Localization refers to taking a product and making it linguistically and culturally appropriate to the target locale where it will be used and sold. Within global marketing, localization is positioned alongside translation, internationalization, globalization, and standardization. Localization happens at many levels, one of which is translation. In marketing, companies approach their own corporate identities through their different advertising needs and the way they envisage their products, the world, and the various possible locales. In marketing across cultures, the issue of what actually constitutes a culture persists and is generally linked to a geopolitical territory. The advertising and success of a product is subject to both cultural and socio-economic constraints, hence the need to take into account the cultural specificity of each context when designing a marketing strategy.
In Canada, a few groups enjoy explicit constitutional recognition, including certain official language minorities and aboriginals. In light of the constitutional history of Canada, the Supreme Court of Canada affirmed in the Reference re Secession of Quebec that the protection of minorities forms part of the constitutional order in Canada. This article explores bilingual interpretation rules as a component of language rights in Canada. It first outlines the linguistic rights of minorities in Canada and then discusses the historical development of multilingual legislation in the country. The article also considers multilingual statutory interpretation, focusing on the rules of equal authenticity and shared meaning, selective application by jurists, the conflict between language versions, and erroneous applications of the equal authenticity and shared meaning rules. It concludes with a discussion of future challenges in Canadian bilingual jurisprudence as well as the publication of bilingual judgments.
Focusing on the link between law, language, and culture, J. B. White notes that legal translation is a ‘necessarily imperfect process’. This article focuses on challenges to legal translators caused by the inherent incongruity of legal systems, cultures, and languages. It attempts to ‘demystify’ the ‘miracle’ of legal translation, showing how skilled translators with legal expertise and cultural sensitivity use language effectively to compensate for conceptual incongruity by creating ‘terminological bridges’. The article then outlines some of the basics of legal translation, with the main emphasis on the special nature of legal texts, their function, and the degree of accuracy required to achieve intercultural communication for various purposes. It also considers the role of skopos (communicative purpose) in legal translation and considers terminological problems in legally binding instruments. Like comparativists, translators need to use methods of comparative law in their search for potential equivalents and to test their adequacy by comparative conceptual analysis. The article concludes by discussing considerations about the effectiveness of multilingualism.
This article introduces the concept of conference interpreting. It describes the origins and evolution of conference interpreting as a profession. Within the field of translation studies, conference interpreting is among the primary domains of translational activity. It is a modern-day phenomenon and, more importantly, a distinctly professional endeavour. Conference interpreting is a professional communication service rendered in either the simultaneous or the consecutive mode of interpreting in a conference(-like) situation. This article describes the evolution of conference interpreting studies as a discipline and its theoretical and methodological lines of approach. The research issues reviewed in this article include the conference interpreters' qualifications and skills, the settings of their work, the nature and quality of their service, and, the features of the professional community at large. Research on conference interpreting has since become an important domain within the wider and increasingly diverse field of translation studies.
This article introduces the concept of consecutive interpreting, which is associated with the domain of conference interpreting, but it also comes up in connection with liaison interpreting and dialogue interpreting in community-based or public-service settings. It has been practised for thousands of years in the consecutive mode, in which the interpreter speaks after the original speaker has finished. Consecutive interpreting extends across a broad conceptual spectrum, from sentence-by-sentence consecutive or short consecutive, telephone interpreting, to classic consecutive supported by a note-taking technique. Consecutive interpreting is a two-stage process, that is, source-speech comprehension followed by re-expression in another language. Memory is crucial to consecutive interpreting. Consecutive interpreting in interactive discourse situations has been studied not so much as a processing mode but as a communicative activity shaped by, and in turn shaping, the dynamics of cross-cultural encounters.
