WHAT IT TAKES TO DO IT RIGHT
AN INTEGRATIVE EMT-BASED MODEL FOR
LEGAL TRANSLATION COMPETENCE
Federica SCARPA
Daniele ORLANDO
Antwerp, 16 October 2014
Quality of Legal Translation
Directive 2010/64/EU
Article 3
5. Member States shall ensure that […] suspected or accused persons
have […] the possibility to complain that the quality of the translation
is not sufficient to safeguard the fairness of the proceedings.
Article 5
Quality of the interpretation and translation
1. Member States shall take concrete measures to ensure that the
interpretation and translation provided meets the quality required
under Article 2(8) and Article 3(9).
translator training
What it takes to do it right: an integrative EMT-based model for legal translation competence
Federica SCARPA and Daniele ORLANDO
Modeling legal translation competence
writing skills
specialisations in a legal field
Sofer (2006)
knowledge of reference resources
information brokering skills
Obenaus (1995)
legal terminology
Trosborg (1997)
legal translation theory
Šarčević (1997)
think as or collaborate with lawyers
sound legal background
e.g. Šarčević (1994);
Wills (1996); Cao (2007);
Gouadec (2007); Prieto Ramos (2011)
scope and extent of expertise ?
What it takes to do it right: an integrative EMT-based model for legal translation competence
Federica SCARPA and Daniele ORLANDO
Modeling legal translation competence
Aequitas + Aequalitas
+ Building Mutual Trust
(98/GR/13) (2001/GRP/015)
(JLS/2007/219)
competences
language proficiency
training
specialised language competency
transfer skills
knowledge of legal systems
transfer skills
knowledge of legal systems
continuous professional development
information retrieval
code of conduct
good professional practice
code of conduct
good professional practice
+ Reflection Forum on Multilingualism and Interpreter Training (2009)
What it takes to do it right: an integrative EMT-based model for legal translation competence
Federica SCARPA and Daniele ORLANDO
Modeling legal translation competence
Prieto Ramos (2011)
An Integrative Process-Oriented Approach
strategic or methodological competence
communicative and textual competence
thematic and cultural competence
instrumental competence
interpersonal and professional management competence
+
scope of specialisation
comparative legal linguistics
documentation
professional practice
What it takes to do it right: an integrative EMT-based model for legal translation competence
Federica SCARPA and Daniele ORLANDO
Modeling legal translation competence
Piecychna (2011)
Hermeneutical model of legal translation competence
understand a given text and be able to
position it within the particular situational
context with reference to the source and
target legal systems
↓
interpret texts
Šarčević (1997) “While it is essential for
legal translators to be familiar with the
methods of interpretation used by judges
[…], they themselves should refrain from
interpreting the text in the legal sense.”
What it takes to do it right: an integrative EMT-based model for legal translation competence
Federica SCARPA and Daniele ORLANDO
QUALETRA model of legal translation competence
QUALETRA (JUST/2011/JPEN/AG/2975)
↓
EUROPEAN MASTER'S IN TRANSLATION FRAMEWORK (2007)
Competence: the combination of aptitudes, knowledge, behaviour
and know-how necessary to carry out a given task
under given conditions
RATIONALE:
professional aspects
+
recognition by responsive
authority
”the minimum requirement
to which other specific
competences may be
added”
What it takes to do it right: an integrative EMT-based model for legal translation competence
Federica SCARPA and Daniele ORLANDO
QUALETRA model of legal translation competence
EMT Expert Group 2009
e.g. how to
summarise texts
knowledge about a
specialist field of
knowledge
e.g. how to market
services, negotiate
with a client, manage
time and budget,
handle invoicing
e.g. how to use a particular
translation tool
What it takes to do it right: an integrative EMT-based model for legal translation competence
Federica SCARPA and Daniele ORLANDO
e.g. how to understand
presuppositions or
allusions
e.g. how to search
terminology databases
and familiarity with a
series of databases
QUALETRA model of legal translation competence
SOCIOLINGUISTIC dimension
- Knowing how to recognise function and
meaning in varieties of legal language usage
(e.g. levels of jurisdiction; international, EU and
national law and proceedings)
- Being familiar
main between the
- Mastering
the ruleswith
forthe
interaction
domains
and
sub-domains
law
specific parties involved, suchofas
legal
-professionals
Knowing different
procedures
in
the
and clients
legal
systems
involved
(e.g.
