ABSTRACT
The translation of legal documents has become
an all-important pursuit in the current international arena. Its main target is
to link cultures and societies that have been so far distant. This article
presents a corpus-based bilingual glossary of legal terms for university
English Language students. This glossary is aimed at improving their
performance in the translation of legal documents. Objective: to present
a bilingual glossary (English-Spanish) of legal terms. Methods: theoretical
methods such as analysis and synthesis and the historical-logical were
employed. Regarding empirical methods, documents analysis, the corpus
linguistics method and the survey were followed. Results: the elaboration
of a bilingual glossary (English-Spanish) of legal terms based on a 450-text
corpus. This corpus consisted of acts, bills and proclamations taken from the
websites of The White House and US Congress respectively. Conclusions: this
glossary is a modest contribution to the improvement of the translation
activity carried out by university students.
Keywords:
translation; corpus analysis; glossary; legal terms
RESUMEN
Introducción: La traducción de
documentos legales se ha convertido en una actividad vital en la arena
internacional actual. Su principal propósito es unir culturas y sociedades que
hasta ahora habían estado distantes. Este artículo presenta un glosario
bilingüe de términos legales basado en corpus para estudiantes de Lengua
Inglesa de la universidad. Dicho glosario tiene como objetivo perfeccionar el
desempeño de los estudiantes en la traducción de documentos legales. Métodos: se emplearon métodos
tales como análisis-síntesis y el histórico-lógico. Con respecto a los métodos
empíricos, se implementaron el análisis de documentos, el método de lingüística
de corpus y la encuesta. Resultados: la elaboración de un
glosario bilingüe (inglés-español) de términos legales basado en un corpus de
450 textos. Este corpus estuvo compuesto de leyes, proyectos de ley y proclamas
tomadas de los sitios web de la Casa Blanca y el Congreso de los Estados Unidos
respectivamente. Conclusiones: este glosario es una
modesta contribución al perfeccionamiento de la actividad de traducción realizada
por los estudiantes universitarios.
Palabras clave: análisis de corpus; glosario
bilingüe; terminología legal; textos legales; traducción
INTRODUCTION
he
translation activity has been an intrinsic part of the human being since the
early stages of humanity. One of its major contributions has been the bridging
of different cultures and societies, taking the world interconnectedness to
unprecedented levels. There is a new cultural openness in today`s world brought
about by several determining factors such as the incredible progress in global
communications, the fast-growing international trade throughout the entire
world, as well as the new international awareness of many languages and
cultures that for centuries were dominated and suppressed. Despite the
increasing number of language courses and training programs meant to raise
people´s competence in languages other than their own, the need for language
mediators and translation training courses is growing (Vigo, 2019).
Undoubtedly,
all this shows that the role of translation is once again becoming critical in
shaping history and helping civilization make the transition into the next age.
Concerning the role of the translator, De Luxán (2020) states that he plays a
very important role within a global society and enables the establishment of relations
among people with different backgrounds and languages. When doing so, the
translator is taking part in the cycle of communication, where the characters
of author, translator and reader are interchangeable.
Many
authors have carried out different in-depth studies in the field of terminology
and corpus linguistics focused on the creation of practical tools for the
translator. With the impact of globalization, there is a growing interest in
the translation of official documents and therefore, an increase in the
elaboration of linguistic tools such as dictionaries and glossaries in this
field. One of the most inclusive works in this field is the fourth edition of
the Dictionary of Law by Collin (2004). This work provides legal terms with
their definitions but does not provide equivalents in Spanish.
It
has been observed that 4th year students of the degree course English Language
with French as a Second Foreign Language at the Central University “Marta
Abreu” of Las Villas face difficulties in the subject Traducción de
Documentos Oficiales (Translation of Official Documents) when it comes to
translate legal texts from English into Spanish. These difficulties arise out
of the complexity of this kind of text and its corresponding terminology.
Another reason for this is the current limitation of bilingual reference
sources so that students can improve their lexical competence in this field. This
was confirmed with a preliminary survey in which fourth year students referred
to their perceptions concerning the availability of bilingual reference
sources. Most of them expressed their need to increase the availability of
bilingual linguistic tools for the aforementioned subject.
