The Application of Legal Dual Equivalence: Using Article 44 of the R.O.C Criminal Code of the Armed Forces as an Example
| Autor: | TSAI, KAI-WEN, 蔡凱文 |
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| Rok vydání: | 2019 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 107 After a long period of development, it seems there is still not a perfect solution to legal translation. Among all of the legal translation theory and principle, “the principle of legal dual equivalence” treats legal factors and linguistic factors separately. It further claims legal factors lead before linguistic factors. To deal with legal factors, we should starts from the reference system embedded in the legal system of each country (state or territory). The reference is different, and therefore, it causes different legal concepts. This difference should be addressed first. Next, legal translators have to tackle the difference of languages. Indeed, some particular parts of the legal text should be scrutinized as legal elements when legal translators search for their equivalents. The other parts of the legal text should be seen as a regular text, being translated in a linguistic way or in compliance with general translation theory. However, this principle is in shortage of operational procedures to perform. Therefore, three steps of legal dual equivalence is proposed to abridge the gap between theory and practice: first, legal equivalence of legal terms and legal speech acts; second, linguistic equivalence of words without legal concepts, syntax and grammar; and third, choice from multiple possibilities of delivery according to the purpose. Through the application of the three steps into the translation of the paragraph 1 of the article 44 of the Criminal Code of the Armed Forces of the Republic of China, this author compares this author’s translation with the official one, and verifies the feasibility of it. This author’s translation fulfills the concise nature of legal language and natural usage of sentence structure. Moreover, this author’s translation is further close to the language and sentence structure presented in the UCMJ, which accomplishes the purpose of this author’s translation. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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