translation studies handbook

MA Legal Translation Applied Translation Theory Theory sessions are taught progressively, building up the knowledge needed for source text analysis, identification of translation problems, understanding of translation procedures, the role of the brief and overall translation method (or strategy), and evaluation of translation solutions. Our translation theory sessions focus on applied theory, aimed at providing tools to support the decision making processes of the professional translator. This involves an understanding of the translation process with its different phases and reflection on translation practice at a micro-level. This means that translation is broken down into its individual steps (such as decoding, identification of problems, description of problems, identification of possible procedures, and evaluation of solutions). If you have translation experience and are used to making intuitive or practice-based decisions, you may find this frustrating because it forces you to break down holistic practice into analytical steps. This breaking down, analysing in detail and reflection on appropriate practice is not the final aim of how we see translation. It is part of the process of professionalising and systematising the process of translation to produce translation professionals who understand and can argue which decisions they have taken and why. Experienced translators will carry out the individual steps which we focus on in the modules automatically and will often not even be aware what it is they are doing. You can compare the way we teach translation theory to how you learn driving: in the lessons, and at the beginning, you are conscious of every single step as an experienced driver, you do not even think about the sequence of steps involved in starting a car and driving. Translation theory is taught consecutively building up from module 1 to module 8. Full time students and part time students have a slightly different sequence in which the different legal aspects are taught. But despite this, the translation theory will always follow the module 1 8 pattern in terms of its actual chronological sequence. The booklet is laid out by chronological module number 1 8 (NOT module code LAM011, LAM012, etc). Here is an overview of the

chronological module sequences for full time and part time students (year 1 and year 2).

FULL TIME PART TIME YEAR ONE

PART TIME YEAR 2

SEPTEMBER 2010 M1: LAM010 1-‐4 September 10 Principles and Practice of Legal Translation

M1: LAM010 1-‐4 September 2010 Principles and Practice of Legal Translation

M5: LAM014 8-‐11 September 2010 Company Law Key Principles and Translation

M2: LAM041 15-‐18 September 2011 Translation for Litigation

DECEMBER 2010 M3: LAM042 1-‐4 December 2010 Terminology and Translation of Contracts

M2: LAM011 1-‐4 December 2010 Terminology and Translation of Contracts

M4: LAM043 8-‐11 December 2010 Commercial Law Key Principles and Translation

M6: LAM015 8-‐11 December 2010 Commercial Law Key Principles and Translation

EASTER 2011 M5: LAM044 30 March 2 April 2011 Company Law-‐ Key Principles and Translation

M3: LAM040 30 March 2 April 2011 Company Law: Key Principles and Translation

M6: LAM016 6-‐9 April 2011 EU: Legal Principles and Translation

M7: LAM016 6-‐9 -‐April 2011 EU Legal Principles and Translation

JUNE 2011 M7: LAM045 8-‐11 June 2011 Key Legal Principles and Translation of Property Documentation

M4: LAM013 8-‐11 June 2011 Key Legal Principles and Translation of Property Documentation

M8: LAM017 15-‐18 June 2011 Financial Legal Translation

M8: LAM017 15-‐18 June 2011 Financial Legal Translation

LAM018 Dissertation December 2010 October 2011

LAM018 Dissertation September 2010 October 2011

Table of contents Module 1 1. Translation and legal translation how does theory

help? 2. Word meaning 3. Terminology research

Module 2 1. Translation process, brief and method

2. Translation procedures 3. Annotations

Module 3 1. Register 2. Discontinuous syntax

Module 4 1. Dissertation briefing 1 2. Cohesion

Module 5 1. Commentary writing & source text analysis 2. Dissertation workshop 1: Research proposal /

ST Research & Documentation

Module 6 1. Theme rheme 2. Dissertation workshop 2: research methodologies and

skills

Module 7 1. Dissertation workshop 3 a) literature review (option A) b) pre-translation analysis (option B)

Module 8 1. Dissertation workshop 4 a) statistics, evaluation of data and analysis (option A) b) Q&A on writing the commentary; constructing an argument, writing style, referencing (option B)

Module 1

T ranslation and legal translation how does theory help? ppt lecture notes

Reading: Baker, Mona (1992) In other words, A coursebook on translation, London: Routledge Chesterman, Andrew (1997) The memes of translation, Amsterdam: John Benjamins Chesterman, Andrew and Emma Wagner (2002) Can theory help translators? A dialogue beween the Ivory Tower and the Wordface, Manchester: St Jerome Newmark, Peter (1988) A textbook of translation, Hemel Hempstead: Prentice Hall

Word meaning

ppt lecture notes answers to word meaning exercise

Reading: Baker, M., In other words (London: Routledge, 1992), pp. 10-44 and p. 48

T erminology research

ppt lecture notes example terminology entry form

Reading: Cabré, Teresa, Terminology; Theory, methods and applications (Amsterdam: John Benjamins, 1998)

Ch. 2, pp.33-8, 40-5, 48 Ch. 3, pp.86-7, 95, 104 Ch. 4

Austermühl, Frank, Electronic translation tools for translators (Manchester: St. Jerome, 2001)

pp. 52-67 T erminology wor kshop

terminology entry form worksheet text for terminology workshop examples of completed entry forms

1

Translation theory

Does it help?

Emma Wagner (DGT)

There can be few professions with such a yawning gap

between theory and practice.(Chesterman and Wagner 2002:1)

Criticism of translation theory

Irrelevant to the problems encountered by professional translatorsEach problem is unique generalisations do not workTheory is too complex and concepts are incomprehensible

- aimsconcerned with the problems raised by

the production and the description of translations

goal of TS: produce a comprehensive theory which can also be used as a guideline for the production of translations

4

Translation as a discipline

Practice of translation not newOnly systematically approached as academic discipline in its own right in 20CBefore then part of language learning (grammar-translation approach or comparative literary studies)Translation as method for writers to hone their writing skills

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Early theorising

no systematic theory but translators stating their principles

criteria for judgement vague and subjectivecentral concepts:

fidelity/faithfulnessspirit (of the original) genius (of the author)truth

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Traditional notions of translation

Hierarchical relationship between original and translationTranslation derivative, a copy of the original

Beautiful translation but betrays original

Modesty & mastery in translation

2 historically different practicesTranslator

masters the originalimproves on the original

Translator subservient to original author and textapologetic for shortcomings of the translation

The role of the translator

Mouthpiece for original textNo creative input into target textTranslation is reproductionLoyalty or faithfulness

ST oriented

Translation creative workTranslator re-writes or re-creates target textTranslation is creativeLoyalty to the reader

TT oriented

20C - Linguistic approaches

Attempts to systematise translationtheorise translation scientificallyestablish translation as a discipline

Scientific approachDifferences in systematic structure and elements of languagesPractical approach; translation proceduresSource text oriented

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Linguistic approach & equivalenceSL unit is replaced by equivalent TL unit

basic premise of equivalence across linguistic systems: that which is written in one language can and must be reproduced intact in the second language

translation unit can be at level ofword sentenceparagraphtext

Main proponents of linguistic approach:Jakobson, Catford, Viney & Darbelnet, Nida

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Equivalent effectDynamic vs formal equivalenceEquivalence in meaning (of words in different languages)Equivalent effect:

achieve the same effect on TTR (by different formal, linguistic means) as the STbrings in notion of the function of the text, aware of the needs of the target reader

focus on how languages differ and how translators develop strategies for translating

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3

Functional approachesplace the emphasis on the translator's objective and the designated reader, rather than on any notion of sameness between languages.Focus on the text:

what text type and formdetermines translation method chosen

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Functional approaches - 2

Translational action (who is involved in the translation process?)The translator tries to make the TL function the same way the SL functioned for the ST readersFocus on language functions such as:

To inform; To question; To command; To deny; To emphasize; To sequence narration of events, etc

render these in TL-naturalised way

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Skopos theory

What role does the target text play?Purpose (or need of target reader) determines translation methodNot so much concerned with linguistic featuresTarget reader oriented

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Text-linguistic approaches

Register and discourse basedAnalyses whole text and context (sociocultural context)Translation assessmentPragmatic features (what language used to achieve what goal?)

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Systems and norms

Texts are part of a (literary) system which is made up of a number of sub-systemsTranslation involves inserting a text into a new (target) systemHas to conform to norms of receiving culture investigate the ways translations operate to adapt to this

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Goals of translation theory

1. To describe what translators do, what strategies they use and what roles they play, under given linguistic and socio-cultural conditions

2. To explain why they do this, what norms they follow, what values underlie these norms; and

3. To assess the effects of translatorial actions, on readers and also on cultures and intercultural relations more widely

(Chesterman, 1997:48)

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Relevance for translation?

ReflectionSystematisation of solutionsTransparency of what kind of solution relevant whenUnderstanding of ST and TT (purpose)Sensitise to problemsUnderstand translation processBe clear about brief and choice of translation method

Translation theory as a toolkit

Role of the translator as an actorTranslation as a process with distinct phases and participantsFramework for choice of translation method Criteria for choice of strategies and procedures in translatingClassification of translation problems

Translational action model

Agents / roles in translation process:InitiatorcommissionerST producerTT producerTT userTT receiver

Produce a TT which is functionally communicative for TT receiverForm and genre of TT must adapt to TC conventions

Stages in the translation process

1. Analysis of the brief2. Source text analysis _________________________________3. Transfer_________________________________4. Restructuring 5. Revision and proof-reading

Analysis of the brief

Establishing the purpose of the translationWho commissioned it For which readership What is their knowledge Determines choice of translation method (source text or target reader oriented)Determines choice of translation procedures

Choice of translation methodLinks between pre-translation analysis and transfer properInitial decision: What kind of TT am I going to produce?

Is the translation going to be source text oriented or target text oriented?i.e.is the TT going to read naturally and use TL conventions and idiom or is it going to protect the

STBased on the brief

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Source text analysisReading & understanding of the source text Prepare the text for translation by:

Identifying intratextual and extratextual features of the SLT that have influenced production of the source text and which will be crucial in the transfer of the text into the target language

influences decisions and choices made during transfer

Extra-linguistic / contextual factors

The source-text producerThe source of publication Intention of the SLT writerThe function of the text The register of the SLTThe reader of the SLT The jurisdictionThe domain

Linguistic/ Textual featuresText-type and genreRegisterStyleStructure of the textCohesive devicesThe structure of sentencesUse of collocations, metaphors and idioms TenseTerminology and general vocabulary

Translation problems and procedures

Most useful classification:at word level: terminology; collocations; idioms and figurative language; non-standard usageat sentence level: syntax; grammatical constructions; punctuation (this can be also at text level); at text level: cohesion; coherence; style; register (nb register is commonly used to denote the relationship between the writer and the reader style relates to the particular style of the text in question .)

References

Baker, Mona (1992) In other words, A coursebook on translation, London: Routledge

Chesterman, Andrew (1997) The memes of translation, Amsterdam: John Benjamins

Chesterman, Andrew and Emma Wagner (2002) Can theory help translators? A dialogue beween the Ivory Tower and the Wordface, Manchester: St Jerome

Newmark, Peter (1988) A textbook of translation,Hemel Hempstead: Prentice Hall

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Language functions, lexical meaning, semantic fields

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Communication ModelC

CU

UL

contextL

T SE NDE R M ESSA G E RE C E IV E R TU code

UR contact

RE

E

3

Components of communication modelSender producer of the message (also: addresser)Receiver recipient of the message (also: addressee)M essage what is said; content; informationContext what is spoken about; subject matter;

background of people involvedunderstanding they bring to the topic (real world knowledge; subject/domain knowledge)

Code how it is said; the words chosen, the medium; the language (English, dialect; register)

Contact channel; whether and how contact is establishedphysical: telephone connection, but also hearing/not hearing (background noise)psychological: not 'wanting' to hear; blocking (beggar

in street; heckler in meeting)4

The translator as communicator

contact contact

STComprehensionDecoding

T TProductionE ncoding

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Code: language functionsReferential

facts, knowledge, cognitive; this lecture predominantly referential

Emotiveshows emotionattitude to message, whether angry, ironicoften not complex structures or even words, but interjections: ow, ooh

Poeticrelated entirely to the form of the message, its 'outer' shapewhat sounds good; rhythm and rhyme; aesthetic featuresSee you later, alligator!

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Language functions (2)Phaticno 'content'; no information; formulaic expressionsmaintains comfortable relationship; reassures, signals friendship, withholding signals distance, alienationcheck whether communication is workingPleased to meet you.Conativelanguage as action on the worldimperative, instructions, performative language, ritualGo forth and multiply!Metalingualspeaking about languagechecking on the code, whether we speak the same 'language'

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Functions according to:

Bühler Jakobson Searle MetalingualPhatic

Expressive Poetic ExpressivesEmotive

Informative Referential RepresentativesVocative Conative Directives

ComissivesDeclaratives 8

Focus on different aspects

Different classification systems show different nuances of how communication worksBühler: basic distinctionSearle: much more interested in differentiating between how we act on the worldJakobson: very interested in different things language can do

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Searle explained

Directives: speaker attempting to get hearer to commit to future actionCommissives: speaker commits him/herself to future actionDeclarations: performative element expression of language which commits an act in the world and makes it so (authority: christen this baby,

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Expressive / emotive function: expression of the speaker's/writer's attitude or feelings towards objects and phenomena (a) emotive, e.g. expression of feeling, b) evaluative, e.g. a political commentary)Informative / referential function: concerned about any topic of knowledge (e.g. telling someone about a road accident)

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Newmark (2)

Vocative / conative / appellative function: appealing to the reader's experience , feelings, sensitivity, knowledge, in order to induce him to react in a specific way / calling upon the reader to act (e.g. using persuasion, illustration, orders, instruction , advertising..)

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Newmark (3)

Aesthetic / poetic function: used to please the senses (e.g. rhyme, metre, intonation, sound, metaphors ( which could also be expressive)

Phatic function: establishing, maintaining or finishing contact (e.g. salutations, small talk, taking leave in spoken language) ( expressions such as 'of course',' naturally', 'it is important to note that', letter opening and ending

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Word meaningWhat is a word and what constitutes lexical meaning?Working definition word: orthographic unit with space on either sideMeaning: can also be conveyed by units smaller than words (= morphemes)

Examples for meaning conveyed through morphemes: word wordswork workedhappy unhappywork workable

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4 types / aspects of lexical meaning

1. Propositional meaning2. Expressive meaning3. Presupposed meaning4. Evoked meaning

help understand how words are used in one languageexplain differences in use across languages

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Propositional meaning

Referential meaning of the wordTruth / false statementsRelated to the external world: shirt ==/ sock

meaning

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Expressive meaning

Attitude, evaluationIllocutionary forceRange of associated meanings

whinge vs complain (same propositional meaning)false friends: same words across languages but usage and expressive meaning different famous

fameuse (femme fameuse woman of ill-repute)

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Range of lexical meanings

words can have both expressive and propositional meaning: whingewords can have only propositional meaning: shirtwords can have only expressive meaning: bloody, simply

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Presupposed meaningDetermined by co-occurrence restrictions

words which may or may not go together in a languagehot weather hot feelings

There are 2 types of restrictions:1. selectional restrictions

depend on propositional meaningwords may go, for example, with animate or inanimate (studious = human; geometrical = inanimate subject)

2. collocational restrictionsarbitrary and language specific combinationsbreak laws, brush teeth, wash floor, drink soup

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Co-occurrence restrictions

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Evoked meaningDetermined (evoked) by dialect- and register-specific usage

Dialect variation:Regional: lift / elevatorTemporal: verily / reallySocial: lounge / sitting room

Register variation:Situation-specificDepends on topic, setting, participants, activityTechnical language, formality vs informality, etc

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Semantic fields and lexical sets

How words are organised in a languageWhich words belong together /occur together

Hierarchical relationshipsGeneral, overarching to specialist

Organisation is different across languagesOne of the main translation problems

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Semantic fields

most languages have fields of distance, size, shape, time, emotion, beliefs, academic subjects, natural phenomena

Subject-specificlanguage used in a specific field such as: speech, plants, vehicles

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L exical setswords used in and associated with specific semantic fieldssemantic fields have sets and sub-sets and sub-sub-sets of lexical sets

the words get more specific semantic field: language; Example:set: speechsub-set: say, talk; sub-sub-set: mumble, whisper

not all words can be linked to a lexical set works with words whose meaning is mainly propositional but not for primarily expressive words

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Language-specific distribution

sets across languages often organised differently

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Superordinates / hyponymsrelates to hierarchical organisation of words in languagegoes from general, overarching meaning to more specific meanings within one semantic fieldsuperordinate: umbrella term hyponym: more specific term (cf. sub-set above)

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Superordinates / hyponyms (2)

hypnonym will share meaning with superordinate but superordinate will only cover part of

organisation different across languagesidentifying different superordinate / hyponym relationship very helpful for translationmoving up and down sets and sub-sets helpful in translation when lexical gap

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Lexical meaning: translation problemsT L lacks a superordinate

German: LKWfacilitiesvenue

T L lacks a hyponymEnglish: coach / bus German bus

Differences in perspectivebring/take; come/go; arrive/departborrow/lendorder/request

Differences in expressive meaning

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Exercises1. Identify and name the differences in meaning

between the items in the following sets:car, auto, automobile, motor, limousine, limo, banger, jalopycomfortable, comfy, homely, cosy, snugdad, daddy, pa, papa, pop, father, pater, sire, old man

2. Make a list of English verbs from the semantic field of speech; order them in sets/sub-sets- do the same for your other language and compare distribution from Baker:43

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ReferencesBaker, M., In other words (London: Routledge, 1992),

pp. 10-44 and p. 48See also recommendations for further reading in Baker:44

Primary texts:

http://www.hse.gov.uk/workers/responsibilities.htm

http://www.laws.sandwell.gov.uk/ccm/navigation/leisure-and-culture/libraries/our-promise-to-you/

Answers to word meaning task Answers to word meaning task Identify and name the differences in meaning between the items in the following sets: car, auto, automobile, motor, limousine, limo, banger, jalopy comfortable, comfy, homely, cosy, snug dad, daddy, pa, papa, pop, father, pater, sire, old man

Answers based on research in Cobuild Dictionary and personal understanding, usage; Answers do not necessarily cover every single nuance of meaning. Expressive meaning (and evoked meaning) is often subjective. Please note: different propositional meanings are identified below, but the words concerned could then be part of a different semantic field and lexical set. Example: banger as car and banger as sausage Word Propositional

meaning Expressive meaning

Pre-supposed meaning

Evoked meaning

Car a) A motor vehicle with room for small number of passengers

b) separate section of a train

Regional: American usage

auto a) A motor vehicle with room for small number of passengers

Regional: American usage Register: technical (for example auto industry)

b) pre-fix, short for automatic

Selectional restriction: non-animate Collocational restriction:- auto-immune system

Register medical

automobile a) A motor vehicle with room for small number of passengers

Regional: American usage

motor engine go by car informal Temporal and

social: early

Answers to word meaning task

20C and upper class

car Affection cool

Regional: British Social: street language

limousine Large and comfortable car; often driven by a chauffeur

Wealth importance

Saloon (possibly family) car

Register: technical

limo Large and comfortable car; often driven by a chauffeur

informal

banger Old car informal Regional: British

sausage informal Regional: British

jalopy Old car informal Often collocates with

Regional: American

comfortable Making the person/s using it feel relaxed

Selectional restriction: Furniture, clothing, rooms, environment

comfy Making the person/s using it feel relaxed

informal Selectional restriction: Furniture, clothing, rooms, environment

Regional: British Social: working class

homely comfortable positive Selectional restriction: Rooms, houses

Regional: British

Plain, not attractive

negative Selectional restriction: person (according to Cobuil; I have only come across used with women)

Answers to word meaning task Character:

enjoys being at home and having a family

Selectional restriction: women

Regional British (I have never encountered this usage)

cosy comfortable Familiar Selectional restriction: rooms, buildings, environment, atmosphere

snug Warm and comfortable

Selectional restriction: people

Not loose, just right

Selectional restriction: Snug fit

Little room, alcove, den

Nice, safe Selectional restriction: rooms

Regional: American

father Male parent Selectional restriction: Male human

Make a woman pregnant

Selectional restriction: Male human

Be the originator of idea or invention

Metaphorical usage


Religious title; (Christian) God if capitalised

Selectional restriction: Male human; (Christian) divine if capitalised

dad Male parent Familiar, childish, emotional ties


daddy Male parent Used by very small child


Used by woman


Social: upper middle class, upper class

pa Male parent informal Selectional restriction: Male human

Regional/Social: British upper middle class, upper class;


American general usage

papa Male parent A bit snooty or precious Could be ironic


Temporal: old-fashioned Social: upper middle class, upper class

pop Male parent informal Selectional restriction: Male human

Regional: American

Modern music Selectional restriction: music

Fizzy drink; non-alcoholic

informal Selectional restriction: drink

Regional: according to dictionary British; (I have only ever come across it in American usage)

Bulging eyes Surprise informal

Selectional restriction: Anatomy human, animal

Ears (un/blocking with change of air pressure)

Selectional restriction: Anatomy human

Short sharp sound

May be informal not technical

sound

Put something quickly

informal human Regional: British

Go somewhere quickly, be somewhere for a short duration

informal human Regional: british

pater Male parent Educated (Latin derivation); probably ironic, possibly snobbish

Male human Social: upper middle class, upper class Temporal: old-fashioned

sire Male parent Marked usage expressive

meaning depends on

Male human Temporal: old-fashioned, archaic


context; very unusual

Person in charge, a superior; can also be used as mode of address

Literary, feudal

Male human Temporal: archaic

Make pregnant technical Animals, esp. horses

Register: horse breeding; horse racing

old man Male parent Informal; may be affectionate or derogatory

Male human

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Terminology research

2

What is terminology?

Study of specialised words (or phrases) in specific domains of usage

organisationEssential means of expression and communication

3

Specifics of terminology

Concept is the main focusWritten rather than spokenNaming a specific rather than a similar conceptInclude descriptive definitionsTerms should be unambiguous with only one designation,

but different meanings depending on context common law: 1) basic standard law, 2) common law system as opposed to civil law, 3) common law as opposed to equity)

4

The relevance of terminology

Professionals in a field share a subset of specialised vocabulary which they acquire as their knowledge of the field advancesWith increasing knowledge, attempt to systematise in conceptual structures

of knowledgeConcepts grouped together in sets of conceptual fields sharing some characteristics

5

Terminology and translators

Translators are not terminographers:Do not prepare terminologyCarry out searches using existing resourcesBut: may have to find equivalents which are not readily available in dictionaries, term banks etcNecessary to understand basic principles

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Terminology prepared for translation

must address/ include:Contextual informationHow to use the termInformation on the concept

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Characteristics of specialised language

Higher frequency of certain structures and categories:Greek- and Latin-based morphologiesAbbreviations and symbolsNominalisationsTypical sentence structuresPassivisation

8

Impersonalisation and objectivity

First person pluralPresent tenseAbsence of exclamationsAvoidance of unnecessary redundancyFrequent use of impersonal formulaeNoun phrases

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Truncated terms

InitialismsCPR: Civil Procedure Rules

AcronymsCivDiv: Civil Division

Abbreviations stat demand: statutory demand

Short formsPart 36 offer: offer referring to part 36 of CPR

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Analysis / definition of concepts

Set of characteristics which paraphrases a conceptPermits differentiation of the concept from others within a conceptual systemShould not be

Circular (dense: having relatively high density)Negating (true: not false)

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Materials / resources

Reference works for background information

Theoretical, methodological, practical or bibliographical aspectsTerminological works on the same or a related topic, dictionaries, handbooks, textbooks, etcDocument and terminology databases

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Uses of dictionaries

To resolve doubts about the existence of a term in a languageTo know how to use a term grammatically, to know its meaning and its spellingTo know its equivalents in other functional or historical languagesTo find out the name of an objectTo find alternatives to a designationTo find out how many terms have been collected in a specific domain

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Seven types of dictionaries1. General language contain most basic specialised

terms2. Encyclopaedias contain terminology plus

conceptual information3. General science and technology dictionaries with

specialised terminology4. Specialised dictionaries: equivalents, definitions,

explanations, classifications5. Specialised visual dictionaries6. Lexicons and vocabularies (includes thesauri) by

subject matter without definitions7. Terminological databases: most complete & up-to-

date (can be in-house provided by client) 14

Source materials

Written communication in the field Parallel and comparable textsSearch engines

Sources must be assessed for their quality:Representative of subject matterCorrect context (domain and jurisdiction)Up-to-date in designations used by experts and with respect to the topicExplicit

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Terminological research

On-going processSystematic searches

Cover the terms of a special domain or sub-domain

Ad-hoc searchesRestricted to a single term or a small set of terms of a specified subsection

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How to identify a terminological phrase

None of the parts of the phrase can be modified

Frequency of use in subject fieldMeaning of the whole cannot be deduced from

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Terminological recordMay include all or some of the following fieldsFields are designed by user

1. The entry2. The reference of the term3. The grammatical category of the term4. The subject area to which it belongs5. The definition 6. The context7. Equivalents in other language8. Cross-references9. Comments

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1. The entry

The termPresented as in a dictionary:

Alphabetical or systematic orderingNouns in singularAdjectives in singular masculineVerbs in infinitiveMulti-word terms: natural order (Pythagorean theorem NOT theorem, Pythagorean)

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2., 3. and 4.

2. Reference of the termDocument from which the term has been extracted

3. Grammatical categoryNoun, plural, verb, adjective, adverb, etc

4. Subject field / domainThe general field / domainThe specific subfield / sub-domainThe specific sub-subfield / sub-subdomain

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5. The definition & 6. Context

5. DefinitionSourced from reliable textbooks, glossaries, databanks, etcIf necessary, drafted using relevant resources

6. Context (co-text)Text from which the term is takeni.e. the immediate textual environment in which the term occurs

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7. Equivalents in other language

Found in dictionaries, encyclopaedias, terminological databases

Dictionaries should contain definitions rather than just word lists

Parallel textsComparable textsIndexes in reference works and standard resourcesElectronic resources, inc. search engines & forumsHuman resources

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Source language te rm Target language te rm

Entry The actual term in use in the SL The chosen TL term remains empty if total conceptual gap

Reference Bibliographical ref erence where found (e ither a ST for ad hoc searches, or for systema tic searches, the sources consulted)

Bibliographical ref erence where found: dictionary, text book , paralle l text

Grammatical category

Noun, verb transitive/intransitive , adjective Noun, verb transitive/intransitive , adjective

Subject area (domain/sub-domain)

The area of law in which the term operates The area of law in which the term operates

Definition Found in re liable source , or drafted on the basis of ref erence books

Found in re liable source , or drafted on the basis of ref erence book s

Reference Bibliographical ref erence where definition found or the sources which were consulted in drafting the definition

Bibliographical ref erence where definition found or the sources which were consulted in drafting the definition

Context (co-text)

The immedia te textual environment in which the term occurs

Only if found in paralle l text ra ther than in standard terminological resource

Comments only if re levant for example , if term is no longer in common usage, or cross-referenc ing of terms, or giving a c losely re la tedterm etc

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Numbe r : 1 Source language te rm Target language te rm

Entry murder meurtre

Reference R. v Sanchez (2008) (CA (Crim Div) [2008] EWCA Crim 2936

N/A


noun Noun, ms (masculine)

Subject area (domain/sub-domain)

Criminal law Criminal law

Definition A crime which is committed where a person of sound mind and discretion unlawfully k ills any reasonable creature

cause grievous bodily harm

Action de tuer volontairement un être humain

Reference Crown Prosecution Service (no date)Homic ide : Murder and manslaughter [Online] Available a t: -http://www.cps.gov.uk/legal/h_to_k/homic ide_murder_and_manslaughter(accessed 11th December 2008)

Le Petit Larousse (100 th ed) (2005)

Context (co-text)

N/A

Comments TL term appears to inc lude the same e lements of act accompanied by mental sta te as SL term. Not c lear f rom dictionary

victim subsequently died.