This
research has a practical contribution because the proposed glossary will enhance
the lexical competence of 4th year English Language students in the field of
law. As the glossary is alphabetically-ordered, students will be able to
improve their performance when taking translation exams and will not have to
spend too much time consulting scattered sources related to the topic. Besides,
this bilingual glossary can be a useful tool for translation teachers when
preparing their lessons and even when choosing the corresponding texts for
exams. Specialists in the field of law such as lawyers, law professors and
students can also benefit from the glossary.
Due
to the aforementioned needs concerning a practical bilingual tool helping the
students with their translation tasks, the author of this study established the
following objective:
To
present a bilingual glossary (English-Spanish) of legal terms with the purpose
of improving the translation performance of 4th year students of the
degree course English Language with French as a Second Foreign Language at the
Central University “Marta Abreu” of Las Villas.
THEORETICAL FRAMEWORK
Legal translation is considered to be one of
the most challenging activities when it comes to mediating between two or more
culturally-different parties. For Matulewska & Wagner (2020), this type of
translation is to provide efficient communication in legal settings to all
communication process participants. Therefore, the task of intermediaries
(translators) in this communication process is to ensure the quality of expression
and quality of understanding between the message senders and recipients. Commenting
on the features of legal sphere texts, Loskutov (2020) claims:
They are full of
terminological words and collocations. These words have an official status and
some specific features differentiate them from other words used in a text and
even in a sentence. A term tends to have the only one meaning, thus they cannot
be interpreted differently. They are always of neutral style so their use shall
not be depending on the particular context. (p. 85)
The proposed glossary in this research was
compiled with the help of corpus linguistics analysis. Given its highly usage
of Information and Communication Technologies (ICT), this methodology is
becoming increasingly popular among lexicographers in the creation of terminological
works such as thesauri, dictionaries, glossaries, etc. In this regard, Egbert,
Larsson & Biber (2020) argue that the technological capabilities of corpora
and corpus analysis methods have been increasing at an astounding rate,
allowing practitioners to carry out research studies of an unimaginable scope just
a few decades ago. One remarkable benefit of these resources is that the practicing
researcher does not need technical expertise in computer science or engineering
to perform corpus analyses. That is, corpora are now so readily available, and
many corpus analysis tools are so user-friendly, that we are all able to carry
out sophisticated corpus analyses with relative ease.
While the scholarly world defines corpus in a
number of ways, this article adheres to the definition provided by Desagulier
(2018). For him, a corpus is a body of material (textual, graphic, audio,
and/or video) upon which some analysis is based. For that collection to count
as a corpus, it has to meet certain criteria such as sampling, balance,
representativeness, comparability and naturalness.
According to Mirza (2019), there are as many
types of corpora as there are research topics in linguistics. However, there
are two main types commonly used by language researchers today: general
corpora, which serve as a widely available resource for baseline or comparative
studies of general linguistic features and specialized corpora, that focus on a
particular spoken or written variety of language.
As
stated above, corpus analysis is a key methodology in order to create
dictionaries and glossaries. The glossary has become an important tool in the
translation process. It is useful when it comes to understanding new or
specialized vocabulary. This study follows the definition conveyed by the
Dictionary of Lexicography, which considers a glossary as a type of reference
work, which lists a selection of words, phrases, or terms in a specialized
field, usually in alphabetical order, together with minimal definitions or translation
equivalents (Hartmann & James, 1998).
For the glossary to be really helpful for its
intended users, it has to be well-presented and properly organized; that is
why, it is usually alphabetically ordered by main entry. In addition, it has a
double structure, usually referred to as the macrostructure and the
microstructure. By macrostructure, we mean the list of all the words that are
described in a dictionary. The microstructure, on the other hand, is all the
information given about each word in the macrostructure that is to say, the
arrangement of information within the individual dictionary entries. That
information is organized systematically into easily distinguishable smaller and
larger sections per word (Van Sterkenburg, 2003).
