The Language of Law and the Problem of 'Equivalence' in Translation

Abstract

In the globalised world, interculturality is increasingly a necessity; recognising the concept and its applicability dictates the use of translation. This article pays special attention to translation in law, since specific sociocultural contents are involved: the issue of equivalence. The very definition of equivalence is addressed in this article, as well as the distinction between formal and dynamic equivalence. The theories of Catford, Hönig/Kuβmaul, Reiβ and Vermeer are examined but these apply only to translation in general and are not specific to legal translation. Susan Šarčević advocates the search for an equivalent closer to the legal reality of the target language, the so-called functional equivalent. Therefore, it can be said that equivalence in legal translation is problematic because it is practically impossible to find a 'total' equivalence given the variants in legal systems, cultures and languages.