24

Verification and quality checksauthor (is there one? status? motivation for publication? reputation amongst peers?)presentation (where does the document appear? is it printed elsewhere? what kind of sources are used? links to other websites?)meta-information (reviews available? commentaries or ratings?)accuracy and timeliness (can you cross-check the information/term elsewhere? are there spelling errors etc. in the text? who is the text aimed at? when was it written? was the site recently updated?

however, official translations: you may end up using a term you are not entirely happy with if the official translation is in use and legally binding in the TL

Austermühl, pp. 64-66

19/08/2010

5

25

ResourcesStandard books on contract lawgeneral bilingual dictionaries in both directionsbilingual term banks and CD-roms, glossaries, own databasebilingual dictionaries involving an intermediate languagetranslations made previously of the documentdocumentation on the subject in the target language and cross check if the same relations and concepts are found.comparable and parallel textscontact a specialist in the subject (author or expert)

26

Resources -2 in-house glossary, previous translations or specialist literatureoriginal documents not translations should be consulted to find authentic terminology as used in the language and more importantly in the subject fieldParallel textsComparable textsLegal commentariesTerminology specific to a particular userOfficial translationsLegal websitesInstitutional and government websitesCorporate terminology / websites / publicationsCase Law

27

Internet resourceshttp://www.out-law.com/http://www.bbc.co.uk/consumer/guides_to/employment_statement.shtmlhttp://www.hrmguide.co.uk/hrm/steele/http://www.salesopedia.com/ http://www.berr.gov.uk/ http://www.investni.com/confidentiality.pdfhttp://www.glossarist.com/glossaries/economy-finance/insurance.asphttp://www.biba.org.uk/JargonBuster.aspxhttp://www.iii.org/media/glossary/http://www.wisebuyers.co.uk/motoring/car-insurance/Car-Insurance/10/3/

28

Internet resources - 2

www.statutelaw.gov.ukhttp://research.lawyers.com/glossary/http://eur-lex.europa.eu/en/index.htmhttp://iate.europa.eu/iatediff/SearchByQueryLoad.do;jsessionid=9ea7991930d69754246c3bb3444f8f729251f170e485.e38KbN4MchyMb40SbxyRaxyTbhz0?method=loadhttp://www.leo.org/

29

References

Cabré, Teresa, Terminology; Theory, methods and applications (Amsterdam: John Benjamins, 1998)

Ch. 2, pp.33-8, 40-5, 48Ch. 3, pp.86-7, 95, 104Ch. 4

Austermühl, Frank, Electronic translation tools for translators (Manchester: St. Jerome, 2001)

pp. 52-67

Terminology entry forms explanation of fields and example entry form

1

T erminology entry forms explanation of fields and example T erminology entry form with explanations for fields:

Source language term Target language term Entry The actual term in use in the SL The chosen TL term remains empty if total

conceptual gap Context (co-text) The immediate textual environment in which the term

occurs Only if found in parallel text rather than in standard terminological resource

Reference Bibliographical reference where found (either a ST for ad hoc searches, or for systematic searches, the sources consulted)

Bibliographical reference where found: dictionary, text book, parallel text


Noun, verb transitive/intransitive, adjective Noun, verb transitive/intransitive, adjective

Domain The area of law in which the term operates The area of law in which the term operates Definition Found in reliable source, or drafted on the basis of

reference books Found in reliable source, or drafted on the basis of reference books

Reference Bibliographical reference where def inition found or the sources which were consulted in drafting the definition

Bibliographical reference where def inition found or the sources which were consulted in drafting the definition

Comments only if relevant for example, if term is no longer in common usage, or cross-referencing of terms, or giving a closely related term etc

Entry fields can be completed in either language, (except for the SL and TL term), but we recommend English

Please note: entry forms should be numbered consecutively in the number field

Terminology entry forms explanation of fields and example entry form

2

Example for a completed terminology entry form: Number: 1 Source language term Target language term Entry murder meurtre Context (co-text)

N/A

Reference R. v Sanchez (2008) (CA (Crim Div) [2008] EWCA Crim 2936

N/A


noun Noun, ms (masculine)

Domain Criminal law Criminal law Definition A crime which is committed where a person of sound

mind and discretion unlawfully kills any reasonable creature in being kill or cause grievous bodily harm

Action de tuer volontairement un être humain

Reference Crown Prosecution Service (no date)Homicide: Murder and manslaughter [Online] Available at: - http://www.cps.gov.uk/legal/h_to_k/homicide_murder_and_manslaughter (accessed 11th December 2008)

Le Petit Larousse (100th ed) (2005)

Comments TL term appears to include the same elements of act accompanied by mental state as SL term. Not clear from

French law if the victim subsequently died.

Terminology workshop

1

T erminology wor kshop monolingual entries 1) Research the following terms and complete a terminology entry form for each of them.

breach; witnesseth; force majeur; indemnify from

For your context field, you will need to find a text in which the term occurs. You will need to reference

this text, and you will need to reference the source for your definition. Number: 1 Term Entry breach Context (co-text)

Reference Grammatical category

Domain Definition Reference Comments Number: 2 Term Entry witnesseth Context (co-text)


Domain Definition Reference Comments Number: 3 Term Entry force majeur Context (co-text)


Domain Definition Reference Comments Number: 4 Term Entry Indemnify from Context (co-


2

text) Reference Grammatical category

Domain Definition Reference Comments

2) Read the Long Lease in your theory handbook (following the workshop task) and identify between

3 5 terms. Research these terms and complete a terminology entry form for each of them. The context

field is the sentence in which the term occurs in the Long Lease. In addition to the entry forms, provide

a short rationale / justification on your selection of the terms. Number: 1 Term Entry Context (co-text)


Domain Definition Reference Comments Number: 2 Term Entry Context (co-text)



Reference


3






Domain Definition Reference Comments Rationale/C riter ia for selection of terms:

3) Research the highlighted terms in the text below and complete a terminology entry form for each of

them. As in 1), you will need to find a text in which the term occurs. The text below should NOT be

used for the context field.

PD51B Automatic O rders Pilot Scheme

Amendments are made to extend a pilot that allows some orders to be made automatically without judicial

intervention, to all county courts and the High Court. The pilot will run for one year.


4

Part 55 and PD55 Possession Claims

Pre Action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Ar rears in respect of

Residential Property

Rules are amended to ensure that all occupiers including tenants of any mortgaged property subject to possession

proceedings are notified of the proceedings and hearing date. A new requirement is introduced obliging lenders to

notify local authorities when possession proceedings are commenced. The steps, set out in the Mortgage Pre-

Action Protocol, that a lender should take before starting a possession claim for mortgage arrears are expanded.

The Protocol has also been amended to include a checklist for lenders to complete and file to show compliance

with the Protocol. PD4 is amended as a consequence.

PD57 Probate

Amendments are made to clarify the provisions in relation to removal of an executor before a grant of probate

(section 50 of the Administration of Justice Act 1985).

Part 65 and PD65 Anti-Social Behaviour and Harassment

This part is amended to provide rules to allow for applications for Drink Banning Orders (as set out in the Violent

Crime Reduction Act 2006). Orders including clauses to prohibit the individual from entering premises selling

alcohol, or from premises which supply alcohol to members or guests can be made. Consequential amendments are

made to PD2B and the measures come into force on 31 August 2009.

Part 76 Proceedings under the Prevention of Terrorism Act 2005

The time within which an individual, who is subject to a non-derogation control order, can make representations is

extended. Individuals will have more time to make representations about the directions already given by the court

and any further directions made.

Amendments are made to allow an application for anonymity of individuals subject to control orders when permission for an order is sought by the Secretary of State. Number: 1 Term Entry Context (co-text)




Domain Definition Reference


5

Comments


6

Number: 3 Term Entry Context (co-text)






Domain Definition Reference Comments

Terminology workshop text: Long Lease

DATED 31ST OCTOBER 2002

THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF HARDWICK (1)

-and-

LOCATION OCS LIMITED (2)

-and-

JANE ELSPETH BRANDON (3)

LEASE OF PART

Property: Plot No. 137 Centurion Place Harper Street

Hardwick

H M L A ND R E G IST R Y L A ND R E GIST R A T I O N A C TS 1925 T O 1986

L E ASE O F PA R T

Administrative District: Greater London: Borough of Hardwick Title Number: YLA218519 Property: Land at Harper Street Estate Plot: Plot No137 Centurion Place Harper Street Hardwic Postal address: 12 Felicity Court 309 Quagmire Road Hardwick London H8 1AB PA R T I C U L A RS Date of Lease: 31st October 2002 The Lessor: THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF HARDWICK of Town Hall Hardwick London H8 The Developer: LLEWELLYN HOMES LIMITED of Leek House The Manager: LOCATION OCS LIMITED whose registered


office is situate at Overseas House 1 Anaconda Drive Charleville CA21 0HB The Lessee: JANE ELSPETH BRANDON of 52 Market Road Hardwick London H8 1YX The Estate: The land described in the First Schedule hereto known for development purposes as Centurion Place Harper Street Hardwick The Demised Premises: The third floor Dwelling known as Plot 137 more particularly described in the Third Schedule hereto The Rent: ONE HUNDRED AND FIFTY POUNDS (£150) per annum ( subject to review) The Term: 125 years from the Commencement Date The Premium: One Hundred and Eighty Five Thousand Pounds (£185,000) T H IS L E ASE is made BETWEEN (1) the Lessor (2) the Developer (3) the Manager and (4) the Lessee W H E R E AS:-

(1) The Lessor with the Developer has previously granted leases of or intends hereafter to grant leases of the Dwellings as hereinafter defined each as separate and distinct properties and the Lessor has in every such lease imposed and intends in every future lease to impose the obligations set out in the Eight Schedule hereto

(2) The Lessor with the Developer has agreed to grant the Lessee a Lease of the premises

hereby demised for the Premium at the Rent and on the terms and conditions hereinafter

N O W T H IS D E E D WI T N ESSE T H as follows:- IN T E RPR E T A T I O N In this Deed (including the Preamble and Recitals) unless the context otherwise requires:-

means the Building containing the Demised Premises and the garden grounds ( if any) within the cartilage thereof

means the Buildings comprising several flats and all structural parts thereof including the roofs gutters rainwater pipes foundations floors all walls bounding individual Dwellings therein


and all external parts of the Building and all Conduits not used solely for the purpose of an individual Dwelling and the expression Building has a corresponding meaning

means the flats served by the Communal Areas and Facilities including where the context permits the Demised Premises and a Dwelling means any of them

des the person for the time being entitled to the reversion immediately expectant upon the Term hereinafter defined

includes the person for the time being entitled to the Term hereby granted and where the Lessee is more than one person all covenants and agreements on the part of the Lessee herein contained shall be deemed to have been made jointly and severally by all such persons constituting the Lessee

D E M ISE

2. IN consideration of the Premium now paid by the Lessee to the Developer at the direction of the Lessor ( the receipt whereof is hereby acknowledged) and of the Rent hereinafter reserved and contained THE LESSOR at the request and by the direction of the Developer with Full Title Guarantee HEREBY DEMISES AND CONFIRMS unto the Lessee ALL AND SINGULAR the Demised Premises TOGETHER WITH the rights set out in the Fourth Schedule hereto to the exclusion of any implied rights pursuant to

covenants hereinafter contained TO HOLD the same unto the Lessee for the Term calculated from the Commencement Date SUBJECT TO the burden of the covenants or agreements already entered into by the Lessor and the Manager with the lessee of any of the Dwellings for the observance of the Estate Regulations and to all rights and easements appertaining to any other property adjoining the Estate and SUBJECT TO all covenants stipulations and other matters hereinafter contained or referred to in the Charges Register of the Title above referred to so far as the same relate to or affect the Demised Premises and SUBJECT ALSO TO the rights set out in the Fifth Schedule

are hereby excepted and reserved from this demise) YIELDING AND PAYING THEREFOR during the Term to the Developer at the direction of the Lessor the Rent or such greater rent as shall be determined following the review thereof as hereinafter provided which shall in any event be paid for the first Twenty-One years thereof by equal half yearly payments in advance on the First day of March and the First day of September in each year the first of each such payments being a proportionate payment to be made on the execution hereof and AND ALSO paying on demand by way of further or additional rent the Lesshereto

THE LESSEE for the mutual protection of the Lessor and the Manager and of the lessees of the Dwellings HEREBY COVENANTS:-


1. With the Lessor to observe and perform the obligations on the part of the Lessee set out

in Parts One and Two of the Eighth Schedule hereto and to observe and perform all covenants and stipulations contained or referred to in the Charges Register (if any) of the Title above referred to so far as the same related to or affect the Demised premises and to indemnify the Lessor against all actions proceedings costs claims and demands in respect of any breach non-observance or non performance thereof

2. With the Manager to observe and perform the obligations on the part of the Lessee set out in Parts One and Two of the Eighth Schedule hereto

THE LESSOR relying on the covenants on the part of the Lessee herein contained HEREBY COVENANTS with the Lessee to observe and perform the obligations on the part of the Lessor set out in the Ninth Schedule

A G R E E M E NTS A ND D E C L A R A T I O NS IT IS HEREBY AGREED AND DECLARED as follows: -

1) That if any Rent hereby reserved or any part thereof shall be unpaid for thirty days next after the same shall have become due (whether the same shall have been lawfully demanded or not) or if any covenant by the Lessee or condition hereby contained shall not be observed or performed by the Lessee then and in any such case it shall be lawful for the Lessor or any person or persons authorised by it in that behalf or the Manager at any time thereafter to re-enter the Demised Premises or any part thereof in the name of the whole and thereupon this demise shall absolutely determine but without prejudice to the right of action of the Lessor in respect of any antecedent breach or non-observance by the Lessee of the covenants or conditions herein contained PROVIDED ALWAYS that the notice of contemplation of re-entry shall first be served on any mortgagee with an interest in the Demised Premises in respect of which details have been previously provided to the Lessor or the Manager and no re-entry shall be effected until the expiry of 28 days after the service of any such notice

2) That all rights and obligations of the Lessor and Lessee respectively under this Lease shall be incidental to and devolve with the legal reversion immediately expectant on the Term and with the leasehold interest hereby created and shall accordingly be enjoyed by the persons in whom such reversion and leasehold interest respectively shall for the time being be vested

R EST RI C T I O N

9. THE Lessor and the Lessee hereby apply to the Registrar for entry on the Register of the following Restriction on the Title to the Demised Premises :-

Except under an order of the Registrar no transfer or other dealing of the

land in this title) except a charge dated contemporaneously with a transfer) by either the proprietor(s) of the land or any chargee under its power of sale is to be registered unless a


certificate is given by either the Solicitor or Secretary of Location OCS Limited that notice of such transfer or other dealing has been given to the said Location

C E R T I F I C A T E O F V A L U E

10. IT IS HEREBY CERTIFIED that the transaction hereby affected does not form part of a larger transaction or of a series of transactions in respect of which the amount or value or the aggregate amount or value of the consideration exceeds the Declared Value

T H E F IRST SC H E DU L E

(The Estate)

1. ALL THAT piece of land situate and known for development purposes as Centurion Place being part of the Harper Street Estate Hardwick now or formerly comprised in Title Number YLA218519 TOGETHER WITH any adjoining land which may be added thereto within the Perpetuity Period and together with any buildings or structures erected or to be erected thereon or on some part thereof

T H E T H IRD SC H E DUL E

(The Demised Premises)

A L L T H A T the flat shown edged red on the Plan being part of the Block TOGETHER WITH ( for the purpose of obligation as well as grant)

1. the doors and windows thereof but not the external decorative surfaces thereof (which for the avoidance of any doubt shall be part of the Maintained Property)

2. the interior faces of the ceilings up to the underside of the joists slabs or beams to which the same are affixed

3. the floors down to the upper side of the joists slabs or beams supporting the same 4. the plaster face of all external or structural wallk 5. that half facing into the Demised premises of the non-structural wall(s) (severed

medially) which divide the Demised premises from the adjoining Dwellings or from the Internal Common Areas TOGETHER WITH THE Conduits used solely for the purpose of the Demised Premises

EXCEPTING AND RESERVING from the demise the main structural parts of the Block including the roof foundations and the external decorative parts thereof

Terminology workshop task: Examples completed entry forms

Terminology workshop: task 1 Examples for completed entry forms

Number: 1 Term Entry Breach Context (co-text) shall become generally available to the public other than as a result

of a Reference Bi-lateral confidentiality agreement (E. Mustermann & Wonderful

Company AG, assignment 2, 2008, l. 50) Grammatical category

Noun

Domain Contract law Definition Breaking or violating of a law, right, obligation, engagement or duty

either by commission or omission. Exists when one party to contract fails to carry out term, promise or condition of the contract.

Reference Publishing Co., p. 188

Comments Legal concepts of breach of contract differ considerably in English common law and German civil law. Aspects of blame are not taken into account in common law. Depending on significance of term breached: damages or rescission. Defences studied and analyzed by German lawyers, remedies depend on kind of breach. Alternatives: Vertragsbruch , Pflichtverletzung

Number: 2 Term Entry Witnesseth Context (co-text)

Witnesseth: that whereas first and second parties have certain litigations pending in the Mercer Circuit Court... it is agreed between all of the parties that all said suits are to be dismissed.

Reference Oxford Dictionary of Law,(2006), Oxford, OUP. Garner, B.A., A Dictionary of Modern Legal Usage, (1995), Oxford, OUP, p. 938.


verb

Domain Contract Law Definition The witnessing part (testatum) of a deed constitutes the opening

words of the operative part. Witnesseth is commonly used at the outset of contracts and affidavits

Reference Oxford Dictionary of Law,(2006), Oxford, OUP. Garner, B.A., A Dictionary of Modern Legal Usage, (1995),Oxford, OUP

Comments Expression used to introduce preamble of an English contract. Expression unfamiliar and not used in German legal drafting. Deeds sometimes introduced by the expression: Die Erschienenen baten um


Formularbuch, Bürgerliches, Handels- und Wirtschaftsrecht, (2006), München, C.H. Beck, p. 200)

Number: 3 Term Entry Force majeur Context (co-text) explosion, flood, lightning, Act of God, act of terrorism, war,

rebellion, riot, sabotage, or official strike or similar official labour dispute or events or circumstances outside the reasonable control of the party affected thereby.

Reference Christou, R., Drafting Commercial Agreements, (2004) London, Sweet & Maxwell, p. 139


Compound noun

Domain Contract Law, Sale of Goods Definition Irresistible compulsion or coercion. The phrase is used particularly

in commercial contracts to describe events possibly affecting the

events are normally listed in full to ensure their enforceability. They may include acts of God, fires, failure of suppliers or subcontractors to supply the supplier under the agreement, and

performance of an agreement. An express clause would normally excuse both delay and a total failure to perform the agreement.

Reference Oxford Dictionary of Law, (2006), Oxford, OUP Comments Act of God: Höhere Gewalt durch Naturereignisse

Number: 4 Term Entry To indemnify from ( action, loss, claims, liabilities) Context (co-text)

You shall indemnify us from all actions, costs, claims, demands, expenses

Reference Christou, R., Drafting Commercial Agreements, (2004) London, Sweet & Maxwell, p. 145


Verb

Domain Contract Law, Sale of Goods Definition to secure against hurt, loss, or damage 2 : to make compensation

to for incurred hurt, loss, or damage Reference www.merriam-webster.com Comments

Number: 5 Term Entry In consideration of


Context (co-text)

The customer hereby requests the Company to provide (in consideration of the payment by the Customer to the Company of the

Reference Christou, R., Drafting Commercial Agreements,(2004), Sweet &

Maxwell , p.178 Grammatical category

Noun phrase

Domain Contract Law Definition The law uses consideration in a technical sense generally unknown to

non- e by which one party to

promise is not binding unless it is supported by consideration. Reference Garner, B.A., A Dictionary of Modern Legal Usage, (1995),Oxford,

OUP Comments The doctrine of consideration does not exist in German civil law!

Module 2

T ranslation situations: skopos, br ief and method ppt lecture notes

Reading: Munday, J (2001) Introducing translation studies, Theories and applications. New York: Routledge, chapter 5 Newmark, P (1988) A Textbook of Translation. Hemel Hempstead: Prentice Hall International, pp. 39 44 Nord, K (1999) Translating as a purposeful activity. Manchester: St Jerome, pp. 27 38 T ranslation procedures

ppt lecture notes overview word level translation problems Baker and Newmark example componential analysis worksheet: translation problems and procedures

Reading: Baker, M., (1992) In other words: A coursebook on translation. London: Routledge. Molina, L. and Hurtado Albir, A. (2002) Translation Techniques Revisited: A Dynamic and Functionalist Approach. Meta: Translators' Journal, 47(498), 512. http://www.erudit.org/revue/meta/2002/v47/n4/008033ar.pdf Newmark, P., 2003. (1988) A Textbook of Translation. Hemel Hempstead: Prentice Hall International Vinay, J. and Darbelnet, J. (1995) Comparative stylistics of French and English: A methodology for translation. Amsterdam: John Benjamins.

A nnotations

ppt lecture notes example: research and annotation example: using the metalanguage in annotations example annotations practical exercise

1

Translation situations: skopos and translation method

2

Translational action model

Agents / roles in translation process:InitiatorcommissionerST producerTT producerTT userTT receiver

Produce a TT which is functionally communicative for TT receiverBUT: Form, genre and terminology of TT do not necessarily adapt to TC conventions

3

Agents / roles in translation processInitiator

Needs the translation(end) Client

CommissionerContacts the translator Agency / end client

ST producerClientThird party: other side; drafter of legislature; author; lawyer

TT producerTranslator (may be supported by reviser / proofreader / subject expert)

TT user / receiver

etc4

Stages in the translation process

1. Analysis of the brief2. Source text analysis _________________________________3. Transfer_________________________________4. Restructuring 5. Revision and proof-reading

5

Analysis of the brief

Establishing the purpose of the translationWho commissioned it For which readership What is their knowledge Determines choice of translation method (source text or target reader oriented)Determines choice of translation procedures

6

Choice of translation methodLinks between pre-translation analysis and transfer properInitial decision: What kind of TT am I going to produce?

Is the translation going to be source text oriented or target text oriented?Are you translating an original or are you producing an original?

Translations may be situated on a cline between these two extremes

Based on the brief

2

7

No brief?The source-text producerThe source of publication Intention of the SLT writerThe function of the text The register of the SLTThe reader of the SLT The jurisdictionThe domain

8

Source text analysisReading & understanding of the source text 1. What is the purpose of the translation?2. What do you know about the translation?3. What can you find out about the source text?4. How do you deal with ambiguities in the

source text?Results influence decisions and choices made during transfer

9

Translation situationsIn what sort of situations might you need to translate contracts, and what needs to be borne in mind?

10

Situation 1

Your client is opening a franchise in another country. They want to use the same contract they already have. They ask you to translate this document.Purpose?Method: translating or producing an original?

11

Situation 1

Purpose: provide the client with a document which will act as a contract in the TLCan be a translated contract on the basis of which a foreign lawyer produces an enforceable contractCan be a contract which will be binding once signedAim: producing an original

12

Situation 1: translation choicesClarification with client Disambiguation possibleTT may be improvement on ST (with approval of client)Accurate

TL terminology may be used if appropriate and approved by clientIdiomatic and naturalised TT

3

13

Situation 2

English contract translated into German which is the binding contractClient sues over holiday entitlement (are religious holidays subsumed into public holidays or are they additional?)The relevant court is English the German contract needs to be translated into English Purpose?Original or translation?

14

Situation 2

Purpose: provide the client with a document which will render the exact propositional meaningWill function for the lawyers of either side as a basis for the argument

translationAim: producing an accurate translation which is not necessarily idiomatic or naturalised

15

Situation 2: translation choicesNo clarification with client No disambiguation possibleTT must not improve on ST Absolute accuracy to the point of reproducing any errors, ambiguities, inconsistenciesTL terminology may only be used if it is an exact match otherwise must be paraphrasedIdiomatic and natural language use only secondary importance

16

Situation 3

Your client is about to sign a contract with a foreign business partner. The contract is in the foreign language, which your client does not speak. They ask you to translate the document.Purpose?Method: translating or producing an original?

17

Situation 3Purpose: provide the client with a document which is for information and make the client aware of potential problemsTranslation will not act as an original

must be accurateAim: producing an accurate translation which highlights potential problems Translation solutions might include descriptive equivalents (i.e explanation of the concept)

18

Situation 3: translation choices No clarification with client but clarification FOR clientAmbiguities should be flagged in an annotationTT must not improve on ST Accurate translation which highlights errors, ambiguities, inconsistenciesTL terminology may be used TL may also be used as a comparison but should flag differences in meaning

4

19

Situation 4

Your client has entered into a contract, which they believe has been breached by the other party. They want to take the matter to court, but need a translation of the contract to do so.Purpose?Aim?

20

Situation 4

Purpose: provide the client with a document which is for information and make the client aware of potential problemsTranslation will not act as an original

Translation will form basis for legal advice Aim: producing an accurate translation Translation needs to provide all layers of meaning

21

Situation 5Your client wants to translate their standard contract into another language. They also ask you to ensure that it will be enforceable in the target language.Purpose: produce an original text which reproduces all the legal intent of the ST in legally valid and binding form for the target jurisdictionRefuse commission unless you are working with a lawyer

22

Situation 6You are asked to translate a textbook on contract law. As part of this, there are numerous examples of contracts.Contracts perform a different function: they illustrate the contract law of another jurisdiction may be in SL with a gloss translationMain translation task: render the foreign terminology, concepts, differences when they are discussed, explained in the text of the book translation couplet (original term + gloss)

23

And now for something

You are translating the script for a courtroom drama. The plot hinges on several passages in a contract.Different function and purpose:

Entertain, needs to work to support the dramatic impetus, needs to sound convincing, accuracy irrelevant; Entirely oriented towards / adapted to the target audience and target culture

24

Accuracy

5

25

Ambiguity in the ST

the use of confidential material is inadmissible because it is expressly excluded under the terms of this contract.

use material

it

26

Disambiguation

1) The use of confidential material is inadmissible because the terms of this contract expressly exclude any such use

2) The use of confidential material is inadmissible because any confidential material is expressly excluded under the terms of this contract

27

Annotation

19/08/2010

1

Translation procedures

2

Translation procedures

Applied to individual translation problems

Often more than one procedure available for one problemDecision based on chosen translation method

What kind of text, what kind of translation

3

Translation problems and procedures

Widely used classification:

at word / above word level: terminology; collocations; idioms and figurative language; non-standard usage

at sentence level: syntax; grammatical constructions; punctuation (this can be also at text level);

at text level: cohesion; coherence; style; register (n.b. register is commonly used to denote the relationship between the writer and the reader style relates to the particular style of the text in question)

4

Word level problems & proceduresT L lacks a superordinate (hyperonym)

Translate with more specific word

5

Word level problems 2

T L lacks a hyponymTranslate with a more general word

6

Word level problems - 3

Differences in expressive meaning

compensate by paraphrasing the loss / gainDifferences in evoked meaning

Regional: AE, BE, etc ‒ dual carriageway vs divided highway‒ flyover vs overpass

Temporal‒ plaintiff - claimant

19/08/2010

2

7

Modulation

Differences in expressive meaningDifference in conventions euphemisms

Informal language, slangShift in perspective

SL positive TL negative Translate with antonyn which is the idiomatic form: (Eng).

8

Cultural problems - Transference

Straight transfer of a SL word into TT >> loan wordAlso known as borrowing or loan wordCan be written in TL script (transliterated) or can be kept in SL scriptExample: a German high-school leaving

retains the word Abitur.

9

What do we transfer?