METHODOLOGY FOLLOWED
To carry out this study a sample of 450 texts
was chosen for analysis. From the 450 texts selected, 400 were acts or bills
and 50 were proclamations. All the texts were taken from authentic sources such
as the websites of The White House and the US Congress which were published
between 2011 and 2016. The corpus is entirely composed of legal documents
belonging to the United States government because these are the ones used by
4th year students of the degree course English Language with French as a Second
Foreign Language in the subject Traducción de Documentos Oficiales.
The research methodology belongs to a
qualitative paradigm since it follows an inductive approach, in which a certain
pattern or linguistic phenomenon is analyzed on the basis of the collected data.
Involving a move from the specific to the general, it is sometimes called the bottom-up
approach.
Overall, the compilation of the bilingual
glossary went through different stages. Firstly, the author did research into
the domain of specialty of the glossary. Secondly, a corpus was compiled from
the websites of the White House and the US Congress respectively. Thirdly, the
set of texts from the corpus was processed by means of the software
AntConc3.5.0w created by Laurence Anthony in order to obtain a comprehensive
list of all the words present in the corpus; and finally, the glossary of legal
terms was elaborated using the concordancer software and some dictionaries.
For the creation of the bilingual glossary of
legal terms herein presented, this research followed the stages proposed by Vargas
(2005) for the elaboration of any terminological product: (1) definition of the
glossary, (2) research about the domain of specialty the glossary encompasses,
(3) corpus compilation and analysis, (4) definition of terms and creation of
the terminological entries, (5) revision and assessment of the glossary and (6)
the edition of the glossary (Vargas, 2005). Avoiding comprehensive explanations,
just some of these stages will be highlighted.
Definition
of the glossary
The
terminological work herein presented is a bilingual glossary (English-Spanish)
of terms employed in the field of law. This glossary is, according to Cabré
criteria (1992), synchronic, systematic and multilingual. It is synchronic
because it includes only the terminology of a specialized domain, in this case,
law and it does not refer to the evolution of terms. It is systematic since it
covers a set of terms and phrases from a specialty area, not the specific
analysis of a single phrase or term. It is also multilingual (bilingual)
because two languages are used, English and Spanish.
As
to the linguistic functions, this glossary is descriptive because it only
provides a definition or explanation of terms, without taking into account
their morphology, use or origin. Furthermore, it focuses on the pursuit of
terminological material used by specialists taken from a corpus of specialized
texts.
Research
about the domain of specialty the glossary encompasses
Prior
to the compilation of any dictionary or glossary, it is critical to highlight
the kind of information the author has compiled in order to start the
terminological process as such. To carry out this study two types of
information sources were utilized: primary information sources, to get familiar
with the research foundations and to understand the process of research
methodology and secondary information sources, with the use of information
taken from dictionaries and glossaries.
Corpus
compilation and analysis
The
corpus compilation is extremely important to determine the quality of the final
product. For the compilation of the corpus herein presented, the following compilation
criteria were taken into account: size, transmission mode, level of
specialization, type of text, authorship, language of the corpus and date of
publication.
The texts extracted from the websites of the White House
and US Congress were initially in html format and were converted into txt
format so as to make them compatible with the software used to process texts.
Processing of the corpus using the software AntConc 3.5.0
(Windows)
In order to process the corpus selected for this
research, the software AntConc 3.5.0 for Windows was employed. AntConc is a
program for analyzing electronic texts in order to find and reveal patterns of
language. This software was chosen since it is a lightweight, simple and
easy-to-use corpus analysis toolkit that has been deemed extremely effective.
In addition, it offers many of the essential tools needed for the analysis of
corpora, with the added benefit of an intuitive interface and a freeware
license.
AntConc
contains some tools that can be accessed either by clicking on their 'tabs' in
the tool window, or using the function keys F1 to F7. One of them is the
Concordance Tool, which shows search results in a 'KWIC' (Key Word In Context)
format. This allows to see how words and phrases are commonly used in a corpus
of texts. Another important tool commonly used in this software is the Word
List that counts all the words in the corpus and presents them in an ordered
list. This allows to quickly find which words are the most frequent in a
corpus. The File View tool shows the text of individual files, which allows to
investigate in more detail the results generated in other tools of the program.
