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TitleArabic-English-Arabic Legal Translation
Tags
LanguageEnglish
File Size1.6 MB
Total Pages191
Table of Contents
                            Cover
Half Title
Title Page
Copyright Page
Dedication
Table of Contents
List of figures
List of tables
List of abbreviations
Acknowledgments
1 Introduction
	1.1 Aims of the book
	1.2 Hypothesis and research questions
	1.3 Research on the problems of legal translation: a brief review
	1.4 Methodology
	1.5 Data analysis
	1.6 Structure of the book
2 English and Arabic legal discourse and legal translation
	2.1 Introduction
	2.2 What is legal translation?
	2.3 Historical background of legal discourse and legal translation in the English tradition
	2.4 Historical background of legal discourse and legal translation in the Arabic tradition
	2.5 Categories of legal translation
		2.5.1 Legal translation with respect to functions of legal discourse
		2.5.2 Legal translation with respect to categories of legal discourse
	2.6 Approaches to legal translation: a brief review of translation theory
3 Features of English and Arabic legal discourse
	3.1 Introduction
	3.2 Features of English legal discourse
		3.2.1 Lexical features
			3.2.1.1 Archaic terms
			3.2.1.2 Latin and French terms
			3.2.1.3 Formal terms
			3.2.1.4 Religious, culture-specific and system-based lexis
			3.2.1.5 Other lexical features
		3.2.2 Syntactic features
			3.2.2.1 Nominalization
			3.2.2.2 Passivization
			3.2.2.3 Wh-deletion
			3.2.2.4 Conditionals, prepositional phrases and restrictive connectors
			3.2.2.5 Complex sentences
			3.2.2.6 Performative verbs and modals
			3.2.2.7 The use of negation
			3.2.2.8 Binomial expressions/doublets and triplets
		3.2.3 Textual features
			3.2.3.1 Elements of cohesion
	3.3 Features of Arabic legal discourse
		3.3.1 Introduction
		3.3.2 Lexical features
			3.3.2.1 Religious, culture-specific and system-based terms and expressions
			3.3.2.2 Formality
			3.3.2.3 Gender-biased terms
			3.3.2.4 Archaic terms
		3.3.3 Syntactic features
			3.3.3.1 Nominalization
			3.3.3.2 Passivization
			3.3.3.3 Modals
			3.3.3.4 Complex sentence structure
			3.3.3.5 Doublets and triplets
			3.3.3.6 Participles
		3.3.4 Textual features
			3.3.4.1 Lexical repetition
			3.3.4.2 Reference
			3.3.4.3 Conjunctions and punctuation
	3.4 Exercises and discussions: features of legal English and legal Arabic
4 Framework for data analysis
	4.1 Introduction
	4.2 Vinay and Darbelnet’s model
		4.2.1 Direct translation
			4.2.1.1 Borrowing
			4.2.1.2 Calque
			4.2.1.3 Literal translation
		4.2.2 Oblique translation
			4.2.2.1 Transposition
			4.2.2.2 Modulation
			4.2.2.3 Equivalence
			4.2.2.4 Adaptation
	4.3 Alcaraz Varó and Hughes’ techniques of adaptation
		4.3.1 Transposition
		4.3.2 Expansion
		4.3.3 Modulation
	4.4 Baker’s levels of equivalence
		4.4.1 Equivalence at word level and above word level
		4.4.2 Grammatical equivalence
		4.4.3 Textual equivalence
	4.5 Methodology
		4.5.1 The lexical level
		4.5.2 The syntactic level
			4.5.2.1 Modal auxiliaries in English and Arabic
			4.5.2.2 Modal auxiliaries in English
			4.5.2.3 Modal auxiliaries in Arabic
			4.5.2.4 Passivization in English and Arabic
		4.5.3 Addition and omission
	4.6 List of documents for data analysis
		4.6.1 English–Arabic documents
		4.6.2 Arabic–English documents
5 Analysis of Arabic–English–Arabic texts: the lexical level
	5.1 Introduction
	5.2 Analysis of religious, culture-specific and system-based terms and phrases in Arabic–English official and legislative documents
		5.2.1 Quantitative analysis of religious, culture-specific and system-based terms and phrases
		5.2.2 Qualitative analysis of religious, culture-specific and system-based terms and phrases
			5.2.2.1 Reference to God
			5.2.2.2 Religious terms and concepts
	5.3 Religious, culture-specific and system-based terms and phrases in Arabic–English international documents
		5.3.1 Quantitative analysis of religious, culture-specific and system-based terms and phrases in the UIDHR
		5.3.2 Qualitative analysis of the frequency of techniques of translating culture-specific
and system-based terms and phrases in the UIDHR
			5.3.2.1 Translation by ‘omission’
			5.3.2.2 Translation by ‘adaptation’
			5.3.2.3 Translation by both ‘literal’ translation and ‘borrowing’
			5.3.2.4 Translation by ‘addition’
	5.4 Analysis of English–Arabic system-based and culture-specific terms
		5.4.1 A note on the concept of civil partnership
		5.4.2 Quantitative analysis of English–Arabic culture-specific system-based terms and phrases
		5.4.3 Qualitative analysis of English–Arabic system-based and culture-specific terms
	5.5 Analysis of archaic terms in Arabic–English documents
		5.5.1 Translation of archaic terms in Arabic–English official documents
	5.6 Analysis of archaic terms in English–Arabic documents
	5.7 Exercises and discussions
6 Analysis of Arabic–English–Arabic texts: the syntactic level
	6.1 Introduction
	6.2 Analysis of modal auxiliaries in English–Arabic documents
		6.2.1 Quantitative analysis of modal auxiliaries in English–Arabic documents
		6.2.2 Qualitative analysis of modal auxiliaries in English–Arabic documents
			6.2.2.1 Translation of shall
			6.2.2.2 Translation of may
			6.2.2.3 Translation of other less frequent modals
	6.3 Analysis of modal expressions in Arabic–English documents
		6.3.1 Quantitative analysis of modal expressions in Arabic–English documents
		6.3.2 Qualitative analysis of modal expressions in the AChHR
			6.3.2.1 Translation of لا يجوز (it is not permissible/not allowed)
			6.3.2.2 Translation of less frequent modal expressions
	6.4 Translation of the passive in English–Arabic documents
		6.4.1 Quantitative analysis of passive in English–Arabic documents
		6.4.2 Qualitative analysis of passive in English–Arabic documents
			6.4.2.1 Passive → active
			6.4.2.2 Passive → passive
	6.5 Translation of passive in Arabic–English documents
	6.6 Exercises and discussions
7 Conclusion and recommendations
Notes
References
Index
                        