levels
of
TEXTUAL dimension
jurisdiction,
legal
structures,
- Mastering the genre conventions and rhetorical
institutions,
settings)
standards
of different
types of legal document
- Having
a general
awareness
of certificates,
(e.g.
doctrine,
normative
texts, forms,
current
legal
issues
and
their
contracts, wills, insurance policies, patents, trust
development
in the relevant
countries
documents, affidavits,
directives,
power of
- Knowing the EU directives relating
attorney)
- Relatingtoalegal
giventranslation
legal text to its specific legal
-context
Mastering
legal
and terms
(e.g. stageconcepts
of proceedings
in source and
in
the
translation
at
hand
target legal systems, level of jurisdiction)
- Being aware
of asymmetries
- Analysing
the overall
structure of legal
between
legal
concepts
in different
documents (e.g. EAW template,
judgments) and
legal
systems
and
being
able
to
recognising potential inconsistencies
them information in and
- Identifyingaddress
the essential
purpose of legal documents
- Identifying and transferring intentional and
- Knowingambiguities
how to effectively
and rapidly
unintentional
in legal documents
integrate
all
available
tools
- Preserving the intertextual natureinofa alegal
legal
translation
European
Arrest
Warrant,
document
(e.g. (e.g.
references
to acts,
laws,
judgments)
directives)
- Mastering legal language, including
specific writing conventions at the levels of
e.g. grammar, syntax, phraseology,
terminology, punctuation, abbreviations
- Recognising stylistic inconsistencies
between
legaldimension
documents and within the
INTERPERSONAL
same
- Being aware of the professional
roledocument
of the legal translator
- Being aware of the relevant
national
and international
- Identifying specific
legal sources
professional associations
legal translators
(e.g.for
dictionaries,
term bases,
- Being aware of the need to
be briefed
and obtain
access
glossaries,
corpora,
experts)
andto
relevant documentation
evaluating their reliability
- Being aware of personal
safety
andtodocumentary
- Being
able
differentiatesecurity
between
issues resulting from provision
of translation
services to
legal sources
with reference
- Being aware of the legal
obligations
and responsibilities
national,
international
and EU systems
resulting from provision of translation
services,
with special
and jurisdictions
reference to issues
of confidentiality
- Extracting
relevant information
- Being aware of the need to(documentary,
comply with professional
ethics
terminological,
PRODUCTION
dimension
phraseological) from parallel and
- Mastering translation comparable
of legal documents
documents
- Delivering a translation appropriate
the specificfrom
context
and
- Extracting to
terminology
relevant
by reference to source and target
legal
systems
documents
- Identifying translation problems
due to differences
between
- Consulting
legal experts
so as tothe
relevant legal systems and
finding
appropriate
solutionshow
better
understand
and foresee
- Identifying and dealing appropriately
errors
of factual
legal documentswith
may
be interpreted
content in the
source
text
by the parties involved or the
- Mastering sight
translation
competent
court or both
What it takes to do it right: an integrative EMT-based model for legal translation competence
Federica SCARPA and Daniele ORLANDO
QUALETRA: WS3 Survey (2014)
Type of trainees
59 respondents in 19 nations (EU+ Morocco/Russia/Serbia/Turkey)
12.5%
51.8%
35.7%
GROUP 1
GROUP 2
: Linguists
: Mixed
: Legal Practitioners
GROUP 3
Higher education institution (BA Level)
Higher education institution (MA Level)
Training institute
Professional association
Language Service Provider
Private or public company
Other
GROUP 1 GROUP 2 GROUP 3
9
3
18
13
3
3
1
1
2
1
1
2
What it takes to do it right: an integrative EMT-based model for legal translation competence
Federica SCARPA and Daniele ORLANDO
OPTIMALE Survey (2013)
Type of respondents
684 respondents (EU / non-EU countries)
4%
4%
14%
Central or local government
language service department
International organisations –
translation service
Private or public company
(other than LSP)
78%
Language Service Provider
(public or private company)
What it takes to do it right: an integrative EMT-based model for legal translation competence
Federica SCARPA and Daniele ORLANDO
UK-wide Survey (Chodkiewicz 2012)
Type of respondents
55 respondents:
33 professional translators
+
22 students enrolled in various MA
translation programmes (mostly at
University of Surrey)
What it takes to do it right: an integrative EMT-based model for legal translation competence
Federica SCARPA and Daniele ORLANDO
QUALETRA model of legal translation competence
TRANSLATION SERVICE PROVISION COMPETENCE
INTERPERSONAL dimension
- Being aware of the social role of the translator
- Knowing how to follow market requirements and job profiles (knowing how to remain
aware of developments in demand)
- Knowing how to organise approaches to clients/potential clients (marketing)
- Knowing how to negotiate with the client (to define deadlines, tariffs/invoicing,
working conditions, access to information, contract, rights, responsibilities, translation
specifications, tender specifications, etc.)