The Keyword List shows which words are unusually frequent (or infrequent) in
the corpus in comparison with the words in a reference corpus (Anthony, 2014).
Other tools are the Concordance Plot, the Clusters/N-Grams and the Collocates.
During
the processing stage of the corpus there were two tools that were particularly
useful, the Word List Tool and the Concordance. When the words in the corpus
were analyzed with the Word List tool, the author noted that the words with the
highest frequency were all function words such as conjunctions, prepositions,
definite and indefinite articles, among others. These words were not considered
for the extraction of the possible terms and the creation of the glossary. With
the list created by the Word List tool, all 19 095 word types were examined to
determine the possible candidates to be included as terms.
Then, each possible term was analyzed with the
Concordance Tool to obtain another list of the word in its context with the
purpose of identifying compound lexical units like block grant or burden
of proof. Finally, a word was included in the glossary when its meaning in
a given context matched with the equivalents found in the different
dictionaries.
Definition of terms and creation of
terminological entries
A total of 201 legal terms were identified after the
verification and careful scrutiny of the lists of words. It is important to
highlight that there are several words and phrases that though not considered
as “terms”, were included in the glossary due to their high occurrence in legal
texts. Most of these lexical units are archaisms like thereafter and whereof.
This glossary also includes names of U.S. agencies and organizations with their
equivalents in Spanish.
To determine the terminological value of the lexical
units as well as their definitions, several terminological resources related to
law were consulted. They were:
To find the definition of the terms in English:
Dictionary of Law by P. H. Collin (2004) (digital version); The
Merriam-Webster’s Dictionary of Law (2011) (digital version); The
Merriam-Webster’s 11th collegiate dictionary (2003) (digital version); Oxford
Dictionary of Law (2003) (digital version); The Nolo’s Plain-English Law
Dictionary (2009) (digital version); Webster’s New World Law Dictionary (2006)
(digital version); The Free Dictionary.com,
http://legal-dictionary.thefreedictionary.com and https://www.oregonlaws.org.
To
find the equivalents in Spanish:
English-Spanish
Legal Dictionary by Jorge Andrade (2006) (digital version)
The
bilingual online Oxford dictionary
http://context.reverso.net;
http://www.wordreference.com
https://www.usa.gov.
All of the aforementioned sources are recognized for
their value and reliability. For the definitions of the lexical units included
in the final version of the glossary, some techniques were used: classical
analytical definition (a word is defined by a characteristic that distinguishes
it from any other association) and the substitution principle (the definition
of an entry from an equivalent word), that is common in Terminography,
especially in bilingual glossaries or dictionaries.
RESULTS
AND DISCUSSION
The design of the glossary that is, its macrostructure
and microstructure, was organized based on each terminological entry.
Macrostructure
The general organization of the glossary is designed to
be user-friendly, that is, easy to follow, clear and easy to understand. The
glossary starts with a brief introduction stating the purpose of the glossary,
the description of the organization of the entries as well as its potential
users.
The entries of the glossary are alphabetically arranged
to facilitate its use. Each entry is bold typed to distinguish it from its
equivalent in italics. The definition is placed one space below the entry and
beneath it, in a smaller font, the source from which the definition was taken.
Both simple and compound words have their own entry.
Compound words are always ordered by the first word that forms the compound. In
some cases, each simple word might already be defined independently in the
glossary.
Microstructure
Every
entry of the glossary is followed by its equivalent in the target language
(Spanish). The original definition is provided in the same language of the
entry (English) with the source from which it was taken. It should also be
noted that the definitions are elaborated following English language
lexicographical traditions.
Where
there is more than one usage or ‘sense’ of the term, this is indicated by the
insertion of the numbers "(1)" "(2)" and so on, before each
separate definition.
Sample
of the glossary
Abduction: Secuestro
The unlawful carrying away of a wife or female child or
ward for the purpose of marriage or sexual intercourse. This definition has its
roots in common law. As statutorily defined, mainly in the 19th century,
abduction was generally stated to include taking away or detention of a woman
under a certain age, usually 16 or 18, with or without her consent or knowledge
of her age.