Document Text Contents
Page 2

Arabic–English–Arabic Legal
Translation

Arabic–English–Arabic Legal Translation

Hanem El-Farahaty

Page 95

5 Analysis of Arabic–English–
Arabic texts: the lexical level

5.1 INTRODUCTION

The analysis of data will be divided into two chapters, each of which will involve one
linguistic level; Chapter 5 discusses the lexical level and Chapter 6 deals with the syntactic
level. This chapter will be concerned with the translation of some lexical elements between
English and Arabic and vice versa with reference to three legal subtypes, namely, interna-
tional, legislative and official. From Arabic into English, these elements include religious,
culture- specific and system- based terms and archaic terms. The documents analyzed include
excerpts from Hatim, Shunnaq and Buckley (1995), Mansoor (1965a and b), the Universal
Islamic Declaration of Human Rights (UIDHR) and the Arab Charter of Human Rights
(AChHR). From English into Arabic, culture- specific and system- based terms and archaic
terms will be analyzed. The documents investigated will discuss the issue of civil partner-
ship as given in several UN documents obtained from the UN (ODS) as well as other docu-
ments such as the Charter of the United Nations (ChUN) and the Universal Declaration of
Human Rights (UDHR) and other official documents obtained from law professionals such
as an Account Opening Form and a Lease Agreement.

