مفهوم التواصل في النص القانوني المترجم

Abstract

The concept of communication in the translated legal text

The concept of communication is considered among the basic concepts in translation, as it represents the cornerstone of the success of the translation process. The linguist, Romain Jacobson, was among the first theorists to talk about it, through the oral communication scheme that he applied based on language functions. When translation theorists used this scheme, such as Peter Newmark and others, translation became seen as a communicative process after it was a linguistic process par excellence, which opened new horizons in academic research related to translation. In the old days, the translator used to transfer a specific text from a source language to a target language with his focus on simply delivering the same amount of knowledge to the reader. But, nowadays, his responsibility has doubled to deliver and understand, relying on possible approaches such as the communicative approach based on dealing with texts as messages. It should be encoded by the translator and sent to the target reader. If the Jacobsonian communication scheme has been used in translation in general, can it be relied upon in legal translation, knowing that it raises a number of problems that distinguish it from other translation disciplines? We see that communication in legal translation passes through several stages before it ends for the future or target legal reader, and accordingly we target in the first place what legal translation is, with an explanation of its specificity, and in the second place we address the characteristics of the legal text with a focus on the features of the text of the Universal Declaration of Human Rights. Thirdly, we review the conditions of the legal translator, and we tackle the legal system. Fourth, and finally, we propose a legal communication scheme. It can be said that the legal translator has an effective role in delivering a legal message that originates to a legal reader with a goal. So, the more this translator knows his field of specialization, the more he will be able to carry out his task, which is not only limited to delivering legal information but also goes beyond understanding the target reader by producing an accurate and concise translation, whenever possible, which is characteristic of the law in general.