Names of living and most dead people (unless recognised translation exists)Geographical and topographical namesNames of newspapers and periodicalsTitles of untranslated worksNames of private companies and institutionsNames of public and nationalised institutionsStreet names, addresses, etc

10

Transfer + neutral term

Transferred words or terms only used on their own if target reader will understand Usually accompanied by an explanation, or gloss of the meaningGloss/explanation often only given on first occurrence

11

Examples for transfer + culturally neutral third terms

The Goethe Institut, the German cultural instituteThe eighteenth century land-owner Sir Robert WalpoleSoho, the slightly disreputable entertainment district in the heart of LondonThe German equivalent of A-levels, the Abitur

12

Legal examples

ASBO (Anti Social Behaviour Order)Procedure:

Translation couplet: transferred term + explanationASBO, Verfügung gegen antisoziales Verhalten (back translation: order against antisocial behaviour)

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Equivalents as translation procedures

1. Descriptive equivalentGmbH a German company with limited liabilityTribunal paritaire des baux ruraux agricultural land tribunal

2. Cultural equivalent / substitutionGmbH Ltd.Very problematicCultural substitutions are only approximateFuzzy match

14

Translation couplet

Using two translation procedures together

Most frequently: Transfer + culturally neutral third termCultural equivalent + culturally neutral third term

15

Through-translation / calqueLiteral or word for word translation

court of appealNames of organisations

Example : European Union Europäische Union

Acronyms and abbreviationsExample European Union = EU - UE

16

Componential analysis

Identifies characteristics of SL & TL term Compares characteristics (table)Identifies

Shared conceptual range (overlap)Typical characteristics not shared

One procedure: translation couplet (TL term + descriptive equivalent)

17

Example: conkers - KastanienEngland

Autumn6 12?Mainly boysAim: defeat opponentCompetitive and destructive

Germany

Autumn4 10?Both boys and girlsAim: create little creaturesCooperative and constructive

18

Legal example: Mord - murderA person dies as a result of the unlawful act of anotherThat act was intentional (i.e. not an accident or similar), and done with the intention to cause death or GBH (i.e. not a harmless prank gone wrong)

A person dies as a result of the unlawful act of another Death is caused intentionally with malice or as a result of ulterior motives

(If without malice Totschlag)

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Summary

While both English and German have different terms for homicide, (murder & manslaughter in

elements are different and overlap only partly. Thus, where the elements for murder have been met in English, this would not necessarily translate

20

ExplicitationSpells out the implicit meanings contained in the SL linguistic itemShould be used with cautionDo not use to explain cultural background knowledge (in legal translation)Can be used to render full range of meanings of a termBUT: link to contextual informationBargeldlos: non-cash payment cheque, transfer, money order

21

Notes, additions, glosses

Information provided by the translator to ensure that the TTR will understand culturally or otherwise specific informationGiving explicit information for information contained implicitly in the STOnly in translation for information

22

Reduction, expansion

Shifts that are necessary to accomplish

necessity to add or lose lexical features of the ST without affecting the ST meaningThis cannot be avoided. Most translations are not word for word Translations must ACCOUNT for every ST word

23

Compensation

Loss of meaning, sound-effect, metaphor, cultural associations, pragmatic effect in one part of the sentence, paragraph made up in another part of the text (added in at a later, or sometimes earlier stage)Normally not appropriate for legal translation

24

Paraphrase

Amplification or explanation of the meaning of a segment of textGoes beyond compensationOnly used when absolutely necessary, or when the ST is poorly written

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Back translation

Used for translation examples in foreign language (in coursework)Illustrate the meaning of individual lexical itemsNot idiomatic language useExample: bargeldlos non-cash payment

26

ReferencesBAKER, M., 1992. In other words: A coursebook on translation. London: Routledge. MOLINA, L. and HURTADO ALBIR, A., 2002. Translation Techniques Revisited: A Dynamic and Functionalist Approach. Meta: Translators' Journal, 47(498), 512. http://www.erudit.org/revue/meta/2002/v47/n4/008033ar.pdfNEWMARK, P., 2003. A Textbook of Translation. Harlow: Pearson Education Limited. VINAY, J.-., 1995. Comparative stylistics of French and English: A methodology for translation. Amsterdam: John Benjamins.

Overview word level problems: Baker and Newmark

Comparison translation problems at word level: Baker Newmark T ranslation procedures

ch. 2 Chs. 6, 7, 8, 9 culture specific Ch. 9 Transference, cult. / descriptive equivalent, cultural

substitution lexical gap p.78-80 Synonymy, paraphrase, omission, illustration, paraphrase with

related/unrelated word complex meanings Constraints on literal trsln., p.75 Reduction, expansion, more neutral different distinctions in meaning Paraphrase w/related/unrelated word TL no superordinate Referential synonyms, p.58 More specific word

necessary) TL no hyponym Referential synonyms, p. 58 More general word

necessary) Differences in perspective Modulation, p. 88 Modulation, Diff. in expressive meaning Componential analysis Diff. in form (prefixes/suffixes/affixes) Transposition or shift Diff. in frequency or purpose Constraints on literal trsln. Paraphrase w/related word / synonym Loan words in ST Ch. 13 & p.72 (false friends) Naturalisation

Example: Componential analysis of legal term

Componential analysis English Law German Law Murder A person dies as a result of

the unlawful act of another (Actus reus)

That act was intentional (Mens Rea). (i.e. not an accident or similar),

and done with the intention to cause death or GBH (i.e. not a harmless prank gone wrong)

Mord A person dies as a result of the

unlawful act of another Death is caused intentionally with

malice or as a result of ulterior motives

Totschlag A person dies as a result of the act of

another Death may have been caused

intentionally, but without malice and aforethought

While both English and German have different terms for homicide, (murder & manslaughter in English and Mord & Totschlag in German), the elements are different and overlap only partly. Thus, where the elements for murder have been met

Worksheet: Translation problems at word level

Use the workshop text from the terminology workshop (Long lease) in the previous module in this handbook or any of your example or workshop texts in this module. A - Find examples for as many of the following as possible:

1. TL does not have a superordinate 2. TL does not have a hyponym 3. Lexical gap in the TL 4. Temporal (archaic vs contemporary usage) 5. Different collocation or co-occurrence (for example, usage with animate/inanimate

noun). B - What translation procedure can you use to solve the problems identified for task 1- 5 above? C - These are the typical translation problems which Alcaraz & Hughes (p.154) list for legal translation:

1. Methodological problems in the translation of specialist vocabulary 2. Common collocations in legal English 3. Frequent semantic fields in legal English 4. The temptations of paronymy1: false cognates and unconscious calques 5. Problems with the translation of syntagms (string of linked words in a

sentence) 6. Simple and complex syntax and the use of double conjunctions 7. Thematization 8. Textual coherence and lexical repetition in the language of legal English

Which of these are word level problems? How would you describe them using the terminology you were introduced to today?

D Find an example for a false friend or an apparent cultural equivalent and carry out a componential analysis to identify the matching and non-matching meanings between English and your other language. What translation procedure will you use and why?

1 Related words (often across languages) which share the same root but may have different meanings.

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Annotations

3 kinds of annotations

1. For the clientEither:

a comment on a problem with the source textA comment on the translation solutionNot part of finished documentPart of the process

Or:Part of the finished documentAimed at the reader additional information

2. Reflective annotations

Reflection on translation Part of process of trainingMakes translation process transparent

Identification of problemResearchProceduresChoice and evaluation of translation solution

Evaluation difficult for annotations in module 2 (word limit)

2 types of reflective annotations1. Longer annotations (dissertation: annotated

translation)More detailed and in-depthDocument the research process and outcomesWill be addressed in later methodology sessions

2. Short annotations (assignments modules 2-8)Document the steps and outcome of researchVery tight word limitMust be very concise and precise

Need translation terminology and metalanguage

Annotations when?

Focus on genuine translation problems

i.e. the problems encountered in retaining form and content of the Source Text while still ensuring comprehension without crossing over into providing legal advice

Research / Steps

Pre-translation analysis of source textComprehensionSee separate checklist

Identify potential translation problems

Must pose a real problem for translation, rather than just demonstrating a particular procedure

Consider / evaluate possible translation proceduresIdentify translation solution and evaluate

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Recap: Translation problems

Can be word level, above word level, text level

Identified in module 1Assignment 1 focussed on linguistic and jurisdictional (cultural) problems

Text level problems (macrostructure, cohesion, coherence, register)

Will address in later modulesFor assignments in this module focus on terminological problems

Terminology research & annotations

Closely linkedTerminology research and creation of entry forms

Identifies the problem Documents the research

solution in conceptual gaps and fuzzy matchesYou may use terms discussed in your annotations in assignment 3: section a), terminology research

Metalanguage: talking about translation

Translation methodThe basic translation strategy chosen by the translatorCan be either source text or target reader orientedFor legal translation: source text orientedMost useful definition: faithful translation (Newmark)

Literal and faithful translationLiteral translation method

Grammar correctWords translated out of context not natural

Faithful translation methodFocus on meaning in context

Loyal to intentionDoes not naturalise (or domesticate)Does not use cultural adaptation Source text echo or shadow in target text

Recap: Translation procedures

TransferenceSL item used in target text

On first occurrence, used in conjunction with a descriptive equivalent

On subsequent usage, may be used on its own

Recap: Descriptive equivalent

A source language concept is rendered with a (culture-free) description

What does the term refer to, what is it?

Typical characteristics

explanation (= danger of providing legal advice) note (= extratextual comment not integrated into text)

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Conceptual match vs conceptual gap

Conceptual matchA concept, term exists in the target system which matches the SL term in its conceptual range

This is not a translation problemConceptual gap

Concept does not exist in the target system

Conceptual gap vs conceptual fuzzy match

Cline between absolute match and absolute gapAbsolute conceptual gap

concept does not existtranslation procedure: descriptive equivalent

Fuzzy matchPartial overlap between SL and TL conceptSome features the same, some differentProcedure: componential analysis

Componential analysis

Identifies characteristics of SL & TL term Compares characteristics (table)Identifies

Shared conceptual range (overlap)Typical characteristics not shared

equivalentOne procedure: translation couplet (TL

term + descriptive equivalent)

Example componential analysis

While both English and German have different terms for homicide, (murder &

different and overlap only partly. Thus, where the elements for murder have been met in English, this would not necessarily

English Law

Murder

German Law

Mord / Totschlag

A person dies as a result of the unlawful act of another (Actus reus)

That act was intentional (Mens Rea). (i.e. not an accident or similar),

and done with the intention to cause death or GBH (i.e. not a harmless prank gone wrong)

MordA person dies as a result of the

unlawful act of another Death is caused intentionally with

malice or as a result of ulterior motives

TotschlagA person dies as a result of the act

of another Death may have been caused

intentionally, but without malice and aforethought

Example for research into translation problemLimited Company

Limited Company refers to a very specific legal concept with clear implications. In the UK it relates to a certain type of legal person whose liability is limited by its Articles of Association in accordance with the relevant statutory provisions. Concepts may be different in different

different jurisdictions (Gesellschaft mit beschränkter Haftung- GmbH, société àresponsabilité limitée- SARL,

the implications of the limitation may be very different. In German law, section 5 of the

(The share capital of the company must be at least EURO 25,000). Under English law there

be entitled to assume that the company has a share capital of at least 25,000- which might induce them into entering into an agreement with a company that sounds more financially

secure than it actually is.

that a translation thereof would be incorrect. One way of dealing with the difficulties posed by the concept of a limited company would be

to transfer the original term accompanied by a descriptive equivalent. If a comparable concept exists in the TL culture, then that may be usefully employed; for example, one might

a on the liability of the company, but transferring the original term flags up the fact that the

reference is to an alien legal system and that therefore the legal consequences and requirements may differ.

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Annotation

GmbH, [ST: 36]Problems:Specific legal concept, particular to German culture/jurisdictionAlthough a similar concept exist in England, the specific details vary

Requirements:Simply transferring the term does not provide sufficient information.

ProcedureTranslation couplet: Transference plus descriptive equivalentSolution: GmbH (a company with limited liability), [TT: 35]

Group work

Group make-up: language-pair specificmix of L1 and L2mix of lawyers and linguists

Think back over terminological work done on the module so farIdentify 1 example for each of: conceptual gaps, fuzzy matches, conceptual matchDiscuss translation procedures and solutions

Example: researching and writing an annotation

Example for research into translation problem Limited Company Limited Company refers to a very specific legal concept with clear implications. In the UK it relates to a certain type of legal person whose liability is limited by its Articles of Association in accordance with the relevant statutory provisions. Concepts may be different in different jurisdictions

jurisdictions (Gesellschaft mit beschränkter Haftung- GmbH, société à responsabilité limitée- SARL, the implications of the limitation may be very different. In German law, section 5 of the German Limited Liability CoDas Stammkapital der Gesellschaft muß mindestens fünfundzwanzigtausend Euro

English law there is no such requirement. The problem arising from this is that

capital of at - which might induce them into entering into an agreement with a company that sounds more financially secure than it actually is.

name, so that a translation thereof would be incorrect. One way of dealing with the difficulties posed by the concept of a limited company would be to transfer the original term accompanied by a descriptive equivalent. If a comparable concept exists in the TL culture, then that may be usefully employed; for

a that there is a certain limitation on the liability of the company, but transferring the original term flags up the fact that the reference is to an alien legal system and that therefore the legal consequences and requirements may differ. Annotation GmbH, [ST: 36] Problems:

Specific legal concept, particular to German culture/jurisdiction Although a similar concept exist in England, the specific details vary GmbH

Requirements:

Only transferring the term does not provide sufficient information The TL reader needs to be made aware of the fact that

concept which is similar, but not identical to Solutions:

Translation couplet: Transference plus descriptive equivalent GmbH (a company with limited liability), [TT: 35]

Example: Using the metalanguage in annotations

T ranslation problems / annotations T ranslation metalanguage The translation into Spanish of the noun 'sentence' (or the verb 'to sentence'). The problem is that the meaning in English is usually 'the judgment formally pronounced upon a person convicted in criminal proceedings, especially the decision as to what punishment is to be imposed' (CED), while the (usually) false friend in Spanish, 'sentencia', has a more general meaning in Spanish and refers simply to 'a decision made by a court', which corresponds more to the legal meaning and use of the term 'judgment' in English. As a result, as nouns, 'sentence' is usually translated as 'condena' or 'pena' and 'judgment' as 'sentencia'. As often happens in translation, however, there are many exceptions to this rule, and sometimes 'sentence' can be correctly translated as 'sentencia' (in those cases where the emphasis is on the 'decision' aspect of the meaning, that is, when it is used roughly as a synonym of 'judgment').

Problem: false friend / non-equivalence at word level (Baker)

is a false friend: its propositional meaning differs from the SL term and matches the propositional meaning (Baker) of the English term

. The meaning of the English term is specific to 'the judgment formally pronounced upon a person convicted in criminal proceedings, especially the decision as to what punishment is to be imposed' (CED). The Spanish term is a superordinate (Baker) with the general meaning 'a decision made by a court'. the specific meaning equivalent to the English source term. Provide reasoning which of the hyponyms is appropriate in the context. Ide (Baker) which matches the conceptual range Give translation solution

non- Problem: Non-equivalence at word level (Baker) The target language has no equivalent term / there is a linguistic gap. The German is a superordinate referring to cash-free payment which can be made either by cheque or by bank transfer without specifying which. The target language has two hyponyms available which specify the form of cash-free payment /credit narrow down the conceptual meaning of the source text. Procedures: 1) explicitation (Delisle): express the full conceptual range of the ST term by providing both TL hyponyms

; 2) consult with client on which propositional meaning (form of payment) the ST refers to and translate, using the hyponym matching the propositional meaning credit transfer ; 3a) paraphrase (Baker) Payment shall be made in non-cash-form. 3b)

(context requires employee to provide bank details)

Example: Using the metalanguage in annotations

Example annotations

French: 1 G ross misconduct(a), [ST: 29] Problem: This expression/concept is specific to UK employment law. It has a broad definition which does not include any precise criteria. There are two similar concepts and associated terms in French employment law

Requirements: A descriptive equivalent would not be an option as the concepts include various criteria not clearly identified by the law (English and French). Procedure: Using the French term for the closest French equivalent concept. Solution: Faute grave, [TT: 30] Spanish 1. GROSS MISCONDUCT ST : 28 Problems: Each jurisdiction has its own system of industrial / labour relations and it is usually a matter

misconduct so serious that it justifies the

behaviours are statutory enlisted.

construction in TT jurisdiction. Procedure: Descriptive equivalent: Conducta del trabajador indebida y muy grave TT : 26-27 Bibliography: ACAS; Estatuto de los Trabajadores, Texto refundido según Real Decreto Legislativo 1/1995, de 24 de marzo. G erman G ross misconduct [ST 28, TT 28] Problem: German employment law distinguishes between ordinary termination

), which is not subject to period of notice. Conduct can be the reason for these two kinds of

), procedures and implications differ considerably. Requirement: TL reader should be aware that UK law is referred to even if reasons for conduct-related dismissals are similar in both systems. Procedure: German expressions commonly collocated with termination of employment should be

verhaltensbedingte (too near to German system) are ruled out.

Solution: loan translation as a descriptive equivalent [TT 28 ]

Example annotations

A nnotations * L. 4 ST and L. 4 TT Problem: set doublet, in which one term includes the other. The French

is very frequent in translated contracts, but inappropriate because the semantic fields in English and French are not identical:

innominate term depending on its importance and either an express term or an implied term

Termes: « formulation telle quelle » (Lerat) Condition:1. « Hypothèse prévue dans une clause (cf. potestatif, résolutoire, suspensif) 2. Modalités conditions de vente » (Lerat) Solution : « conditions » * L 9 ST and L 8 TT « overseas company » Mistake in ST as L 10 expressly names it « the Home Entity » Solution: « » Note: other mistakes in the source text: two parties (L. 7-17) but three signatories (L. 146-167) Home Unit (L 146) with capitals but not defined anywhere. In « real life », I would raise these points to th * Line 27 ST and 27 TT « and/or »

very frequent but problem of form (looks sloppy) and of substance (generates ambiguities). And/or: meant to cover three situations: the employee may need: i) a visa; ii) an immigration document; iii) both.

can be disjunctive or conjunctive (Grévisse). Thus, is usaually sufficient. When context allows, verbs can be written in the plural form to show all solutions possible (see Canadian references below). If imperative to articulate the three possibilities, one solution is to use followed by . This is not the case here. Solution: 2 National H ealth System(b), [ST: 88-89] Problem

with the client. There is a conceptual gap as this system is specific to the UK jurisdiction. Requirements: Simply transferring the name would not be sufficient. The TL reader needs to understand what it refers to. Procedure: Translation couplet : transference plus descriptive equivalent. Writing the name in italics helps identify it as a foreign name. Solution: National Health Service (service national de santé du Royaume-Uni), [TT: 94] 3 Tax De-Regist ration forms(c), [ST: 114] Problem: This expression refers to forms that are specific to the UK tax system. Although very general, it is not possible to translate it literally without sounding odd in the TL. Requirements: Remaining as general as the ST, but restructuring the sentence to convey the exact meaning and sound idiomatic. Procedure: Modulation plus expansion.

Example annotations

Solution: son arrivée au Royaume-Uni et de lui déclarer son départ. A cet effet, il devra remplir les formulaires requis, [TT: 124-126] 2. AGREEMENT ST : 2 Problems: No legal equivalent between the ST and TT terms. A key difference between agreement and

Requirements:

implicitly recognizes (ST, 18 and 19). Procedure: Use the Spanish legal collocation. Contrato TT: 2 Bibliography: Ley 45/1999 de 29 de noviembre sobre el desplazamiento de trabajadores en el marco de una prestación de servicios transnacional; Directiva 96/71/CE. 3. SECOND ST : 22 Problems:

It is impossible to keep the use of the ver

Requirements: It is the key element of the agreement and it has to work out in the target language structures. Procedure:

TT : 20 Bibliography: International Labour Organization, glossary; Chartered Institute of Personnel and Development, UK; Ley 45/1999 de 29 de noviembre sobre el desplazamiento de trabajadores en el marco de una prestación de servicios transnacional. Secondment Agreement: Explicitation (ST 2, T T 158) A secondment takes place when an employee or a group of employees is temporarily assigned to work for either another organisation (an external assignment) or a different part of their employer (internal assignment). Secondment assignments can be national or international. (Source: http://www.netlawman.co.uk/info/secondment-agreements.php).

known in Spanish, but remarkably enough Spanish does not seem to have coined a term or phrase to convey the idea. A few possible translations for "Secondment Agreement" were found online, such as acuerdo de delegación contrato de cesión temporaria de empleados Judicial de la Nación Argentina). This particular agreement focuses on the temporary "loan" of an employee from a company in a source country to a host company in the UK, so the expression found at the Poder Judicial de la Nación Argentina was found to be the closest in meaning to the SL term. Translation of "Secondment" into Spanish implies the application of syntactic strategies (unit change: one SL word becomes a TL phrase: cesión temporaria de empleados), which in turn

Example annotations

entails a pragmatic change (explicitation: the TL phrase becomes more descriptive of the concept than the SL term). Furthermore, the TL term cesión carries a more general meaning

the SL term. As such, it requires the addition of two modifiers: (1) and adjective (temporaria) that defines the time clause implied in the SL concept, and (2) a prepositional phrase (de empleados), which further expounds the context within which the TL phrase operates. 1 sation) (ST 7, T T 163)

Este acuerdo se firma entre, which is syntactically and semantically correct in the TL, however due to consideration of style it would not be the best choice in Spanish legal writing. The TL term REUNIDOS implies that the ensuing paragraph contains information about the signatory parties to the contract or agreement. This is in fact what follows in this agreement, so the use of this formulaic element would be appropriate and perhaps even preferred in this context. This functional adaptation implies a number of changes that operate at different levels. To start with, there is a pragmatic change: domestication. By including the term REUNIDOS the document moves away from literal translation and tries to come closer to the style in which Spanish contracts and agreements are generally written. Syntactically, there is a structure change, where the whole SL phrase has been condensed into one TL term that carries the same connotation and denotation of the SL phrase. Strategically,

perspective (López Guix & Minett Wilkinson, 2001, p. 266) of the TT in respect of the ST: there is a shift from concrete to abstract (one term expresses it all).

expression to terms and phrases that are natural in the target language" (Mayoral Asensio, 2003, p. 60). 1 Certificate of Continuing L iability: Explicitation/Expansion (ST 66, T T 231-232)

document that certifies that a person continues to be responsible for the payment of social security contributions in a country other than the UK, and prevents the levying of contributions in both the UK and the second country. The task of transferring this concept to Spanish is onerous because of the apparent lack of a linguistic and notional concept in the TL.

certificado or constancia, both terms being

challenge. Explicitation, or expansion (López Guix & Minett Wilkinson, 2003, p. 283) of the SL term (un certificado que demuestre que los pagos se continúan efectuando en el país de origen s that contributions will continue to be made in the home

solution it does help to convey the message as naturally as possible. Including the SL term within the TT could clutter the TT unnecessarily and confuse the target reader, since the certificate needs to be obtained from the home country authorities. A nnotations 1 2 Certificate of continuing liability to the Home Country scheme [ST 65/66, TT 77-79] Problem: TL reader will probably not be familiar with British form. Question: Is there a similar form used in German-speaking countries?

Example annotations

Requirements: TL reader should be made aware of the fact that a similar form is used in German-speaking countries under the Procedure: Additional reference to form used in German-speaking countries Solution: * [in deutschsprachigen Ländern Formular E 101] [TT 77-79]

equivalent plus additional reference to cultural equivalent. [1] overseas company/host entity [ST: 9/23] Problems:

but has the connotation of a society flooded with refugees. Requirements: The TL reader needs to be provided with terminology that avoids confusing the home and the host entity. Procedure:

(presumably) British perspective. Solution: overseas company: entsendende Gesellschaft [TT: 8], host entity: Auslandsgesellschaft [TT: 23]. [2] tax withholding regime [ST: 87] Problems: A literal translation does not convey enough information. Requirements: TT text reader needs to know the tax procedure to understand this and the subsequent sentence. Procedure: Descriptive equivalent Solution: In Großbritannien behält der Arbeitgeber die Steuern vom Gehalt ein und führt diese ab [TT: 101, 102]. [3] Sentence [ST: 92 - 93] Problems: somewhat confusing as the sentence is supposed to explain that taxes are deducted despite the fact that the item may be tax protected. Requirements: Relation between first and second half of the sentence should be made clearer in German. Procedure:

Solution: ntence was repeated rather

Practical exercise writing annotations

Read the Duration of secondment

The Home Entity seconds the Employee to __________(name of UK company) of _________________(address) ) for the period

of approximately ________ months.

5 The expected commencement date is _________ or whenever all necessary

visa and/or immigration documents have been received by the Employee.

discretion

with _______ months notice, unless termination is for reasons of gross

misconduct when the secondment can be terminated with immediate effect.

10 The secondment may be extended by mutual agreement.

Write a reflective annotation, using the metalanguage wherever possible:

8-9). identify and explain the translation problem discuss potential procedures choose the most relevant procedure and explain your decision give the translation solution and a back translation

You can work in pairs or groups, drafting one annotation collaboratively. Or you can discuss the problem, procedures and solutions and draft annotations individually.

Module 3 Register

ppt lecture notes examples of mode and legal genres example: register clash sample register analysis worksheet: analysing register

example texts - extracts

Law prospectus and law textbook Companies act (Long lease use text from module 1in this handbook) Victorian HC judgment Witness statement Employment contract Report on title

Reading: Alcaraz, E. 7 B. Hughes, Legal Translation Explained (Manchester: St Jerome, 2002) Bell, Roger, Translation and Translating ( London: Longman, 1991), pp. 184 - 196 Collins English Dictionary (London: Collins, 1984) Garner, B., A Dictionary of Modern Legal Usage (Oxford: OUP, 1987)

McIntosh and P. Strevens (eds) The Linguistic Sciences and Language Teaching (London: Longman, 1964), pp.111-134 Halliday, M.A.K., Language as Social Semiotic: The Social Interpretation of Language and Meaning (London: Edward Arnold, 1978) Hatim, Basil & Mason, Ian, Discourse and the Translator (London: Longman, 1990), chapter 3, Hodges, J.C. & M. E. Whitten, Harbrace College Handbook (New York: Harcourt Brace Jovanovich, 1977) Joos, Martin, The F ive Clocks (New York: Harcourt, Brace and World, 1961) Quirk, R. & G. Stein, English in Use (London: Longman, 1990), pp. 206-223 Werlich, E., A Text Grammar of English (Basel: Quelle & Meyer, 1976) Discontinuous Syntax

ppt lecture notes exercise: long lease answers

1

1

Register

2

What is register?

Popular perceptionsown style of language in genres and fields of discourse a socially or situationally defined language stylemany technical or professional registers, e.g. medicine or law

3

Popular understanding of registerdescribes the level of formality within a piece of speech or writing.level of formality determined by the context of utterance or writing

letter booking a holiday; e-mail to a friend; letter applying for a job; letter to a friend;

one of the indicators of formality is the choice of lexis.

domicile, residence, abode, home, dwelling, dossImbibe vs. drink; inquire vs. ask; peruse vs. read; forthwith vs. right away / at once / immediately; impugn vs. challenge; brethren / brother judges vs. colleagues (Alcaraz:8)

4

Indicators of registerlexical choicessyntactic choices

sentence-structure: simple (one clause) compound (two clauses)complex (one independent and one dependent clause)compound-complex (nested)

passive or active constructions full forms or abbreviations

phonological choicesin spoken languagerelate to pronunciation

5

Situational contextTexts are embedded in a contextContext determines linguistic choices

how we communicate depends on who we are communicating withwhat we are communicating aboutwhere we are communicatingwhether we are speaking or writing

These situationally determined choices express the register of a text

Register is a language variety / language use determined by context.

6

Variables of register

Register composed of 3 elements:1. Field2. Mode 3. Tenor

Allows detailed analysisLanguage users automatically deploy appropriate linguistic choices depending on context

2

7

F ield or domain of discourseRefers to what is going on / what sort of linguistic actionnot identical with subject matter but wider and related totwo factors:

1) the situation where it occurs: political, fictional,autobiographical, news reporting, assessing current affairs,arousing interest in the topic (journalistic attention gettingdevice)2) the linguistic activity: e.g. describing a football match, delivering a sermon, courtroom interaction, explaining how to swim, news reporting

textual indicators at level of vocabularyspecialised vocabulary specific to a field may be difficult totransfer from a language with well developed vocabulary intoa language with basic vocabulary in that field

8

The mode of discourse

1. Medium speech vs. writtenWritten language: needs to be more explicit than spoken language, more explicit signaling such as the use of adverbs, adjectives, punctuation, capitalisation, italicisationSpoken language: more informal, more redundancy, incompletion, self-correction, interjections, repetitions, etc

2. Channel audio vs. visual (vehicle through which communication takes place: telephone, mobile, handwritten letter, fax, email, face-to-face, etc)

Determines the language usedAbstracts are written to be read: well structured, elaborate vocabulary, formal, conciseConference papers are written to be spoken (inclusion ofexpressions such as us now look

9

Sub-categories of mode

b) overheard (to be read as if thought)

10

Legal examples of mode:

11

The tenor of discourseRefers to the relationship between the addresser and the addressee / How does the writer position the reader?What is the interaction between addresser & addressee

4 aspects1. Formality2. Politeness3. Impersonality4. Accessibility

12

4 aspects of tenor1. Formality

degrees of formality between addresser and addressee2. Politeness:

a) between social groups;b) power relations such as status, seniority, authority .

