“Improving the Quality of Legal Translation Through Cultural Transfer”

Intl. J. Humanities (2015) Vol. 22 (4): (65-82)

Improving the Quality of Legal Translation through Cultural Transfer

Ferdows Aghagolzadeh 1, Faezeh Farazandeh-pour 2, Arsalan Golfam 3, Mohammad Farajiha 4

Received: 2014/5/20 Accepted: 2015/4/1

Abstract Legal translation is a special type of Language for Special Purposes (LSP) translation involving cross-linguistic communication in the legal context and it tends to involve more cultural specific components. Since the main function s of legal language are normative and performative, it is important to make sure what the actual purpose of the translation of a legal text is. On the other hand, legal translators are expected to produce not parallel texts but texts that are equal in legal effect. So, they must be able to understand not only the legal concepts and the legal effects they are supposed to have, but also how to achieve those legal effects in the target language, especially when it is based on a different legal system. The vast differences in Persian and English legal systems and legal cultures, and consequently the associated incongruity of terminology, highlight the many challenges in legal translation. This paper aims at presenting a strategy through which we can convey the legal culture of SL (Persian) to TL (English) and while creating similar legal effect in TL, improve the quality of legal translation, relying on the two notions inspired by Venuti (1998 ), i.e. domestication and foreignization. In this regard we analyzed legal translation of 20 Persian to English Divorce Decrees within the domain of Private law, the study of which has been seldom attempted despite the customary presence of these instruments in the legal routine. As a result of this analysis we can conclude that legal texts in different legal systems are translatable and a similar legal effect can be created in TL provided that the legal genre of the source text

Downloaded from eijh.modares.ac.ir at 11:52 IRDT on Monday August 31st 2020 is preserved and also functional and conceptual equivalences are employed through foreignization and domestication.

Keywords: Legal Translation - Functional Equivalent - Conceptual Equivalent - Divorce Decree - Legal Culture.

1. Associate Professor of Linguistic Department at Tarbiat Modares University, Tehran-Iran 2. Assistant Professor Department of Linguistics, Science and Research Branch, Islamic Azad University, Tehran,Iran . [email protected] 3. Associate Professor of Linguistic Department at Tarbiat Modares University ,Tehran-Iran 4. Associate Professor of Law Department at Tarbiat Modares University ,Tehran-Iran

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1. Introduction apparatus and underlying conceptual Since misunderstanding and structure, its own rules of classifications, misrepresentation of legal documents sources of law, methodological approaches, would cause damage to the economy and and socio-economic principles.” This reputation of a nation, legal translators shall means that in order to translate the be prepared for a painstaking and a terminology of legal texts in different legal meticulous job at the present century. The systems accurately, it is necessary to variety of laws has added to the variety of understand those systems since the main legal texts and subsequently the demanding challenge of the legal translator is the job of translation has been traveling a incongruence of legal systems’. Alcaraz bumpier road to success. Tiersma (2000) in and Hughes (2002) insist on the his article entitled “The Nature of Legal translatability of legal texts depending Language ” lists some features for legal directly on the relatedness of the legal texts. He believes that legal terms are systems involved in the translation. The culture-specific terms with special Persian legal system is based on Islamic characteristics. Besides, the writing style in law, i.e. on civil law, and has a civil code , legal texts is different from the writing style the Civil Code of Iran. The United Kingdom in other fields of science, sentences are does not have a “written” Constitution and lengthy and terms sound archaic. Also its law is made up of four main parts: statute Persian legal language has somehow the law, common law, conventions and works same features. In a research conducted by of authority. Common law that consists of Aghagolzadeh and Farazandehpour (2014), rules based on common customs and on the most important features of Persian legal judicial decisions has therefore very little language that make it a complex and ‘relatedness’ to Persian civil law that is incomprehensive language were recognized created by statue (Shiravi, 2004). as overuse of abstract legal terms, Arabic In general, the most important difference expressions and prepositional phrases; that sets off legal language from ordinary vocabularies from standard language with language is its lexicon. Legal language technical legal meaning; long and makes use of numerous words and terms complicated declarative sentences and that are not common in ordinary language

Downloaded from eijh.modares.ac.ir at 11:52 IRDT on Monday August 31st 2020 overuse of adverbs of time and place as well or carries an additional meaning different as passive and impersonal verbs. So, the from their ordinary meaning. Legal translation of legal texts requires particular language utilizes vocabulary from standard attention, because it consists primarily of language in specialized meanings. Legal abstract terms deeply and firmly rooted in texts are usually produced to bear some the domestic culture and intellectual real-life consequences such as granting tradition and thus entails a transfer between rights or imposing obligations. So, the main two different legal systems, each with its functions of legal language are normative own unique system of and performative: legal texts usually referencing. According to Šar čevi ć (2000): contain legal norms and consequently carry “…law remains first and foremost a an obligation to follow this legal norm, national phenomenon. Each national or otherwise a punishment might follow. municipal law… constitutes an independent Therefore, it is greatly important to make legal system with its own terminological sure what the actual purpose of the

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translation of an individual legal text is. culture. However, sociologically culture is Every translator of legal texts must face and defined as the typical ways of living built up finally try to solve the tension between the by a people, including the beliefs and need of legal certainty and the fact of attitudes which support them. Culture, linguistic indeterminacy. Knowing the under such a treatment, finds its expression concepts behind the terms is more on two levels: (1) shared beliefs and values important in legal translation than in other conceived by particular members of translational areas. society; and (2) the customary behaviors There have been many opinions on what they practice. The studies relating to legal the ideal legal translator should be like. But, culture cover many aspects, but among we agree that a competent legal translator them we need to isolate the variables that must have three prerequisites as proposed legal culture can refer to and legal by Smith (1995:181 as quoted by Cao, translation has to deal with. Some of the 2007: 37): basic knowledge of the legal major variables for this concept of legal systems, knowledge of the relevant culture are shared attitudes, values and terminology and competence in the TL 1 opinions; legal ideology; shared norms and specific legal writing style. modes of thinking as well as legal principles Now what is the main goal of legal representing the spirit of rule of law translation; producing parallel texts or texts (Friedman,:1976:75 & Cotterell, 1997:21- that are similar in legal effect? Can we 22). So, the concepts of legal culture can be achieve legal effect in the TL, especially categorized in two ways: Legal culture may when it is based on a different legal system? refer to people’s conceptions of law alone Are the translation strategies proposed by or to both people’s conceptions and their Venuti (i.e. Foreignization & specific practices of law. Therefore, legal Domestication) helpful in this regard? How culture, i.e., the conceptual thinking shared is it possible? by legal professionals, is an essential yet These are some of the questions that we inseparable component of any legal system. want to answer in this research. The purpose The transfer of legal culture can take place of this paper is to show that legal texts in when the law of one country is conveyed to different legal systems are translatable and another, or when two legal systems come