- Knowing how to clarify the requirements, objectives and purposes of the client,
recipients of the translation and other stakeholders
- Knowing how to plan and manage one's time, stress, work, budget and ongoing
training (upgrading various competences)
- Knowing how to specify and calculate the services offered and their added value
- Knowing how to comply with instructions, deadlines, commitments, interpersonal
competences, team organisation
- Knowing the standards applicable to the provision of a translation service
- Knowing how to comply with professional ethics
- Knowing how to work under pressure and with other experts, with a project head
(capabilities for making contacts, for cooperation and collaboration), including in a
multilingual situation
- Knowing how to work in a team, including a virtual team
- Knowing how to self-evaluate (questioning one's habits; being open to innovations;
being concerned with quality; being ready to adapt to new situations/conditions) and
take responsibility.
INTERPERSONAL dimension
PRODUCTION dimension
- Knowing how to create and offer a translation appropriate to the client's request, i.e.
to the aim/skopos and to the translation situation
- Knowing how to define stages and strategies for the translation of a document
- Knowing how to define and evaluate translation problems and find appropriate
solutions
- Knowing how to justify one's translation choices and decisions
- Mastering the appropriate metalanguage (to talk about one's work, strategies and
decisions)
- Knowing how to proofread and revise a translation (mastering techniques and
strategies for proofreading and revision)
- Knowing how to establish and monitor quality standards
- Mastering translation of legal documents
- Being aware of the professional role of the legal translator
- Being aware of the relevant national and international
professional associations for legal translators
- Being aware of the need to be briefed and obtain access to
relevant documentation
- Being aware of personal safety and documentary security
issues resulting from provision of translation services
- Being aware of the legal obligations and responsibilities
resulting from provision of translation services, with
special reference to issues of confidentiality
-
Being aware of the need to comply with professional
ethics
PRODUCTION dimension
- Delivering a translation appropriate to the specific context and
by reference to source and target legal systems
- Identifying translation problems due to differences between
the relevant legal systems and finding appropriate
solutions
- Identifying and dealing appropriately with errors of factual
content in the source text
- Mastering sight translation
OPTIMALE Survey (2013)
TRANSLATION SERVICE PROVISION COMPETENCE
Does not feature
“it was assumed that any employer seeking to
employ a translator or his/her services, would require the translator to
possess the primary skills of his/her profession” (OPTIMALE 2011: 2)
“Essential”/“Important”
Ability to produce 100% quality
98%
Ability to translate quickly though
quality not 100%
32%
Ability to identify client requirements
94%
Awareness of professional ethics and
standards
86%
Experience in the field of professional
translation
88%
Good knowledge of the language
industry and professions
55%
What it takes to do it right: an integrative EMT-based model for legal translation competence
Federica SCARPA and Daniele ORLANDO
UK-wide Survey (Chodkiewicz 2012)
TRANSLATION SERVICE PROVISION COMPETENCE
Rated relatively low both by professional translators and
students.
Exception of some of its components that were deemed to be
highly important:
•
•
•
Delivering a translation appropriate to the client’s request;
Planning and managing your time, stress, work, budget and ongoing
training, and meeting deadlines;
Evaluating the quality of your work and accepting responsibility.
What it takes to do it right: an integrative EMT-based model for legal translation competence
Federica SCARPA and Daniele ORLANDO
QUALETRA: WS3 Survey (2014)
TRANSLATION SERVICE PROVISION COMPETENCE
Professional practices and ethics feature at all levels of the programmes for
linguists but are given a quite low rating by language trainers of legal
practitioners.
Translation-oriented sub-competences were deemed “Important” by linguists
but not by legal practitioners
focus on effective communication in
foreign languages (rather than translation per se).
Ability to translate into foreign
legal language
Ability to translate from foreign
legal language
“Not important”/“Important”
“Important” /“Essential”
What it takes to do it right: an integrative EMT-based model for legal translation competence
Federica SCARPA and Daniele ORLANDO
QUALETRA model of legal translation competence
LANGUAGE COMPETENCE
- Knowing how to understand grammatical,
lexical and idiomatic structures as well as
the graphic and typographic conventions
of language A and one's other working
languages (B, C)
- Mastering legal language, including
specific writing conventions at the
levels of e.g. grammar, syntax,
phraseology, terminology, punctuation,
abbreviations.