3. ImpersonalityWhether the writer refers to himself or not, personalinvolvementIn lectures, legal documents more impersonal than political, religious discourse

4. Accessibilityassumptions made by the writer as to the knowledgee.g. making specialised vocabulary explicit in specialised fields

Formality the most complex

3

13http://web.cn.edu/kwheeler/formality.html

Examples of 5 levels of formality

14

Formality

Defined in various ways:polite colloquial intimatecasual intimate deferential educated / non-educatedformal - informal detached neutral factualemotive manipulativeauthoritative

15

5 levelsIdentified by Martin Joos (1962)Often linked to formality only but cover all aspects of tenor

FrozenFormalConsultative CasualIntimate

16

Frozen

Style for print and declamationHighly formalComplex syntax and structureLow accessibility (i.e. readability not a high criteria)Complex: contains depths of meaning only accessible in re-readingWord meanings can be allusive

17

Formal Designed to informText is highly logically structured (Cohesion)organised in paragraphs which are linked explicitlyBackground information is woven into the text in complex sentencesno ellipsis cultivates elaborationDetached no reader orientation

Word meanings often technical, or specialisedLow accessibility

18

ConsultativeMedium accessibility reader orientationspeaker supplies background information: does not assume that receiver will understand without ithighly organised textual structureExplicit sign-posting of text (argument) developmentemphasis and structuring devicesStandard grammar

4

19

Casualestablishing a connection with the addresseesused for friends, acquaintances, insiders2 defining features:1. Use of ellipsis

includes shortened words (omission of non-essential words)

2. -standard usage such as dialect, figurative language, jargon, and non-swearing slang) not swearing or obscene language)

interjections and syntactic structures more typical of

20

IntimateDoes not provide any background information

used between intimates where assumption is that recipient shares knowledge basePrimarily spoken discourse but features now present in texting and emailreduction of linguistic units to a minimum often no full sentences, only interjectionsgroup-specific code / jargonWord meanings add private meanings

Identifying and labelling Most discussions of tenor rely on labels such

particular level of formalityKnowledge of formality level of a given lexical or syntactic unit relies to a large extent on familiarity with the languageBest way of identifying formality of a given lexical unit is information in dictionaries usage labels

21 22

Usage labels

Generalwords in standard vocabulary, listed in dictionaries without special usage labels and appropriate in both formal and informal writing and speaking

InformalWords or expressions labelled informal or colloquial in dictionariesWords and structures (contractions) widely used by educated as well as uneducated speakers but not appropriate in a formal context

23

Usage labels 2

StandardAll general and informal words or expressions

Non-standard / not standardWords or expressions labelled in dictionaries as archaic, illiterate, non-standard, obsolete, slang, or sub-standardNot considered part of the standard vocabulary but frequently encountered

24

Usage labels - 3Slang

breezy, racy, extremely informal, non-standard, facetious, offbeat words and figures of speechRestricted to particular contexts such as a social group or particular activityInappropriate in formal speech and writingspiel, neat, cool, like

TabooNot acceptable in polite useLikely to give offenceDerogatory: word with unpleasant connotations and used knowingly Offensive: may be regarded as offensive by person such described even if speaker uses it without malicious intention

5

25

Usage labels - 4

JargonLSP as perceived by non-experts also: LGP words that have taken on LSP meanings: mouse

All personnel functioning in the capacity of clerks will indicate that they have had opportunity to take due cognisance of this notice by transmitting signed acknowledgment of receipt of same.All clerks will acknowledge in writing the receipt of this notice.

26

Examples: archaic lexical choices

1.witnesseth

2. sounding in3. to

4. cannot be heard to sayAlcaraz:8

27

Special usage labels - examplesUnalienable Archaic,

obsoleteInalienable

Lift Informal, colloquial

Plagiarise

Nowheres Non-standard, dialect, colloquial

Not anywhere, nowhere

Stink Slang To be of low quality

28

Textual indicators for tenor -1 Informal tenor:

A first-person or second-person point of viewSimple lexical choicesSimple syntactic choices

dependent clauses and short or medium independent clauses

simple types of text structuringOnly essential conventions of punctuation and graphic agreement

29

Textual indicators for tenor - 2

Formal tenorDenote respect for addresseeNon-personal or first person plural point of viewPrecise and complex lexical choicesSimple and complex syntactic choices

medium and long independent clauses

Simple and complex types of text structuringCorrect punctuation; text form/type graphic conventions observed

30

Relevance of register for legal textsLegal language archaic: old-fashioned syntax; antiquated lexis (see Alcaraz, ch. 1)

Tendency to formal tenorBut: range of different genres different levels of registerUse of and reference to supporting materials drawn from very different fields

6

31

ReferencesAlcaraz, E. 7 B. Hughes, Legal Translation Explained (Manchester: St Jerome,

2002)Bell, Roger, Translation and Translating ( London: Longman, 1991), pp. 184 -

196 Collins English Dictionary (London: Collins, 1984)Garner, B., A Dictionary of Modern Legal Usage (Oxford: OUP, 1987)Halliday Halliday, M.A.K., M.

McIntosh and P. Strevens (eds) The Linguistic Sciences and Language Teaching (London: Longman, 1964), pp.111-134

Halliday, M.A.K., Language as Social Semiotic : The Social Interpretation of Language and Meaning (London: Edward Arnold, 1978)

Hatim, Basil & Mason, Ian, Discourse and the Translator (London: Longman, 1990), chapter 3,

Hodges, J.C. & M. E. Whitten, Harbrace College Handbook (New York: Harcourt Brace Jovanovich, 1977)

Joos, Martin, The F ive Clocks (New York: Harcourt, Brace and World, 1961)Quirk, R. & G. Stein, English in Use (London: Longman, 1990), pp. 206-223Werlich, E., A Text Grammar of English (Basel: Quelle & Meyer, 1976)

Examples of mode and legal genres / activities

Speaking W riting Conversing: cross examination

To be spoken as if not written: closing speech, opening speech

Monologue: evidence in chief Written to be spoken: judgment Reciting: witness coaching Written to be read: text books, legislation,

contracts, applications, etc

Written to be read as if heard: transcript Written to be read as if overheard: witness

statements relating to hearsay

Example: register clash

Dear Sue, Unfortunately Jay is away from the office until Tuesday morning. I trust it can wait until then. Kind regards, John ppDr J L Carson-Williams BA, MLitt, DipG, FCIL, Spanish in Spain, Cliveden House, 6 Cliveden Terrace, Cliveden, Hants PO10 3NL, UK. ----- Original Message ----- Hi Jay, Any news on the exam texts ? I need them by the end of April if poss so can run them past the external for approval and get them off to the various exam centres in plenty of time. Hope all well generally, both PGCTS wise and everything else wise! Miaow! Abrazos, Suzanita PS Time for a tinto soon I think!

Sample register analysis

Title of document: Employment contract Textual indicators F ie ld

Domain Law employment law

Domain specif ic lexis: shall be employed; terms of engagement; f ixed-term period during his employment

Activity Specifying terms of employment: rights

and obligations of employer and employee standard agreement - binding

Shall be employed; it is hereby agreed; shall be paid; shall be entitled; hereby agrees not to disclose Typical macrostructure

Mode Medium Written to be read Macrostructure: numbered outline with points and sub-points; headings in

capitals and underlined; sustained syntax; no redundancies; key components bolded

Channel Visual; hard copy Nothing unusual would only be interesting if by email, for example Tenor

Formality Formal

Standard to formal lexis: endeavour, salary, promote; with some th ; precise lexical choices

promote ; mixture of complex and compound sentences (esp. para 8.1); correct punctuation - monologic no interruption

Politeness Appears to be between equals but favours employee

and precise instructions in 4. and 6. and 7. indicate sales director in position of power

Impersonality Impersonal

Many passives throughout: be employed; be terminated; be paid; be entitled; reference to functions rather than persons: the sales director, the board; the company;

Accessibility Low: aimed at educated reader

Unexplained use of complex cohesive devices: (aforesaid; set out below; during or thereafter; any such information); LSP (covenant, termination; exclusive jurisdiction; on behalf ;)

Sample register analysis

Worksheet: Analysing register

Title of document: Textual indicators F ie ld

Domain

Activity

Mode Medium

Channel

Tenor Formality

Politeness

Impersonality

Accessiblity

A The Law course at Cambridge is intended togive a thorough grounding in the principles oflaw viewed from an academic rather than avocationai perspective. There are opportunities

5 to study the history oflaw ar¡d to considerthe subject in its wider social context, Theemphasis is on principle and technique. Skillsofinterpretation and logical reasoning aredeveloped, and students are encouraged to

10 consider broader questions such as ethicaljudgement, political liberty and social óontrol.B Although many undergraduates who readlaw do so with the intention of practising,many do not, preferring instead to go into

15 administration, industrial management oraccountancy. Candidates intending to readlaw need not have studied any particularsubject at school. It is as commõn forundergraduates to have a scientific or

20 mathematical background at Alevel as it isfor them to have studied history or languages.

C Undergraduates.reading law for three yearstake Part IA ofthe Tripos at the end ofthe firstyear. This comprises four papers: Criminal

25 Law,Constitutional Law, the Law ofTort and

'(l''.' ,-'-'.q' i..*-\ r-r-!.

Roman Law. In the second year five subjectsare studied for Part IB ofthe Law Tbiposwhich is taken at the end ofthe year. Therange ofsubjects on offer is wide - fromFamily Law to International Law - though inplactice most undergraduates take Contractand Land Law as two oftheirpapers. ln thethird year, five.subjects are studied for Part IIofthe Tlipos. The range ofoptions is evenviiider than in Part IB, According to preferencean undergraduate may develop his or herinterest in property law (including trusts andconveyancing law), cornmercial law, publiclaw (including Administrative Law and EECLaw), or in more academic and sociologicalaspects of law, such as.Iurisprudence, LegalHistory, Labour Law and Criminology.Candidates may also participate in theseminar course, submiúting a dissertation inplace oforie paper.

Candidates for the postgraduate LL.M. takeany four papets selected from a wide range ofoptions in English Law, Legal History, CivilLaw, Public Law,Internatiénal Law, andComparative Law and Legal Philosophy.

D

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i The literal rule - The cardinal rule is that thewords of an enactment must primafaciebeinterpreted in rheir o r dina r y, I i te r al o r g r antm at.ic alsensé. And providecl that so to interpret them doesnot give rise to.some absurdity, repugnancy' . .inconsistency or ambiguity the court is not entitledto construe them loosely or fancifully, even if astrict construction appears to it to lead to a wrongresult.

ii The golden rule - Here we may cite LordWensleydale inGrey v. Peaîson (1857) 6 H'L' Cas.61 at 106: 'In construing statutes', he said,'thegrammatical and ordinary sense of the words is to6e adhered to'; in others words, the literal rule is tobe applied. This is how a lawyer takes his first lookat an ènactment; but perforce, for such is often thecase, Lord Wensleydale went on to say if thisapproach proves unsatisfactory as leading to 'someabiurdity, or some repugnuncy ot inconsistency .with therest of (the statute)'then'the grammaticaland,ordinary sense of words may be modifiedso asto avoid that absurdity and inconsistency, but notfurther' . ilhis is the so-called'Golden Rule': beitrict in interpretation, but modify the constructionwhere essential so as to avoid absurdity orinconsistency. How, then, is such modifrcation tobe approached?

iii Consider the whole enactment- If the use of the'Golden Rule',leads to the conclusion that thewords under consideration produce absurdity,repetitiveness, inconsistency or redundancy thenext thingthe lawyer must do is to look at thewhole of ihe enactment in question. For whatseems absurd or redundant as it stands may take onmeaning in the light of the whole context'

40

iv The history of the enactment - The word'history' is here used in a double sense, In the firstsense ii signifres the gen esis of the enactment itself:its progress through Pârliament and the debatesand discussions which produced it. Nothing would,perhaps,.seem more sensible than that the courtsshould consider these things in order' to discover thetrue intention of the legislãtors. But, thoughtravaux préparatoires are freely referred to inEuropeán cburts (though not, ít seems, in the Courtof Justice of the European Communities itself), therule at present is that the'historyl in this sense maynotbe ref.erred to; and the main argument in favourof this is that debates are two or many-sided affairsfrom which no sure indication can be gained.Hansardl is thus not to be cited.

A second sense of the word 'history' in thiscontext signifi es the background againstwhich thestatute ís passed. This may include, for instance, aprevious series of enactments in the same field asihe Act to be interpreted (often, misleadingly,called the'parliamentary history' of the enacrment)and it may also includesuch matters as the generalsocial, poiitical and legal background prevailing atthe time of the passing of the Act. It r's permissibleand generally dèsirable for the court to consider the'history' in these senses; though a House of Lordsdecision has emphasized that in interpreting aconsolidating statute (one which brings together aseries of previous enactments), unless the word orphrase in the consolidating enactment isambiguous, there is to be no recourse to thestatutes consolidated.

1. Hansardisthe irame of the official report of debates inthe UK Parliament.

45

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Philip S. James, Introduction to English Law

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COMPANIES ACT I985 Page I of65

NOTE: Seuls sont reproduits ci-dessous des extraits, en raison de la longueur de cette loi (747articles et des annexes volumineuses). Les articles non reproduits sont suivis du symbole: [...1.

Ce texte est à jour du 3l mars 2004.

COMPANIES ACT 1985

An Act to consolidate the greater part of the Companies Acts I I I March 1985]

PART I FORMATION AND REGISTRATION OF COMPANIES; JURIDICAL STATUS ANDMEMBERSHIP

CHAPTER I COMPANY FORMATION

Memorandum of association

l. Mode of forming incorporated compâny.

(l) Any two or more persons associated for a lawful purpose may, by subscribing their names to amemorandum of association and otherwise complying with this Act in respect of registration, form anincorporated company, with or without limited liability.(2) A company so formed may be either:

(a) a company having the liability of its members limited by the memorandum to theamount, if any, unpaid on the shares respectively held by them (" a company limited byshares");(b) a company having the liability of its members limited by the memorandum to suchamount as the members may respectively thereby undertake to contribute to the assets ofthe company in the event of its being wound up (a company limited by guarantee"); or(c) a company not having any limit on the liability of its members ( "an unlimitedcompany")

(3) A "public company" is a company limited by shares or limited by guarantee and having a sharecapital, being a company:

(a) the memorandum of which states that it is to be public company, and(b) in relation to which the provisions of this Act or the former Companies Acts as to theregistration or re-registration of a company as a public company have been complied withon or after 22 December 1980;

and a "private company" is a company that is not a public company.

(34) Notwithstanding subsection (l), one person may, for a lawful purpose, by subscribing his name to amemorandum of association and otherwise complying with this Act in respect ol registration, form anincorporated company being a private company limited by shares or by guarantee.(4) With effect from 22 December 1980, a company cannot be formed as, or become, a company limitedby guarantee with a share capital.

2. Requirements with respect to memorandum.

(l) The memorandum of every company must state:

(a) the name of the company(b) whether the registered offìce of the company is to be situated in England and Wales, orin Scotland;(c) the objects of the company.

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COMPANIES ACT I985 Page 2 of65

(2) Altematively to subsection (l)(b), the memorandum may contain a statement that the company'sregistered office is to be situated in Wales; and a company whose registered office is situated in Walesmay by special resolution later its memorandum so as to provide that its registered office is to be sosituated.(3) the memorandum of a company limited by shares or by guarantee must also state that the liability ofits members is limited.(4) the memorandum of a company limited by guarantee must also state that each member undertakes tocontribute to the assets of the company if it should be wound up while he is a member, or within one yearafter he ceases to be a member, for payment of the debts and liabilities of the company contracted beforehe ceases to be a member, and of the costs, charges and expenses of winding up, and for adjustment of therights of the contributories among themselves, such amount as may be required, not exceeding a specifiedamount.(5) In the case of a company having a share capital:

(a) the memorandum must also (unless it is an unlimited company) state the amount of theshare capital with which the company proposes to be registered and the division of theshare capital into shares of a fixed amount;(b) no subscriber of the memorandum must take less than one share; and(c) there must be shown in the memorandum against the name of each subscriber thenumber ofshares he takes.

(6) Subject to subsection (64), the memorandum must be signed by each subscriber in the presence of atleast one witness, who must attest the signature.(64) Where the memorandum is delivered to the registrar otherwise than in legible form and isauthenticated by each subscriber in such manner as is directed by the registrar, the requirements insubsection (6) for signature in the presence of at least one witness and for attestation of the signature donot apply.(7) A company may not alter the conditions contained in its memorandum except in the cases, in themode and to the extent, for which express provision is made by this Act.

3. Forms of memorandum.

(l) Subject to the provisions of sections I and 2, the form of the memorandum of association of:

(a) a public company, being a company limited by shares,(b) a public company, being a company limited by guarantee and having a share capital,(c) a private company limited by shares,(d) a private company limited by guarantee and not having a share capital,(e) a private company limited by guarantee and having a share capital, and(î) an unlimited company having a share capital,

shall be as specified respectively for such companies by regulations made by the Secretary of State, or asnear to that form as circumstances admit.

(2) Regulations under this section shall be made by statutory instrument subject to annulment inpursuance of a resolution of either House of Parliament.

34. Statement of company's objects: general commercial company.

Where the company's memorandum states that the object of the company is to carry on business as ageneral commercial company:(a) the object ofthe company is to carry on any trade or business whatsoever, and(b) the company has power to do all such things are incidental or conducive to the carrying on of anytrade or business by it.

4. Resolution to alter objects.

(l) A company may by special resolution alter its memorandum with respect to the statement of thecompany's objects.(2) If an application is made under the following section, an alteration does not have effect except in sofar as it is confirmed by the court.

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COMPANIES ACT 1985

5. Procedure for objecting to alteration.

Page 3 of65

(l) Where a company's memorandum has been altered by special resolution under section 4, applicationmay be made to the court for the alteration to be cancelled.(2) Such an application may be made:

(a) by the holders of not less in the aggregate than 15 per cent in nominal value of thecompany's issued share capital or any class of it or, if the company is not limited byshares, not less than l5 per cent of the company's members; or(b) by the holders of not less than 15 per cent of the company's debentures entitling theholders to object to an alteration of its objects;

but an application shall not be made by any person who has consented to or voted in favour ofalteration.

(3) the application must be made within 2l days after the date on which the resolution altering thecompany's objects was passed and may be made on behalf of the persons entitled to make the applicationby such one or more of their number as they may appoint in writing for the purpose.(a) The court may on such application make an order confirming the alteration either wholly or in paftand on such terms and conditions as it thinks fit, and may:

(a) if it thinks fit, adjourn the proceedings in order that an arrangement may be made to itssatisfaction for the purchase of the interests of dissentient members, and(b) give such directions and make such orders as it thinks expedient for facilitating orcarrying into effect any such arangement.

(5) The court's order may (if the court thinks fit) provide for the purchase by the company of the shares ofany members of the company, and for the reduction accordingly of its capital and may make suchalterations in the company's memorandum and articles as may be required in consequence of thatprovision.(6) If the couft's order requires the company not to make any, or any specified, alteration in itsmemorandum or articles, the company does not have then power without the leave of the court to makeany such alteration in breach of that requirement.(7) An alteration in the memorandum or afticles of a company made by virtue of an order under thissection, other than one made by resolution of the company, is of the same effect as if duly made byresolution; and this Act applies accordingly to the memorandum or afticles as so altered.(74) For the purposes of subsection (2)(a), any of the company's issued share capital held as treasuryshares must be disregarded.(8) The debentures entitling the holders to object to an alteration of a company's objects are anydebenture secured by a floating charge which were issued or first issued before I December 1947 or formpart of the same series as any debentures so issued; and a special resolution altering a company's objectsrequires the same notice to the holders of any such debentures as to members of the company.In the absence of provisions regulating the giving of notice to any such debenture holders, the provisionsof the company's articles regulating the giving of notice to members apply.

ó. Provisions supplementing subsection 4, 5.

(l) When a company passes a resolution altering its objects, then:

(a) if with respect to the resolution no application is made under section 5, the companyshall within l5 days from the end of the period for making such an application deliver tothe registrar of companies a printed copy of its memorandum as altered; and(b) if such an application is made, the company shall:

(i) forthwith give notice (in the prescribed form) of that fact to the registrar;and(ii) within l5 days from the date of any order cancelling or confirming thealteration, deliver to the registrar an office copy ofthe order and, in the caseof an order confìrming the alteration, a printed copy of the memorandum asaltered.

(2) The couft may by order at any time extend the time for the delivery of documents to the registrarunder subsection (l)(b) for such period as the court may think proper.(3) lf a company makes default in giving notice or delivering any document to the registrar of companies

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COMPANIES ACT I985 Page 4 of65

as required by subsection (l), the company and every officer of it who is in default is liable to a fine and,for continued contravention, to a daily default fine.( ) The validity of a alteration of a company's memorandum with respect to the objects of the companyshall not be questioned on the ground that it was not authorised by section 4, except in proceedings takenfor the purpose (whether under section 5 or otherwise) before the expiration of 2l days after the date ofthe resolution in that behalf.(5) Where such proceedings are taken otherwise than under section 5, subsections (l) to ( 3) above applyin relation to the proceedings as ifthey have been taken under that section, and as ifan order declaring thealteration invalid were an order cancelling it, and as if an order dismissing the proceeding were an orderconfirming the alteration.

Articles of association

7. Articles prescribing regulations for companies.

(l) There may in the case of a company limited by shares, and there shall in the case of a companylimited by guarantee or unlimited, be registered with the memorandum articles of association signed bythe subscribers to the memorandum and prescribing regulations for the company.(2) In the case of unlimited company having a share capital, the articles must state the amount of sharecapital with which the company proposes to be registered.(3) Articles must:

(a) be printed,(b) be divided into paragraphs numbered consecutively, and(c) subject to subsection (34), be signed by each subscriber of the memorandum in thepresence of at least one witness who must attest the signature.

(34) Where the articles are delivered to the registrar otherwise than in legible form and are authenticatedby each subscriber to the memorandum in such manner as is directed by the registrar, the requirements insubsection (3Xc) for signature in the presence of at least one witness and lor attestation of the signaturedo not apply.

8. Table A, C, D, and E

(l) Table A is as prescribed by regulations made by the Secretary of State; and a company may for itsarticles adopt the whole or any part of that Table.(2) In the case of a company limited by shares, if articles are not registered or, if articles are registered, inso far as they do not exclude or modify Table A, that Table (so far as applicable, and as in force at thedate of the company's registration) constitutes the company's ar-ticles, in the same manner and to thesame extent as if articles in the form of that Table had been duly registered.(3) If in consequence of regulations under this section Table A is altered, the alteration does not affect acompany registered before the alteration takes effect, or repeal as respects that company any portion ofthe Table.(4) The form of the articles of association of:

(a) a company limited by guarantee and not having a share capital,(b) a company limited by guarantee and having a share capital, and(c) an unlimited company having a share capital

shall be respectively in accordance with Table C, D or E prescribed by regulations made by the Secretaryof State, or as near to that form as circumstances admit.

(5) Regulations under this section shall be made by statutory instrument subject to annulment inpursuance of a resolution of either House of Parliament.

84. Table Gf Article non reproduit ici - cet article a été introduit par le Companies Act de 1989 (section 128) nais n'esl jamaisentré en vigueur, d'où son omission)

9. Alteration of articles by special resolution.

(a) Subject to the provisions of this Act and to the conditions contained its memorandum a company may

http://britlaw. free.frlcompany/companies_act_ I 985.htm s128t2009

An offer, to be capabìe ofacceptance, mustinvolve a definite promise by the offeror that hewill bindhimself if the exact teims specified byhim are accepted.

An offer may be made either to a particularperson or to the Public at large.- Ifan offer takes the form ofa promise inreturn fór an act, the performance of that act is initself an adequate indicatioir of assq4t :.,, .. : i' '

Appptl from a decision of Hawkins, J' ; .

The defendants, who were the proprietors.and vendors of a medical preparatiìn called '

"The Carbolic Smoke Ball," in'serted ín t}rre PallMøllGøzetteof November 13, 1891, and in othernewspapers, the following âdvertisement:' ' ''

"1001. rewa¡d will be paitl by ttre CartoticSmoke Ball Company to any person who conüractsthe incneasing epidemic influenza, colds;9r anydiséase causeã by taking cold, after having usedthe ball three times daily for two weeks accordingto ühe printed directions supplied with each ball'1000/.is deposìted with the Alliänce Bank'Reeentstreet,shewingoursincerityinthe'matter. During the last epidemic of influenzamanv thousand carbolic smoke balls were sold ds';;il;i;ãããeãi*t tru. disease, and in noãscertàined cãse was the iliseâse contractedbythose using the carbolic smoke ball. One carbolicsmoke ballwill last a family seYe]4 +q¡!bb, .

making it ühe cheapest remedy in the world at the' ,price, 10s; post free. The ball can be refilled at a

ðost of5s. Address, Carbolic Smoke Ball35 Company,27, Princes Stróet, Hanover Square,

London."The plaintiff, a lady, on the faith of this

advertisement, bought one ofthe balls at achemist's, and used it as directed, three times a

40 day, from November 20, L891, to January 17;1892, when she was attacked by influenza.HIwKINS, J., held that she was entitled torecover the 100¿. Thè defendants appealed.

LINolnv, L.J., delivered judgment45 dismissing the appeal.

BoweN, L.J. I amoftle sâme opinion. Wewere asked to say that, this document was acontract too vagueto be enforced.

The first ob"servation which arises is that' lhe, 50 document itself is not a contract at all, it is only. an offer.made to the public. The defendants

contend next, that it is an offer the terms of' which are too vague to be treated as a definiteoffer, inasmuch as:there is no limit of time fixed

55 for the çalching ofthe influenza, and it cannot besupposed that the advertisers seriously meant to

.- - - - lTSl= i"-p-g 3oi:v-'3 ::"iv- t"i1"3i¡3catches the influenza at any time after theinhaling of the smoke ball. It was urged-1I¡o,

60 that if yãu look at this document you will findmuch vagueness as to the peisons with whomthe contåct was intended to be made-that, inthe first place, its terms are wide enough toinclude fersons who may have used the smoke

65 ball befóre the advertisement was issued; at allevents, that it is an offer to the world in general,and, alio, that it is unreasonable to suppose it tobe a definite offer, because nobody in their' tãtt..t would contract themselves out of the

zo ãpportunity of chec\ing theexperiment whichriás going [o be made at their own expense' It isàlsã ãontãnaed that the adverbisement is ratherin the nature of a puflor a proclamation than apromise or offer intended to mature into a

?5 äontract when accepted. But the main-pointseems to be that the vagueness of the documentshews that no contractlhatever was intended'

Carlill v. Carbolic Smoke Ball Co.t18931 r Q.B:256

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IN THE EMPLOYMENT TRIBUNALBETWEEN

CASE NO, 1,28942/02

Applicant

Respondent

Ludgate Hill;

CFIARTES E. SCOVILLE

and

BANNERMANANDLAW(atum) .

I,'Detective Constable ]ack Clouseau, care of Bow Street police Station,London, hereby states as follows

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L. On the morning of Monday 26 ApnL,2007 Iìwas on d¡rty at Bow Street Police Station.Actirig on information received I attended the office'oi.Bannerman and'Law,'solici-tors, at L1 The strand, London at9.45 a.m. thatmorüng along with p.c. capriati.,' .

2. As we arrived a middle-aged man came to the main "ñtturr.ãto

meet us, iåentifuinehimself as Mr Henry võ9rø Managíng Parhrer of Bannerman and. Law. HJ apiq".u.."d quite,agitateã, intimating 'live\ot him, fþ multi-milio;'pound¿ Fe¡råidrivingswindler!' . :,: ':.'::i,, ':r, :,''. ,.