Downloaded from eijh.modares.ac.ir at 11:52 IRDT on Monday August 31st 2020 a similar legal effect can be created in TL into contact. In traditional translation provided that the legal genre of the source theory, legal texts were regarded as a text is preserved and also functional and species of LSP text, and their translation conceptual equivalents are employed was accordingly treated as a kind of through foreignization and domestication. technical translation. In recent translation theory, a change in perspective has occurred 2. Cultural Transfer in Translation along with the emergence of approaches Studies (Review of Literature) centered on cultural and communicative Since the notion of culture is hard to define factors. Snell-Hornby (1988) first employed due to its multifarious interpretations in the the term “cross-cultural transfer” in literature, there is no standard definition of subscribing to Vermeer’s view that

1 . Abbreviations in this paper: ST= Source Text (Persian Divorce Decrees) SL = Source Language (Persian) TT= Target Text ( English Translation of Divorce TL= Target Language (English) Decrees)

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translation was not the transcoding of words the reader of the gains and losses in the or sentences between languages, but a translation process and the unbridgeable “cross-cultural transfer". She held that the gaps between cultures (Venuti, 2000). translator’s cultural knowledge, proficiency According to Venuti (1998:240), and perception underpinned not only his translation strategies range from ability to “produce the target text, but also Foreignization (SL-oriented equivalents) to his understanding of the source text” (Snell- Domestication (TL-oriented equivalents) Hornby, 1988: 42-46). In other words, where the former “seeks to evoke a sense of understanding of the cultural elements of the foreign” while the latter involves both the SL and TL was a pre-requisite in assimilation to the TL culture and is translation. However, she did not explain intended to ensure immediate how translation could take place between comprehension . Domestication has been cultures without taking linguistic long present in translation history, at least equivalence into consideration. Snell- since ancient Rome .The domestication of a Hornby has in fact adopted a target-culture- foreign culture could result in oriented position. For her, the source misrepresentations of that culture but culture is important only for understanding Foreignization promises a greater openness the source text, but the target culture in fact to cultural differences (Venuti, 1998: 23) . plays a far more vital role since it shapes the Wilss' (1982) distinction that refers to target text, which is what actually facilitates foreignization and domestication of the TT cross-cultural communication. is as follows: “The translator can either ar čevi ć (1997:55) argued that legal leave the writer in peace as much as translation should no longer be regarded as possible or bring the reader to him, or he can a process of linguistic transcoding but an act leave the reader in peace as much as of communication in the mechanism of law. possible and bring the writer to him”. She thus redefined the goal of legal “Bringing the reader’ to the ST would translation as the production of a text with require the TT reader to process the the same meaning and effect as the original translation in its original foreign context, text with special emphasis on effect. while ‘bringing the writer to the reader’ However, she did not explain how the legal would mean domesticating the ST in terms

Downloaded from eijh.modares.ac.ir at 11:52 IRDT on Monday August 31st 2020 translator could simultaneously achieve the of the context familiar to the TT readers and same meaning and the same effect as the thus making it easy for it to be assimilated source text. The process of translation must by them. In support of foreignization involve a certain degree of interpretation on strategy, Koller (1979) insists that full the part of the translator. Venuti (2000) adaptation is not an accepted method of believes that translation is a process translation in legal texts as it results in involved in looking for similarities between semantic distortion. language and culture but it is constantly So, what do we actually do as translators confronting dissimilarities. We can never when we come across culture-specific and should never aim to remove these items? If we choose to domesticate, we just dissimilarities entirely. A translated text need to find an item in the target language should be the site at which a different as a linguistic substitute (i.e. functional culture emerges. A translation strategy can equivalent), leaving the target language as best preserve that difference by reminding it is. In contrast, to foreignize means to

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import the source culture into the target legal system from one language to another, culture through making linguistic and in this study, the translation of the Persian conceptual adjustments (i.e. creating Civil law into Common Law. conceptual equivalence). In legal translation, many scholars 3. Theoretical Framework associate legal equivalence with the extent The term “equivalence” has been used in to which the same ‘legal effect’ can be the literature to define successful translation produced in the TT while maintaining or to describe the ideal result of translation. fidelity to the ST. This technique, often Equivalence has been variously defined in referred to as a functional equivalence, is terms of functional equivalence, conceptual described by Newmark (1988) as a equivalence, semantic equivalence, formal procedure that occupies the universal area equivalence, dynamic equivalence, lexical between the SL and the TL. He also equivalence, syntactic equivalence, textual recommends the use of functional equivalence and pragmatic equivalence. equivalence for the purpose of the legal The complexity of legal discourse and its translation, because it makes the TT both pragmatic status help explain why comprehensible to the target reader and approaches to legal translation have faithful to the original ST. According to historically been focused mainly on the Šar čevi ć (2000), in legal translations the preservation of the letter rather than on the strategies used must above all focus on one effective rendering in the target language. main principle which is fidelity to the Over time, a change in perspective occurred source text. He said: “Legal translators have and eventually gave rise to the need to traditionally been bound by the principle of define new criteria for equivalence in legal fidelity and they were convinced that the translation. Thus, the principle of legal main goal of legal translation is to equivalence emerged Which considers the reproduce the content of the source text as legal effects that a translated text will have accurately as possible. Both lawyers and in the target culture ( Gemar, 1997: 81- linguists agreed that legal texts had to be 85). Of course, how to achieve it in actual translated literally. For the sake of practice has been one of the most widely preserving the letter of the law, the main debated issues, especially during the 1970s

Downloaded from eijh.modares.ac.ir at 11:52 IRDT on Monday August 31st 2020 guideline for legal translation was fidelity and early 1980s among German scholars. to the source text. Even after legal Basically, the criterion of legal equivalence translators won the right to produce texts in is akin to the concept of functional the spirit of the target language, the general equivalence, endorsed in this specific field guideline remained fidelity to the source by a number of authors. text.” To maintain the authenticity of the Incidentally, according to the principle law, the cultural concepts which are specific of legal equivalence, the translation of a to the original legal system could not be legal text will seek to achieve identity of replaced by functionally equivalent meaning between original and translation, concepts of target language. Thus, cultural i.e. identity of propositional content as well transfer by way of domestication is not as identity of legal effect (Sager, 1993:180), appropriate in legal translation but cultural while at the same time pursuing the transfer as foreignization is best objective of reflecting the intents of the exemplified in the translation of a particular person or body (legislator, lawyer, judge

