Problem 2: The polysemy of general literary vocabulary used as a term or in its composition
The legal language is characterized by the use of words and phrases found in everyday speech, and seemingly transparent in meaning. In fact, in legal texts they acquire other meanings, the logical connection of which with the usual meanings is not easy to establish. The words of the literary language can also be part of the terms and, being ambiguous, complicate their understanding. Thus, this difficulty concerns the choice of the correct meaning of a word, which is either on the periphery of the meanings of a given word, or is a homonym. For example:
in consideration for
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в качестве встречного удовлетворения
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The testator died without issue.
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Наследодатель умер не оставив потомков.
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game law
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закон об охране дичи и правилах охоты
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good offices
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добрые услуги, посредничество
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trade dispute
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трудовой спор
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trade mark
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товарный знак
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Strategies:
If the usual, basic meaning of the word of the general literary language does not fit the context, then it is recommended to study other meanings of the word in the dictionary.
Problem 3: Finding a Russian Match for Terminated Vocabulary
Terminated vocabulary includes words of the general literary language, which are often found in a certain area of use, for example, in the speech of judges, texts of contracts and court decisions, etc. Such words, strictly speaking, are not legal terms, since they retain their general meaning, however, due to their frequent use in any area of law in both languages, stable usual correspondences are assigned to them. The use of other correspondences by the translator immediately catches the eye of specialists as a violation of the accepted norm of legal speech. Thus, the problem of their translation lies mainly in finding a suitable equivalent in Russian. Let's look at a few examples.
The court upheld the decision.
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Суд оставил решение в силе.
Суд одобрил решение.
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The lower court held that…
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Суд низшей инстанции постановил
Суд низшей инстанции посчитал…
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For the reasons I have given I would allow this appeal.
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По вышеуказанным причинам суд считает возможным удовлетворить апелляцию.
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It is unusual for the High Court to upset the discretion of the Registrar
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Высокий Суд редко ставит под сомнение / оспаривает правомочность действий Генерального регистратора.
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This claim succeeds.
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Иск удовлетворен.
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Strategies:
The choice of Russian correspondence depends on the rules of word compatibility or the norm of speech adopted in a certain genre of legal texts.
Remember that one word can be translated as a phrase and vice versa. For example: a person involved in a case - фигурант.
If the literal translation does not suit you, then you can find a match using the method of logical development. For example: this claim succeeds (имеет успех) почему? потому что удовлетворён.
It is recommended that you create your own glossaries of words and expressions used in various legal texts. The main sources can be analog texts in Russian and texts with parallel translations.
Do'stlaringiz bilan baham: |