3. lvlr Moore was insisting vehemently that we should arrest another individual atso in the.reception area who heiept pointing ro. Mr Moore was remonsh"u"¿ tr-,¡lu-ri";tú;;-, dividual who þg ieferred to as Cha¡les Scoville, had stolen.€2 milllo¡ from Bannermari'and [aw. Mr Moore clearly wanted us to arrest this man and take him into custody.

4. P.c. capriati tried. to calm Mr Moo¡e down while I spok'e to the other mur,, *hä .on-'firmed he was indeed Charles scoville. M¡ scovi[ã also told me that he was em:ployed as a cashier with Bannerman and. Law, hâd dpne nothing wrongr;rnd hadlnoi¿eäwt¡atgenryMoorewasgoingonabout,.'

5. P.C. Capriati and I then invited lv{r Scoville to come with us into a'small:empty officeadjoining the reception area. We explained to Mr Scoville tñat he :ryas not t t å"i uo"rtand that we merely wanted to have an infoimal chat with hlm, rtds.was with a viewto establishing the full situation, Charles Scoville replied 'Please, call me Chq¡les, I ärn imore than happy to co-operate. I am an entirely inrìotent pariy in all this t, . ,t , , , ,

6; My colleagug and I therefore went íntô¡the small .offic_e'i,vitfr,CÈa¡es Scovi[ê and ex-plained to him that Mr Moore was alleging he'd misappropriated n2 million fiôm:,Bannerman and Law. charles scoville replied 'Thãt's ridiculous, wliy on'earth

. should he think !þt? oh good grief,wait aiinutet Ifs lhq Ferrari isn'¡ iizr,He thén;went on to explain that on the wédriesday of the previous'week he'd been'onq ofthree lucky jackpot winners of the national lottery and had won just òvei.f4.g mil-.

Signed

Date

D.C. Clouseau

i

I

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(:-c ç-r.ç-çai: C't i¡iq¡;$:.4. ,

r',.;'.l.!.1"i;.r.

6. PENsiqÑsöHEME ) , : ..' , '. ';' ,; . '

,O.f,1,fr" Sales Düector will,throughoui his emPloyme4t'.with;the Colnparty*be" . ;tüt51]äf¿ãÀã*¿ 4"1" imember of orã Cãmpan1"e pensìon'scheme' The

. , companr *,u p";Ëå-ä|îi',]öä;;i"".cli"*É o" u"¡"tt of the sàles

Djæctor an amount equa!,to 47o of his .*u;-.r-ài"qy. a*ing ti" employrr.ent

with the ComPanY.

JsmafJ,tLg,,l

Sarah HallCitv Plaza

LondonEC2A.

Dear Sarah

YOUR PURCHASE OF LONDON"

I enclose the contract (which is yet to be approved by the seller's solicitors), subject toany comments you may have. Briefly, the contract provides as follows:

Ûr¡s'iiìflexibility in your negotiations with the seller.

(c) When contracts are exchanged a deposit of 10% of the purchase price is payableto the seller's solicitors who will hold it as stakeholdeis, This means itrat tneseller will not have access to the deposit money until completion of the purchaseunless the seller has a related purchase in which case she may use your depositas a deposit on that purchase.

(d) Before we exchange contracts, I need to agree a completion date with the seller'ssolicitors, Please let me know your preferred date for completion,

(e) lf you do not complete on the completion date and it is your fault, you must payínterest' (at the rate of 4o/o ovêt base rate of Natwestj on the balance of

'thópurchase money from that date until the date you actually complete.

(f) The seller is also entitled to serve on you a Notice to Complete, requiring you tocomplete the purchase within 10 working days of the date of service of the notice.

26-27 creal Sutton Stroot, Clorkonwell, Lôndon ECfV ODSSwltchboârd: (020) 70.f7 5600 Fax: (020) Zô08 0Ols0X53337CLERKENWELL cloggmânust.co.uk

R¡chlrd Clc0{r. S¡trrotr l¿¡ûucl. Roslrûnirx Udd¡n (f'¡rl,\ùrr)

^d¡dr fì¡dloy, S¡drcy Cilc {Coilsu¡r3¡rtst

ù ., i't;-ç\' CÞ-r"r'VÑ\C;

ìffilef'ontract someyouaitowso as to

OR:

YR:

DD:

E:

RU.1783

020 7847 5606

[email protected]

28 July I

.!i(iii

(a) The name.of;.-Ëht;;';i*i

cleggma¡3H,"e,.! 28 July

Paga 2

lf you fail to complete by this date, the seller may forfeit the deposit and also sueyou for any additional damages which the seller may sutfer because you failed tocomplete.

lf the seller does not complete, you may sue him to force the seller to complete.ln addition, after serving a Notice to Complete, you may bring an action againstthe seller for any damages which you may suffer as a result of the seller's failureto complete.

lf the seller does not complete on the completion date but shortly aftenrards, youmay not claim interest.

The flat is being sold in its present state and condition. I therefore recommendthat you obtain a full structural survey of the flat prior to exchange of contracts sothat you are aware of any defects which your surveyor is able to identify.

The contract provides that you have not entered into the contract on the basis ofany representation made by the seller or anyone else on behalf of the seller,

(g)

(h)

(i)

o

;,sÍji.$ËWu*:ouï'owhioh l'haveIthiiítjdb,you' tiî::îtittlþ,

Ëiiniä¡rieã ¡n'ihementioned in the

contract, please let me know immediately.

TITLE

3.

3.1

*¿ri;:

Stamp duty of €' {being 10/o of the purchase price) must be paíd on the transfer ofthe flat ínto your name. The fee to register the transfer at the Land Registry is Ê150.

The flat is described asLondon and shown edged red on the enclosed plan attached to the lease. lfthis plan does not correctly show the extent of the flat which you believe you are buyingplease let me know immediately.

LEASE

As I mentioned above, the flat is subject to a lease. The main points of that lease areas follows:

Freeholder

The freehold ís owned by Laing Homes (North London) Ltd co/ Peveral OmMalborough House, Wigmore Place Luton LU2 gEX,

Managing Agents3.2

cleggmajl,,t{,$l

The freehorder emproys peverer oM as. managing agents to .ma¡aoe the buirding ofwhich your ftat ror11.^??1._ï".-.n"tp, ,ggîåJrï säi 91t^1!o_ve rhey may oecontacted by terephone on 01582 sgãibo and by fax on oisez 393 701.Term

trJ"'"niåthe. lease ís 125 vears from 1 september rge9, with approximatery 11e

Ground Rent

The ground rent is €150 per year for the first 25 years of the term of the lease and wíllbe changed after the 25 i;;rå. îr,J'giåino rent is payabre harf yearry in advance.Servíce Charge

28 Juty'

Page 3

3.3

3.4

3.5

7:t,J ili-WM"*ffiffiïäli,$#

The seller's solicitors d¡d not oa:

ffi :,îiffi ,",ff il',"¿*,"i"r*;ìffi':iüiË{"iö1i:i:i}fi }:i*':ît,,,..",i;Ie.ars. r have

"oo¡tt" are any major works sctreoülei rär tne flat in the next two

$¡¿:,:r:*d"-ä,'yJ;ifh';$,:üii:1"':î:1il{:l:Lï:îi"rïílh:n:?lïiiï:*l;:.år"åii:#:,,_!;f¡J.iiJä:l?:n"îïili,lyk:li,g:The service charoe.accounts for 2004.sjro-ws there was a defícit in the accountsand it is possibrã therã;;;;1u';ier¡c¡i wrrå" ir,î'iåounts 2005 have beenfinatised' r have therefore ."["ãirä

"e'e¡,s sãii"iio-rJîo confirm that rhey wi';:ï å j i il H .; l åi: U:.'tj*i:åiî",ï,Jïi iåï '.; ",' ¡ "; i;; i iîi J, åît"

",, "

cleggmalJ,,!f,gJ

3.6

Sarah Hall28 July

Page 4

lnsurance

The freeholder is responsible for insuring the buildíng. The insurance details are asfollows:

(a) The insurers are Norwich Union;

(b) The amount of cover ís e

(c) The cover expires on 30 June .

(d) The policy number is PM007S71CHC; and

(e) Your share of the premium will be incruded in your service charge.

Lease rights and covenants affecting the tenant

The lease contains a number of covenants that you, as the leaseholder must observe.

ä'ï¡';ri:ïflti¡"#";:;iia;Hî*iäil¡¡'ffjtî ¿ïsîl; " . :,i,''';'r1;f , l rw'r"

(b) To allow the freeholder (with or without workmen) to enter the flat and examineits general condition and state of repair;

3.7

iír:':'þi

(f) Not to do anything which may invalidate the freeholder's insurance of thebuitding;

(g) To allow the occupíers of other flats in the building into your flat to let them carryout repairs to their own flats;

(h) To keep all the sinks, baths, showers, waste and soil pipes clean and unblocked;

(i) Not to assign, sub-let or part with possession of only part of your flat;

0) To use the flat only as a private resídence for the occupation of a single family;

(k) Not to use the flat for any illegal or immoral purpose;

(l) Not to make any noise in your flat which may be audíble outside the flat or whichmay cause a nuisance or annoyance to a neighbour; and

\-' \-/ solicitors Page 6

There is a redemption penalty if you repay the whole or any part of the loan during thediscount period and the maximum you could end up paying is Ê2,550 if you redeembefore 31't August 2006

Before completion takes place, you must sign the mortgage deed at this office (toenable us to witness your signature). When you come to the otfice, please bring withyou at least two forms of identification, including your passport. lf you do not have acurrent passport, ptease ensure,that you have at least one form of photo id.

You should have received from your lender a copy of the mortgage conditíonsapplicable to your loan. I urge you to read the conditions in detail and ensure that youare aware of the terms of the mortgage. I set out below a brief summary of the moreimportant and relevant terms of your mortgage:

. You must keep the flat in good repair and avoid damaging it;

. You must pay your property bills (utility bills, council tax, ground rent, etc) ontime;

. You must make sure that the flat is proper:ly insured at alltimes;

, You may not sublet the flat;

. You must keep up your repayments on the moftgage; and

The seller's solicitors have provided replies to a number of enquiries relating to the flat.I am therefore able to draw your attention to the following:

(a) The seller is not aware of any disputes affecting the flat and the seller has notreceived any notices relating to the flat;

(b) The flat has the benefit of all mains services,

(c) There are no guarantees which benefit the flat;

(d) The flats falls into Band C for Council Tax purposes and the tax payable for 2005is €:

cleggma¡3H,F,! 28 July'

Page 7

I enclose a fixtures, fittings and contents questionnaire which has been completed bythe seller. Please let me know if there are any items shown on this form which you areexpecting to be included in the sale, but which are stated to be excluded.

SEARCH

The search reveals that has been adopted by the local authorityand is maintained at public expense. The search also reveals that there are noproposals for the construction of new roads or the alteration of existing roads within200 metres of the flat.

The flat is in a smoke control zone. The search does not give any information aboutpossible development of neighbouring flat. lf the likelihood of such developmentconcerns you, you can make personal enquiries at the local authority to ascertain thelíkelihood of such development.

The search does not reveal any charges, enfcrcement notices or proposals forcompulsory purchase or other adverse matters affecting the flat.

6,

tìn;' ' ,iii! r,¡

. I shall use the deposit from the sale as deposit on the purchase.

. Please let me have your instructions regarding a completion date.

I look forward to hearing from you.

With kind regards

cleggma¡;,1ì,F,1 28 July'

Page 5

(m) Not to hang any clothes outside the windows of the flat.

The lease grants you a right of way over all the common parts of the building and youalso have the righi to enter any other flat in the building in order to carry out repairs toyour own flat.

Freeholder's covenants

The obligations of the freeholder under the terms of the lease include the following:

(a) To insure the building against fire and other risks;

(b) (Providing your request is reasonable), to produce to you a copy of the currentinsurance policy and receipt for the most recent prernium;

(c) To keep the communal and structural parts of the building in a good andsubstantial state of repaír and decoration;

3.8

ìt-(:r thqt,the landingç,,ç+i,pp, çiqy : lit,átí$ ß

freeholder has deliberately caused such lapse).

Your lender has agreed to make a loan to you to help you to purchase the flat' Themain terms of the loan are:

. Amount of the loan: ÊÍ cf which elonly.

is repayment and Ê. interest

. Term of the loan: 25 years

. lnitial annual interest rate: 5.290%

. Duration of the initial interest rate: Until 3'1 August .

. Subsequent interest rate: Variable.

There are also a number of special conditions in the mortgage offer, of which youshould be aware:

8/19/2010

1

Discontinuous Syntax

Dr. Amos ParanDept. of Learning, Curriculum and

Communication, Institute of Education

1

Session outline

Word classes in EnglishWords and Phrases Coordination of words and phrasesBasic sentence structure in EnglishSentence elementsAdverbials and their importance in Legal EnglishSample sentences for analysis

2

Word classes of EnglishOpen classes:

NounVerbAdjectiveAdverb

Closed classes: Pronouns he, she, it, me, thisPrepositions to, at, towards, beforeConjunctions and, or, but, if, unless, since, beforeAuxiliary verbs do, be, have; must, shall, will Determiners the, a (an), every, all, some

3

Word classes and phrases

Words can be the heads of phrases: Noun head of Noun Phrase. The head can be pre-‐modified or post-‐modified, or both.

e.g. The Company shall accept said sum in full and final settlement of all obligations and liabilities under the Contracts.

4

Coordination

Phrases can be coordinated i.e. they can enter into a relationship of equals with a phrase of the same category: N with N, Adj with Adj, NP with NP, VP with VP, etc.

The main coordinators in English are: and, or, but

5

Examples of coordination

As part of said release and discharge, the parties covenant not to seek arbitration or to sue each other with respect to anything that is subject to said release and discharge, but nothing in this Article 2 shall prevent any party from asserting or pursuing any claim for breach of the terms of this Agreement or any express warranty contained herein.

6

8/19/2010

2

Coordination of Prepositional Phrases

The head of the prepositional phrase is the PrepositionThe preposition is nearly always followed by a Noun PhraseMany prepositional phrases are themselves included in a NP which may itself be part of a PP, which may be part of a previous NP, which

7

Prepositional Phrases

IN consideration of the Premium now paid by the Lessee to the Developer at the direction of the Lessor (the receipt whereof is hereby acknowledged) and of the Rent hereinafter reserved and contained.

Which examples of coordination are there here?

8

Basic sentence types in EnglishSV She laughed.SVO She saw him. Test for objects they can become the subject of a passive sentence: He was seen by her. SVC She is proud.

SVA I am in the garden.

semantic identity between the S and the A. SVOC Most people consider these books expensive. SVOO Mary gave the visitors tea. SVOA I put the books on the shelves.

9

The centrality of the verb

Note that it is the verb that determines the structure of the sentence:

This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous, oral or written agreements and negotiations.

10

The Adverbial ElementNot to be confused with Adverb: it does not need to contain an AdverbThere can be an infinite number of optional Adverbials in a sentenceThe position of Adverbials is extremely flexibleAdverbials can appear between the auxiliary verb and the main verbThey can appear between the subject and the verb, and between the verb and the object

11

The Adverbial ElementLegal English is marked by the large number of Adverbials and by their appearance in odd places. Adverbials can sometimes include other

known as clauses or subordinate clauses. Each of these subordinate clauses will have a subject, a verb, and either O, C, or A, as needed.

12

8/19/2010

3

Every company having more than 50 members[S]

must keep an index of the names of the[V] [O]

members of the company, unless the register of[A]

members is in such a form as to constitute initself an index.

13

unless (= subordinating conjunction)the register of members is in such a form as to

[S] [V] [C]constitute in itself an index.

to constitute in itself an index.[V] [A] [O]

14

The flexibility of Adverbials

to constitute in itself an index.[V] [A] [O]

in itself to constitute an index.

to in itself constitute an index.

to constitute an index in itself

15

Finite and non-‐finite verb forms

Every company having more than 50 members

What is the structure of this?

NP, where the head (company) is post-‐modified by a subordinate clause (having more than 50 members).

16

Finite and non-‐finite verb forms (2)

Compare:Every company having more than 50 membersAll companies having more than 50 members

vsEvery company that has more than 50 membersAll companies that have more than 50 members

17

Some principles and rules of thumb

Always look for the verb and make sure you have identified itIdentify the subject of the verb; identify the objectRemember that verbs come in finite and non-‐finite forms

18

8/19/2010

4

Look for signs of coordinationMake sure that you know what is being coordinatedIdentifying a noun phrase: can you replace it

Can you move any part of the sentence? What can you move where? Can you eliminate any part of the sentence?

19

Identify the S, V, O, A elementsNeither party nor their respective attorneys,auditors or agents shall disclose or disseminatein any way, except as necessary or appropriate to retrocessionaires, auditors, reinsurance intermediaries, regulatory authorities, or as required by legal or regulatory compulsion, either the fact of this Agreement or the terms hereof, without prior written notice being given to the other party to this Agreement.

20

THE LESSEE for the mutual protection of the Lessor and the Manager and of the lessees of the Dwellings HEREBY COVENANTS:-‐With the Lessor to observe and perform the obligations on the part of the Lessee set out in Parts One and Two of the Eighth Schedule hereto and to observe and perform all covenants and stipulations contained or referred to in the Charges Register (if any) of the Title above referred to so far as the same related to or affect the Demised premises and to indemnify the Lessor against all actions proceedings costs claims and demands in respect of any breach non-‐observance or non-‐performance thereof

21

With the Manager to observe and perform the obligations on the part of the Lessee set out in Parts One and Two of the Eighth Schedule hereto

22

Long Lease exercise continuous syntax

DATED 31ST OCTOBER 2002

THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF HARDWICK (1)

-and-

LLEWELLYN HOMES LIMITED (2)

-and-

LOCATION OCS LIMITED (2)

-and-

JANE ELSPETH BRANDON (3)

LEASE OF PART

Property: Plot No. 137 Centurion Place Harper Street

Hardwick

H M L A ND R E G IST R Y L A ND R E G IST R A T I O N A C TS 1925 T O 1986

L E ASE O F PA R T

Administrative District: Greater London: Borough of Hardwick


Title Number: YLA218519 Property: Land at Harper Street Estate Plot: Plot No137 Centurion Place Harper Street Hardwic Postal address: 12 Felicity Court 309 Quagmire Road Hardwick London H8 1AB PA R T I C U L A RS Date of Lease: 31st October 2002 The Lessor: THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF HARDWICK of Town Hall Hardwick London H8 The Developer: LLEWELLYN HOMES LIMITED of Leek House The Manager: LOCATION OCS LIMITED whose registered office is situate at Overseas House 1 Anaconda Drive Charleville CA21 0HB The Lessee: JANE ELSPETH BRANDON of 52 Market Road Hardwick London H8 1YX The Estate: The land described in the First Schedule hereto known for development purposes as Centurion Place Harper Street Hardwick The Demised Premises: The third floor Dwelling known as Plot 137 more particularly described in the Third Schedule hereto The Rent: ONE HUNDRED AND FIFTY POUNDS (£150) per annum ( subject to review) The Term: 125 years from the Commencement Date The Premium: One Hundred and Eighty Five Thousand Pounds (£185,000) T H IS L E ASE is made BETWEEN (1) the Lessor (2) the Developer (3) the Manager and (4) the Lessee


W H E R E AS:-

(1) The Lessor with the Developer has previously granted leases of or intends hereafter to grant leases of the Dwellings as hereinafter defined each as separate and distinct properties and the Lessor has in every such lease imposed and intends in every future lease to impose the obligations set out in the Eight Schedule hereto

(2) The Lessor with the Developer has agreed to grant the Lessee a Lease of the

premises hereby demised for the Premium at the Rent and on the terms and

N O W T H IS D E E D W I T N ESSE T H as follows:- IN T E RPR E T A T I O N In this Deed (including the Preamble and Recitals) unless the context otherwise requires:-

means the Building containing the Demised Premises and the garden grounds ( if any) within the cartilage thereof the Bui means the Buildings comprising several flats and all structural

parts thereof including the roofs gutters rainwater pipes foundations floors all walls bounding individual Dwellings therein and all external parts of the Building and all Conduits not used solely for the purpose of an individual Dwelling and the expression Building has a corresponding meaning

means the flats served by the Communal Areas and Facilities including where the context permits the Demised Premises and a Dwelling means any of them

reversion immediately expectant upon the Term hereinafter defined

includes the person for the time being entitled to the Term hereby granted and where the Lessee is more than one person all covenants and agreements on the part of the Lessee herein contained shall be deemed to have been made jointly and severally by all such persons constituting the Lessee


D E MISE

2. IN consideration of the Premium now paid by the Lessee to the Developer at the direction of the Lessor ( the receipt whereof is hereby acknowledged) and of the Rent hereinafter reserved and contained THE LESSOR at the request and by the direction of the Developer with Full Title Guarantee HEREBY DEMISES AND CONFIRMS unto the Lessee ALL AND SINGULAR the Demised Premises TOGETHER WITH the rights set out in the Fourth Schedule hereto to the exclusion of any implied rights pursuant to Section 62 of the Law of Property Act

ained TO HOLD the same unto the Lessee for the Term calculated from the Commencement Date SUBJECT TO the burden of the covenants or agreements already entered into by the Lessor and the Manager with the lessee of any of the Dwellings for the observance of the Estate Regulations and to all rights and easements appertaining to any other property adjoining the Estate and SUBJECT TO all covenants stipulations and other matters hereinafter contained or referred to in the Charges Register of the Title above referred to so far as the same relate to or affect the Demised Premises and SUBJECT ALSO TO the rights set out in

in the Demised Premises are hereby excepted and reserved from this demise) YIELDING AND PAYING THEREFOR during the Term to the Developer at the direction of the Lessor the Rent or such greater rent as shall be determined following the review thereof as hereinafter provided which shall in any event be paid for the first Twenty-One years thereof by equal half yearly payments in advance on the First day of March and the First day of September in each year the first of each such payments being a proportionate payment to be made on the execution hereof and AND ALSO paying on demand by way of further or

Seventh Schedule hereto

THE LESSEE for the mutual protection of the Lessor and the Manager and of the lessees of the Dwellings HEREBY COV E NANTS:-

1. With the Lessor to observe and perform the obligations on the part of the Lessee set out in Parts One and Two of the Eighth Schedule hereto and to observe and perform all covenants and stipulations contained or referred to in the Charges Register (if any) of the Title above referred to so far as the same related to or affect the Demised premises and to indemnify the Lessor against all actions


proceedings costs claims and demands in respect of any breach non-observance or non performance thereof

2. With the Manager to observe and perform the obligations on the part of the Lessee set out in Parts One and Two of the Eighth Schedule hereto

THE LESSOR relying on the covenants on the part of the Lessee herein contained HEREBY COVENANTS with the Lessee to observe and perform the obligations on the part of the Lessor set out in the Ninth Schedule

T H E F IRST SC H E DU L E

(The Estate)

1. ALL THAT piece of land situate and known for development purposes as Centurion Place being part of the Harper Street Estate Hardwick now or formerly comprised in Title Number YLA218519 TOGETHER WITH any adjoining land which may be added thereto within the Perpetuity Period and together with any buildings or structures erected or to be erected thereon or on some part thereof

9 T H E T H IRD SC H E DU L E

(The Demised Premises)

A L L T H A T the flat shown edged red on the Plan being part of the Block TOGETHER WITH ( for the purpose of obligation as well as grant)

1. the doors and windows thereof but not the external decorative surfaces thereof (which for the avoidance of any doubt shall be part of the Maintained Property)

2. the interior faces of the ceilings up to the underside of the joists slabs or beams to which the same are affixed

3. the floors down to the upper side of the joists slabs or beams supporting the same 4. the plaster face of all external or structural walls 5. that half facing into the Demised premises of the non-structural wall(s) (severed

medially) which divide the Demised premises from the adjoining Dwellings or from the Internal Common Areas TOGETHER WITH THE Conduits used solely for the purpose of the Demised Premises

19/08/2010

1

Answers to discontinuous syntax exercise

1

Neither party nor their respective attorneys, auditors or agents shall disclose or disseminate [in any way], [except as necessary or appropriate to retrocessionaires, auditors, reinsurance intermediaries, regulatory authorities], [or as required by legal or regulatory compulsion], either the fact of this Agreement or the terms hereof, [without prior written notice being given to the other party to this Agreement].

2

THE LESSEE [for the mutual protection {of the Lessor and the Manager} and {of the lessees ofthe Dwellings}] [HEREBY] COVENANTS:-‐

3

[With the Lessor] [to observe and perform the obligations on the part of the Lessee set out in Parts One and Two of the Eighth Schedule hereto] and [to observe and perform all covenants and stipulations contained or referred to in the Charges Register (if any) of the Title above referred to so far as the same related to or affect the Demised premises] and [to indemnify the Lessor against all actions proceedings costs claims and demands in respect of any breach non-‐observance or non-‐performance thereof]

4

[to observe and perform the obligations on the part of the Lessee set out in Parts One and Two of the Eighth Schedule hereto]

The last NP can be analysed as follows: the obligations [on the part of the Lessee]

Noun (head) PP (Post-‐modification)[set out in Parts One and Two of the Eighth

V A (PP)Schedule hereto

5

and [to observe and perform [all covenants and stipulations contained orreferred to in the Charges Register (if any) of the Title above referred to] so far as the same related to or affect the Demised premises]

CP: and to observe and perform, so far as the same related to or affect the Demised premises, all covenants and stipulations contained or referred to in the Charges Register (if any) of the Title above referred to.

6

19/08/2010

2

With the Manager to observe and perform the obligations on the part of the Lessee set out in Parts One and Two of the Eighth Schedule hereto

7

[to indemnify]V

the Lessor O

against all actions proceedings costs claimsA (PP)

and demands in respect of any breach non-‐observance or non-‐performance thereof

8

Module 4 Cohesion

ppt lecture notes sample texts

Reading: Alcaraz, E., Hughes, B. (2002) Legal Translation Explained. Manchester: St Jerome, pp. 192-4 - please note: refers to cohesion as textual coherence Baker, M. (1996) In other words. London: Routledge, pp.180-216 [chapter 6] Beaugrande, R., Dressler W.U. (1982) Introduction to Text Linguistics. London: Longman, chapter 4 Also available on-line: http://www.beaugrande.com/Intro1981Four.htm Halliday, M., Hasan, R. (1976) Cohesion in English. London: Longman, pp. 1-30 (chapter 1) Lotfipour- Meta 42:1, pp.185-92, http://id.erudit.org/iderudit/004014ar Dissertation briefing

ppt lecture notes Reading: Chesterman, A. & Jenny Williams (2002) The Map: A Beginner's Guide to Doing Research in Translation Studies. Manchester: St. Jerome Hatim, Basil (2001) Teaching and Researching Translation.Harlow: Pearson Education Ltd. http://www.est-translationstudies.org/ Ljubljana colloquium on Research

Mason, I. Training for Doctoral Research, Special Issue, The Interpreter and Translator Trainer, vol 3, number 1, 2009 Munday, Jeremy (2001) Introducing Translation Studies, Theories and Applications. London & New York: Routledge Schäffner, Christina (ed.) (2004) Translation Research and Interpreting Research: Traditions, Gaps and Synergies. Clevedon, England : Multilingual Matters Shuttleworth, Mark and Cowie, Moira (1997) Dictionary of Translation Studies. Manchester: St Jerome Publishing. Swales, John M. and Christine B. Feak (1994/2004)Academic Writing for Graduate Students: Essential tasks and skills, a course for non-native speakers of English. Ann Arbor: University of Michigan Press,. Thomas, R. Murray and Dale L. Brubaker (2000) Theses and Dissertations, A Guide to Planning, Research and Writing. Westport, Conn. & London: Bergin & Jarvey

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Cohesion

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What is cohesion?So we pushed him under the other one.