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etc) which produced the ST. In specifically For example compare the concept of linguistic and translational terms, this “Adam-e-Ahliyat” in Persian legal system corresponds to identity of propositional with "Incapacity” in English legal system. content, illocutionary and perlocutionary forc es, and intentionality (de Beaugrande- "Adam-e-Ahliyat": Inability to take legal Dressler, 1981: 3-11; 113ff). Since legal actions ( Roshdiye, 2011: 887) translation is primarily concerned with the translation of legal concepts, belonging to “Incapacity”: Lack of ability to have different legal systems and since it is certain legal consequences attach to one's required to create similar legal effect in the action, Incompetency (Garner, 2005: 775) TL, in this study we concentrate on On the basis of this description, the term functional and conceptual equivalences. “Adam-e-Ahliyat “is often translated into English legal documents as “Incapacity” 3-1- Functional Equivalence and vice versa. According to Groot (1998), the first stage in translating legal concepts involves studying b) Partial equivalence occurs when legal the meaning of the source-language legal concepts in SL and TL are quite similar and term to be translated. Then, after having the differences can be clarified, e.g. by compared the legal systems involved, a lexical expansion. term with the same content must be sought in the target-language legal system. The legal functional equivalent is defined by Šar čevi ć (1988) as a term in the target legal

system designating a concept which its Figure 2. Partial equivalence function is the same as that in the ST. According to Šar čevi ć (2000) One example that illustrates this type of functional equivalence can be categorized functional equivalence is the Persian into three groups: near-equivalence, partial concept of “Nafaghe ” which is somehow equivalence and non-equivalence. These different from its English equivalent. groups are described below and are “Nafaghe” in Persian refers to “An

Downloaded from eijh.modares.ac.ir at 11:52 IRDT on Monday August 31st 2020 graphically represented by figures where allowance, court ordered or not, that the Persian legal concept (P) is marked by a husband pays to his wife whether estranged grey circle and the English legal concept (E) or not for maintenance and support is marked by a bold circle: (Roshdiye, 2011: 1479) “but in English a) Near-equivalence (which is very rare) “Alimony" refers to “A court- ordered occurs when legal concepts in Persian allowance that one spouse pays to the other and English share most of their primary spouse for maintenance and support while and incidental characteristics or are the they are separated, while they are involved same. in a matrimonial lawsuit, or after they are divorced (Garner, 2005: 80)”. So, we can see that in English legal system, Alimony will be paid upon the court verdict after getting divorced by either of the spouses Figure 1 : Near- equivalence (husband or wife). On the other hand in

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Persian legal system paying “Nafaghe ” is equivalent the legal translator should ‘take an obligation for husband to be paid to the account of the structure, classification, wife during their matrimonial life. So, these scope of application and legal effects of subtle differences indicate that such terms both the functional equivalent and its source are partial equivalents and their differences term’. Therefore, when dealing with legal should be clarified in translation process. conceptual voids or partial equivalents, a legal background can be very helpful for the b) Non-equivalence occurs when only few translator. The legal topic must be well or none of the important aspects of researched in order to provide supporting Persian or English legal concepts information in the TL. In this paper, non- coincide or if there is no functional functional equivalence for which an equivalent in the target legal system for equivalent should be created, is considered a specific ST concept. under the title of “Conceptual Equivalence” that is described as follows:

3-2- Conceptual Equivalence Since legal translation is primarily concerned with the translation of legal

Figure 3 . Non-equivalence concepts, it is “conceptual equivalence” (sameness in legal meaning) that we have to One example that illustrates this type of achieve. Conceptual equivalence requires functional equivalent is the term “Se-Tohr” that different language versions of the law in divorce decrees that is a culture specific must convey the same legal concept(s) in term and none of its legal aspects exist in question. Doubts have been raised as to English legal system and it is necessary to whether conceptual or semantic supply supplementary information, equivalence can be achieved. If it could be annotations and the like to translate such shown that semantic equivalence cannot be words. Badrian (2001:328) translated this achieved, then all legal translations would legal term as: “three consecutive monthly be groundless. Thus, it is of very periods of a woman” in Article 1151 of the importance in legal translation that

Downloaded from eijh.modares.ac.ir at 11:52 IRDT on Monday August 31st 2020 Iranian Civil Code: semantic equivalence be shown to be Article 1151: “The period of “Edde” for possible (Šar čevi ć, 2000). We agree that the a divorce or for the dissolution of a most effective way of translating legal marriage consists of three consecutive terms is to use descriptive paraphrases and monthly periods of a woman concerned definitions as these compensate for though of child bearing age has no monthly terminological incongruity by presenting period, in which case the period of “Edde” the legal information in neutral language. will be three months” (Badrian, 2001: 328). This method, however, requires a certain Determining the acceptability of degree of research, legal training and functional equivalents is the most important relevant background knowledge on the part aspect of the process of legal translation and of the translator. In a situation where a legal it frequently depends on the context. text refers to a specific technical term, this Šar čevi ć (2000) suggests that when lexeme can be used as a borrowing in the assessing the acceptability of a functional TT. As Šar čevi ć (2000) states: “Borrowings

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without explanation and any naturalizations its target text should be functionally & modified phonologically, should be equivalent” and further to the framework avoided whenever an acceptable equivalent she proposed for analyzing register already exists in the target legal system." elements of the original text and its One may still ask:" In what way can translation in order to determine whether semantic equivalence be achieved in and how they are equivalent, in collecting translation when the languages in question the aforementioned data, we selected those do not contain concepts that are exactly the documents that have generic balance with same or when the meanings or concepts of their English translation. The reason is that the source language, which we generally we want to show creating functionally refer to as cultural concepts, are different equivalent TT and similar legal effect in TL from or even absent in the target language?" is not just subject to maintain generic In answering this question, we can talk integrity of the ST, but also using functional about the concept of metafunctions. Even if and conceptual equivalents for cultural the concept that a certain word designates terms are necessary and essential. Only in exists in one language but not in another, it this way we can convey the communicative

can always be replaced by a word in another purpose of the source text and create similar language by means of linguistic adjustment legal effect in the target language. In order in the form of a loan word and a descriptive to fulfill the said purpose first of all it is phrase. In the case of translation, various better to become acquainted with the metalinguistic devices adopted by the essential concepts and different types of translator are often explicitly stated in divorce in civil code of Iran. In this way, we his/her explanatory notes and it is at the can see that although a divorce decree metalinguistic level that conceptual / always is a final judgment in a suit for semantic equivalence is achieved. So, a divorce both in Persian and English legal word in the target language is defined as the systems, how much its concepts are culture- equivalent for its counterpart in the source specific and different from the same language and in this way, two different documents in Common Law. signs are made to denote one and the same concept. 4-1- Dissolution of Marriage in Civil

