Sequence 01

Rappel de l’intitulé du cours : Introduction to Translation (Legal English): Arabic-

English
and English-Arabic
Numéro de la séquence : 01
Compétence générale visée:
Know the concepts, approaches and tools of technical and legal translation between English
and Arabic
Dear Student,
At the end of this sequence, you will be able to:
 define translation in general, its types, purposes and constraints;
 explain the differences between technical and legal translation and interpretation
 present the main theoretical approaches to technical and legal translation;
 use practical technical and legal translation tools (dictionaries, glossaries, corpus,
software, etc.).

Lesson 1: The Basics of Translation (English/Arabic and Arabic/English)

1. Introduction

This lesson serves as is an introduction for you as a student of Legal English to

translation in order to develop their understanding of translation issues in both directions:
English/Arabic and Arabic/English. The importance of this lesson lies in helping you define
translation, its types, purposes and constraints, explain the differences between translation and
interpretation, present the main theoretical approaches to translation and finally use practical
translation tools (dictionaries, glossaries, corpus, software, etc.). The lesson also features
practical exercises following the theoretical explanation to test your understanding of the
themes presented earlier. This will enable you to: 1) develop your understanding of translation
in a wider context and to give you the necessary notions to improve your translation practice
later on and 2) apply your understanding of these topics to help you move further to translate
lexical units between English and Arabic.
 2 Defining Translation

REMEMBER:
What Translation Is Not

Translation is a multifaceted process that extends beyond mere language substitution. It's essential to
dispel misconceptions and understand what translation is not:

Not Word Replacement: Translation is not a simple word-for-word substitution from one language to
another. It involves capturing the essence and meaning of the source text while adapting it to the
cultural and linguistic context of the target language.

Not Culture-Free: Translation is not devoid of cultural considerations. It's not about removing
cultural references, but rather understanding and adapting them for effective communication in the
target culture.

Not Mechanical: Translation is not a mechanical task; it requires creativity and linguistic finesse. It
goes beyond literal meanings to convey emotions, idiomatic expressions, and cultural nuances
accurately.

Not One-Way: Translation is not a unidirectional process. It's a two-way bridge, enabling
communication between languages while considering both the source and target contexts.

Not Language Isolation: Translation is not about isolating languages from their cultural and social
contexts. Instead, it involves a dynamic interplay between linguistic and cultural elements for
meaningful communication.

3 Process and Product of Translation

This paragraph helps you remember what translation is.

REMEMBER
Translation is both a Process and a Product

Translation is a multifaceted endeavour encompassing both a dynamic process and a tangible product.
As a process, it involves meticulous steps such as understanding the source text's linguistic nuances,
deciphering cultural references, and creatively adapting them to resonate in the target language. This
process demands not only linguistic proficiency but also cultural awareness and a keen eye for context.
Simultaneously, translation yields a product—a meticulously crafted output that mirrors the essence of
the source while elegantly resonating in the target language. This product isn't a mere mechanical
rendition, but a harmonious blend of linguistic accuracy and cultural adaptation. Thus, understanding
that translation is an intricate interplay between process and product is key to appreciating its intricate
nature and its role in bridging linguistic and cultural divides.
 4 Defining Legal translation

Legal translation or as Mellinkoff (1963 , p. 3) calls “the language of law” can be

easily described as the process of translating documents, like witness statements, contracts,
filed patents, transcripts, official reports and financial papers. The legal field remains
undeniably crucial in fostering collaboration and facilitating business transactions among
individuals and institutions on a scale.

5 Difference Between Technical and Legal Translation and Interpreting

Dear Student,
In Technical and Legal Translation courses, it is also common to start by discussing
concepts, like equivalence and translation strategies. This helps you familiarize with
these ideas, within the translation industry.

REMEMBER

The Difference Between Technical and Legal English and Arabic Translation and Interpreting

Understanding the distinction between legal and technical translation and interpreting is crucial in
recognizing their distinct roles. Legal English and Arabic translation involves translating legal
documents, contracts, and court proceedings, requiring an in-depth grasp of legal terminology and
precision to maintain legal accuracy. On the other hand, technical translation deals with complex
technical content like manuals, patents, and scientific texts, demanding an extensive understanding of
specialized fields to ensure the faithful transmission of intricate information.

Similarly, in legal interpreting, the focus is on facilitating effective communication during legal
proceedings, where interpreters bridge linguistic gaps and convey legal nuances. In contrast, technical
interpreting revolves around real-time communication in technical events, requiring interpreters to
seamlessly convey specialized jargon and intricate concepts.