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Relates back to previous eventsCausal relation: the previous event provides the reason for the action described in this sentence

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Certainty: plural more than one person involved in the actionRefers back to previous mention

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Certainty: male person (although in German, this could also refer to a masculine object)Refers back to previous mention

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Not clear whether person or thing but

Refers back to previous mention

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What is cohesion?meaningful textual organisation network of relations linking parts of a textsurface connections which establish

interrelationships between persons and eventsallow us to trace participants in a textallow us to interpret how different parts of the text relate to each other

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Main cohesive devices

referencesubstitutionellipsisconjunctionlexical patterning

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Reference

Relationship of identity between two linguistic items

example: The man he, Mrs Thatcher she

referring backwards or forwards to immediate contextSame item enters text a second timeReference can be through: personal pronoun (he, us), demonstrative pronoun (this, that), relative pronoun (who, which) and other means

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Chain of reference

Common pattern: mention item explicitly (by name or title), then use pronounsLanguages with gender and number distinctions more flexible in its use clear reference established

identity of referentProblematic can refer to several items

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Unclear pronominal reference

In 1938, three significant events take place in the life of Argentine author Jorge Luis

short stories for publication in Spanish. Second, his father asks him to rewrite his failed novel to compensate for his shortcomings as an author.

Conference paper abstract, The Media of translat ion, translat ion between media , CRASSH/BCLA, Cambridge, March 2009

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In 1938, three significant events take place in the life of Argentine author Jorge Luis Borges. First, heshort stories for publication in Spanish. Second, his father asks him to rewrite his failed novel to compensate for his shortcomings as an author.

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In 1938, three significant events take place in the life of Argentine author Jorge Luis Borges. First, heshort stories for publication in Spanish. Second, his father asks him to rewrite his failed novel to compensate for his shortcomings as an author.

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In 1938, three significant events take place in the life of Argentine author Jorge Luis Borges. First, heshort stories for publication in Spanish. Second, his father asks him to rewrite hisfailed novel to compensate for hisshortcomings as an author.

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Legal example

Harrelson contends now that the admission of his testimony was irreversible error because it had been hypnotically induced.(Alcaraz:193)

admission testimony

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Extra-textual referenceReference does not necessarily only refer to entities present in the text

second person pronoun can refer to reader: If you have found this software to be useful, you are requested (if appropriate) to cite ... (On-line manual)

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the textAt that junction* the Carlow Road is a fairly wide road; I refer to photographs of the accident location, exhibited and marked as exhibit KD1. There is a clearly shaded area in the middle of the road, so that it was possible to progress to that.* Intratextual reference: para 1 of text 2 (CitySpace)

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Co-referenceEstablishes referential chain between items through knowledge of the world

often metonymic relationships = a part standing in for the whole No 10 / Downing Street Government / Prime Minister

Example for co-reference: Mrs Thatcher The Iron Lady Maggie

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Continuum for referenceMatter of degree of relatednessStretches from full repetition to pronominal referenceReference can be identical (repetition of the item) to loose (similar general word)

a boy climbing that tree.

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Repetition


The boy

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Synonym


The lad

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Superordinate


The childcare.

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General word


The idiot

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Pronominal


He

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Example: legal co-referenceA famous pop singer, a U.S. citizen was among the passengers

victim left her mother, sister and brother-in- -1995, the mother had decided to give up her job in order to assist her daughter in her career as a singer. She devoted herself to her requirements, as did the sister and brother-in-The agreement between them and the victim was to devote all their time to the victim and her career. Since her

victim. Even worse: the daughter died intestate.

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Co-reference in legal textsCo-reference rare instead repetitionAs I looked right again, i.e. in the direction of intended travel, I suddenly noticed an ambulance hurtling towards me, driving down the middle of the road. The ambulance did have flashing lights, but we did not hear any siren. I could see that the ambulance was swaying as the driver tried to brake in time to stop hitting my car. However, the speed of the ambulance must have been to great for him to bring the ambulance to a complete stop, as he crashed into the right hand rear door of my car. There was also some damage to the front right of the ambulance. (Text 2)

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Summary: referencePatterns of reference vary across languagesPronominal reference works across all inflections of the pronoun:Borges - he his (father) (help) himSome languages prefer pronominal reference, others repetition or omissionReference is a relationship where one item stands in for another semantic relationship; can be complex

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Legal example text:Where two parties have made a contract, which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, i.e. according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it. (Text 1)

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Cohesive ties: 1Where two parties have made a contract, which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, i.e. according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it. 30

Cohesive ties: 2Where two parties have made a contract, which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, i.e. according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.

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Cohesive ties: 3Where two parties have made a contract, which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, i.e. according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it. 32

Cohesive ties: 4Where two parties have made a contract, which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, i.e. according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.

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Cohesive ties:Where two parties have made a contract, which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, i.e. according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it. 34

Substitution

language specificOne item is replaced by anotherEach language has linguistic items performing this functionCommon items for substitution in English: do, one, the same, such, etc

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Examples: substitutionYou think he knows? Everybody does.

My axe is blunt. I must get a new one.

some coffee same.

They never received any remuneration in terms of formal salary, nor in fact did they ever ask for any.

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EllipsisSimilar to substitution:

leaves something unsaid which is understood through context

Involves omission of an itemDoes not refer to real world knowledgeRefers to grammatical relationships between omitted item and that which it relates to.

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Examples: ellipsis of verb

Joan brought food and Katie drink.

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Examples: ellipsis of verb

Joan brought food and Katie drink.

Joan brought food and Katie brought drink.

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Examples: ellipsis of nouns

Here are 13 cards. Take any. Now give me any three.

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Examples: ellipsis of nouns

Here are 13 cards. Take any. Now give me any three.Here are 13 cards. Take any card. Now give me any three cards.

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Examples: ellipsis part verb

Have you been swimming? Yes, I have.

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Examples: ellipsis part verb

Have you been swimming? Yes, I have.

Have you been swimming? Yes, I have been swimming.

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Problems

I gave him back the wallet and he left.

I gave him back the wallet and left.

Different rules in different languages on repetition of subjectDifferent meanings

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ConjunctionConjunctives link parts of a text with each other and establish logical relations within and between sentences, paragraphs, sectionsConjunctives classed in groups expressing a particular relation (causal, adversative ...)BUT:

Same conjunctive may signal different relations depending on contextLogical relations can be expressed by a variety of means (e.g. by a verb ), not just conjunctives;

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Main examples for conjunctivesAdditive : and, or, also, in addition, furthermore,

besides, similarly, likewise, by contrast, for instance

Adversative : but, yet, however, instead, on the other hand, nevertheless, at any rate, as a matter of fact

Causal: so, consequently, it follows, for, because, under the circumstances, for this reason

Temporal: then, next, after that, on another occasion, in conclusion, an hour later, finally, at last

Continuatives: now, of course, well, anyway, surely, after all46

Example: legal text 1Where the plaintiffs, the owners of a flour mill, sent a broken iron shaft to an office of the defendants, who were common carriers, to be conveyed by them, and the defendants' clerk, who attended at the office, was told that the mill was stopped, that the shaft must be delivered immediately, and that a special entry, if necessary, must be made to hasten its delivery; and the delivery of the broken shaft to the consignee, to whom it had been sent by the plaintiffs as a pattern, by which to make a new shaft, was delayed for an unreasonable time; in consequence of which, the plaintiffs did not receive the new shaft for some days after the time they ought to have received it, and they were consequently unable to work their mill from want of the new shaft, and therebyincurred a loss of profits. (Text 1)

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Example: legal text 2On the day of the accident, we had been to XXX Building Supplies and were on our way back to YYY. At about 11.20that morning we were coming out of ZZZ Park Retail Estate, intending to turn left onto the main road (A2) towards YYY. However, due to road works and some roads being closed that day, the queue to YYY was very long and practically stationary.As there was such a long queue, I decided that rather than joining that queue, I would turn right, and drive back via a detour. Accordingly I had pulled up to the junction, indicated right, and as a gap had been left in the queue of cars moving towards YYY, I then checked to my right and to my left, toensure that it was safe to proceed. (Text 2)

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Conjunctives as structuring device

Structuring of paragraphs for example to signal stages in a text first, second, thirdSize of chunks of information

English uses small chunks and signals relationships frequently and unambiguouslyGerman creates very complex structures

Legal texts: long and discontinuous sentencesCohesive devices very important

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L exical cohesion

Selection of vocabulary in organised relations within textLexical patterns support meanings

2 main categories of lexical cohesion1. Reiteration (repetition)2. Collocation

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ReiterationRepetition of lexical itemsMay be repetition by means of:

earlier itema synonyma near-synonyma superordinatea general word

BUT: not the same as reference does notnecessarily involve same identity (boy boys)

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Example: repetitionThe Claimant is the owner of the house at 34 Acacia Grove,

house. The boundary of the two properties is lined with a hedge and some trees, amongst these an oak treegarden, who informed him that the defendant was planning to have the oak tree cut downthe trees are situated on. While the border shown in the land registry shows the trees property, there are

boundary which would place the trees propertythe hedge and the treespredecessors. The building [works] do not require the oak tree to be cut down. As the oak tree is irreplaceable, the claimant requests an injunction preventing the oak tree being cut down until the matter of whose property the oak tree is has been resolved. (Text 3)

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Collocation

conventionally linked words: brush teeth, issue writ; rain, pouring, torrential, wet; hair, comb, curl, wavelexical items that are associated with each other

opposites: boy/girl; love/hate; order/obeysame ser ies or field: Tuesday/Thursday; August/December; dollar/cent; red/green (colour); chair/table (furniture)part-whole: car/brake; body/arm; bicycle/wheelpart-part: mouth/chin; verse/chorus

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Other cohesive devicesLexical chainsConsistency of terminologyConsistency of styleContinuity of tensePunctuation devices such as colons and semi-colons

signal breaks and relations between chunks of information

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Example: punctuation[341] Feb. 23, [FN1] 1854.--Where two parties have made a contract, which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, i.e. according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.--Where the plaintiffs, the owners of a flour mill, sent a broken iron shaft to an office of the defendants, who were common carriers, to be conveyed by them, and the defendants' clerk, who attended at the office, was told that the mill was stopped, that the shaft must be delivered immediately, and that a special entry, if necessary, must be made to hasten its delivery; and the delivery of the broken shaft to the consignee, to whom it had been sent by the plaintiffs as a pattern, by which to make a new shaft, was delayed for an unreasonable time; in consequence of which, the plaintiffs did not receive the new shaft for some days after the time they ought to have received it, and they were consequently unable to work their mill from want of the new shaft, and thereby incurred a loss of profits:--Held, that, under the circumstances, such loss could not be recovered in an action against the defendants as common carriers. (Text 1)

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55Aviation Security Act 1982 (c. 36) 56

Relevance for translation

Cohesive pattern in SL & TL often different

Danger of: loss in precisiondifferent logical relations or argumentationrechunking: rearrangement of length of paragraphs, sections of information in TT loss of cohesion and intratextual referencing; possible ambiguity

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Cohesion: pre-translation and editing stage

Understanding of cohesive ties aids nuanced comprehension of STEditing of TT check:

Referential identities are correctSubstitutions & ellipses have been interpreted correctlyConjunctions establish same logical relationsCollocations and lexical patterns Consistency in style, tense and punctuation

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References*Alcaraz, E., Hughes, B., Legal Translation Explained

(Manchester: St Jerome, 2002), pp. 192-4Baker, M., In other words (London: Routledge, 1996), pp.180-

216 [chapter 6]Beaugrande, R., Dressler W.U., Introduction to Text Linguistics

(London: Longman, 1982) chapter 4, http://www.beaugrande.com/Intro1981Four.htm

Halliday, M., Hasan, R. Cohesion in English (London: Longman, 1976), pp. 1-30 (chapter 1)

Lotfipour-SaediMeta 42:1, pp.185-92,

http://id.erudit.org/iderudit/004014ar* refers to cohesion as textual coherence

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Primary textsText 1: Hadley and Another v. Baxendale and OthersText 2: Witness Statement A. AAA v. National Ambulance ServiceText 3: Particulars of claimText 4: claimant before German courts, Legal aspects of procedural and substantive law issues, Described

Text 5: Aviation Security Act, excerpt

SA MPL E T E X TS: C O H ESI O N

T E X T 1:

Hadley and Another v. Baxendale and Others (1854) 9 Exchequer Reports (Welsby, Hurlstone and Gordon) 341

Ex Ct 1854

[341] Feb. 23, [FN1] 1854.--Where two parties have made a contract, which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, i.e. according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.--Where the plaintiffs, the owners of a flour mill, sent a broken iron shaft to an office of the defendants, who were common carriers, to be conveyed by them, and the defendants' clerk, who attended at the office, was told that the mill was stopped, that the shaft must be delivered immediately, and that a special entry, if necessary, must be made to hasten its delivery; and the delivery of the broken shaft to the consignee, to whom it had been sent by the plaintiffs as a pattern, by which to make a new shaft, was delayed for an unreasonable time; in consequence of which, the plaintiffs did not receive the new shaft for some days after the time they ought to have received it, and they were consequently unable to work their mill from want of the new shaft, and thereby incurred a loss of profits:--Held, that, under the circumstances, such loss could not be recovered in an action against the defendants as common carriers. T E X T 2:

First Statement on behalf of the Claimant A. AAA

1st Exhibits: KD1, KD2

A . A A A C laimant

v

National Ambulance Service Defendants

1st Witness Statement of A . A A A

1) am the Claimant in this matter. I make this statement in support of my claim against the National Ambulance Service, arising as a result of an accident

Junction of Carlow Road.


2) All of the statements made in this witness statement are made from my own

knowledge, unless I have indicated the contrary.

3) I have held a full driving licence for 42 years, and until now I had never been involved in an accident. In an average year I cover some 20,000 kilometres.

4) As my husband is Irish and we have a house in YYY, I have been coming to YYY during the summer on a regular basis for some 30 years, as well as occasional visits at other times of the year, so that I am not only very familiar with the roads in and around YYY, but am also very used to driving in

5) On the day of the accident my husband and I were driving in my car, a Mazda 2, registration mark F-KD 1403. I have owned this car for just over 2 years and have driven some 50,000 kilometres in it. I am, therefore, extremely familiar with the car and all of its controls.

6) The weather conditions on the morning of 16/08/2007 were overcast, the condition of the road was dry and visibility was good.

7) were on our way back to YYY. At about 11:20 that morning we were coming out of the ZZZ Park Retail Estate, intending to turn left onto the main road (A2)] towards YYY. However, due to road works and some roads being closed that day, the queue towards YYY was very long and practically stationary.

8) As there was such a long queue, I decided that rather than joining that queue, I would turn right, and drive back via a detour. Accordingly I had pulled up to the junction, indicated right, and as a gap had been left in the queue of cars slowly moving towards YYY, I then checked to my right and to my left, to ensure that it was safe to proceed.

9) While the queue going towards YYY was almost stationary, the road in the other direction was relatively free. However, there were some cars passing at certain intervals, so that it was necessary to wait for the right moment to join that lane.

10) At that junction the Carlow Road is a fairly wide road; I refer to photographs of the accident location, exhibited and marked as exhibit KD1. There is a clearly shaded area in the middle of the road, so that it was possible to progress to that, with the intention of waiting for a safe moment to join the far lane.

11) Consequently, after a gap had been left in the queue to allow me to cross the road, and after I had checked in both directions, I slowly proceeded onto the shaded area in the middle of the road. My speed at that time was approximately 2 or 3 km/h.

12) As can be seen from the photographs (KD1), the visibility at that point is such,


that one can see approximately 100m down the road towards the right, up to the viaduct. As the road curves around there, it is not possible to see any further.

13) After I got onto the shaded area, I checked to the left, waited for one car to pass, and a second car slowed in order to allow me to join the lane. As I looked to the right again, i.e. in the direction of intended travel, I suddenly noticed an ambulance hurtling towards me, driving down the middle of the road, overtaking the entire queue of cars. The ambulance did have flashing lights, but we did not hear any siren. I could see that the ambulance was swaying as the driver tried to brake in time to stop hitting my car. However, the speed of the ambulance must have been too great for him to bring the ambulance to a complete stop, as he crashed into the right hand rear door of my car. There was also some damage to the front right of the ambulance.

14) In addition to the right hand rear side of my vehicle being damaged, some of

15) Luckily no one was injured in the crash.

16) After the accident, the driver, a Mr

asking whether we were all right. He also admitted straight away that the accident had been his fault and told me not to worry, as it would be sorted out quickly.

17) o arrived

camera to take photographs of the accident and the position of the cars, but she did not. Unfortunately we did not have a camera with us either, so that we were unable to take photographs of the accident at the time.

18) As no one had been injured, the police did not investigate the matter any further, and I was told that the insurance companies would deal with the matter.

19) Immediately after I got home I made a comprehensive note of what had happened, while the memory was still fresh in my mind.

20) I have also exhibited as exhibit KD2 some sketches of the accident location, which, although not to scale, show the position and direction of the respective vehicles.

21) I strongly feel that the accident was not my fault. When I checked to my right before proceeding onto the traffic island, the ambulance could not yet be seen. This means that the ambulance covered the distance from the viaduct to the junction very quickly. As mentioned at paragraph 13, we did not hear any siren either, that might have alerted us to the approach of an ambulance.

22) I was proceeding correctly at the time of the accident.


23) While I appreciate that ambulances do need to drive quickly in an emergency, in view of the fact that the ambulance was overtaking a long queue of cars, coming around a bend and with a junction straight ahead, I feel that particular attention would have been warranted at that point.

Statement of Truth

I believe that the facts stated in this witness statement are true.

A. AAA T E X T 3: IN THE XXXXX County Court In the matter of an

intended Claim BETWEEN:

A . A A A A A A Claimant

and

B . BBBBBB Defendant

----------------------------------- PARTICULARS OF CLAIM -----------------------------------

1. The Claimant is the owner of the house at 34 Acacia Grove, adjacent to the

some trees, amongst these an oak tree which is said to be over a hundred years old.

2. The Defendant intends to, and has been granted planning permission to, build a sunroom and a patio as an extension onto the rear of his house.

3.

informed him that the defendant was planning to have the oak tree cut down, in order to allow the sun to shine on the patio, which he is in the process of building.


4. A conversation with the Defendant resulted only in the Defendant reaffirming that

he would do what he liked on his land.

Particulars of trespass 5. There is some argument about whose land the trees are situated on. While the

property, there are older documents which show that the original 1935 conveyance

6. Since purchasing his property in 1992, the Claimant has maintained the hedge and

the trees. According to a 94 year old local resident, Mr. Mandrake, this was also

7. The building of the patio and sunroom, as laid out in the general layout sketch, do

not require the oak tree to be cut down. 8. As the oak tree is irreplaceable once it is cut down, the Claimant requests an

injunction preventing the oak tree being cut down until the matter of whose property the oak tree is has been resolved

Statement of Truth I believe that the facts stated in these Particulars of Claim are true. Signed: [A. AAAAA] Dated: [ ] T E X T 4:

www.germanlawair.com Translation 29 Oct. 2008 S.v.Starck Introduction On 24 November 2001, an AVRO 146-RJ 100, HB-IXM aircraft, of Crossair Limited, Basel, crashed on its flight number CRX 3597 from Berlin to Zurich. The pilots had descended below the minimum descent altitude and consequently the aircraft collided with treetops and then crashed onto the ground killing twenty-one passengers and three crew members. Seven survived, some of them seriously injured, two crew


members survived with minor injuries. A famous pop singer, a U.S. citizen with domicile in Atlanta, Georgia, was among the passengers who lost their lives. She had booked a flight on a Round-trip (RT)?? Ticket from Berlin (Germany) via Zurich (Switzerland), where she was about to give a performance, to Frankfurt (Germany) for her next performance. The victim left her mother, sister and brother-in-law behind, all of whom had given up their previous jobs in order to help promote her professional career. Until the disaster occurred, they had been maintained by the later [sic] victim and had lived together in a house with all modern conveniences and in very good financial and social circumstances. In the mid-1995, the mother had decided to give up her job and applied for early retirement with her employer in South Carolina, nine months prior to her 30th employment anniversary in order to assist her daughter in her career as a singer. She

full- ving no other employment nor any other money- -in-law. They never received any remuneration in terms of a formal salary, nor in fact did they ever ask for any. This was perfectly consistent with the agreement by and between them and the victim according to which the Claimants was [sic] to devote all their time to the victim and her career. In return, she promised to maintain tem [sic] within the scope of her financial means as long as they lived. After the disaster occurred they had no more income as they were unable to return to

loyer, and some miserable social security benefits. Due to another tragic circumstance, which was of a legal nature, neither of them was entitled to inherit [sic] the victim.

i -husband. They had been married for about 14 months. Shortly before she died, she got divorced from her husband. When her ex-husband heard that she had died, he challenged the divorce decree, invoking formal mistakes made in relation to the service of the divorce documents to him.

-instance decree, which was obviously wrong, the ex-husband prevailed and became the universal heir to the

turned the mother, sister and brother-in-house and intended to claim damages for rental costs incurred in the period from her death until the time they moved out. As a consequence, they had to move out of their house, with no money to live on and so they claimed compensation. A lawsuit was conducted in Germany, ending with an amicable settlement the details of which have to be kept confidential. This article is intended to describe the legal considerations and aspects that are relevant for this type of proceedings. T E X T 5:


Aviation Security Act 1982 (c. 36), http://www.statutelaw.gov.uk/content.aspx?LegType=All+Primary&PageNumber=9&BrowseLetter=A&NavFrom=1&parentActiveTextDocId=1333534&ActiveTextDocId=1333534&filesize=445494

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LAM018

Dissertation briefing

1

Aims of a dissertation - 11. carry out relevant research within an appropriate

methodology 2. demonstrate a coherent and appropriately

supported argument 3. design a research proposal and undertake a

detailed investigation on a topic related to the theory and/or practice and/or business of legal translation in a chosen area of specialisation

4. make a substantive contribution to the exercise or development of legal translational practice

2

Aims of a dissertation - 25. present a critical, theoretical discussion which

highlights implications for theory and/or practice within the field

6. describe, analyse and evaluate the applicability of theory from appropriate fields of legal translation to translational practice

7. develop and critically review an extensive and appropriate bibliography on legal translation

8. develop recommendations for future research and, where appropriate, discuss policy and professional implications of the research findings

3

Requirements

Length: 10,000Deadline: October 31, 2011 (full time students)

October 31, 2011 (part time students)2 possibilities:

1.

2. Annotated translation

4

Any topic in legal translationShould have link to practical translation / translation industryFocus depends on proposal

theory practicelaw - translation

5

Possible areas for proposals

Review of theoretical translation concepts as used by different theoristsReview of translation theory/ies and relevance for legal translationReview / revision of source text analysis model for legal translationTerminology work / analyses of legal languageReview / overview of legal translation industryProfessional ethics

6

2

Possible areas for proposals - 2Annotated bibliography for legal translationCorpus studies

comparison of different existing translations across languages or domains or genres

Review of electronic tools / web resources for legal translationLegal translation resources / handbook / guidance for translators

Annotated translations with a view to teaching materials

Legal translation in international organisation7

Annotated translation

Consists of 1. Translation 2. Source text contextualisation, analysis,

brief, translation problems/reflective annotations

3. Terminology: research and documentation

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Length

Source text: 5,000 wordsReflective commentary including research and documentation: 5,000 words

Relative length of reflective commentary and of R&D (terminology work) will depend on individual decisions taken by individual students

9

Support and guidancemodules 2 3

Karen Seago: throughout the year(with exception of annual leave times):

advice and guidance onDissertation yes or no?Dissertation proper or annotated translationResearch proposalSource text choiceAny theory questions

Face-to-face/telephone appointments/emailMaterials on CitySpace: dissertation handbook, reading lists etcIndividual supervision with allocated supervisor

10

Indicative timeline part timeSummer 2010: think about dissertation

possibilities (topics vs. source texts)September 2010 seminar: dissertation proposalsDecember 2010 seminar: literature research &

evaluation / search strategiesJanuary/May 2011: submit proposals/allocate

supervisorsApril 2011 seminar: literature review/

methodologyJune 2011 seminar: evaluation of data and

resultsOctober 31, 2011: submission of dissertation

11

Indicative timeline full timeChristmas / New Year 2010/11: think about

dissertation possibilities (topics vs. source texts)January 2010 workshop: dissertation proposalsDate and venue tbaMarch 2011 workshop: presentation of proposals /

Q&A sessionJanuary-March / May 2011: submit proposals /

allocate supervisorsApril 2011 workshop: research skills and

methodologiesJune 2011 seminar: literature review/ methodologyJune 2011 seminar: evaluation of data and resultsOctober 31, 2011: submission of dissertation

12

3

Planning the research

Carry out background work alongside modules 5 8Recommend a research day:

Day before taught modulesUse City library and BLAppointments with staff Workshops

13

Reading: Deciding on a proposalChesterman, A. & Jenny Williams, The Map: A Beginner's Guide to Doing Research in Translation Studies (Manchester: St. Jerome, 2002) Hatim, Basil, Teaching and Researching Translation (Harlow: Pearson Education Ltd., 2001) Mason, I. Training for Doctoral Research, Special Issue, The Interpreter and Translator Trainer, vol 3, number 1, 2009Munday, Jeremy Introducing Translation Studies, Theories and Applications. (London & New York: Routledge, 2001) Schäffner, Christina (ed.), Translation Research and Interpreting Research: Traditions, Gaps and Synergies(Clevedon, England : Multilingual Matters, 2004) http://www.est-translationstudies.org/ Ljubljana

14

Reading: academic writing / translation concepts

Swales, John M. and Christine B. Feak, Academic Writing for Graduate Students: Essential tasks and skills, a course for non-native speakers of English (Ann Arbor: University of Michigan Press, 1994/2004).Thomas, R. Murray and Dale L. Brubaker, Theses and Dissertations, A Guide to Planning, Research and Writing (Westport, Conn. & London: Bergin & Jarvey, 2000)Shuttleworth, Mark and Cowie, Moira (1997) Dictionary of Translation Studies. Manchester: St Jerome Publishing.

15

Module 5 Pre-translation analysis and commentary writing

ppt lecture notes pre-translation analysis checklist

Reading: Nord, C. (2005) Text analysis in translation: theory, methodology, and didactic application of a model for translation-oriented text analysis (2nd edn.) Amsterdam and New York: Rodopi. (esp. chapter 4 which focuses on source text analysis) Trosborg, Anna (2002) Discourse Analysis as part of translator training, in Schäffner, C. The role of discourse analysis for translation and in translator training. Clevedon: Multilingual Matters. 9 53

- the remaining chapters in this book consist of responses to and critiques of Trosborg s model for source text analysis

Dissertation wor kshop 1: research proposal and source text research

ppt lecture notes Reading: Chesterman, A. & Jenny Williams (2002) The Map: A Beginner's Guide to Doing Research in Translation Studies. Manchester: St. Jerome Hatim, Basil (2001) Teaching and Researching Translation. Harlow: Pearson Education Ltd. Mason, I. (2009) Training for Doctoral Research, Special Issue, The Interpreter and Translator Trainer, vol 3, number 1 Munday, Jeremy (2001) Introducing Translation Studies, Theories and Applications. London & New York: Routledge Schäffner, Christina (ed.) (2004) Translation Research and Interpreting Research: Traditions, Gaps and Synergies. Clevedon, England : Multilingual Matters

1

Pre-translation analysis and commentary writing

2

Content of commentary

1. Source text contextualisation 2. Source text analysis3. Translation problems and solutions4. Terminology research5. Resources / Research method and process6. Bibliography

Your academic judgment how to weight individual aspects

3

Source text contextualisationRelevant information on the author/provenance of the source text (if available) which may include information on background, publications, competence, and the status of the ST (draft/binding?)Relevant information on the source of the text including title of the ST, a description of what it is / the genre and (sub)domainA brief description of the contents of the source textRelevant comments on differences in jurisdiction and legal concepts between source and target

4

Source text analysisRelevant information on the source text:

genre readershipmacro/micro structure styleregister cohesionany peculiarities / characteristics relevant for translationSee more detailed information on source text

analysis in hand-out

5

Translation problems and solutionsDiscussion of actual, genuine translation problems, procedures and

solutionsat word level: differences in word meaning; terminology; collocations; idioms and figurative language at sentence level: syntax; grammatical constructions; punctuation (this can be also at text level); at text level: coherence; cohesion; style; register (nb register is commonly used to denote the relationship between the writer and the reader style relates to the particular style of the text in question.)Discussion should group problems together rather than present

Should indicate which kinds of problems relevant for the text (i.e.