Downloaded from eijh.modares.ac.ir at 11:52 IRDT on Monday August 31st 2020 Code of Iran (Badrian, 2001: 321-327) 4. Research Method and Data Analysis Marriage may be dissolved by cancellation, In this study, in order to illustrate our divorce or waiver of the remaining period in argument, a number of 20 Persian Decrees the case of a temporary marriage (Article of Divorce (that are commonly used by the 1120). According to Article 1133, “A man legal profession, but haven't been analyzed can divorce his wife whenever he wishes to yet) together with their official English do so” (Provided that he pays all financial translations were collected from translation rights of his wife). Divorce is specially offices of Tehran in 2014. appointed for cases of permanent marriage. Since Bhatia (1997) believes that “it is “A temporary wife is relieved from crucial to maintain generic integrity of the marriage by the expiry of the period of intended genre when translating legal texts” marriage or by waiver of the remaining and also according to House's (2009: 34-35) period by her husband” (Article 1139). basic assumption that “the source text and About various forms of divorce, as is

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stipulated in Article 1143, there are two forms of divorce: Baen (Irrevocable) b. “Rojee (Revocable) Divorce’’ : As per Divorce & Rojee (Revocable) Divorce Article 1148, the husband has the right to renounce divorce provided the period of “ a. Baen (Irrevocable) Divorce: After an Edde” has not expired. Return to the wife irrevocable divorce, the husband has not the after divorce can be effected by any word or right to renounce his intention of divorcing deed which may convey the idea, provided (Article 1144). Also according to Article that it is based on an intention to do so. 1145, “a divorce is irrevocable in the (Article 1149). following instanc es: One of the important concepts in divorce 1. A divorce performed before the which is a cultural term is “ Edde” ( wife's occurrence of matrimonial relations period of waiting). This cultural term is (“Gheir-e-Madkhuleh” Divorce). defined in Article 1150 of civil code as “ a 2. Divorce of a woman in her post- period during which a woman whose menstruation life. (Ya'eseh Divorce) matrimonial bound has been dissolved 3. “Khulla” divorce , in which a wife cannot marry. The period of “ Edde” for a achieves by giving consideration (Evaz divorce or the dissolution of a marriage or fedyeh) to her husband and “Mubarat” consists of three consecutive menstrual divorce which is a divorce upon mutual cycles of a woman concerned though of consent of the spouse , as long as the wife childbearing age has no monthly period in has not demanded the return of the which case the period of “ Edde” will be consideration. ( it should be mentioned three months (Article 1151). both of these are considered by courts as Under the subject of divorce, other a “ Divorce by Consent”). cultural concep ts are as follows: 4. A “Third Divorce, performed after three - “ Nafagheh” ( marriage portion ): consecutive marriages of the same According to Article 1107, is defined as parties whether by mere renouncement cost of maintenance including dwelling, by the husband of his desire to divorce clothing, food, furniture in proportion to the wife or by a new marriage between the situation of the wife, on a reasonable the two parties. basis, and provision of a servant if the

Downloaded from eijh.modares.ac.ir at 11:52 IRDT on Monday August 31st 2020 On the other hand in definition of wife is accustomed to have servants or if “Khulla Divorce” , Article 1146 of civil she needs one because of illness or code states that a Khulla divorce occurs defects or detects of limbs. when the wife obtains a divorce owing to -“Ojratolmesl” : A kind of remuneration dislike of her husband, against property that is considered in law to be paid by which she cedes to the husband . The husband to his wife as a wage in lieu of property in question may consist of the performing the actions that she was not original marriage portion or the monetary legally obliged to do and the amount of equivalent thereof, whether more or less which will be determined by an expert. than the marriage portion. Now that we became acquainted with “Mubarat Divorce” occurs when the some culture-specific concepts and dislike is mutual in which case the different types of divorce, the main compensation must not be more than the problems we encountered in data analysis marriage portion ( Article 1147). . are categorized in the next part.

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in research data that for two different 4-2- Problems in Translation of legal Persian legal terms, one single English Texts equivalent is considered. For example in Altay (2004:67) has classified the problems translating Persian legal terms “ of translating legal texts into the following Fedyeh” and “Evaz” which do not convey categories: 1- Differences in legal systems, the same meaning in the Persian legal 2- Differences in the language systems, e.g. system , translators have selected word order, 3- Lack of an established “Compensation”for both of them in divorce terminology in the field of law, 4- Use of decrees. Below, the difference between particular sentence structures, 5- Dated or these two terms is given: archaic-sounding terms,6- Use of common - “ Fedyeh”: "The property that the wife terms with uncommon meanings. In this grants to her husband in exchange for a study three categories were chosen to show compensation to him in Khula divorce” the problems of translating Divorce Decrees (Jafari Langeroodi, 2013: 495) and from Persian to English and two categories “Money demanded or given for the were not considered because they refer to redemption of a captured person” ( the problems at sentence level which is not Roshdieh, 2011: 947) the subject of our discussion. These - “ Evaz”: “payment for loss or injury problems are as follows: sustained, e.g. compensation for destruction or damaging property of 1- Problems due to Differences in the another” (Jafari Langeroodi, 2013: 480) Legal Systems and “consideration or a price paid in Every nation adopts a particular legal money; money payment” ( Roshdieh, system as a source of making decision on 2011: 919) legal matters. For example, British legal - “Compensation “ : “Remuneration and system roots in common law while the other benefits received in return for French legal system is based on statute law. services rendered; Payment of damages or However, the Iranian legal system is a any other act that a court orders to be done mixture of common law, statute law and by a person who has caused injury to Islamic jurisprudence ( Fiqh). another ” (Garner, 2005: 301) or “

Downloaded from eijh.modares.ac.ir at 11:52 IRDT on Monday August 31st 2020 Consequently, there are culture-specific monetary payment to compensate for loss terms which are not easily translated and or damage. When someone has committed which create remarkable difficulties for a criminal offence that caused personal legal translators. Consider the following injury, loss or damage and has been examples: “Se-Tohr”, “Tamkin”, “Edde” convicted for this offence or it was taken and “Olghe-ye -Zojiyat”. into account when sentencing for another offence, the court may make a 2- Problems due to the Lack of an compensation order… (Martin and Law, Established Terminology 2003). So we can say that “compensation” This problem occurs when there is no fixed is a partial- equivalent for the word translation or equivalent for the legal term “Fedyeh” . in question. The target reader assumes that It can be deduced from these examples s/he is reading the same terms while the two that the problem occurs when there is more terms carry different meanings. We can see