Robert W. Bennett
Contemporary debates about constitutional interpretation in the United States seem fixated on what is called ‘originalism’, the view that, regardless of when some constitutional issue arises, guidance for resolving it is to be sought in ‘original’ sources, those which accompanied the promulgation of the constitutional language in question. The apparent alternative is ‘living constitutionalism’, in which a large dose of judicial discretion keeps constitutional interpretation in touch with a changing world. This is seen by originalists as relegating ill-defined responsibility to the doubtful authority of the judiciary. Originalists invoke the writtenness of the Constitution, the desirability of stability in the law, specific constitutional provision for amendments as signaling the acceptable mechanism for change, and the tenuous democratic credentials of life-tenured federal judges to depict originalism as the right approach to constitutional interpretation, and living constitutionalism as misbegotten. This article provides an overview of originalism and living constitutionalism. It first discusses constitutional language and original intention before focusing on the summing problem, degrees of generality of language, degrees of generality of intentions, unforeseen problems, and constitutional amendments.
This article describes the concept of courtroom interpretation. Legal interpreting is a branch of interpreting conducted when speakers of different languages have to communicate in legal or paralegal settings. Each legal system has its own unique court procedures, legal concepts, and terms that sometimes have no equivalent in other languages. This cultural asymmetry of legal systems creates substantial interpreting difficulties. In order to interpret competently, court interpreters must be well versed in legal terminology. The role of the court interpreter is to make communication possible between speakers of different languages. A courtroom interpreter has ethical responsibilities to fulfill. The challenges to courtroom interpreting include lack of bilingual legal dictionaries, obstacles to pragmatic influence etc. Court interpreters require training, in both interpreting skills and court interpreting. Effective courtroom interpreting can only be achieved by the professionalization of interpreters through compulsory education, adequate working conditions, and professional remuneration for effective multilingual dialogue.
Anthony K. Webster
This article argues for the continuing importance of ethnopoetics/cultural poetics in the work of linguists and anthropologists. A heuristic definition of ethnopoetics (or cultural poetics) is given as the various traditions of such recurrent patternings of linguistic forms (and the thwarting of such expectations of such patternings). The continuing relevance of a Hymesian-inspired anthropological philology is noted. After framing the discussion of poetry and poetics as both linguistic and ethnographic questions, this article engages questions of linguistic relativity and its relationship to poetics, as well as poetry and poetics as social practices. Examples of parallelism and metaphor are given and discussed both in relation to their poetic form and to their social work. A final extended illustration is given concerning Navajo poetry as an example of a cultural poetics informed by both linguistics and anthropology. It is argued that research on cultural poetics/ethnopoetics encourages patience and reflection.
Translation is a highly technologized profession. This article describes tools and resources associated with the work of translators. These include electronic dictionaries, termbanks, terminology management systems, term-extraction tools, corpora, corpus-processing tools, and translation memory tools and social networking. In contemporary approaches, computer-aided translation is generally set off from machine translation (MT). Electronic dictionaries have been familiar for centuries. Termbanks share a number of similarities with electronic dictionaries. Search results can be displayed in user-definable ways in electronic dictionaries. They can be integrated into common editing environments. A corpus is a collection of texts held in electronic form. A terminology-extraction tool can be optimized to automatically extract candidate terms from a given corpus, using one or both of two basic approaches. Terminology management is about storing, retrieving, and displaying terms and associated data. Although MT may not be displacing human translation, translation memory technology envisages greater automation in the future.
Kevin Windle and Anthony Pym
This article gives an overview of the evolution of translation studies and practices. Translation for much of its history has existed as a practice without a theory. The history of translation in the Western world is closely bound with the history of religion and propagation of canonical texts, particularly, the Bible. In the biense´ance period, a milestone in the study of translation in Britain came in 1791, when the essay on the Principles of Translation, was published. In the romanticism period, literal renderings became the preferred method. In the early twentieth century, in Soviet Russia, there was much innovative experimentation in arts and literature, and literary translators played active role in it. In the late twentieth century, the contemporary European translation theories are seen as a series of paradigms that question the concept of equivalence. Since about the 1950s, there has been an increasing interest in making translation theory appear scientific.