Should evaluate how effective the solutions are and whether there are any aspects which could not be solved satisfactorily

6

Terminology research

Discussion of terminological aspects characteristic of the text (and relevant for the translation)Presentation in glossary or entry formsDocumentation of research / resources used

2

7

Discussion / critical evaluation of resources and research

outline your thought processes, the reasoning, the research steps and research method you have undertaken provide a rationale for your choice of translation problems and terminology / glossary entriesoutline the research undertaken to resolve translation problems and to complete the list of terms, discuss the resources used and to what extent they were useful / problematicexplain any difficulties or challenges encountered in the process and describe how these were resolved provide a rationale for the weighting of the different parts in your commentary

8

The bibliographyA bibliography (not included in the word count) must be included, referencing all sources used. A bibliography must be ordered alphabetically by last name. You must make sure that you are consistent throughout. Please ensure that you comply with the Harvard in-text citation and referencing conventions.Reference conventions for on-line materials are explained in detail on the School of Arts Library website:http://www.city.ac.uk/library/ls_nsq/arts/citation%20guide/arts_citation_webpages.html

9

The word limit1500 words in total10% excess permitted but markers will not take into consideration any work beyond 1650 wordsnot included in the word count:

BibliographyAppendicesIf you are providing entry forms, you have an additional 50 words per entry form (to account for the context and the references provided within the entry form)Example:

commentary with 5 entry forms: permitted word limit = 1750 wordscommentary with 10 entry forms: permitted word limit = 2000 words

You must specify the word count and number of entry forms

Shaping a useful commentary

ticking off items on the listNot every kind of translation problem or textual characteristic will be present in your text

what is typical for this textApproach the analysis from the point of view of what is relevant for the translator of this text 10

ReadingThere are various pre-translation analysis models -Existing models are not oriented towards the needs of legal texts

it into a check list of questions appropriate for analysing legal textsThis is very exhaustive: not every item on the list will be relevant for any given text

11

PRE -‐ TRANSLATION ANALYSIS This checklist has been adapted from Nord s model to be applied to legal translation. Not every aspect will be relevant for any given text in any pre-translation analysis, many points will not apply. Extratextual 1. Is the text flexible or not?

Is it still in the drafting stage or is it final? Does it have legal force or not (is it binding or non-binding)?

2. Is it possible to approach the author of the text for clarification?

3. What is the jurisdiction?

American, English & Welsh, Scottish, Australian, etc Is the text formulated in a language not associated with the jurisdiction What area of law? Criminal or civil

4. Is there any other information that is presupposed to be part of

background knowledge and which the target text reader may not have access to? if legal knowledge, must not be explained (translator does not provide legal advice) if cultural contextual knowledge and relevant for the communicative situation,

provide descriptive equivalent - Who am I translating for (medium, place, time, motive, function)?

But: no cultural adaptation (even in certificates)

5. What conclusions can be drawn from the data and clues obtained about the text with regard to

a) other extratextual dimensions intention, i.e. is the text binding or non-binding; recipient, i.e. the brief may require a gist translation; medium, always written, or written transcript; place, i.e. jurisdiction; time, i.e. terms change; function, exceptionally rarely

b) the intratextual features branch of law

o language used indicates the area of law text type conventional language appropriate to genre and area

Subject matter : 1. Is the source text a thematically coherent single text or a text combination?

2. What is the subject matter of the text (or of each component of the combination)?

3. Does the subject matter identified through internal analysis correspond to the expectation

built up by external analysis? For example, commentary which turns out will be used in court for interpretation

4.

the text) or in the text environment (title, heading, sub-title, introduction, etc.)?

5. Is the subject matter bound to a particular jurisdiction?

PRE -‐ TRANSLATION ANALYSIS Intratextual features 1. How are the extratextual features verbalised in the text?

2. Which are the information units?

3. Are there any gaps of cohesion and/or coherence in the text? Can they be filled without

using additional information or material?

4. What conclusions can be drawn from the analysis of content with reference to other intratextual factors, such as presuppositions, , composition (intratextual referencing), and the stylistic features (conventional phrasing)?

Presuppositions 1. Which model of reality (jurisdiction, domain, genre, communicative purpose) does the

information refer to?

2. Is the reference to reality verbalized explicitly in the text?

3. Are there any implicit allusions to a specific external reality? For example, expansion or flagg

4. Does the text contain redundancies which might be superfluous for a TT recipient?

Only relevant, if the text is flexible and the ST producer can be approached for clarification

5. What information presupposed to be known to the ST recipient has to be verbalized for the TT recipient? Only relevant, if the text is flexible and the ST producer can be approached for

clarification

T ext composition 1. Is the ST an independent text or is it embedded in a larger unit of higher rank?

Term database, consistency with company-held terminological conventions or with other translations

If quoting a law, which has been translated, use the official translation

2. Is the macrostructure of the text marked by optical or other signals? Retain and adapt to cultural usage if otherwise misrepresentation (e.g. German

paragraph sign (§) needs to b

3. Is there a conventional composition for this type of text? Relevant for comprehension / pre-translation for the translator but not for transfer

stage, i.e. retain original format (do not adapt to cultural convention of TC)

4. Which form of thematic progression is realised in the text? Useful for comprehension but should not be adapted; problem here, if you restructure

you may lose internal referencing Often used for emphasis, i.e. English may use non S-P-O structure for emphasis

examples: "It's the dog that bit the man" is subtly different from "It's the man that the dog bit," or "The dog -- he's the one that bit the man,"

translator should use different means

PRE -‐ TRANSLATION ANALYSIS

Non-verbal elements 1. Which non-verbal elements are included in the text?

Identify and retain (headings, titles, pictures, illustrations, tables, acrostics1 - google Da Vinci code and Fibonacci series for a legal example)

2. Which function do they perform with regard to the verbal text parts? Retention of pictorial material (which includes language) without translation when it

serves an illustrative function in the text, e.g. screenshots, but explanations may be necessary when there is a link between language and image

3. Are they conventionally bound to the text type? Only relevant for comprehension, for example identification of text type or genre

L exis 1. How are the extratextual factors reflected in the use of the lexis

regional and social dialects: transcripts of witness evidence, historical language varieties: change of terminology over time choice of register medium-specific lexis: terminology conventional formulas: conventional language of the law, branch of law (e.g. normal

contract clause)

2. Which features of the lexis used in the text indicate the attitude of the sender and her/his

as metaphors and similes, individual word coinages, puns)? mostly relevant in witness evidence or judgments

3. Which fields of lexis (terminologies, metalanguage) are represented in the text?

4. Are there any parts of speech (nouns, adjectives) or patterns of word formation

(compounds, prefixed words) which occur more frequently in the text than would normally be the case? For example: opening [May it please your Lordship] and closing formulae [Unless I

can be of any further assistance] in oral submissions

5. Which level of style can the text be assigned to?

Syntax and suprasegmental features 1. Syntax

Very long and winding sentences More relevant for comprehension rather than transfer

2. Optical suprasegmental features:

e.g. punctuation, capitalisation, italicisation, spaces, quotation marks, dashes culturally adapt

1 A number of lines of writing, especially a poem or word puzzle, in which a combination of letters from each line spells a word or phrase

1

Dissertation workshop 1

Research proposal

2

The dissertation

4 Phases of work

1. Defining a research area2. Literature review3. Developing the argument4. Evaluation of data / use of literature

3

Developing your dissertation proposal

1. Identifying an area of interest

2. Preliminary research

3. Defining a hypothesis / angle /slant

4. Draft of chapter structure

5. Formulating a working title4

Identifying an area of interestDerived from the course

Explicitly: linked to one of the modulesImplicitly: linked to one of the aims / outcomes

Professional skills, ethics etc

Subject to supervisory availabilityCan be hybrid: mixture of discursive and translation

5

Preliminary research

Reading around the topicIs there secondary literature availableWhat kind of literature would be relevant?

Legal, translation practice, translation theory, linguistic theory, professional practice, history

Checking on dataIf you want to work with a corpus (of texts), do you have access to sufficient material (in both languages)?

6

Library portals

Library homepage of translation resources:

http://www.city.ac.uk/library/ls_nsq/arts/legal_trans/legaltrans_dbases.htmlhttp://copac.ac.ukhttp://catalogue.bl.ukhttp://www.access.sconul.ac.uk/

2

7

Some initial resources - law

www.Statutelaw.gov.uk www.Direct.gov.ukhttp://www.berr.gov.uk/http://www.companieshouse.co.uk/http://www.justice.gov.uk/http://www.thelawyer.comhttp://www.lexisnexis.com/uk/legalAlso check references provided on Cityspace

8

Some initial resources - law

The City Law School's library at Gray's Inn Place. Collection of relevant texts such as:

ButterworthsAtkinsEncyclopedia of Forms and Precedentshttp://www.lawborepro.net/

Law textbooks

9

Defining a hypothesisSpecific angle / slant

What is my research question?What do I want to find out / demonstrate?What will my study add to the discipline?

Your topic poses a question / identifies a need which your dissertation attempts to answer.

10

Draft of chapter structureHow would you want to structure your workWhat kind of sub-questions are asking?What kind of context / background information is necessary?How would you want to go out about

What do you think you want to cover?

11

Formulating a working titleShould be fairly precise

Not too vague, not too narrowShould give an idea of your focus / hypothesis / slant / research question

targetsHuge questions which you want to prove

12

Source text search and approval

Similar resources as for corpus searchesOn-line, print-based, law firms, translation agencies

Verify no translation in the public domainEnsure of sufficient complexityLanguage pairs / domains as on courseSubmit to convenor with email note that there is no published translation available

Module 6 Theme- rheme (thematic information structures)

ppt lecture notes exercises theme-rheme sample analysis

Reading: Baker, Mona (1992) In other words. London: Routledge. pp. 119-159 Eggins, Suzanne (2007) An introduction to systemic functional linguistics. London: Continuum International. pp. 296- 326 Halliday, M.A.K. (2002) An introduction to functional grammar. London: Arnold. pp. 37-67 Trosborg, Anna (1997) Rhetorical strategies in legal language, Discourse analysis of statutes and contracts. Tübingen: Gunter Narr Verlag Dissertation wor kshop 2: research methodologies and skills

ppt lecture notes Reading: Baker, M. (1998) Routledge Encyclopedia of Translation Studies. London: Routledge Gentzler, E. (2001) Contemporary Translation Theories. London: Multilingual Matters Hatim, B. (2001) Teaching and Researching Translation. London: Routledge Munday, Jeremy (2001) Introducing Translation Studies, Theories and Applications. London: Routledge Stolze, Radegundis (2006) Research skills in the liberal arts paradigm. http://www.est-translationstudies.org/ [last accessed 9/12/09] Venuti, L. ed.( 2000)The Translation Studies Reader. London: Routledge The lecture discusses key translation theories and their relevance for different types of research. Detailed references are given on the ppt slides.

1

Thematic and information structures

Thematic and information structures

Texts are organised to convey a messageInformation flow is governed by organisation of linguistic elementsClause as the main unit for information processingClauses need to be structured so that there is a clear progression of links and a coherent point of viewCan be analysed as thematic structures and and as information structures

2

Theme rheme

Every clause has the structure of a message:It says something (the rheme) about something (the theme)

Clause consists of two segments:

Rural areas are normally not well equipped with many facilities.

3

Theme Sender announces the topic in the theme Theme is in initial position

each clause Crucial organisational roleTells us what the sender wants to talk about

Ordering of themes Especially relevant with independent clausesPlays important role in organising a text Provides a point of orientationThis is what the text is about: only one topic, several topics?

4

Rheme

Conveys what the sender has to say about the topic

Goal of discourseMost important part in the structure of the clause as message: The rheme is THE information the sender wants to convey to the receiverFulfils the communicative purpose of the utterance

5

Hierarchical structure

Sentences consisting of more than one clause have several layers of thematic structureEach clause has its own theme-rheme structure (which may be subordinate to a larger theme-rheme structure)Order is sequential Theme in English is always in initial position

6

2

What is the theme?Signals the mood (declarative, interrogative, imperative)Declarative: subject = themeRural areas are normally not well equipped with

many facilities.Interrogative: wh-word or auxiliary = themeWhy are rural areas not well equipped with many

facilities?Imperative: verb = themeEquip rural areas with more facilities!

7

How do we identify the theme?

Usually the finite verb indicates the border between theme and rhemeRelies on fairly rigid word order in EnglishUsually, the subject (or the noun phrase) is the theme

8

Identify the themes and rhemes

The rural areas are normally not well-equipped with many facilities. Therefore, if the government sponsored all education facilities, the rural schools would be at a par with the urban schools. Moreover, the standard of education can be the same for all schools in terms of syllabus, books, libraries and other facilities.

9

Example analysis: themes and rhemes

The rural areas are normally not well-equipped with many facilities. Therefore, if the government sponsored all education facilities, the rural schools would be at a par with the urban schools. Moreover, the standard of education can be the same for all schools in terms of syllabus, books, libraries and other facilities.

10

11

Markedness of theme

Choosing something as the theme is always significant because it is the point of departure for the utteranceThe more obligatory an element is, the less marked it is the less pronounced its significanceThe less expected a choice, the more marked the more meaning it carries Not well equipped are rural areas.

12

3

Prominence

Normally, the rheme is the most important part of the message BUT: putting an unexpected choice in theme position emphasises it / makes this element more prominent Marked theme signals high importance more important than rheme

13

Discourse prominence vs. local prominence

that element local, temporary prominence within the clause, while placing an element in rheme position means that it is part of what the writer has to say, and that it is at the very

Trosborg: 100)

14

Evaluate prominence / markedness

1. Diana donated blood in the city last week.2. Blood was donated by Diana in the city last

week.3. Last week, Diana donated blood in the city.4. Diana last week donated blood in the city.5. In the city, Diana donated blood last week.6. Donated last week was blood by Diana in

the city.15

Theme/rheme in legal texts

Contracts: human subjects = thematic choice in 49.2% of the regulative structures (Trosborg:100)

Statutes: non-

subjects only constitute 13.9% of subjects (ibid.)

Consistent thematisation is often achieved by a shift of grammatical voice from active to passivePassive permits alternative topicalisation where needed

16

Value of theme-rheme analysis

Identifies the topic/s of the textIdentifies the information about the topic/sIdentifies emphasis (marked theme)But also identifies relative importance / unimportance

If you place something in theme position, it is less core than if you put it in rhemepassive constructions!

17

Exercise: theme-rheme analysis 1Orders may be placed by the Distributor on the Distributors printed order form by mail, or by telephone, or by telex. All orders should be addressed to the Company. Telephone orders must be confirmed in writing on the Distributors printed order form, to prevent

Distributor and noting if possible the name of the person who dealt with the enquiry. Duplicate orders resulting from improperly marked confirming orders may be returned only with the written consent of the Company. Claims for short deliveries against any of the orders placed by the Distributor must be made within fifteen days after delivery by telex. These Terms and Conditions shall apply to all orders (including telephone orders) placed with the Supplier by the Customer. Acceptance by the Supplier of any order is conditional upon acceptance by the Customer of these Terms and Conditions which shall override all other terms and conditions inconsistent herewith, whether express, implied or otherwise including but not limited to terms, conditions or

otherwise stipulated by the Customer and which are at variance with or additional to these Terms and Conditions The same shall be binding upon the Supplier unless specifically accepted in writing and signed by a Director of the Supplier.

18

4

Exercise: theme-rheme analysis 2

The Company hereby covenants that as and when the Stock ought to be repaid in accordance with the Conditions set forth in the said Schedule it will pay to the Stockholders the full nominal amount of the stock held by them (or such part of the Stock as is

right set-off under Clause 14 of the agreement and shall in the meantime until the Stock is redeemed pay to the Stockholders interest on the nominal amount of the Stock held by them respectively in accordance with said Conditions.

19

Signposting function of theme

1. Acts as a point of orientation by connecting back to previous stretches of discourse maintains coherent point of view

2. Acts as a point of departure by connecting forward and contributing to development of later stretches of text

20

ReferencesBaker, Mona (1992) In other words. London:

Routledge. pp. 119-159Eggins, Suzanne (2007) An introduction to systemic

functional linguistics. London: Continuum International. pp. 296- 326

Halliday, M.A.K. (2002) An introduction to functional grammar. London: Arnold. pp. 37-67

Trosborg, Anna (1997) Rhetorical strategies in legal language, Discourse analysis of statutes and contracts. Tübingen: Gunter Narr Verlag

21

Exercise: Theme-‐rheme analysis Identify and number the themes and rhemes in the two texts

below.

Text 1:

Orders may be placed by the Distributor on the Distributors printed order

form by mail, or by telephone, or by telex. All orders should be addressed

to the Company. Telephone orders must be confirmed in writing on the

Distributors printed order form, to prevent errors confirming orders

and noting if possible the name of the person who dealt with the enquiry.

Duplicate orders resulting from improperly marked confirming orders

may be returned only with the written consent of the Company. Claims

for short deliveries against any of the orders placed by the Distributor

must be made within fifteen days after delivery by telex. These Terms

and Conditions shall apply to all orders (including telephone orders)

placed with the Supplier by the Customer. Acceptance by the Supplier of

any order is conditional upon acceptance by the Customer of these Terms

and Conditions which shall override all other terms and conditions

inconsistent herewith, whether express, implied or otherwise including

but not limited to terms, conditions or stipulations contained in the

stipulated by the Customer and which are at variance with or additional to

Exercise: Theme-‐rheme analysis these Terms and Conditions. The same shall be binding upon the Supplier

unless specifically accepted in writing and signed by a Director of the

Supplier.

Text 2:

The Company hereby covenants that as and when the Stock ought to be

repaid in accordance with the Conditions set forth in the said Schedule it

will pay to the Stockholders the full nominal amount of the stock held by

them (or such part of the Stock as is due to be repaid) and which is not

-off under Clause 14 of the agreement

and shall in the meantime until the Stock is redeemed pay to the

Stockholders interest on the nominal amount of the Stock held by them

respectively in accordance with said Conditions.

Answer to theme-‐rheme exercise: sample analyses

Sample analysis text 1: T 1 R 1 Orders may be placed by the Distributor on the Distributors printed

order form by mail, or by telephone, or by telex. T 2 R 2 All orders should be addressed to the Company. T 3 R 3 Telephone orders must be confirmed in writing on the Distributors printed order

form, Marked T 4 R 4 to prevent errors

T 4 R 5 (elided: confirming orders) (elided: should be) noting if possible the name of the person T 5 R 5 who dealt with the enquiry. T 6 R 6 Duplicate orders resulting from improperly marked confirming orders

may be returned only with the written consent of the Company.

T 7 R 7 Claims for short deliveries against any of the orders placed by the Distributor

must be made within fifteen days after delivery by telex.

T 8 R 8 These Terms and Conditions

shall apply to all orders (including telephone orders) placed with the Supplier by the Customer.

T 9 R 9 Acceptance by the Supplier of any order

is conditional upon acceptance by the Customer of these Terms and Conditions

T 8 R 10 which shall override all other terms and conditions inconsistent

herewith, whether express, implied or otherwise including but not limited to terms, conditions or stipulations contained in the

otherwise stipulated by the Customer T 8 R 11 and which are at variance with or additional to these Terms and

Conditions. T 10 R 12 The same shall be binding upon the Supplier unless specifically accepted

in writing and signed by a Director of the Supplier.

Answer to theme-‐rheme exercise: sample analyses

Sample analyses text 2: Theme Rheme The Company hereby covenants that as and when the Stock ought to be repaid in

accordance with the Conditions set forth in the said Schedule it will pay to the Stockholders the full nominal amount of the stock held by them (or such part of the Stock as is due to be repaid) and which is not subject to

-off under Clause 14 of the agreement and shall in the meantime until the Stock is redeemed pay to the Stockholders interest on the nominal amount of the Stock held by them respectively in accordance with said Conditions.

T 1 R 1 The Company hereby covenants that as and when the Stock ought to be repaid in

accordance with the Conditions set forth in the said Schedule

T 1 R 2 it will pay to the Stockholders the full nominal amount of

the stock held by them (or such part of the Stock as is due to be repaid)

T 2 R 3 and which is not subjec -off under Clause

14 of the agreement T 1 R 4 and shall in the meantime T 2 R 5 until the Stock is redeemed T 1 R 6 pay to the Stockholders interest on the nominal amount of

the Stock held by them respectively in accordance with said Conditions.

1

Dissertation workshop:Research skills and methodologies

Research skillsa) Critical reading

Literature review, methodologyb) Own opinion

Your contribution to the fieldc) Need for argumentation

Developing a consistent and credible argumentd) Precision in presentation

Clarity in concepts, critical presentation and balance between own argument and other views/positions

e) Explicitness requiredClarity in theoretical approaches, methodology and concepts

2

Academic norms 1

Scholarly work is intersubjective: every scholar

draws upon the work of other members of the community in terms of theories and problem awareness, andcontributes to the community by offering new insights

3

Academic norms 2

Scholarly work is self-cr itical and argumentative: Important for rendering valuable contributions to the academic community The scholar has to take responsibility for their own workRecognition that everyone has a personal bias

Develop a convincing argumentBut this needs to be countered / balanced by:

consistent argumentation and critical questioning4

Academic norms 3

Scholarly work is precise and explicit: Checks the thesis/issue/argument criticallyQuestions various possible conclusions / claimsClearly explains claims and conclusionsDefines concepts usedExplains line of argumentationTransparency: reader needs to be able to duplicate the work (Stolze: 5)

5

Main requirements

Critical engagement with fieldClearly identified research question / issue which is developed in logical argumentAppropriate substantiation of claims and conclusionsAppropriate and clear methodology

6

2

So what is a methodology?

research questionTwo paradigms:

Empirical vs. evaluativeQualitative vs. quantitative

TS: often a mixture of evaluative and empirical approaches

7

Methodologies

QualitativeCritical analysis and evaluation of translation processes, strategies, practices, outcomes, products

QuantitativeEmpiricalObjective, fact-basedData, statistics

8

Evaluative approaches in TSDifferent theories

Linguistic Text-linguisticDiscourse analysisFunctionalSkoposNorms and systemsEthics / Sociological Cultural

9

2 areas in TS

product-oriented research and analysisemphasis on linguistic and functional aspects of the TL text in relation to SL text

process-oriented research and analysisemphasis on analysis of what actually takes place during translation

1010

L inguistic approaches / Equivalence

Differences in systematic structure and elements of languages TLLinguistic equivalence (word, sentence, text level)Language-bound meaning (of words in different languages)Practical approach; translation proceduresUntranslatabilityMachine translation (CAT)Translation problems of non-literary texts

11

Key referencesBassnett-McGuire, S., Translation Studies. (London: Routledge, 1980 &1991), chapter 1

TheTranslation Studies Reader, pp. 141-147Fawcett, P., The Language of linguistics, Linguistic theories explained (Manchester: St Jerome, 1997), pp. 34 - 41Hatim and Mason, Discourse and the Translator, (London: Longman, 1990), chapter 1

12

3

Key references 2

in The Translation Studies Reader, pp. 111-118Munday, Introducing Translation Studies, pp. 35 - 43Nida, E. TheTranslation Studies Reader, pp. 126-40Newmark, P., A textbook of Translation, (London: Prentice Hall, 1988), pp. 48-51

in The Translation Studies Reader, pp. 84-93

13

F unctional approaches / equivalence

Emphasis on the translator's objective and the designated reader, rather than on any notion of sameness between languagesSource text analysisFocus on the text:

what text type and formdetermines translation method chosen

Translational action (who is involved in the translation process?)

14

Skopos theory

What role does the target text play?Purpose (or need of target reader) determines translationNot so much concerned with linguistic featuresTarget reader oriented

15

Key references: functional / Skopos

Munday, Introducing Translation Studies, pp. 72-88Fawcett, P., The Language of linguistics, pp. 101-115Nord, C., Translating as a Purposeful Activity (Manchester: St Jerome, 2001)Nord, C., Textanalysis in translation (Amsterdam: Rodopi, 2005)

The Translation Studies Reader, pp. 160-171Reiss, K. Translation criticism Categories and criteria for translation quality assessment (Manchester: St Jerome, 2000)Vermeer, H.,in The Translation Studies Reader, pp. 221-232 16

T ext-linguistic approaches

Register and discourse basedAnalyses whole text and context (sociocultural context)Translation assessmentPragmatic features (what language used to achieve what goal?)

17

Key referencesFawcett, P., The Language of linguistics, pp. 123 134De Beaugrande and Dressler, Introduction totextlinguistics. (London: Longman, 1981)Hatim, B. & Mason, I., Discourse and the Translator, (London: Longman, 1990)Hatim, B. & Mason, I., The Translator as communicator, (London: Routledge, 1997), chapter 2Hatim .B., Communication Across Cultures. (Exeter: University of Exeter Press, 1997) Munday, Introducing Translation Studies, pp. 89 - 101 Neubert, A. & Shreve, G. M., Translation as Text, (Kent, Ohio: The Kent State University Press, 1992), pp. 22-25 18

4

Polysystems and norms Close analysis of translated textsTexts are part of a (literary) system which is made up of a number of sub-systemsTranslation involves inserting a text into a new (target) systemHas to conform to norms of receiving culture investigate the ways translations operate to adapt to thisExamines the processes of translation itself Detailed examination of the context in which a translation was made

19

Key referencesChesterman, A., Memes of translation (Amsterdam: John Benjamins, 1997), chapter 3Hermans, T., Translation in systems (Manchester: St Jerome, 1999)Munday, Introducing Translation Studies, pp. 108 - 125 Munday, J., Systems in translation, A systemic model for

Crosscultural transgressions, ed. by Theo Hermans (Manchester: St Jerome, 2002), pp. 76-92Schäffner, C., Translation and norms, (Clevedon: Multilingual Matters, 1999)

The Translation Studies Reader, pp. 198-212

Translation and norms, ed. by Christina Schäffner (Clevedon: Multilingual Matters, 1999), pp. 9-31 20

Relevance theory

Translation as a special instance of communicationAccount for underlying complex processes like decision making and evaluation in translation(Effort required in) processing of information central consideration in translation decisionsContextual assumptions and inferences / interpretation

21

Key referencesFawcett, Translation and language, pp. 135-139

-lingual The Translation Studies

Reader, pp. 376-396 Gutt, E.A., Translation and Relevance, (Manchester: St Jerome, 2000) Hatim, Teaching and researching translation, pp. 35-42

22

Cultural approaches:

Translation as cultural (and social practice) practiceFocus on the linguistic, literary, religious, political, economic, and didactic values that shape translation

Questions of power and ideology

23

Key references

The Translation Studies Reader, pp. 284-97Munday, Introducing Translation Studies, pp. 144- 161Venuti, L., (London: Routledge, 1995), pp. 1-42Venuti, L., The Scandals of Translation: Towards an Ethics of Difference, (London: Routledge, 1998)

24

5

Gender-oriented approaches

Challenges translation as powerless imitationVisibility of the translatorRight to intervene and shape the translationCritique of dominant linguistic and cultural norms which diminish female presence / authority

25

Key referencesTTR 7:2,

1994, pp. 147-64in The

Translation Studies Reader, pp. 314-33 A Companion to

translation studies, ed. by Littau, Karin and Pjotr Kuhiwczak (Clevedon: Multilingual Matters, 2007), pp. 92 - 105Flotow, Luise von, Translation and gender (Manchester: St Jerome, 1997)Massardier-

The translator, 3:1, 1997, pp. 55-70Munday, Introducing Translation Studies, pp. 126-132Simon, Sherry, Gender in translation, Cultural identity and the politics of transmission (London: Routledge, 1996) 26

Post-colonial approaches

Translation as colonisation (imposition of language and values)Dominance of Western languages and systems of thoughtAssimilation / absorption / transmutation of ideas and language

27

Key referencesBasnett, S. and Trivedi, H., Post-colonial Translation: Theory and Practice (London: Routledge, 1999) Kadish, Doris & Francoise Massardier-Kenney (eds), Translating slavery: gender and race in

(Kent: Kent State UP, 1994)Munday, Introducing Translation Studies, pp. 133 - 142

28

Ethics

29

ReferencesBaker, Mona, Routledge Encyclopedia of Translation Studies (London: Routledge, 1998)Gentzler, E., Contemporary Translation Theories, (London: Multilingual Matters, 2001)Hatim, B., Teaching and Researching Translation. (London: Routledge, 2001) Munday, Jeremy, Introducing Translation Studies, Theories and Applications (London: Routledge, 2001)Stolze, Radegundis (2006) Research skills in the liberal arts paradigm. http://www.est-translationstudies.org/ [last accessed 9/12/09]Venuti, Lawrence (ed), The Translation Studies Reader(London: Routledge, 2000)

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Module 7 Dissertation wor kshop Option A : L iterature review

ppt lecture notes Reading: Thomas R. M. and Dale L. Brubaker (2000) Theses and Dissertations, A Guide to Planning, Research and Writing. Westport, Conn. & London: Bergin & Jarvey (This book is available on the open shelves in the British Library, Humanities 1 Reading Room.) Option B: pre-translation analysis

ppt lecture notes exercise check list

Reading: Draws on all elements of applied translation theory covered in previous modules (pre-translation analysis, identification of translation problems and procedures, textual analysis).

