Między Oryginałem a Przekładem (Jul 2013)
Komunikacyjny model przekładu tekstu prawnego
Abstract
A communicative model of a legal text translation The article constitutes an attempt at constructing a model of a legal text translation on the basis of a general scheme of linguistic communication. It takes into account the normative aspect of a legal text, as a result of which the message is received on the descriptive level, i.e. the level of language and legal regulations, as well as on the directive level, which is semantically much deeper and requires applying specific statutory interpretation rules and even validation rules in order to describe legal norms. The presented communication schemes illustrate problems which result from superseding the recipient of a normative message with a replacement recipient, i.e. a translator, who is limited – or not – by their own legal intuition, i.e. the images they have in their mind. The schemes also refer to communication limitations which arise due to the linguistic channel, i.e. the written medium, which comes as a result of the matter that undergoes translation. The schematic approach to the model allows the author to analyze the problems of untranslatability of a legal text.
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