- Knowing how to use these same structures
and conventions in A and B
- Recognising stylistic inconsistencies
between legal documents and within
the same document.
- Developing sensitivity to changes in
language and developments in
languages (useful for exercising
creativity)
All 3 surveys
LANGUAGE COMPETENCE
Survey
Rating
Chodkiewicz (2012)
Esp. “knowing grammatical and lexical structures, and graphic
conventions in your working languages and being able to reproduce
them in another language”
Highest
QUALETRA (2014)
Trainers of LPs: foreign-language competence more important than
mother-tongue competence
Essential
OPTIMALE (2013)
“high-level language competence requirements […] were to be taken
as a given which did not need to be reasserted within the scope of this
survey (whether such skills are always available is another matter).”
What it takes to do it right: an integrative EMT-based model for legal translation competence
Federica SCARPA and Daniele ORLANDO
Does not feature
QUALETRA model of legal translation competence
INTERCULTURAL COMPETENCE
SOCIOLINGUISTIC dimension
SOCIOLINGUISTIC dimension
- Knowing how to recognise function and meaning in language variations
(social, geographical, historical, stylistic)
- Knowing how to recognise function and meaning in varieties
of legal language usage (e.g. levels of jurisdiction;
international, EU and national law and proceedings)
- Knowing how to identify the rules for interaction relating to a specific
community, including non-verbal elements (useful knowledge for
negotiation)
- Knowing how to produce a register appropriate to a given situation,
for a particular document (written) or speech (oral)
TEXTUAL dimension
- Knowing how to understand and analyse the macrostructure of a
document and its overall coherence (including where it consists of
visual and sound elements)
- Knowing how to grasp the presuppositions, the implicit allusions,
stereotypes and intertextual nature of a document
- Knowing how to describe and evaluate one's problems with
comprehension and define strategies for resolving those problems
- Knowing how to extract and summarise the essential information in a
document (ability to summarise)
- Knowing how to recognise and identify elements, values and references
proper to the cultures represented
- Knowing how to bring together and compare cultural elements and
methods of composition.
- Knowing how to compose a document in accordance with the
conventions of the genre and rhetorical standards
- Knowing how to draft, rephrase, restructure, condense, and post-edit
rapidly and well (in languages A and B).
- Mastering the rules for interaction between the specific parties
involved, such as legal professionals and clients.
TEXTUAL dimension
- Mastering the genre conventions and rhetorical standards of
different types of legal document (e.g. doctrine,
normative texts, forms, certificates, contracts, wills,
insurance policies, patents, trust documents, affidavits,
directives, power of attorney).
- Relating a given legal text to its specific legal context (e.g.
stage of proceedings in source and target legal systems,
level of jurisdiction).
- Analysing the overall structure of legal documents (e.g. EAW
template, judgments) and recognising potential
inconsistencies.
- Identifying the essential information in and purpose of legal
documents.
- Identifying and transferring intentional and unintentional
ambiguities in legal documents.
- Preserving the intertextual nature of a legal document (e.g.
references to acts, laws, directives).
All 3 surveys
INTERCULTURAL COMPETENCE
Survey
Rating
Chodkiewicz (2012 )
2nd highest
OPTIMALE (2013)
Does not feature
QUALETRA: WS3 (2014)
“Ability to identify the level of
formality of the text and translate
different registers”
“Essential”
(by trainers of linguists)
What it takes to do it right: an integrative EMT-based model for legal translation competence
Federica SCARPA and Daniele ORLANDO
QUALETRA model of legal translation competence
INFORMATION MINING COMPETENCE
- Knowing how to identify one's information and
documentation requirements
- Developing strategies for documentary and
terminological research (including
approaching experts)
- Knowing how to extract and process relevant
information for a given task (documentary,
terminological, phraseological information)
- Developing criteria for evaluation vis-à-vis
documents accessible on the internet or any
other medium, i.e. knowing how to evaluate
the reliability of documentary sources
(critical mind)
- Knowing how to use tools and search engines
effectively (e.g. terminology software,
electronic corpora, electronic dictionaries)
- Mastering the archiving of one's own
documents
- Identifying specific legal sources (e.g.
dictionaries, term bases, glossaries,
corpora, experts) and evaluating their
reliability.