Source: Merriam-Webster’s Dictionary of Law.
______________________________________________________
Acquit (v): Absolver
To set a person free
because he or she has been found not guilty.
Source: Dictionary of
Law (2004)
______________________________________________________
Acquittal:
Absolución
A
decision by a judge or jury that a defendant in a criminal case is not guilty
of a crime. An acquittal is not a finding of innocence; it is simply a
conclusion that the prosecution has not proved its case beyond a reasonable
doubt.
Source:
Nolo’s Plain-English Law Dictionary.
______________________________________________________
Act: Ley
A
statutory plan passed by Congress or any state legislature which is a
"bill" until enacted and becomes law.
Source: Nolo’s Plain-English Law
Dictionary
Acts of
God: Casos de fuerza mayor
An
extraordinary natural event (as a flood or earthquake) that cannot be
reasonably foreseen or prevented.
Source: Merriam-Webster’s
Dictionary of Law.
Ad hoc: Ad hoc
For the particular end or case at hand without
consideration of wider application.
Source: Merriam-Webster’s Dictionary of Law.
______________________________________________________________
Ad litem: Ad litem (propósitos de la demanda)
Latin, meaning "for the purposes of legal action
only". A person who files a lawsuit for minor child or for a person who is
incompetent acts as "guardian ad litem" (guardian just for the
purposes of the lawsuit). A person acting ad litem has the responsibility to
pursue the lawsuit and to account for the money recovered for damages.
Source: Nolo’s Plain-English Law Dictionary.
______________________________________________________
Adjourn
(v): Aplazar, diferir.
To put
off further proceedings of either indefinitely or until a later stated time.
Source:
Merriam-Webster’s Dictionary of Law.
______________________________________________________
Adoption:
Aprobación
The act
of agreeing to something so that it becomes legal.
Source:
Dictionary of Law (2004).
______________________________________________________
Advocacy:
Defensa
The
skill of pleading a case orally before a court.
Source: Dictionary of Law
(2004).
Aforementioned:
Antes mencionado
Having
been mentioned earlier.
Source:
Dictionary of Law (2004).
______________________________________________________
Agency for International
Development: Agencia de los Estados Unidos para el Desarrollo Internacional
The
U.S. Agency for International Development (USAID) is the principal U.S. agency
to extend assistance to countries recovering from disaster, trying to escape
poverty, and engaging in democratic reforms.
Source:
https://www.usa.gov/federal-agencies/u-s-agency-for-international-development
______________________________________________________
Allegation: Alegación, alegato
A
statement, usually given in evidence, that something has happened or is true.
Source: Dictionary of
Law (2004).
______________________________________________________
Allegiance: Lealtad, fidelidad
The
duty of obedience owed to a head of state in return for his protection. It is
due from all citizens of that state and its dependencies and also from any
alien present in the state (including enemy aliens under license; for example,
internees).
Source:
Oxford Dictionary of Law.
______________________________________________________
Allocation:
Asignación, distribución
The
stage in civil litigation when a decision is made as to how the case is to be
dealt with.
Source: Oxford Dictionary of
Law.
Alteration:
Alteración
A
change that, when made in a legal document, may affect its validity.
Alterations made after execution do not affect the validity of the deed if
their purpose is to correct an obvious error. If, however, a material
alteration is made to a deed after execution without the consent of the
parties, the deed may become void in part.
Source:
Oxford Dictionary of Law.
______________________________________________________
Amendment:
Enmienda
The
alteration of a writ, pleading, indictment or other document for the purpose of
correcting some error or defect in the original or to raise some new matter,
claim or allegation.
Source: http://legal-dictionary.thefreedictionary.com/amendment
______________________________________________________
American
Psychological Association: Asociación Estadounidense de Psicología
The American Psychological Association was founded in 1892 with 31
members and grew quickly after World War II. Today, APA has more than 115,700
members and 54 divisions in subfields of psychology. It aspires to excel as a
valuable, effective and influential organization advancing psychology as a
science. Its strategic goals include expanding psychology's role in advancing
health and increasing recognition of psychology as a science.