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than one correspondence for a single legal Generally, in translation process, the term in one language or vice versa. nearest equivalent terms are used to give the lexis and terminology of two languages 3- Problems due to common terms with equal meaning and significance and also we uncommon meanings try to achieve the similar legal effect based These terms have different meanings in law on legal interpretation of the source as well as in the communicative usage of information. In this study, we have language and the legal translators find them classified Persian legal terms and their problematic when they are trying their best English equivalents under three categories: to convey the meaning of such terms as Near Functional Equivalent; Partial accurate as possible. For instance, “Qaased” Functional Equivalent and Conceptual which generally means “a messenger, a Equivalent. courier” but as a legal term has a different meaning and it refers to a “person capable a) Near Functional Equivalent of forming an intention” (Samimi Kia, As we have mentioned before, near 2004:276). Article 1136 of the Iranian Civil functional equivalents are those terms that Code makes the above definition more share identical characteristics in SL and TL. clear: Regarding Persian Divorce Decrees, the Article1136: the divorcer must be of following words have near-functional legal age, must be in possession of his equivalents in English legal system: faculties, must intend the act and must be free in his action (Badrian, 2001: 325). Also the word “Edde” which in ordinary language means “a number of Sth. or Sb.”,

has a different meaning in law as: “a period during which a woman whose matrimonial bound has been dissolved cannot marry” (Badrian, 2001: 328) or “Period usually about 100 days, during which a divorced or

widowed Muslim woman may not be

Downloaded from eijh.modares.ac.ir at 11:52 IRDT on Monday August 31st 2020 married to another man ” ( Roshdieh, 2011: 890). In this study after distinguishing the lexical problems , we will classify the functional and conceptual equivalents of culture-specific and legal terms in translation of divorce decrees, relying on Venuti's translation strategies, in order to see how legal concepts of ST is conveyed to the TT.

4-3- Legal Equivalent

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Table 1 - Near Functional Equivalents of Persian legal terms in English legal system Persian Legal Term English Near-Equivalent Eslah-e-Zatolbain Conciliation (A settlement of a dispute in an agreeable manner; Some jurisdictions, such as California, have Family Conciliation Courts to help resolve problems within the family; Garner, 2005: 1628)

Hezanat Custody NOTE: in Persian it is said primarily of the (In Family law. the care, control, and maintenance of a custody of a child including its maintenance child awarded by a court to a responsible adult. Custody although in literature it may be used in its extended involves legal custody (decision- making authority) and senses; English custody, however, means 1. The physical custody (care giving authority), and an award of care and control of a thing or person for inspection, custody usu. grants both rights. In a divorce or separation preservation, or security 2. The care, control, and proceeding between the parents, the court usu. awards maintenance of a child awarded by a court to one custody to one of them, unless both are found to be unfit, of the parents in a divorce or separation proceeding in which case the court may award custody to a third ; Roshdiye, 2011: 547) party, typically a relative; Garner, 2005: 412)

Hokm-e-Talagh Divorce decree (A final judgment in a suit for divorce. A divorce decree dissolves the marriage and usu. resolve all matters concerning property and children. Generally, matters concerning children can be modified in a post-divorce action if there has been a substantial change in circumstances; Garner, 2005: 441) Hokm-e-Ghiyabi Judgment in default (A judgment entered against a defendant who has failed to plead or otherwise defend against the plaintiff's claim; Garner, 2005: 449) Hokm-e-Gheir-e-Ghat'ee-e-Talagh Decree Nisi (A court's decree that will become absolute unless the adversely affected party shows the court, within a specified time, why it should be set aside; Garner, 2005: 441) Dadkhast-e- Talagh Petition for Divorce Downloaded from eijh.modares.ac.ir at 11:52 IRDT on Monday August 31st 2020 (A formal written request presented to a court or other official body , Garner, 2005: 1182; the word “petition" is variously used in English legal proceeding, as eg, a petition for divorce(JBS); Roshdiye, 2011: 662) Geymumat Guardianship (The office, duty, or authority of a guardian. Also ( The fiduciary relationship between a guardian and a the elation subsisting between guardian and ward, ward or other incapacitated person, whereby the guardian A legal arrangement under which one person ( a assumes the power to make decisions about the ward's guardian) has the legal right and duty to care for person or property Garner, 2005: 726) another ( the ward) and his or her property ; Roshdiye, 2011: 1060) Adam-e-Ahliyat Incapacity (Lack of ability to have certain legal consequences attach to one's action ; Incompetency; Garner, 2005: 775)

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In translation of divorce decrees under b) Partial Functional Equivalent this study, the said equivalents were used The analysis of research data shows that without any explanation because these each of following Persian legal terms has a words have the same meanings in TL and it corresponding English equivalent that is is a kind of "Cultural Substitution" or quite similar with the Persian one but some "Domestication" in Target Language. differences can be clarified in it.

Table 2- Partial Functional Equivalents of Persian legal terms in English legal system Persian Legal Term English Partial-Equivalent Ojratolmesl Quantum meruit (Lat.) (Rental value; remuneration; fair equivalent (The reasonable value of services; At common law, a count in remuneration; an assumpsit action to recover payment for services rendered Roshdiye, 2011: 61) to another person ; Garner , 2005: 1276) Nafaghe Alimony (An allowance, court ordered or not , that (A court- ordered allowance that one spouse pays to the other husband pays to his wife whether estranged spouse for maintenance and support when they are separated, or not for maintenance and support; while they are involved in a matrimonial lawsuit, or after they Roshdiye, 2011: 1479) are divorced; Garner, 2005: 80) Talagh-e-Tavafoghi Uncontested Divorce / No-fault Divorce (Divorce by mutual consent of the spouse ; ( A divorce in which the parties are not required to prove fault Roshdiye, 2011: 871) or grounds beyond a showing of the irretrievable breakdown of the marriage or irreconcilable difference; Garner, 2005: 516) Olghe-ye-Zojiyat Bond of Matrimony (Chain of tie of marriage; bond of NOTE: "Bond" is defined as “A obligation or a written matrimony; Roshdiye, 2011: 909) promise to pay money or to do some act if certain circumstances occur or a certain time elapses; Garner, 2005: 187). So the above expression can be a partial equivalent for the Persian legal term. Fedyeh Compensation (The property that the wife grants to her ( Remuneration and other benefits received in return for husband in exchange for a compensation to services rendered; Payment of damages or any other act that a him in Khula divorce” ;Jafari Langeroodi, court orders to be done by a person who has caused injury to 2013: 495; and “Money demanded or given another ; Garner, 2005: 301)

Downloaded from eijh.modares.ac.ir at 11:52 IRDT on Monday August 31st 2020 for the redemption of a captured person; Roshdieh, 2011: 947) Mahr / Mahriyye / Sedagh/ Kabin Marriage Portion (A gift of money or property or service by NOTE : In English the meaning of “Marriage Portion” is the a man to or for his bride that is either same as “Dowry” and refers to the money, goods or property offered to her before or at the time of that a woman brings to her husband in marriage ( Garner, marriage is being solemnized or at any 2005: 530) but in Persian it is vice versa and “Mahriyye” time demanded by his bride pursuant to should be paid from husband to the wife. So it is not the exact marriage; Roshdiye, 2011: 1436) equivalent but a partial one.

a descriptive paragraph or footnote in which The professional translators' strategy in the substantial differences between these translating Persian legal terms with terms in two legal systems are clarified (as corresponding partial equivalent is to use in table 2 ). It should be mentioned that this the relevant partial-equivalent together with strategy is a kind of "Domestication", too.