Cornelis J. W. Baaij
Both the treaties of the European Union (EU) and the secondary legislation from EU institutions are currently issued in twenty-three different language versions. Discrepancies between these versions both jeopardize their equal authenticity, and make a uniform interpretation and application of EU law in all EU Member States more difficult. Yet, discrepancies between language versions have come up in the case law of the European Court of Justice (ECJ). Using a statistical analysis of fifty years of the ECJ's case law, all relevant judgments between 1960 and 2010, this article sheds further light on which interpretive method the ECJ is more likely to use in the event of linguistic discrepancies as an argument to justify its interpretation of EU law. It first discusses the discrepancies between the language versions that impede the multilingual interpretation of EU law. The article then makes use of the so-called ‘legal reasoning’ methodology to analyze the ECJ's case law, and considers the ECJ's use of the teleological approach and the literal approach to discrepancies.
Nancy L. Schweda Nicholson
Interpreting language is the focus of this article. Interpretation studies are a comparatively new field of language study. Journals such as Interpreting highlight research studies that look at interpreting from a wide range of perspectives. Currently there is a growing trend in articles and books that focus on quantitative as well as qualitative data. Moreover, although writings in the period from 1952 to 1988 are primarily by French authors, recent work provides evidence of an increasing internationalization in the field. There has also been a growing tendency toward collaboration among interpreting researchers and scholars working in related fields. Such cooperation is typified by the interdisciplinary efforts of Kurz and Petsche. Court interpreting publications also deal with linguistic challenges as well as analytical tools. Paulsen Christensen discusses judges' use of direct and indirect speech in Danish courtroom proceedings in which interpreters facilitate communication. The twenty-first century holds much promise for those who strive to better understand interpretations.
Brian H. Bix
Law is guidance through language, whether the language of statutes, judicial decisions, constitutional provisions, contracts, or wills. It is therefore not surprising that lawyers, judges, and legal commentators have sought whatever assistance they could find from other fields which deal with the meaning and interpretation of words: including literary theory, linguistics, and semiotics. Assistance has also been sought from philosophy of language, and the various philosophical writers on the deeper understanding of truth, meaning, and reference. However, at the end of the day, it is not clear that any of these searches have taught the legal profession useful new knowledge or methods of knowing. This article offers an overview of some of the attempts to use philosophy of language to alter or resolve questions of legal interpretation. It first considers the determinacy and indeterminacy of law, and then looks at H. L. A. Hart and the ‘open texture’ of language. The article also discusses intentionalism, originalism, textualism, and plain meaning with respect to interpretation of the U.S. Constitution, and concludes by outlining the links between politics, law, and philosophy.
This article explores dimensions of legal translation theory. It examines the rationale for legal translation, explores the definitional scope and linguistic properties of legal texts and analyses the underlying doctrinal approaches to legal translation (the ‘stretch and snap’ theme). The purpose of legal translation is to create a text that will be interpreted in the same way by legal professionals in the target legal system, as it would be in the original legal system. The aim of translation is not to erase linguistic and cultural differences, but to accommodate them, fully and unapologetically. The challenge is to convey the legal text as a fragment of a living legal system. The legal translator needs awareness of how the text functions in the source country's institutional, political, and economic context. Legal translators should be driven by one overarching objective: to provide literate rather than literal translations.
This article covers a comprehensive range of translational phenomena that are described and explained in terms of linguistic concepts and categories. The Saussurean approach identifies three levels of language: lexis, syntax, and message. This approach draws a distinction between direct and oblique translation. The systemic functional approach establishes and explains the relationship between translation theory and linguistic theory. The Dynamic approach apart from the linguistics of translational phenomena, also honors anthropology, psychology, psychiatry, philology, and biblical hermeneutics. The Psycholinguistic approach models the translation process in a way that translators have formulated the results of their investigations using linguistic concepts and notions. The cognitive linguistic approach to translation applies to specific translational phenomena such as translation universals and translation shifts. The relevance theoretic approach reflects that translation involves communicating in two different languages, and since languages differ, the two texts involved cannot share all of their properties.