Source: http://www.apa.org
______________________________________________________________
Amicus curiae: Amicus curiae (amigo del tribunal)
Latin
for "friend of the court," a party or an organization interested in
an issue which files a brief or participates in the argument in a case in which
that party or organization is not one of the litigants.
Source: http://dictionary.law.com.
Appeal:
Apelación
Timely
resort by an unsuccessful party in a lawsuit or administrative proceeding to an
appropriate superior court empowered to review a final decision on the ground
that it was based upon an erroneous application of law.
Source:
http://legal-dictionary.thefreedictionary.com/appeal
______________________________________________________
Appellate review: Revisión
de las apelaciones
It
refers to the power of a higher court to examine the decision or order of a
lower court for errors. Appellate review performs several functions, including:
the correction of errors committed by the trial court, development of the law
and precedent to be followed and anticipated in future disputes, and the
pursuit of justice.
Source:
https://definitions.uslegal.com/a/appellate-review/
______________________________________________________
Apportionment:
Distribución
The act
of sharing out such as property, rights or liabilities in appropriate proportions.
Source: Dictionary of Law (2004).
______________________________________________________________
Appropriation: Consignación,
dotación
The allocation of money for a particular purpose such as
distributing parts of an estate to beneficiaries.
Source: Dictionary of Law
(2004).
Attorney General: Fiscal
General
In a US state or in the federal government, the head of
legal affairs. In the US Federal Government, the Attorney-General is in charge
of the Justice Department.
Source: Dictionary of Law (2004).
______________________________________________________
Attorney’s
fee: Honorarios del abogado
The
payment made to a lawyer for legal services. These fees may take several forms:
hourly, per job or service. Attorney fees must usually be paid by the client
who hires a lawyer, though occasionally a law or contract will require the
losing party of a lawsuit to pay the winner’s court costs and attorney fees.
Source:
Nolo’s Plain-English Law Dictionary.
______________________________________________________
Bad
faith: Mala fe
The
intentional refusal to fulfil a legal or contractual obligation, misleading
another, or entering into an agreement without intending to or having the means
to complete it. Most contracts come with an implied promise to act in good
faith.
Source: Nolo’s Plain-English Law
Dictionary.
Assessment of the glossary by specialists
The glossary was assessed by six specialists from Central
University “Marta Abreu” of Las Villas. All of them are university professors,
four belong to the Department of English Language and two teach in the
Department of Law.
These
specialists were given a survey with some descriptors for assessing the
glossary following criteria from 1 to 5, considering 1 as the lowest criterion
and 5 as the highest one. From the application of the survey the following
results were obtained:
Accuracy
of information:
All
(6) specialists (100%) marked criterion 5
Objectivity:
All
(6) specialists (100%) marked criterion 5
Currency:
(5)
specialists (83,3%) marked criterion 5 and (1) specialist (16,7%) marked
criterion 4
Reliability:
All (6) specialists (100%) marked criterion 5
Format and presentation:
(4) specialists (66,7%) marked criterion 5 and (2)
specialists (33,3%) marked criterion 4
Some of the specialists suggested enlarging the glossary
and adapting it to the Cuban juridical norms so that law students could use it
when studying the different Cuban laws and regulations.
Summing up, all the specialists agreed that the glossary
is a valuable tool for fourth year students of the degree course English
Language with French as a second Foreign Language when taking translation exams
in the subject Traducción de Documentos Oficiales. They also considered
the glossary is user-friendly, easy to use and greatly covers the need of
bilingual reference sources in the aforementioned subject.
CONCLUSIONS
Corpus linguistics has had a significant impact on the
study of modern languages and has led to the creation and improvement of
numerous terminological works such as glossaries, dictionaries, etc. This
article highlighted the importance of translation in our increasingly
interconnected world and as a modest contribution to the teaching of
Translation at the Central University “Marta Abreu” of Las Villas, specifically
to the subject Traducción de Documentos Oficiales, it presented a
bilingual glossary (English-Spanish) of legal terms. As stated by some specialists,
this glossary is a useful tool for both, law professionals and English Language
students.
BIBLIOGRAPHICAL
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