Legalese

Translating the language of the law

Somewhat sarcastically—or desperately, depending on who you are talking to—considered a language in its own right, legal speak in any tongue is a hard nut to crack for those not acquainted with it. Its specific terminology extends far beyond individual terms and encompasses an extensive set of phrases and expressions. The latter are extremely rigid, to such a degree that even the slightest change can invalidate them, and since the raison d’êtreof any court document, decree, contract, waiver or disclaimer is its inherent validity, every effort is made to avoid such changes. This of course often results in an almost archaic language that requires some decoding.

Rule no. 1: Know thy glossary

Familiarity with this specific vocabulary and jargon, an aptitude for deciphering the “code” in its individual context and the ability to work said code into different types of legal texts are the top requirements for the translator, which applies to his/her source and target languages. As the archaic elements of legal lingo may not have changed much since the early days of a particular judicial system for the reasons shown above, the job of the translator could be mistaken for simply memorizing century-old terminology. His core challenge, however, consists in determining where an equivalent in the other language (and system) actually exists and is called for and where he or she is forced to use a literal, yet comprehensible, translation. Lawyers in most countries, for instance, will use a severability clause in standard contracts, and the translator has to be familiar with its designation and phrasing in the target language(s), which is not necessarily a word-by-word rendition (“Salvatorische Klausel” in German, for instance, from Latin salvatorius, meaning maintaining or preserving, and “Clause de sauvegarde” in French, meaning safety or protection). Were we to translate the above into English, we would end up with “Preservation” or “Protection clause” rather than “Severability clause” if unfamiliar with the concept in question, and thus introducing an inaccuracy.

Rule no. 2: Know thy concepts

Then there is the opposite case. Even in countries with similar legal systems, like the US and many of the European countries, different structures (e.g. the court system) and concepts exist that do not have an exact equivalent. If we look to Asia or the Middle East, the gap becomes even more apparent. Many books and papers have been written about how a domestic court should handle and/or interpret specific laws and regulations of other countries (ranging from the difference in the validity of electronic signatures—Germany and the US—to the notion of Mahr, the Muslim custom where the groom has to give a gift to the bride in consideration of the marriage). The translator finds himself to a certain extent in the middle of the discussions without being able to wait for an outcome, but rather with the obligation to find a workable solution for the text or document that awaits translation. In that sense, the language of the law is in just as much fluctuation as all other linguistic expressions, and needs to be adapted to new circumstances and developments. Research is a constant companion to all professional translators, and an in-depth knowledge of legal processes, systems and concepts is the foundation to be built upon.

Rule no. 3: Write for thy audience

Writing for your audience bears yet more responsibilities in this context than it does in a purely commercial or marketing context. The translated text needs to be not only understandable and readable, but it must be applicable to the target group. While contracts will usually contain a clause asserting that they are only enforceable in the language they were originally written in, disclaimers, waivers, non-disclosure or license agreements that appear as part of product packaging or online rely on their binding effect in translation (ironically, the latter example also relies on the disputed electronic signature discussed above). Enhancing the readability of translated legal texts does not involve simplifying complicated sentence structures—even though one of the characteristics that make legalese so “foreign” is its intricate and elaborate (read: long-winded) phrasing. Rather, the wording used in the translation must be familiar and part of the legal canon of the target country. If a new concept has to be introduced, the terminology must come as close as possible to the terminology that would be used in the target language if its speakers were to adopt this concept into their legal system (and if you know the severability clause, you know this provision comes pretty close to it).

In witness whereof, I assure you that this article may not be used against me in any court of law in any language.

Nanette Gobel

Along for the Ride

How to map out successful routes that steer your translation projects the right way

Which question would you respond to positively: “Care to join me?” “Would you like to come with me?” “Can you please come?” Or are they all the same? Translations can be the object of much scrutiny, and sorting out what the proverbial bone of contention may be in individual cases is difficult. Let’s take a look at the process and see if there are any road signs that will help avoid complicated detours.

The beauty of the linguistic landscape

In any given language, there are many ways to express an idea, a fact, an opinion. Whether in conversation or in writing, we have to choose one, and our decision will be based on a variety of factors—the best-suited vocabulary and terminology, the most befitting grammar, the proper style. Yet, the choice is subjective in that we are to decide what works best on all those levels, and someone else might argue that it can be said better, or more eloquently, or more pointedly. The same is true for the translator. While it is the translator’s responsibility to decode and interpret these aspects in the source document, when it comes to choosing how they are best rendered in the target language, more than one option will present itself.