As mentioned in chapter 4, the analysis will be in two phases, the first of which is a tabu-
lated quantitative frequency analysis of the procedures used in translating the element under
investigation. The second phase is a qualitative critical analysis, the aim of which is to criti-
cally reflect on and criticize some of the examples given and attempt to provide some solu-
tions wherever possible.

5.2 ANALYSIS OF RELIGIOUS, CULTURE-SPECIFIC AND
SYSTEM-BASED TERMS AND PHRASES IN ARABIC–ENGLISH
OFFICIAL AND LEGISLATIVE DOCUMENTS

This section aims to ascertain certain religious, culture- specific and system- based elements
and which procedure is used in translating them as discussed by Vinay and Darbelnet (1995)
and Alcaraz Varó and Hughes (2002).

5.2.1 Quantitative analysis of religious, culture-specific and
system-based terms and phrases
The following table provides a frequency analysis of the procedures used in translating the
above elements:

Page 96

Analysis of Arabic–English–Arabic texts: lexical level 79

The above information can be presented in the following chart:

Table 5.1 Frequency analysis of the techniques of translating culture- specific and system- based terms
and phrases in Arabic–English official and legislative documents

Technique of translation No. of occurrences Proportion of techniques found (%)

adaptation 6 30
expansion 5 25
literal 5 25
transposition 3 15
borrowing 1 5
Total 20 100

Figure 5.1 Frequency analysis of the techniques of translating culture- specific and system- based
terms and phrases in Arabic–English official and legislative documents.

As shown in the above table and chart, ‘adaptation’ comes in first place with a percentage
of 30 percent. In second place come both ‘expansion’ and ‘literal translation’, achieving the
same degree of frequency of the total number of procedures 25 percent. ‘Transposition’
comes in third place with a frequency of 15 percent, whereas ‘borrowing’ has registered only
5 percent.

5.2.2 Qualitative analysis of religious, culture- specific and
system- based terms and phrases
This section critically discusses the above elements in terms of the procedures presented
in the table above. It is worthwhile dividing them into some subcategories as given below:

5.2.2.1 Reference to God

In matters of religious culture the problems of translation are often the most perplexing.
The names of the deity are a continual difficulty. The native word may have a heavy
connotative significance which makes it awkward to use. On the other hand a foreign
word often implies an ‘alien’ God. Whether the translator is aware of it or not, the

35

30

25
Q)
Ol

~ 20
Q)

~ 15 Q)
a.

10

5

0
Adaptation Expansion Literal Transposition Borrowing

Page 190

Index 173

Umayyad caliphate (661–750) 8
UNCTAD (United Nations Conference on

Trade and Development) 16
UN documents 76
United Arab Emirates 36
United Nations 11
United Nations Conference on Trade and

Development (UNCTAD) 16
United States, Bill of Rights 7
Universal Declaration of Human Rights

(UDHR) 28, 76, 78
Universal Islamic Declaration of Human

Rights (UIDHR) see UIDHR
(Universal Islamic Declaration of
Human Rights)

Vázquez-Ayora, Gerardo 62
Venuti, L. 80, 155n
verbosity see lexical repetition
verbs: in Arabic 73; complex sentences 25;

gender- biased terms 37; lexical, of necessity
121–3; passive 24, 74; performative 25–8;
verb–noun transposition 97

Vermeer, H. 17, 18, 155n

Vienna Convention the Law of Treaties 31
Vinay, Jean-Paul 3, 4, 59–62, 63, 78, 91,

101, 121, 155n
voice 71, 73
volition 68, 157n

Wagner, Emma 17, 155n
Watt, W. 9
Webster’s Online Dictionary 82, 84, 95
Weisflog, W. E. 16
wh- deletion 24
Williams, M. P. 43, 49
Woodsworth, Judith 9
word- by- word translation 9, 62, 154n
wordiness see lexical repetition
word pairs 28
words, equivalence levels 63–4
Wright, G. H. von 67, 68
Wright, William 43, 69, 73–4, 138

Young M. J. L. 40
Yusuf Ali, A. 156n

Zeki, Ahmed 51

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