In both translation and interpreting, accuracy is paramount. Legal and technical contexts demand
specific language and terminology expertise. Legal professionals, linguists, and technical experts
contribute their respective skills to ensure that the message remains precise and meaningful across
languages and domains. Recognizing these distinctions underscores the critical roles that legal and
technical translation and interpreting play in enabling accurate, effective, and culturally sensitive
cross-lingual communication within specialized fields.
4. The Importance of Technical and Legal Translation

REMEMBER
The Importance of Technical and Legal English and Arabic Translation

Technical and legal translation play indispensable roles in bridging linguistic and cultural gaps within
specialized domains. Technical English and Arabic translation ensures that complex technical
concepts are accurately conveyed, enabling effective communication in fields such as engineering,
medicine, and technology. It facilitates global business expansion by accurately presenting products,
instructions, and specifications in diverse languages, ultimately enhancing market reach and user
comprehension.

Legal English and Arabic translation holds a crucial place in maintaining legal accuracy and
preserving the intended meaning of legal documents, contracts, and court proceedings across
languages. Precision in legal terminology and adherence to nuances are paramount to uphold justice,
ensure contractual clarity, and facilitate cross-border legal processes.

Both technical and legal English and Arabic translation contribute significantly to cross-lingual
understanding and communication, underlining their pivotal roles in global interactions. Recognizing
the importance of these specialized forms of translation emphasizes their contributions to accurate,
effective, and culturally sensitive cross-lingual communication within their respective domains.

RECAP

Technical and legal translation in the English/Arabic context involves a delicate interplay of language,
culture, and specialized knowledge. In technical translation, the core objective is to accurately
convey intricate technical information from English to Arabic and vice versa. This demands a deep
understanding of both languages and the technical subject matter, ensuring that concepts remain
coherent and precise across linguistic boundaries.

Legal translation, in the English/Arabic context, holds a unique significance. Translating legal
documents, contracts, and court proceedings requires meticulous attention to legal terminology,
structure, and cultural nuances. The translator's role extends beyond language expertise, encompassing
a comprehensive understanding of the legal systems in both languages. This ensures that legal
accuracy is maintained, preserving the intent and legal validity of the source text.

Both technical and legal translation demand a balance between linguistic fluency and specialized
expertise. Translators must navigate intricacies specific to each field, adapting content to ensure it
resonates seamlessly in the target language while upholding the integrity of the source. As the demand
for precise cross-lingual communication continues to grow, technical and legal translation remains
vital in fostering understanding, enabling effective knowledge transfer, and ensuring legal compliance
in the English/Arabic context.

Dear student,
These videos will surely help you understand the basics of translation
in Technical and Legal translation, in particular.
So enjoy watching them in your free time!
Basics in English-Arabic Translation — 1 — ‫اساسيات في الترجمة العربية من االنجليزية‬
https://www.youtube.com/watch?v=dD5pj8SCRcc
Karen McAuliffe: Law, Language and Translation in the EU Legal Order
 https://www.youtube.com/watch?v=ibGBxxs_Np0

Tough Challenges of Translating Legal Documents

https://www.youtube.com/watch?v=VZbb6TJ_NSU

Here are some legal words and expressions in English and their translation
into Arabic.

a) Near-equivalence (NE) occurs when legal concepts of the two languages, e.g., English-
Arabic share most of their primary and subsidiary characteristics or are the same, which is
very rare. For example, the English legal expressions

Civil Code “ ”, ‫القانون‬

Power of Attorney ““” ‫وكالة عامة‬
These expressions have the same meaning in English and Arabic.

b) Partial equivalence (PE) occurs when the English-Arabic legal concepts are quite similar,
and the differences can be clarified, e.g. by lexical expansion. For example,
commercial practice ‫ ”العرف التجاري‬that has another rendering in Arabic," ‫"الممارسة التجارية‬
judicial interpretation “ ‫ القضائية”االجتهاد‬that has another rendering in Arabic for interpretation
as"‫" التفسيرالقضائي‬

c) Non-equivalence (NoE) occurs when only few or none of the important aspects of
EnglishArabic legal concepts correspond or if there is no functional equivalent in the target
legal system for a specific ST concept. For examples, the Islamic terms and concepts such as
Al Ethm ,‫ االثم‬Fatwa ‫ فتوى‬that mean in English Sin and Verdict respectively. The English
terms Home Office means “ ”‫وزارة الداخلية‬the Ministry of the Interior.