FAMILY CODE – FAM /
DIVISION 8. CUSTODY OF CHILDREN [3000 - 3465] ( Division 8 enacted by Stats. 1992, Ch.
162, Sec. 10. )/PART 3. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT
ACT [3400 - 3465] ( Part 3 repealed and added by Stats. 1999, Ch. 867, Sec. 3. ) / CHAPTER 1.
General Provisions [3400 - 3412] ( Chapter 1 added by Stats. 1999, Ch. 867, Sec. 3. )”
(CODUL FAMILIEI - FAM / DIVIZIUNEA 8. TUTELA COPIILOR [3000 - 3465] (Diviziunea 8
adoptată de Statul 1992, CAP.162, Secțiunea 10.) / PARTEA 3. ACT UNITAR PRIVIND
COMPETENTA SI PUNEREA IN APLICATIE CUSTODIA COPIILOR [3400 - 3465] (Partea a
3-a abrogată și adăugată de Stats 1999, Cap. 867, Sec. 3) / CAPITOLUL 1. Dispoziții generale
[3400-3412] (Capitolul 1 adăugat prin Stats 1999, Ch. 867, Sec.) from English into Romanian,
and some problems raised by the legal nature of the text itself. The Uniform Child Custody
Jurisdiction Enforcement Act (UCCJEA) is a set of laws adopted by the California Legislature at
Sections 3400-3465 of the Family Code that generally governs California family courts that
makes initial child custody and visitation orders; modify another state’s or country’s orders
pertaining to child custody and visitation; registration of child custody orders from other states
and countries; determination of which state should have the power to make custody and
visitation orders when more than one state may have the authority to do so.
While translating this act, I observed that the problem of translating raises the question of
interpretation, which puts the translator into a difficult position, because he must avoid
interpreting legal uncertainty, which is a task for legal professionals. The noun “ law ” is mostly
used in English legal discourse, while the term ―” right ” is much less common. The ambiguity
of words makes it difficult for lawyers to manipulate their technical language, as some terms as
court; custody; notice; right; that have at least five, three, or two different meanings. For
example the word right is a word which, according to its contextual use, may be translated into
Romanian by : drept, exact, dreapta, dreptate, bine, a corecta, a îndrepta. However. I choosed to
translate as drepturi, resulting from the context. Same, we can talk about word custody,where the
translation of the word also has different meanings like tutelă, arest, custodie, pază, închisoare.
In the context of the The Uniform Child Custody Jurisdiction Enforcement Act, the term
custody, has the meaning of the tutelage.
Working with a corpus of juridical texts we came across a big quantity of Latin juridical
expressions. Latin being in the Middle Ages the language of law on the territory of Western
Europe influenced immensely the formation of the juridical terminology of the majority of the
European languages, not to speak about the fact that Latin was the basis of many Romance
languages, and also the English language, because English was not an exception. All the possible
languages borrowed both roots of Latin origin of words, wordcombinations, winged expressions
as well. Thus, a basic linguistic difficulty in legal translation is the absence of equivalent
terminology across different languages. The English juridical vocabulary included such elements
from Latin. In the domain of jurisprudence the so-called “Latin layer” or “the antique heredity”
was very important, for example, res judicata- a rule of civil law that once a matter has been
litigated and final judgment has been rendered by the trial court, the matter cannot be relitigated
by the parties in the same court, or any other trial court(O regulă a legii civile care spune că
odată ce o problemă a fost litigiată si tribunalul a decis aupra unui verdict, problema nu mai
poate fi litigiată de nici una dintre părți în același tribunal, sau în orice alt tribunal.).
For example in section
§ 3406. Binding force and res judicata § 3406. Forța obligatorie și efectul
effect of custody determination res judicata ale determinării custodiei
A child custody determination made by a Decizia privind determinarea custodiei
court of this state that had jurisdiction copilului, făcută de o instanță a acestui stat
under this part binds all persons who have competentă în temeiul acestei părți, obligă
been served in accordance with the laws of toate persoanele care au fost deservite în
this state or notified in accordance with conformitate cu legile acestui stat sau
Section 3408 or who have submitted to the declarate în conformitate cu secțiunea 3408
jurisdiction of the court, and who have been sau care au fost supuse jurisdicției instanței,
given an opportunity to be heard. As to și care au primit ocazia de a fi audiate. În
those persons, the determination is ceea ce privește aceste persoane, hotărârea
conclusive as to all decided issues of law este concludentă cu privire la toate
and fact except to the extent the aspectele hotărâte de lege și de fapt, cu
determination is modified. excepția cazului în care determinarea este
modificată.
Translation involves trust on the side of the reader or user. The audience that does not know the
original meaning of the terms of the text believes that the translation is a fair representation of it.
Hence, the translator should be ready, whenever possible, with observance of all cultural details
to translate the legal lexicon in the texts of legal documents.
https://dictionary.cambridge.org/
https://www.plainenglish.co.uk/files/legalguide.pdf