Court interpreting, in its broadest sense, involves the conversion of source language material into its closest target language equivalent in a legal context. The notion of legal context, or domain, in turn, is broadly construed by court-interpreting specialists. In fact, the term ‘court interpreting’ itself is used interchangeably with labels such as ‘judiciary interpreting’ and ‘legal interpreting’, and while many experts in the interpreting field consider the distinctions among these concepts to be fuzzy, some use only one term, ‘court interpreter’, referring to persons who conduct interpreting both in the courtroom setting as well as in other types of legal context. Court interpreters are assigned to both quasi-judicial and judicial speech events. This article examines interpreting in three contexts: police interrogations, immigration and asylum cases, and small claims courts. Within the context of immigration, it considers the more formal role of interpreters in an immigration court, as well as the less formal interpreting contexts of asylum application interviews and the immigration detention process. The article concludes by analyzing interpreting in trial courts.
Lawrence M. Solan
In legal systems throughout the world, legislatures write laws, and judges construe and apply them when a dispute arises over their interpretation. This article focuses on the nature of the language issues which cause problems in statutory interpretation, and the ways that courts tend to address them. It looks at American law, in part because American judges, who operate in the common law tradition, generally justify their decisions in written opinions, creating a body of information about interpretive arguments and techniques that makes this legal system a good laboratory for investigating these issues. After describing and illustrating some of the linguistic problems that make language inadequate to define rights and obligations without considering other values, the article discusses linguistic indeterminacies of different sorts, including syntactic ambiguity, semantic ambiguity, ambiguity of reference, and vagueness. It also examines laws whose meaning changes over time, creating a mismatch between the language and the goals of the enacting legislature, and concludes by focusing on legislative errors.
This chapter investigates the issues that arise when second and foreign language (LX) users include swearwords and taboo words in their speech. Knowing how to use these words appropriately requires considerable pragmatic competence. The difficulties that LX users face can arise from gaps in the semantic and conceptual representations of the LX swearwords and taboo words which leave them unsure about their exact meaning, their emotional force, their offensiveness, and their perlocutionary effects. Paradoxically, perfect knowledge of the LX is no guarantee for successful use of swearwords and taboo words because interlocutors might judge that LX users (identifiable though a foreign accent for example) do not have the right to use their swearwords and taboo words because they do not belong to the ‘in-group’. LX users are generally aware that LX swearing is a linguistic minefield that requires extra caution.
Machine translation (MT) is a term used to describe a range of computer-based activities involving translation. This article reviews sixty years of history of MT research and development, concentrating on the essential difficulties and limitations of the task, and how the various approaches have attempted to solve, or more usually work round, these. History of MT is said to date from a period just after the Second World War during which the earliest computers had been used for code-breaking. In the late 1980s the field underwent a major change in direction with the emergence of a radically new way of doing MT. Two main approaches to MT have emerged and these are rule-based and statistics-based. These approaches owe little to conventional linguistic methods and ideas, but it must be recognized that the much faster development cycle has made functional versions of MT systems covering new language pairs become available.
The goal of machine translation (MT) is to translate text from one natural language to another. Linguistic properties of the languages involved, and rich morphology in particular, play an important role in the difficulty of the task. After a brief survey of history of MT and morphologically rich languages (MRLs), the whole ‘MT pipeline’ is introduced, covering all the steps needed in the development of an MT system. The current mainstream approach, is highlighted, that is the phrase-based MT. The chapter the reader through the MT pipeline, explaining in detail how rich morphology negatively affects each of the steps, including the evaluation of MT quality. A wider range of MT system types is covered in the last section where old and contemporary methods for explicit and more linguistically adequate handling of rich morphology are surveyed.