Knowing the difference

Even when clear mistakes and misinterpretations are ruled out, there might be translation options that can’t make the cut for other reasons. 1. The terminology is correct, but the client uses a different variant. 2. The sentence structure is accurate, but lacks flow and clarity. 3. The style corresponds to the original, but is not appropriate for the target audience. Experienced translators will do their best to avoid these pitfalls and (1) check with the agency if the client has supplied specific terminology, (2) choose readability over literality, and (3) customize the text for the intended market.

Where content and form converge

One of the classic rules of thumb for translators is the seemingly straightforward “Don’t add anything, don’t leave anything out”. Of course, if the source text reads “The fish weighed 250 pounds”, the translation should not be “The fish weighed a whopping 250 pounds”. Or should it? As a matter of fact, if the next sentence goes on to make a statement about the fish’s weight to this effect, it is a recognized translation technique to reorganize the text structure in a way that is more suitable in the target language. What’s more, all the examples above defy the line that is drawn by this rule between content and form, i.e. implying that the latter can be changed while the former needs to remain consistent. The two aren’t necessarily as separable as we might wish. Philosophy has long claimed content and form to be indivisible, so how are we to divide them in translation? Artists always strive for a balance of the two, because “When form predominates, meaning is blunted… When content predominates, interest lags.” (Paul Rand).

Feedback that gets you on track

Reviewing a translation thus involves taking a step back and looking at the bigger picture. This includes an in-depth look at the original document. If the reviewer finds a statement in the translation of a marketing message that seems out of line with local policies, it must be verified if it is indeed the translation of the message that creates this impression or if it is the message itself that may be appropriate for one market but not for another. There is a limit to what a translator can do with regards to adapting form and content to the target audience. If cultural concerns are involved and the entire concept needs to be replaced—for instance because of religious or political references, or because of the use of colloquialisms that are acceptable in one culture but not the other—client and translator should work together to come up with a solution. If the source document contains information or facts that the reviewer in the target market feels should not be put out to this particular audience, the translator’s hands are bound. In this case, the rule of refraining from adding and eliminating elements fully applies: There is no way the translator can add the weight of the fish into the translation or take it out.

Alternate ways to your destination

To arrive at a target document that is the best it can be and as free of controversy as possible, defining and discussing your goals with your language service provider of choice as well as with your foreign partners on the outset is crucial. When placing the translation order, let the agency know if you are concerned with culturally sensitive issues. If the material turns out to require adaptation to match target market customs and conventions, for instance because it addresses the audience in a way that wouldn’t be appropriate or uses humor in a way that might be misunderstood, the agency will assign translators specializing in this type of material. If your foreign affiliates are concerned with the choice of information and facts or feel that even providing company terminology and other guidelines will not result in a translated document customized enough to appear on their websites, packaging etc., there is another option. You can let them know from the start that you will have your source document translated as is, but that they can customize it after the fact, i.e. make changes that include adding and taking out components of the text. This version is then back translated, so that it is clear where the differences lie and headquarters remains in control of the distributed content.

Key is that the ride never really is the same, but understanding what matters to get you there and working closely with your co-pilots should make it equally joyful and successful.

Nanette Gobel

I Eat Your Liver

Nothing reveals the character of a language and thereby—to a certain degree—of its speakers more than idioms and colloquialisms, standardized expressions that usually defy attempts of literal translation. Their use can be great fun but also (quite literally…) spell trouble when addressing a global audience.

“Argot” as the French call it—giving the phenomena a somewhat more sophisticated ring than the English “slang”—is usually so engrained in our daily communications that we do not notice anything strange, even if we are saying things that can appear quite absurd. We never really “nuke” our food nor does it actually rain cats and dogs. But have you ever wondered what it rains in other cultures? Well, you might be surprised to find out that in South Africa, it’s raining old women with knobkerries (clubs) and in Norway, female trolls. The Spanish offer husbands, and the Polish, frogs.