- Being able to differentiate between legal
sources with reference to national,
international and EU systems and
jurisdictions.
- Extracting relevant information
(documentary, terminological,
phraseological) from parallel and
comparable documents.
- Extracting terminology from relevant
documents.
- Consulting legal experts so as to better
understand and foresee how legal
documents may be interpreted by the
parties involved or the competent court or
both.
All 3 surveys
INFORMATION MINING COMPETENCE
Survey
Chodkiewicz (2012 )
Rating
3rd highest
“one of the basic skills required of
“Ability to extract and manage terminology” applicants for positions in translation”
OPTIMALE (2013)
(69% “Essential” or “Important”)
QUALETRA: WS3 (2014)
“Ability to use information retrieval and text
data mining resources”
“Ability to use terminology memory systems
(and translation memories)”
“Essential”
(by trainers of linguists)
“Important” (lower end)
What it takes to do it right: an integrative EMT-based model for legal translation competence
Federica SCARPA and Daniele ORLANDO
QUALETRA model of legal translation competence
THEMATIC COMPETENCE
- Knowing how to search for appropriate
information to gain a better grasp of the
thematic aspects of a document (cf.
Information mining competence)
- Learning to develop one's knowledge in
specialist fields and applications
(mastering systems of concepts, methods
of reasoning, presentation, controlled
language, terminology, etc.) (learning to
learn)
- Developing a spirit of curiosity, analysis and
summary
- Being familiar with the main domains and
sub-domains of law.
- Knowing different procedures in the legal
systems involved (e.g. levels of
jurisdiction, legal structures,
institutions, settings).
- Having a general awareness of current
legal issues and their development in
the relevant countries.
- Knowing the EU directives relating to
legal translation.
- Mastering legal concepts and terms in the
translation at hand.
- Being aware of asymmetries between
legal concepts in different legal
systems and being able to address
them.
All 3 surveys
THEMATIC COMPETENCE
Survey
Rating
Chodkiewicz (2012 )
4th highest
OPTIMALE (2013)
“priority status”
“domain specialization”
(“Essential” or “Important” for almost 90%)
Esp. “technical and legal translation”
QUALETRA: WS3 (2014)
“Important”
“legal knowledge in relevant language(s)”
(by trainers of linguists)
“Essential”
(by trainers of legal practitioners)
What it takes to do it right: an integrative EMT-based model for legal translation competence
Federica SCARPA and Daniele ORLANDO
QUALETRA: WS3 Survey (2014)
THEMATIC COMPETENCE
Specific legal domains/subdomains
National legal system of the
country of the programme
Legal system of the country of
the studied foreign language
Rating
(trainers of linguists and
lawyers)
1st
2nd
What it takes to do it right: an integrative EMT-based model for legal translation competence
Federica SCARPA and Daniele ORLANDO
QUALETRA model of legal translation competence
TECHNOLOGICAL COMPETENCE (mastery of tools)
- Knowing how to use effectively and rapidly
and to integrate a range of software to
assist in correction, translation,
terminology, layout, documentary
research (for example text processing,
spell and grammar check, the internet,
translation memory, terminology
database, voice recognition software)
- Knowing how to create and manage a
database and files
- Knowing how to adapt to and familiarise
oneself with new tools, particularly for
the translation of multimedia and
audiovisual material
- Knowing how to prepare and produce a
translation in different formats and for
different technical media
- Knowing the possibilities and limits of MT
- Knowing how to effectively and rapidly
integrate all available tools in a legal
translation (e.g. European Arrest
Warrant, judgments).
All 3 surveys
TECHNOLOGICAL COMPETENCE
Survey
OPTIMALE (2013):
Rating
“Essential”/”Important”
“Standard tools and IT-related skills”
“Use of speech recognition applications”
“Ability to pre-edit MT”
“Ability to post-edit MT”
Chodkiewicz (2012 )
QUALETRA: WS3 (2014)
“Ability to use translation memories (and
terminology memory systems)”
75%
10%
18%
28%
Least important
“Important”
(lower end)
What it takes to do it right: an integrative EMT-based model for legal translation competence
Federica SCARPA and Daniele ORLANDO
THANK YOU!
[email protected]
[email protected]
What it takes to do it right: an integrative EMT-based model for legal translation competence
Federica SCARPA and Daniele ORLANDO
Descargar

Slide 1