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The object of fidelity in translating multilingual legislation

  • Janny HC Leung

    Janny HC Leung (b. 1980) is an associate professor at the University of Hong Kong 〈janny@cantab.net〉. Her research interests include the intersection between language and the law, especially legal multilingualism and language rights. Her publications include “On the edge of reason: Law at the borderline” (2012); “Statutory interpretation in multilingual jurisdictions: Typology and trends” (2012); “Judicial discourse in Cantonese courtrooms in postcolonial Hong Kong: The judge as a godfather, scholar, educator, and scolding parent” (2013); and “Translation equivalence as a legal fiction” (2013).

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Published/Copyright: July 31, 2014

Abstract

Should fidelity in legal translation be judged in terms of approximation to the source text? What are the possible alternatives? Multilingual jurisdictions see great needs in the translation of texts of the law and tend to be particularly concerned with the uniform application of the law in its different renditions. As a response to new sources of legal indeterminacy created by legal multilingualism, approaches to statutory interpretation in multilingual jurisdictions have shifted in focus. Through analyzing the way linguistic indeterminacy in legislation is resolved in various multilingual jurisdictions, I argue that an understanding of approaches to statutory interpretation can help translators better grasp the nature of the legislative texts they are dealing with and potentially illuminate strategies of legal translation.

About the author

Janny HC Leung

Janny HC Leung (b. 1980) is an associate professor at the University of Hong Kong 〈janny@cantab.net〉. Her research interests include the intersection between language and the law, especially legal multilingualism and language rights. Her publications include “On the edge of reason: Law at the borderline” (2012); “Statutory interpretation in multilingual jurisdictions: Typology and trends” (2012); “Judicial discourse in Cantonese courtrooms in postcolonial Hong Kong: The judge as a godfather, scholar, educator, and scolding parent” (2013); and “Translation equivalence as a legal fiction” (2013).

Published Online: 2014-7-31
Published in Print: 2014-8-1

©2014 by Walter de Gruyter Berlin/Boston

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