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The literature review and methodology

Reading, writing and thinking

Literature plays important roleHas different functions depending on the stage of the work1. Initial orientation2. Status quo of body of work on topic3. Developing methodology4. Substantiating argumentOnly 2. and 3. are part of the literature reviewImportant: the relationship between reading and writing and thinking

2

Reading (and writing)

Vast amount of reading necessaryNot all will end up in projectReading needs to be done to identify what is

Temptation to go on reading and delay writingMust start writing from very beginningTake notes on your reading

3

Evaluative commentswrite an evaluative summary / comment on each article,

assess the relevance to the topic useful, not useful, in which way usefulwhat can it help to develop does it provide a framework? etc

Might want to do an evaluative summary at end of day, writing up what the reading has been and how it would contribute or not to the literature review / methodology / interpretation of data/argumentComments will be the foundation for the literature review

4

Writing

intimidating to start writing start as early as possibleAll writing is drafts; lots of redrafting necessary so

beautifully phrasedMay want to just get ideas on paper to begin withThen rework for clarity of expression and argumentWriting is a craft, not an inspired act

5

Writing for a Humanities dissertation

Do not just give the outcome of your thinkingi.e. the decisions you have made with respect to the scope of your topic, the precise research question, your aims

Process orientedNeed to show your thought and decision making processesDemonstrates you ability for critical thinking and evaluation

6

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Thinking

Have phases when we feel we are stagnating, not doing any writingPerfectly normalProcess of thinkingAllow it to happenCrucial part of research and writing

7

The literature review proper

Functions:1. Describe the body of theoretical work which

exists on your topic2. Locate yourself within the context of existing

knowledge3. Develop your methodological approach

8

Describe the body of theoretical work which exists on your topic

Identify the relationship between your own work to the existing body of work

WHAT: how much literature is there?Is it useful?What is not useful? And why not?Why is the useful material relevant to you?:Does it address the topic in the same way that you want to do it?Is it in the languages / that are relevant to you?Is there useful literature in related areas?What are they, why are they useful? What can you use and what do you need to disregard?

9

HOW start off with a paragraph which describes how much, how little literature there is in general termssummarise the literature (all of it) in one paragraph / sentence which is not useful and give overarching reasonsummarise in one paragraph / sentence the literature which was useful and give a general reason whythen you go into detail for your methodological approach

10

Develop your methodological approach

WhatIdentify the aspects / approaches / ideas / notions from the theoretical literature which will help you to develop a method of producing an answer to the question you are posing with your project

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HOW

ideas and then discuss in detail the bits which are valuable to you and why; what are you going to do with themThis discussion must ALWAYS be related to your own topic

unless it is considered generally that this idea is the norm and you have very good reason to deviate from it

12

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What not to do:Do not list all the literature you have readDo not describe the content of all the literature you have readDo not just describe the content of the literature you are using you must EVALUATE itDo not include anything for which you cannot establish a link to your topicDo not copy from the literature without acknowledging your sources even if you are referring to ideas which you are paraphrasing

13

What to do:

Be transparent i.e. explain why you are using / excluding something give the reasonsExplain in simple language but use the metalanguage

14

What is the methodology?

Literature review and methodology is the

dissertationLiterature review = ingredientsMethodology = instructions what you do with the ingredients / how you use them

15

Interconnectedness

Introduction, literature review and methodology are closely linked (may even be all in one chapter)Blueprint of your dissertationOnce thought through and written, the rest is fairly easyResearch question, aims, chapter outline, literature review and methodology interconnected

16

Checking and re-‐draftingYou will redraft your research question, aims and methodology several times in response to your on-‐going researchCheck that your

research question links to your aims (and vice versa)aims link to your chapters which chapter addresses which aim?methodology meets the requirements of each of your aimsyou may have different methodological approaches to cover different aimsLiterature review covers all relevant aspects and links appropriately to your methodology

17

Supporting functions of the literature review

The Literature review can:suggest ideas for research problemsidentify theories that can be applied or testedsuggest methodological approachesexplain data-‐gathering techniques and instrumentsprovide typologies and taxonomies for classifying dataillustrate ways of interpreting research resultsshow ways of presenting the completed research project

(Thomas & Brubaker, 30-‐4)See your dissertation handbook for further information on the literature review

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Annotated translation dissertation option

Contents of annotated translation dissertation

The annotated translation with reflective commentary consists of:Source text: 5,000 wordsTranslation (target text)Reflective commentary in English including research and documentation: 5,000 wordsAppendices with research data

This contains all texts referred to, parallel texts (if used, they need to be discussed)List of References

This must contain all and only the material cited in your essay and be representative of the field. Please make sure you formulate your Reference list and in-‐text citations correctly. You will lose points if you do not. See Pears and Shields (2005) for guidance.Statement

that I did not use any publications other than those cited in the introduction, the research paper

ID number and date of submission

The Commentary

i) Pre translation analysis, including a) Source text contextualisation

Relevant information on the author of the source text (if available) which may include information on background, publications, competence, statusRelevant information on the source of the text including title of the ST, a

description of what it is / the genre and (sub)domainA brief description of the contents of the source textRelevant comments on differences in jurisdiction and legal concepts

between source and target

b) Brief and costingSpecify the translation situation: client and purpose of translationAnalyse the source text in terms of difficulties / specific requirements and translation problems and relate this to how they would impact on your costing of the translation job

c) Relevant information on the source textGenre, text type, readership, macro/micro structure, style, register, cohesion

2) Research and documentation A description of the research method and process, including discussion of resourcesterminological documentation presented in a format decided on by the student

3) Discussion of actual, genuine translation problems, strategies and solutionsThese can be:at word level: differences in word meaning; terminology; collocations; idioms and figurative language at sentence level: syntax; grammatical constructions; punctuation (this can be also at text level); at text level: coherence; cohesion; style; register

Pre-‐translation analysis1. Contextualisation and description of ST2. Brief and costing3. Format 4. Macro and micro structure 5. Register6. Cohesion7. Syntax8. Punctuation 9. Terminology/lexis

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ST contextualisation Flexibility AuthorJurisdiction Pre-‐supposed knowledgeSubject matterPurpose

Brief and costing

What circumstances is this text likely to be translated in?Possible purpose/s of translation/s?Likely end user/s? Any difficulties which would impact on costing?

8

Format

Layout HeadingsOptical signalsPictorial or other non verbal elements

Micro and macro structure Macrostructure = overall textual structural featuresE.g Independence of ST, conventional composition for this genre, thematic progressionMicrostructure = how the text hangs together internally, how paragraphs, clauses and sentences are linked ( overlap with coherence and cohesion)

Register

FieldTenorModeDifference between register and style?

Cohesion

According to Halliday and Hassan ( 1976 ) there are five main cohesive elements: -‐

i) Referenceii) Conjunctionsiii) Substitution iv) Ellipsisv) Lexical cohesion

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Syntax and punctuation Lack or overuse of punctuation in general or any

specific punctuation markerTypicity of punctuation use for ST text genreSentence structures standard or abnormal in any way?Sentence lengthWord orderArchaisms in syntaxTypicity of sentence structures for ST text genre

Lexis/terminology Formulaic languageArchaismsCollocationsFormalityTechnicalityBorrowings or foreign wordsWords derived from other languagesFigurative language

Pair work exercise Get into pairs, preferably with someone who is NOT in your language combination.Go through together the text which you have been given and use the checklist you have been given to record any salient features you consider worthy of comment in a pre-‐translation analysis of the document. Be prepared to discuss your findings with the class at the end of the session.

Pre-‐translation analysis of Report on Title and Transfer of Part

ContextualisationTwo separate but related, complete documentsTwo separate authors and functions but same legal domainJurisdiction common law of England and WalesReport on title produced by solicitor for client who is buying property, advising on legal matters in relation to land subject of purchaseTransfer of part is a legally binding transfer of land prepared by a solicitor intended for another solicitor and for signature by clientBoth texts inflexible and author of one not available for clarification

16

Format and structureReportTypical report structure numbered headed paragraphsTransfer of partFollows genre conventions for formatting : -‐

list of defined terms, headed sections of the text, (transfer, covenants and schedules) use of numbering, capitalisation of initial letter of defined terms, and capitalisation of performative sections

Register

Report

Field land lawMode written to be readTenor formal but accessible (non binding legal document supposed to be intended for lay person) Mix of formal and informal eg use

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Transfer

Field land law/conveyancingMode written to be readTenor formal, impersonal. Evidenced by: -‐defined terms, capitalisation, avoidance of personal pronouns in favour of role identifiers, avoidance of colloquialisms, formulaic language, word strings etc

CohesionReport

Very little ellipsis or substitution Lots of repetition, little use of pronounsLots of domain specific lexisLots of references to other documentsConjunctions, mixture of simple and complex, with former predominating

Transfer

Hardly any punctuationVery little use of pronominalsSignificant use of repetitionVery little if any ellipsis or substitutionWord strings strings of near synonyms

Many complex subordinating conjunctions

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Syntax and punctuation Report

Standard sentence length and structureTransfer

Excessively long sentence structuresMinimal use of punctuation (except parentheses)Archaic syntactic structuresPerformative

Lexis

Both documents have lots of domain specific terminologyBoth documents avoid colloquial or figurative language Transfer has much higher proportion of archaisms, formulaic language, performative language

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Potential translation problems

Different purpose and background knowledge of recipient in the two textsBoth documents very domain and jurisdiction specific possible lack of equivalents in TT jurisdictionFormatting of both documents might be different from typical format of corresponding documents in TTNeed to break syntax down in transfer documentProblem of word stringsProblem of repetitionProblem of archaisms

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Overall issues to be aware of with this dissertation option

Group aspects of the commentary under headings rather than going through each section of the chosen text and discussing each aspect in turn in relation to each sectionDo not spend time discussing an aspect of the text which is not problematic or of interest from a translation point of viewSub headings can be useful, no need to avoidThis is not a research dissertation in the sense of requiring you to carry out a study, so do not follow typical research dissertation format of abstract, literature review, research question statement, research methodology etc Normal academic referencing conventions still apply here . Use in-‐text short citation and full referencing in reference list at the end of the dissertation. Only refer to texts cited in the main body of your work. Ref-‐works is a useful tool to use. Proofreading very important. If possible get it proofread by a native English speaker friend/colleague. Include parallel texts and texts referred to for illustration purposes in an appendixRemember to back translate any examples into English

Exercise and checklist

Element of analysis

Comment on texts provided

Context and description

Subject matter

Author

Flexibility

Jurisdiction

Purpose

Presupposed knowledge of recipient

Brief and costing

Possible circumstances of translation/s

Possible purpose

Possible end user/s

Difficulties impacting on costing?

Format


Layout

Headings?

Optical signals?

Pictorial elements?

Structure

Document/s independent or embedded in larger document/s?

Is there a standard format for

this genre? Does this document comply with this?

Register

Field?

Tenor?

Mode?

Cohesion

Ellipsis?

Substitution?

Reference?

Conjunctions?

Lexis?

Punctuation and syntax


Overuse /underuse of

punctuation?

Punctuation use typical or not of genre?

Sentence structure

Sentence length

Word order

Archaic syntax? Lexis

Formulaic language?

Archaisms?

Borrowing or words derived from other languages?

High degree of domain specific/technical terminology?

Figurative language?

Degree of formality?

Module 8 Dissertation wor kshop Option A : Evaluation of data and construction of argument

ppt lecture notes Option B: constructing the reflective component / commentary

ppt lecture notes text for translation brief

1

Dissertation workshop:Evaluation of materials Writing up -

Revision criteria

2

Results

linked to the original question posedare the outcome of the research conductedresults are produced by the method of research used and argued for in the methodology

3

Results -2

discussion of results needs to be closely linked to what you set out to dorelate back to your aims and your methodologywhat did you say you were going to achieve and how did you say you were going to go about it?

4

Evaluationdo the results support your thesis, are they vague / inconclusive?if they support:any statement made must be supported with reference to your own research results or the literatureyou must evaluate your results with respect to your thesis and aimsEstablish relevance to professional translation practice how do your results support translation work, professional translators, students

5

Uncertain, inconclusive results

if there are uncertain areas in your results or they are inconclusive:do not attempt to hide it / gloss over it or not address ityou must discuss it and show how you dealt with itgo back and see whether your methodology is appropriate

6

Inconclusive results

do you need to do some more reading?do you need to review your approach?are there additional questions you can ask?can you interpret the results with reference to additional ways of thinking about your topic?

2

7

Evaluation of inconclusive results

if your results do not at all support your original thesis:this is an outcome do not attempt to hide ityou must discuss it and evaluate why the outcome is completely opposite to what you expectedyou may need to go back to the literature and see whether different approaches would have helped (evaluate whether your methodology was inappropriate)

8

- results

it may be that non-outcome i.e. your study proves that

different etcyou must evaluate this outcome with respect to translation studieswhat effects does this have for translation work?

9

Recursiveness of research

research is like a spiral rarely linear progressionyou constantly revisit areas you have worked on before and reconsider them in the light of your outcomes you may need to go back to your reading and find more approachesyou may need to reconsider / rewrite your methodologyyou may need to reformulate your aims

10

Reformulation / review

if this is the case, write it up: it is an important part of your research method, process and outcomesyou will not be penalised for such reconsiderations but rewarded for ityou will be penalised if you do not address these issues, if you attempt to slide over them

11

Relevance for translation profession

in your discussion of results, you must establish a link to translation, evaluate what effects the outcome of your work have for practical translation workit is a reflection on how theoretical investigation supports the practical work of the professional translator

12

Revision criteria

1. Focus of research, structure of project, appropriateness of material, resources

2. Methodology3. Scientific weight / impact4. Coherence of argument / relevance of

information /correctness5. Communication and presentation

3

13

Focus of research, structure of project

Is this project tightly focused or is it too general?Does it establish a coherent thesis, develop appropriate aims?Is the structure meaningful, coherent, do all parts follow each other logically or are there jumps?Are there passages which should have been in a different chapter?

14

Appropriateness of material, resources

Is the raw data (texts, translations, parallel texts)relevant to the topic? Are there sufficient texts to substantiate the argument, or to develop a problem/thesis out of?Is the secondary literature consulted relevant and appropriate?

important contributions missing?Is work included that is not relevant, misleading?

15

Scientific weight / impactHow does the topic relate to research in translation studies? Does the project address something where there is a perceived / real gap or is it just another study on an aspect well covered?Is the argument, content, thesis derivative or are there original observations, comments, elements in it? Is the discussion relevant or entirely descriptive, anecdotal and/or does not contribute to an understanding of the chosen aspect of translation studies?

16

Impact - argumentCould existing literature (and to what extent) be used to develop the argument was it necessary to

solutions?

developed, the more credit, even if perhaps comments appear somewhat less polished than comparable discussions where there is ample literature available.Is the discussion entirely descriptive or are there analytical, evaluative, original elements to it?

17

Methodology

Does the chosen approach make sense with respect to the topic of research? Is it described and explained properly (i.e. is a rationale given for choice of methodology)?Is it applied appropriately, thoroughly and consistently or does the project deviate from what is outlined at the beginning?

18

Fine-tuning methodology

If there are problems with the methodology, have they been addressed, evaluated and recommendations made?Was it necessary to develop a questionnaire, survey etc to fulfil the aims outlined for the project?Was there awareness of this need, was it carried out appropriately? If not, was the need addressed and identified as an area for future research?

4

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Coherence of argument / relevance of information /correctness

Does the argument make sense and is it developed in a logical, meaningful way, making each step transparent and providing relevant information to substantiate points made?Are there digressions, irrelevant points / paragraphs or does everything relate to the topic of research and the aims outlined at the beginning? Are there factual mistakes, misinterpretations of the data, wrong conclusions drawn? Is the relevant literature used to develop the argument and support it? Are there gaps, issues not addressed, inconsistencies?

20

Presentation and communication

Is the language tight, concise, cohesive or is it loose, digressing, irrelevant?Is correct and appropriate terminology used?Does it address the issues using the metalanguage or is the discussion conducted in general and descriptive language?Is it appropriately formal, academic, non-

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Dissertation workshop Annotated translation II Questions

1. Does the annotation have to cover all the issues of note in the text or just a sample of the main issues and if the sample route is correct, do we have to include an appendix with all issues of that type?

Q 1 answer You need to classify the types of key and representative problems encountered in the text, and then select prime examples of each to comment on. Up to you how you do so and whether you choose to use an appendix with wider examples YOU ARE THE AUTHOR OF YOUR OWN DISSERTATION, AND THESE CHOICES ARE FOR YOU TO MAKE YOURSELF THERE IS NO PRESCRIPTIVE RUBRIC ON THIS OCCASION

2. How do we identify problem areas in the text? There is no line numbering but do we highlight them using academic footnote numbering?

Q 2 answerThis is entirely up to your own judgment. There are various possible options and you can choose from these or devise your own method. Key is to explain and justify your selected method. Again, remember that this is YOUR work, and so editorial decisions are entirely up to you.

Possible options: -‐Line numberingHighlighting with academic footnote numberingColour coding according to problem type

3. Can we see an example of a full annotated translation and analysis so we can get an idea of what it should look like?

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Q 3 answer

this dissertation on this course. However, they key thing to note is that you have covered all the individual elements of the dissertation in your various different assignments: -‐terminology research, documentation of resources, commentary writing on register, cohesion and pre-‐translation analysis generally, annotations in relation to translation problems, and bibliography.

4. In the annotations, are we supposed to reference theorists as we have done in the assignments? (ieconceptual gap (Newmark) Does it also follow that we would also have to identify the theorists behind any translation solutions we use (iesubstitution, transference) or is it sufficient to identify the solution?

Q 4 answerAs this is an academic piece of writing, it follows that you need to cite in text and reference at the end all sources used in accordance with Harvard conventions. Theorists should therefore be cited and referenced accordingly. As regards translation solutions, it is not strictly speaking necessary to reference theorists behind particular translation solution terminology ( eg transference) BUT it might be a good idea to do so as different theorists use terms in different ways, so transference according to Baker might not apply to the same concept as transference according to Munday, for example.

5. Do you want us to deal with industry specific jargon in any specific way? For example, collocational usage common within a field that can be derived from comparable texts how are we to reference this, or do we need to make any reference at all?

Q 5 answer Again, it is largely up to you how you deal with this. Use of parallel texts is encouraged, and these must of course be attached as appendices and properly referenced. If you use parallel texts, you must make it clear in the main body of your text how you have used them, as the appendices support or act as examples for points made in the main body of the text. You will need therefore to use highlighting or colour coding to pick out the sections or terms in the parallel text that you are using to illustrate your points in your discussion. They key thing to remember is that it must be transparent to the reader what you are using the parallel text for, or to examplify.

6. How do we deal with terminology? Should we use entry forms? If so is it better to put them in the main body of the text or in appendices at the end? How do entry forms count towards the word count?

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Q 6 answer It is largely up to you how you deal with terminology and whether you decide to use entry forms or not. If you do, then it is probably advisable to insert these as an appendix, as otherwise they will interrupt the flow of the argument in your discussion; however, if there are only a few entry forms, then you might want to include them in the main body of the discussion. If they are in the appendix, then they are not included in the word count, but equally they are not deemed part of the main argument and will not therefore be marked so carefully. If they are in the main body of the text, then the definitions and comments will be counted as part of the word count, but not any of the other sections.

7. How are we supposed to structure the commentary ? Is there a set structure?

Q 7 answerAs you might have guessed, there is no fixed structure to the commentary (for general formatting instructions, see dissertation handbook) it us up to you how you structure the commentary, and we looked at various options in the last workshop session. The point to emphasise is that what you must NOT do is go through the text chronologically, commenting on each problem encountered in order. Personally my preferred structure would be: -‐1. Contextualisation of the ST2. Translation brief and costing3. Pre-‐translation analysis ( could include contextualisation of ST and translation brief and

costing as first two sections) 4. Identification of translation problems and proposed solutions, categorised according to

nature of problem (eg non equivalence at word level, cultural problem, formatting issues, register, collocational issues etc)

5. Documentation of research (could be incorporated in section on translation problems and solutions

6. Bibliography

8. What is the point of the translation brief and the costing? How specific do I have to be with the costing?

Q 8 answerThis is the section of the dissertation which most closely links to professional practice. The costing is not really important per se, and does not need to be accurate in terms of a precise figure. Its aim is to make you think about the relative difficulty of the text and whether there is anything about it that would justify you in costing it more highly than at a standard rate.

9. What should the brief address?

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Q 9 answerTypical brief should address the following issues: -‐

What is the purpose of the translation?Who is the commissioner?When will the TT be used?Who is the target readership/addressees?What background knowledge do they have?Will there be cultural difference?Will there changes to the original text? (i.e. does the translator have to intervene in order to fit the translation to the purpose and the reader?)

Now look at the sample text and accompanying brief

Task 1

In small groups, draft a translation brief i) either for one of your dissertation texts, or ii) for the text you have been given. Make notes and be prepared to present to the rest of the class on the visualiser

Task 2

In small groups, discuss the structure of your commentary. Do you all intend to structure it in the same way or differently? Does the nature of your text determine the structure in any way?

Be prepared to explain your proposed structure to the class.

23

ArgumentCould existing literature (and to what extent) be used to develop the argument was it necessary to

solutions?

the more credit, even if perhaps comments appear somewhat less polished than comparable discussions where there is ample literature available.Is the discussion entirely descriptive or are there analytical, evaluative, original elements to it?

24

Coherence of argument / relevance of information /correctness

Does the argument in the commentary make sense and is it developed in a logical, meaningful way, making each step transparent and providing relevant information to substantiate points made?Are there digressions, irrelevant points / paragraphs or does everything relate to the key aims of the commentary outlined at the beginning? Are there factual mistakes, wrong conclusions drawn? Is the relevant literature used to develop the argument and support it? Are all sources appropriately referenced? Are there gaps, issues not addressed, inconsistencies?

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25

Presentation and communication

Is the language tight, concise, cohesive or is it loose, digressing, irrelevant?Is correct and appropriate terminology used?Does it address the issues using the metalanguage or is the discussion conducted in general and descriptive language?Is it appropriately formal, academic, non-‐judgmental,

Text for exercise: constructing a brief

FAO A.J. Martin Moorcroft Debt Recovery Limited Pre-Court Division PO Box No 17 2 Spring Gardens Stockport, SK1 4AJ

Date: 4 May 2010

Your Reference: 005519265100(D-PC107)

Your Client Reference: CL107954101

My Reference: SH/T V A I M /72

Please quote this reference in all communications

R E : C L A I M T O C O L L E C T PA Y M E N T A G A INST A N A L L E G E D L Y UN C L E A R E D A C C O UN T

Dear Sir or Madam,

I am writing to you in response to your letter of 28 April 2010, which I received today on 4 May 2010.

As I have never entered into any contract with yourselves, I fail to see your legal standing in this matter and following this letter I will not enter into any further communication with yourselves until such time as you have provided me with a copy of any authorisation you may hold from VIRGIN MEDIA to act on their behalf.

However, in the interest of clearing up what is clearly either an administrative mistake or a clerical error, please find below my response to your letter:

1) In your letter you claim to be acting as agents for VIRGIN MEDIA, and you state that collect payment against uncleared accounts

Although you claim to be acting for VIRGIN MEDIA, I do not have any evidence of that other than your letter. I have not been contacted by VIRGIN MEDIA to inform me of any resort to a debt collection agency, nor have you provided a copy of any such authorisation with your letter. I hereby expressly notify you of the fact that any information divulged by me in this letter is provided in good faith, in the belief that you are indeed acting for VIRGIN MEDIA, and in the hope of quickly and


unbureaucratically resolving the current situation. The use of any of the information provided for any purposes other than the abovementioned is expressly prohibited.

2) collect payment against uncleared accounts As you may or may not be aware, I do not currently have an account with VIRGIN MEDIA. Although I did have an account originally with Telewest Broadband, their predecessors, from August 2005 and subsequently with VIRGIN MEDIA on their take-over of the above mentioned company, I terminated that account with effect from 1st March 2010.Following termination of the said account, I settled all outstanding amounts due to VIRGIN MEDIA (£29.00) on 9th March 2010. This payment was made by HSBC Visa debit card, and I have bank statements to verify the aforementioned payment. At the time of payment, I asked the customer services adviser to confirm orally that this was full and final settlement of any and all amounts owed by myself to your client VIRGIN MEDIA, and she confirmed this was the case. Therefore from my perspective at that point I had settled my account with VIRGIN MEDIA, and I have indeed not received any requests for payment from them since. For the avoidance of doubt, I do not acknowledge that I owe any debt to V IR G IN M E DI A or yourselves. Quite apart from the fact that I do not believe that I do owe any debt, I am baffled as to why VIRGIN MEDIA have (apparently) instructed a debt collection agency without even sending so much as an invoice, a reminder or indeed any sort of request for payment. I consider this approach to be a deliberate attempt to intimidate people into paying sums they may or may not owe, and if I were not a qualified lawyer, I would have been somewhat disconcerted by your letter. Moreover, I am concerned that you may be using similar intimidation tactics with other current and ex account holders at the request of your client, who are less aware of their legal rights, and bullying these account holders into making payments on the basis of no evidence whatsoever that such sums are in fact due and owing. As you will no doubt be aware, it is up to you to prove my liability for any debt you claim I might owe you or your client. As I have stated above, I do not believe that I do owe any debt, but of course I would be happy to pay any amount legitimately outstanding. However, in order to assess any legitimate claim VIRGIN MEDIA might have, it would be necessary for me to see any documentation relied upon to establish any such liability, as well as a detailed breakdown showing precisely how the alleged unpaid balance of £125 has been arrived at. In view of the fact that you state that

their records show that [my] account has an unpaid balance of £125 uld not be difficult to locate those records to substantiate your claim.

3) You stated that if I had difficulties in paying the amount in full, it was important that I contacted you immediately.


As I have pointed out above, I do not believe that I do owe VIRGIN MEDIA the sum claimed or indeed any sum. However, I can confirm that I am in a position to pay the amount in full, and indeed that I am willing to do so, provided that you can show that any such sum is legitimately due and owing. I did not receive your letter of 28th April until this morning (4th May), as I was away over the bank holiday break.

I trust that the above response to your claim satisfies you and/or your client that this claim for monies owed by myself to your client is in error, and I look forward to receiving your confirmation that this matter is now closed.

In the unlikely event that this is not the case, I summarise again below what I expect to see in any further communication you may wish to send to pursue this claim:

1) A copy of your written authority to act on behalf of VIRGIN MEDIA; 2) Copies of any bills, reminders or other payment requests allegedly sent by VIRGIN

MEDIA in respect of this alleged debt; 3) A copy of the contract establishing my liability for any sum claimed; 4) A detailed breakdown of how the sum claimed has been arrived at, including any

payments made to the account up to and including the payment listed above, which I believed to be the final payment;

5) A copy of your complaints procedure. On a final note, I have always been a staunch supporter and promoter of your client and the services they provided, and have in the past recommended them to friends and family, some of whom have in turn become customers at my suggestion. However, given their extremely high-handed and inappropriate action in instructing yourselves to act for them in a debt recovery claim against me which is totally unsubstantiated, without any prior invoice, reminder, warning letter or notification of having instructed yourselves in this matter, I shall certainly not be recommending them in the future, and in fact will make sure that I inform anyone who is interested of the way in which I have been treated.

Yours faithfully,

Sarah Hall