An Interdisciplinary Approach of Comparative Law and Translation Studies: Selected Civil Code Terms as Examples

• Main Authors: HONG, YI-HSIN, 洪乙心
• Other Authors: CHUANG, YING-TING
• Format: Others
• Language: en_US
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/t7sh5h

碩士 === 國立高雄科技大學 === 應用英語系 === 107 === Legal translation has been in increasing demand on the rise of cultural and economic globalization. Given the inherent incongruence of legal systems, difficulty in legal translation arises from both linguistic and systematic differences. Aimed at investigating application of comparative law to the translation of legal terminology, a two-stage methodology is devised. This thesis takes legal terms relating to legal acts from the Civil Code of Taiwan as the research object and searches for a target term from the target legal system as a translation equivalent, rather than turns to other translation solutions (such as to produce a new target expression). To do so, this thesis proposes a three-phase protocol, which integrates comparative law with translation studies as well as assesses the translation products from translation theoretical perspectives. The data analysis shows that the comparative law method is applicable to the translation of legal terminology, fulfills the demands of the two features - no-transfer between legal systems and informative function, demonstrated by translation of the Civil Code, and helps make a balance between source orientation and target orientation. In addition, certain notions, such as interpretation, function, equivalent and equivalence, which are meant differently in comparative law and translation studies, are integrated into this method. This thesis reveals that this method, as an interdisciplinary, integrated and balanced approach, is not incompatible with views and strategies in translation studies.