评复旦大学《法律英语》中的译注——兼谈法律专门术语翻译的基本原则

Comments on the Mistranslated Terms in English for the Legal Profession: Some Basic Rules of Translation of Legal Terms of Art

法律翻译的基本要求是严谨,即译入语应精确地表达源语的真正意涵。专门术语是法律英语中最重要的元素,因此,精确翻译专门术语是达到严谨的必要步骤。作为培训涉外法律翻译专业人才的基础教材,上海复旦大学《法律英语》一书中对英语专门术语的误译将对广大的学员与读者造成久远的影响,不容忽视。笔者在本文中一方面提出该书中比较明显及严重的错误,逐一加以讨论,同时对英语专门术语的翻译提出几个基本的实践原则。

The main goal of legal translation is to reproduce the content of the source text as accurately as possible, and correct and precision translation of legal terms of art is essential to accuracy in textual translation. As a textbook intended to provide Chinese law students with fundamental knowledge of American legal concepts as well as training in English legal language, English for the Legal Profession published by Fudan University leaves much to be desired insofar as the translation of English legal terms of art is concerned. In this article, some of the terms mistranslated by the editors are analyzed and explained, with the writer' s suggested translations. The writer also proposes a set of basic rules of translation of legal terms in the hope that they will serve as guidelines for Chinese legal translators.