Each expression tells a story and invites to speculate on the origins of the idiom as well as the associated idiosyncrasies of the respective culture. I am probably not the only one who is reminded of the end scene of the movie “Magnolia” by the last example above. While some have interpreted the sequence as a biblical reference (Exodus 8:2) – which could in turn explain the Polish saying, given the strong catholic tradition in the country – recent studies go as far as establishing “raining animals” as a scientifically explainable occurrence, reported from many cultures throughout the ages.

The magic of words

Scientific proof or not, the power of the image can be tremendous, as Anderson’s 1999 film showed. There is probably no one who used the artistic device of bringing metaphors or sayings to life as extensively and masterfully as French author Boris Vian. He created an entire short story from the expression “Love is blind” (L’Amour est aveugle, 1949),

based on the proposition that by having to rely on our remaining four senses and eliminating the critical eye of others (and thus the sense of embarrassment), we are finally free to love. The story, full of clin d’oeuils, unravels our fixed perception of the world and its values by painting a surreal setting from a familiar phrase—it’s a mysterious fog that robs the people in the story of their eyesight, just long enough to discover their newly found freedom. The Oedipal ending in reverse plays on our morals just as much as on our literary heritage.

Playing the game

You don’t need to go that far to create an effect when playing with words for marketing or similar purposes, but it is not a bad idea to keep in mind how much of the game touches on cultural references and sensitivities. Even product names can fire back, as Clairol’s curling iron famously proved a few years ago when introduced into the German market: “Mist Stick” sounds a lot like “Miststück”, meaning “piece of manure”– a quite common curse word. An example going the other way around comes from Sweden: the international advertising team of a popular vacuum manufacturer was apparently not aware of the various connotations of the verb “to suck” when they released the slogan “Nothing sucks like an Electrolux” in the English-speaking markets. Granted, this happened back in the sixties when the expression “this sucks” was just emerging, but it goes to show how crucial it is to be tuned into the latest linguistic trends and developments. Language is a living thing, and the paradox about idiomatic expressions lies in their timelessness—some seem to have been around forever—paired with the ever-new creation of words and coining of phrases.

Keeping up with the latest

Market research groups around the world put a lot of work into keeping track of every trend and fad, but only by teaming up with professional linguists specializing in the field of creative adaptation in the respective target languages can marketeers ensure that their message will indeed come across. Even if bringing back classics—Shakespeare originated or at least popularized countless idioms, among them such staples as “dead as a doornail” or “to be in a pickle”—we cannot always be sure that they translate well or are as commonly known in translation as in their original version. (I couldn’t help but look up this last one: Apparently the bard adopted it from Dutch, where it indeed referred to the uncomfortable notion of being stuck in brine and vinegar, i.e. pickling juice). It gets more complicated when using modern speak, and the fact that English is penetrating colloquial lingo around the globe triggers quite some confusion while only seemingly standardizing popular culture and language. Ultimately, it is crucial for the translator or adaptation specialist to have a keen sense of what exactly an expression conveys in the source language in order to then find an equivalent (which may be entirely different linguistically) that can take its place in the target language.

Creative forces

When it comes to coining catchphrases or making them accessible to the general public, the “Shakespeares” of today are often members of the pop culture—we find them in music, movies (You talking to me?), TV—but copywriters themselves are actually a driving force as well. While we don’t know if any of the contemporary creations will have an impact as lasting as those of the famed playwright, unlike his, they have to stand the test of immediate internationalization. “Got Milk?” has been going for almost 20 years, nevertheless stumbling in its first attempts of going global: After being released in Spanish, it turned out that the tagline actually read “Are you lactating?” The web of course is another great source for new jargon with the added benefit of immediately going worldwide. Wired.com published “10 Updated Colloquialisms for the Modern Age” last year (by Anton Olson, 1/25/2010), including such treasures as “That’s a hard act to unfollow” and “One #hashtag does not a trending topic make.” Only time will tell if they prevail and for how long—the doornail example above (which actually had to do with a specific use of real nails) shows that even when a technique or technology becomes obsolete, the expression can live on.

Not all imagery may prove as persistent as the many figures of speech involving a certain body part in Armenian: As Irina Petrosian and David Underwood put it (in Armenian Food: Fact, Fiction & Folklore) Armenians “love with their liver, feel pain in their liver, talk with their liver and eat with their liver”. And when they want to eat your liver, they are head over heels for you.

Nanette Gobel