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C) Conceptual Equivalent found) thorough “Foreignization” and we For the terms which are not found in the can make a similar legal effect in the target target language, the translation would be in language. In table 3 there are some Persian the form of dynamic equivalence or a legal terms in divorce decrees that do not paraphrase to convey the intended meaning. exist in English legal system and the According to part 3-2, even if a legal translators have explained them by concept of SL doesn't exist in legal system paraphrasing with related or unrelated of TL that concept can be replaced by words in order to let the reader understand metalinguistic devices through linguistic the exact application of the term in the adjustment (i.e. the loanword together with relevant legal situation. a descriptive phrase or paraphrase). So in this way “Conceptual equivalents” or “non- functional equivalents” will be created (not

Table 3. Conceptual Equivalents of Persian legal terms in English legal system Persian Legal Term Conceptual Equivalent in English Edde Edde ( woman's waiting period after divorce ) (a period about 100 days during which a divorced or widowed Muslim woman may not be married to another man; Roshdiyeh, 2005: 890) Talagh-e-Baen Baen Divorce (Irrevocable /Permanent divorce) which will not allow revocation by man unless by remarriage with the woman; Roshdiyeh, 2005: 245) Tohr-e-Gheir-e-Movaghe'e Clean Period (between two menses during which sexual intercourse does not take place ( Samimikia, 2004: 246) Talagh-e-Khol'ee Khula Divorce (Divorce at the instance of wife based on dislike of husband in exchange for a compensation to him that may be equal to , more or less than her marriage portion; Samimikia, 2004: 245) Talagh-e-Mobarat Mubarat Divorce ( Divorce based on mutual dislike of the spouses in which the wife seeks the divorce in exchange for a compensation to the husband which does not exceed the value of her marriage portion; Samimikia, 2004: 245) Downloaded from eijh.modares.ac.ir at 11:52 IRDT on Monday August 31st 2020 Talagh-e-Roj'ee Roji Divorce ( Voidable/revocable divorce) ( Mutually Revocable divorce during the 100 days immediately following its execution; Roshdiyeh, 2005: 871) Tamkin Tamkin (The canonically obligatory sexual resignation of woman to her husband; Roshdiyeh, 2005: 246)

Thus we can see that foreignization is equivalence is not found , but created . It simply a metalinguistic operation whereby results from a most common metalinguistic cultural transfer is affected. In this study, operation. It is now clear how a text conceptual / semantic equivalence is not produced by translation can convey the understood as the one-to-one similar legal meaning in another language. correspondence between languages, but as a So, concerning the actual relevance of legal semantic relationship at the metalinguistic culture to legal translation, we can conclude level. But simply, conceptual / semantic that cultural transfer as foreignization is

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best exemplified in legal translation since source text into the target language text. the goal of legal translation is to reproduce The legal translator is bound to achieve a legal text in the target language which has semantic equivalence in cultural transfer the same meaning as the source text while foreignization. In this regard the process of also transferring the legal culture of the legal translation is as follows:

Persian Equivale Legal Linguistic nt Text Transcoding English Legal

culturalelementsthat can find representation in the culturalelementscanthat find find representationthe in Source Target Lang. Lang. (Persian) (Eng.)

targettxt

- Legal ideology; Legal Culture - Shared attitudes, Legal Culture Embedded

Downloaded from eijh.modares.ac.ir at 11:52 IRDT on Monday August 31st 2020 values and beliefs Transfer in English Text - Principles and concepts of Persian legal system

Figure 4 : Process of legal translation

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The first horizontal level depicts the process to characterize translation as a socio- of linguistic transcoding where the legal cultural activity as opposed to a mere act of translator represents the source legal text linguistic transcoding, can be understood in with the equivalent legal text in the target two diametrically opposite senses. On the language. In other words, the two end one hand, it is taken to mean the mapping of products of legal texts should convey the cultural elements of the source text onto similar legal meaning. The second their equivalents in the culture of the target horizontal level depicts the process of text. On the other hand, it is taken to mean transferring legal culture. We note that, the conveyance of the source culture into during the translation process, what should the target culture, which necessitates be maintained intact is the source legal linguistic and conceptual adjustments of the culture. This point is emphasized in our translating language. Translation as cultural previous discussion that cultural transfer as transfer requires that a choice be made foreignization is the transfer of the source between the two basic translation strategies, culture into the target language instead of i.e. domestication and foreignization. The naturalizing the source culture with the cultural concepts of the source language overwhelming conventions of the target may be either domesticated in order to culture. Obviously enough, what could be facilitate cross-cultural communication or transferred are the variables that have the foreignized by making both linguistic and most direct and intimate bearing on the conceptual adjustments of the target language of the source legal text since the language. Translation as cultural transfer is process of foreignization is inseparably no longer a matter of finding linguistic bound up with the process of achieving equivalents between languages, but rather conceptual / semantic equivalence. an operation of creating conceptual / semantic equivalence on the metalinguistic 5. Conclusion level. Thus, foreignization is simply a To produce a text that leads to the similar metalinguistic operation for cultural legal effect in practice, the legal translator transfer and making similar legal effect in must be able to understand not only what target language. the words and sentences mean, but also

Downloaded from eijh.modares.ac.ir at 11:52 IRDT on Monday August 31st 2020 what legal effect they are supposed to have, References and how to achieve that legal effect in the [1] Aghagolzadeh, F. and target language. So, in this study we chose Farazandehpour,F. (2014). The Persian Decrees of Divorce and their Analysis of Stylistic Features of official English translations as the research Persian Legal Texts and Presenting data and we dealt with the translation of Principles for the Development of Plain Legal Language in Iran, Tehran: legal terms from Persian into English. We Neviseh Publications began our discussion by reflecting on the [2] - Alcaraz, E. and B. Hughes . (2002). notion of cultural transfer in translation Translation practices explained. Vol. 4: theory. Translation theorists expended Legal translation explained". much effort in developing theories Manchester: St. Jerome Publishing. centering on linguistic transcoding, [3] Altay, A. (2004). Difficulties especially on linguistic equivalence. The Encountered in the Translation of Legal notion of cultural transfer, when employed

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Texts. Journal of Diplomatic Lan- [18] Rafiee, M. T. 2004. Dictionary of legal guage , 1(4), 1-10 terms Englih – Persian . Tehran: Majd [4] Badrian, F. (2001). Translation of Civil Publications. Code of Iran . Tehran: Rahnama [19] - Roshdiye, H. 2011. A descriptive and Publication. comparative dictionary of law ,Vol. 1 & 2, [5] Beaugrande, R. de and Dressler,W. Tehran: Nourbakhsh. (1981). Introduction to text linguistics , [20] Sager, J.C., 1993. Language engineering London: Longman. and translation: consequences of [6] Bhatia, Vijay K. 1997. Translating automation (Vol. 1). John Benjamins legal genres . In: A. Trosborg, ed. Text Publishing. Typology and Translation, [21] Samimikia, M.A. 2004. Persian-English Amsterdam/Philadelphia: John law dictionary , Tehran: Dashtestan. Benjamin Publishing Company. [22] Šar čevi ć, S. 2000. New approach to legal [7] Cao, D., 2007. Translating law (Vol. translation . London: Kluwer Law 33). Multilingual Matters. International. [8] Cotterrell, R., 1997. The concept of [23] Šar čevi ć, S., 1991. Bilingual and legal culture . In D. Nelken (Ed.). multilingual legal dictionaries: new Comparing legal cultures, Aldershot: standards for the future. Meta: Journal des Dartmouth. traducteursMeta:/Translators' [9] Martin ,E.A. and Law, J. Journal , 36 (4), pp.615-626 . 2003.Dictionary of law . Oxford: OUP [24] Shiravi, A. 2004. Legal texts (I): Contract [10] Friedman, L.M., 1975. The legal system: A law . Tehran: SMAT Publications. social science perspective . Russell Sage [25] Snell-Hornby, M. (1988). " Translation Foundation . studies: An integrated approach ." [11] Garner, B.A. 2005. Black's law dictionary, Amsterdam: J. Benjamins. 8th Ed., U.S.A: Thomson West Publishing [26] Tiersma, P. (2000). The Nature of Legal Co. Language. Retrieved 18 August 2011 from [12] Gémar, J.C., 1995. Traduire le Langage du http://www.languageandlaw.org/NATUR droit en contexte bilingue et bi juridique. E.HTM Le Canada: un cas d’espèce. Schena, Leo [27] Venuti, L. 2000. The translation studies (a cura di): La Lingua del diritto. reader . London: Routledge. Difficoltà traduttive. Applicazioni [28] Venuti, L., 1998. Strategies of didattiche. Atti del Primo Convegno translation. Encyclopedia of translation

Downloaded from eijh.modares.ac.ir at 11:52 IRDT on Monday August 31st 2020 Internazionale, Milano , pp.5-6. studies , pp.240-244. [13] De Groot, G.R. and Hondius, E.H., 1998 . [29] Wilss, W., 1982. The science of Language and law. Netherlands reports translation: problems and International Association for Comparative methods. Tübingen: Günther Narr. Law , pp.21-32. [14] House, J., 2009. Translation . Oxford: Oxford University Press. [15] Jafari Langeroodi, M.T. 2013. Legal terminology , Tehran: Ganj Danesh. [16] Koller, W. (1979). Einfuhrung in die Ubersetyungwissenschft",Hedelberg Wiesbaden: Qulle und Meyer. [17] Newmark, P. 1988. A textbook of translation . London: Longman.

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ارﺗﻘﺎء ﻛﻴﻔﻴﺖ ﺗﺮﺟﻤﻪ ﺣﻘﻮﻗﻲ از ﻃﺮﻳﻖ اﻧﺘﻘﺎل ﻓﺮﻫﻨﮕﻲ

ﻓﺮدوس آﻗﺎ ﮔﻞ زاده1، ﻓﺎﺋﺰه ﻓﺮازﻧﺪه ﭘﻮر2 ، ارﺳﻼن ﮔﻠﻔﺎم3 ، ﻣﺤﻤﺪ ﻓﺮﺟﻴﻬﺎ4

ﺗﺎرﻳﺦ درﻳﺎﻓﺖ: /5/29 93 ﺗﺎرﻳﺦ ﭘﺬﻳﺮ ش: /11/3 94

ﺗﺮﺟﻤﻪ ﺣﻘﻮﻗﻲ، ﻧﻮﻋﻲ ﺗﺮﺟﻤﻪ ﺑﺮاي ﻫﺪف ﺧﺎص اﺳﺖ ﻛﻪ ارﺗﺒﺎﻃﻲ ﺑﻴﻦ زﺑﺎﻧﻲ در ﺑﺎﻓﺖ ﻗﺎﻧﻮن ﺗﻠﻘﻲ ﻣﻲ ﺷﻮد و ﻋﻨﺎﺻﺮ ﻓﺮﻫﻨﮓ واﺑﺴﺘﻪ دﻳﮕﺮي را ﻧﻴﺰ درﺑﺮ ﻣﻲ ﮔﻴﺮد. از آﻧﺠﺎ ﻛﻪ زﺑﺎن ﺣﻘﻮﻗﻲ ﻛﺎرﻛﺮدي ﺗﺠﻮﻳﺰي و ﻛﻨﺸﻲ دارد، ﺑﻨﺎﺑﺮاﻳﻦ آﮔﺎﻫﻲ از ﻫﺪف اﺻﻠﻲ ﺗﺮﺟﻤﻪ ﻣﺘﻦ ﺣﻘﻮﻗﻲ ﺣﺎﺋﺰ اﻫﻤﻴﺖ اﺳﺖ. از ﺳﻮي دﻳﮕﺮ ﻣﺘﺮﺟﻤﺎن ﺣﻘﻮﻗﻲ ﻣﻲ ﺑﺎﻳﺴﺖ ﻣﺘﻮﻧﻲ را ﺗﻮﻟﻴﺪ ﻛﻨﻨﺪ ﻛﻪ در زﺑﺎن ﻣﻘﺼﺪ ﺗﺎﺛﻴﺮ ﺣﻘﻮﻗﻲ ﻣﺸﺎﺑﻬﻲ داﺷﺘﻪ ﺑﺎﺷﺪ. ﺑﻨﺎﺑﺮاﻳﻦ ﻋﻼوه ﺑﺮ آﺷﻨﺎﻳﻲ ﺑﺎ ﻣﻔﺎﻫﻴﻢ ﺣﻘﻮﻗ ﻲ و ﺗﺎﺛﻴﺮ آﻧﻬﺎ در ﻧﻈﺎم ﺣﻘﻮﻗﻲ ﻣﺮﺑﻮﻃﻪ ﻣﻴﺒﺎﻳﺴﺖ ﻗﺎدر ﺑﻪ اﻧﺘﻘﺎل اﻳﻦ ﻣﻔﺎﻫﻴﻢ و اﻳﺠﺎد ﺗﺎﺛﻴﺮ ﺣﻘﻮﻗﻲ ﻣﺸﺎﺑﻪ در زﺑﺎن ﻣﻘﺼﺪ ﺑﺎﺷﻨﺪ. ﺗﻔﺎوت ﻓﺮاوان ﻣﻴﺎن ﻧﻈﺎم و ﻓﺮﻫﻨﮓ ﺣﻘﻮﻗﻲ اﻳﺮان و اﻧﮕﻠﺴﺘﺎن و ﺑﺎﻟﻄﺒﻊ ﻧﺎﻫﻤﺎﻫﻨﮕﻲ در اﺻﻄﻼﺣﺎت و ﻣﻔﺎﻫﻴﻢ ﺣﻘﻮﻗﻲ آن ﺣﺎﻛﻲ از وﺟﻮد ﭼﺎﻟﺸﻬﺎي ﻣﺘﻌﺪدي در ﺗﺮﺟﻤﻪ ﺣﻘﻮﻗﻲ اﺳﺖ. ﻟﺬا در اﻳﻦ ﻣﻘﺎﻟﻪ ﻣﻲ ﻛﻮﺷﻴﻢ ﺗﺎ ﺑﺎ اراﺋﻪ راﻫﻜﺎري ﺿﻤﻦ اﻧﺘﻘﺎل ﻓﺮﻫﻨﮓ ﺣﻘﻮﻗﻲ زﺑﺎن ﻣﺒﺪاء (ﻓﺎرﺳﻲ) ﺑﻪ زﺑﺎن ﻣﻘﺼﺪ (اﻧﮕﻠﻴﺴﻲ) ، ﺑﺎ اﺗﻜﺎ ﺑﺮ روﺷﻬﺎي ﺗﺮﺟﻤﻪ وﻧﻮﺗﻲ ( 1998 )، ﻏﺮاﺑﺖ زداﻳﻲ و آﺷﻨﺎﻳﻲ زداﻳﻲ، ﺑﺘﻮان ﺗﺎﺛﻴﺮ ﺣﻘﻮﻗﻲ ﻣﺸﺎﺑﻬﻲ را در زﺑﺎن ﻣﻘﺼﺪ اﻳﺠﺎد ﻛﺮده و ﻛﻴﻔﻴﺖ ﺗﺮﺟﻤﻪ ﺣﻘﻮﻗﻲ را ارﺗﻘﺎء داد. ﺑﻪ ﻫﻤﻴﻦ ﻣﻨﻈﻮر در ﺣﻮزه ﺣﻘﻮق ﺧﺼﻮﺻﻲ ﺗﻌﺪاد 20 ﻃﻼﻗﻨﺎﻣﻪ و ﺗﺮﺟﻤﻪ اﻧﮕﻠﻴﺴﻲ آن ﻛﻪ ﻋﻠﻲ رﻏﻢ ﻛﺎرﺑﺮد ﻓﺮاوان در ﺟﺎﻣﻌﻪ، ﺗﺎﻛﻨﻮن ﻣﻮرد ﺑﺮرﺳﻲ ﻗﺮار ﻧﮕﺮﻓﺘﻪ ﺑﻪ ﻋﻨﻮان ﭘﻴﻜﺮه دادﻫﺎ اﻧﺘﺨﺎب ﺷﺪ. در ﻧﻬﺎﻳﺖ ﺗﺤﻠﻴﻞ داده ﻫﺎ ﻧﺸﺎن داد ﻛﻪ ﻣﺘﻮن ﻣﺘﻌﻠﻖ ﺑﻪ دو ﻧﻈﺎم ﺣﻘﻮﻗﻲ

ﻣﺘﻔﺎوت ﻗﺎﺑﻞ ﺗﺮﺟﻤﻪ اﻧﺪ و ﻫﻤﭽﻨﻴﻦ ﻣﻲ ﺗﻮان ﺗﺎﺛﻴﺮ ﺣﻘﻮﻗﻲ ﻣﺸﺎﺑﻬﻲ را در زﺑﺎن ﻣﻘﺼﺪ اﻳﺠﺎد ﻛﺮد ﺑﻪ ﺷﺮط آﻧﻜﻪ Downloaded from eijh.modares.ac.ir at 11:52 IRDT on Monday August 31st 2020 ﺿﻤﻦ ﺣﻔﻆ ژاﻧﺮ ﺣﻘﻮﻗﻲ ﻣﺘﻦ ﻣﺒﺪاء ، ﺑﺮاي ﺗﺮﺟﻤﻪ ﻣﻔﺎﻫﻴﻢ ﺣﻘﻮﻗﻲ و ﻓﺮﻫﻨﮓ واﺑﺴﺘ ﻪ ﺑﻪ ﻃﺮﻳﻖ ﻏﺮاﺑﺖ زداﻳﻲ ا ز " ﻣﻌﺎدل ﻧﻘﺸﻲ" و ﺑﻪ ﻃﺮﻳﻖ آﺷﻨﺎﻳﻲ زداﻳﻲ از " ﻣﻌﺎدل ﻣﻔﻬﻮﻣﻲ" اﺳﺘﻔﺎده ﺷﻮد.

واژﮔﺎن ﻛﻠﻴﺪي : ﺗﺮﺟﻤﻪ ﺣﻘﻮﻗﻲ ، ﻣﻌﺎدل ﻧﻘﺸﻲ ، ﻣﻌﺎدل ﻣﻔﻬﻮﻣﻲ ،ذ ﻃﻼﻗﻨﺎﻣﻪ ، ﻓﺮﻫﻨﮓ ﺣﻘﻮﻗﻲ .

1. داﻧﺸﻴﺎر ﮔﺮوه زﺑﺎن ﺷﻨﺎﺳﻲ داﻧﺸﮕﺎه ﺗﺮﺑﻴﺖ ﻣﺪرس ؛ ﺗﻬﺮان - اﻳﺮان ؛ [email protected] 2.، اﺳﺘﺎدﻳﺎر ﮔﺮوه زﺑﺎن ﺷﻨﺎﺳﻲ، ﻋﻠﻢ و ﺗﺤﻘﻴﻘﺎت، داﻧﺸﮕﺎه آزاد اﺳﻼﻣﻲ واﺣﺪ ﻋﻠﻮم و ﺗﺤﻘﻴﻘﺎت 3. داﻧﺸﻴﺎر ﮔﺮوه زﺑﺎن ﺷﻨﺎﺳﻲ داﻧﺸﮕﺎه ﺗﺮﺑﻴﺖ ﻣﺪرس؛ ﺗﻬﺮان - اﻳﺮان 4. داﻧﺸﻴﺎر ﮔﺮوه ﺣﻘﻮق داﻧﺸﮕﺎه ﺗﺮﺑﻴﺖ ﻣﺪرس؛ ﺗﻬﺮان - اﻳﺮان