Legal translation

Legal translation theory brooks little interference with the source legal text. With few exceptions (Joseph 2005; Hammel 2008; Harvey 2002; Kahaner 2005; Kasirer 2001; Lawson 2006), lawyers and linguists tend to tether themselves to the pole of literalism. More a tight elastic band than an unyielding rope, this tether constrains — rather than prohibits — liberal legal translations. It can stretch to accommodate a degree of freedom by the legal translator however, should it go too far, it snaps back to the default position of linguistic fidelity. This ‘stretch and snap’ gives legal translation a unique place in general translation theory. In the general debate over the ‘degree of freedom’ the translator enjoys in conveying the meaning of the text, legal translation theory has reached its own settlement. Passivity is the default; creativity, the ‘qualified’ exception (Hammel 2008: 275).

Pour une éthique du traducteur poéticien

This doctoral thesis starts with a comprehensive introduction seeking to anchor the problematics of the ethics of the poetician translator (a translator of literary and similar texts) in a theoretical framework drawing on moral philosophy. This introductory section is followed by six published papers (four journal articles and two papers from conference proceedings), forming the main body of the thesis, which progressively develop a possible application of this theoretical framework. Starting from the acknowledgement that one of the ethical stakes in translation is constructed around the relation to the foreign and to the other , the translation process is scrutinized through the prism of the philosophies of Dialogue , focusing on how the translating actors relate to their task. The central notions around which philosophies of Dialogue are built are introduced and applied to translation. The question of intersubjective relations, addressed from a philosophical perspective, is developed with the help of the works of Martin Buber, Gabriel Marcel, Emmanuel Levinas and Paul Ric ur. The introductory section presents and explicates the thought of each of these philosophers and extracts the concepts that are then developed in the articles and conference papers collected here. Each paper concentrates on the notions of one of the philosophers referred to above and places these notions in perspective with other philosophies of Dialogue. All the papers contribute to explicating the relationship between the multiple philosophical notions that address the problematics of alterity and the condition of the translator. The work as a whole leads to the idea that the task of the poetician translator is not only to translate a text properly but above all to rouse and increase the desire of linguistic communities to live together.

Measuring attitudes in translation: a study of Nokia business reports

Background Contemporary Finnish, spoken and written, reveals loanwords or foreignisms in the form of hybrids: a mixture of Finnish and foreign syllables (alumiinivalua). Sometimes loanwords are inserted into the Finnish sentence in their raw form just as they are found in the source language (pulp, after sales palvelu). Again, sometimes loanwords are calques, which appear Finnish but are spelled and pronounced in an altogether foreign manner (Protomanageri, Promenadi kampuksella). Research Questions What role does Finnish business translation play in the migration of foreignisms into Finnish if we consider translation "as a construct of solutions determined by the ideological constraints and conflicts characterizing the target culture" (Robyns 1992: 212)? What attitudes do the Finns display toward the presence of foreignisms in their language? What socio-economic or ideological conditions (Bassnett 1994: 321) are responsible for these attitudes? Are these conditions dynamic? What tools can be used to measure such attitudes? This dissertation set out to answer these and similar questions. Attitudes are imperialist (where otherness is both denied and transformed), defensive (where otherness is acknowledged, transformed, and vilified), transdiscursive (a neutral attitude to both otherness and transformation), or finally defective (where alien migration is acknowledged and "stimulated") (Robyns 1994: 60). Methodology The research method follows Rose's schema (1984: 8): (a) take an existing theory, (b) develop from it a proposition specific enough to be tested, (c) devise a scheme that tests this proposition, (d) carry through the scheme in practice, (e) draw up results and discuss conclusions in relation to the original theory. In other words, the method attempts an explanation of a Finnish social phenomenon based on systematic analyses of translated evidence (Lewins 1992: 4) whereby what really matters is the logical sequence that connects the empirical data to the initial research questions raised above and, ultimately to its conclusion (Yin 1984: 29). Results This research found that Finnish translators of the Nokia annual reports used a foreignism whenever possible such as komponentin instead of rakenneosa, or investoida instead of sijoittaa, and often without any apparent justification (Pryce 2003: 203-12) more than the translator's personal preference. In the old documents (minutes of meetings of the Board of Directors of Osakeyhtio H. Saastamoinen, Ltd. dated 5 July 1912-1917, a NOPSA booklet (1932), Enzo-Gutzeit-Tornator Oy document (1938), Imatra Steel Oy Annual Report 1964, and Nokia Oy Annual Report 1946), foreignisms under Haugen's (1950: 210-31) Classification #1 occurred an average of 0.6 times, while in the new documents (Nokia 1998 translated Annual Reports) they occurred an average of 6.5 times. That big difference, suggests transdiscursive and defective attitudes in Finnish society toward the other. In the 1850s, Finnish attitudes toward alien persons and cultures were hardened, intolerant and prohibitive because language politics were both nascent and emerging, and Finns adopted a defensive stance (Paloposki 2002: 102 ff) to protect their cultural and national treasures such as language and folklore. Innovation The innovation here is that no prior doctoral level research measured Finnish attitudes toward foreignisms using a business translation approach. This is the first time that Haugen's classification has been modified and applied in target language analysis. It is hoped that this method would be replicated in similar research in the future. Applications For practical applications, researchers with interest in languages, language development, language influences, language ideologies, and power structures that affect national language policies will find this thesis useful, especially the model for collecting, grouping, and analyzing foreignisms that has been demonstrated here. It is intended to document for posterity current attitudes of Finns toward the other as revealed in business translations from 1912-1964, and in 1998. This way, future language researchers would be able to explore a time-line of Finnish language development and attitudes toward the other. Communication firms may also find this research interesting. In future, could the model we adopted be used to analyze literary texts or religious texts for example? Future Trends Though business documents show transdiscursive attitudes, other segments of Finnish society may show defensive or imperialist attitudes. When the ideology of industrialization changes in the future, will Finnish attitudes toward the other change as well? Will it then be possible to use the same kind of analytical tools to measure Finnish attitudes? More broadly, will linguistic change continue in the same direction of transdiscursive attitudes, or will the change slow down or even reverse into xenophobic attitudes? Is this our model culture-specific or can it be used in the context of other cultures? Conclusion There is anger against foreignisms in Finland as newspaper publications and television broadcasts show, but research shows that a majority of Finns consider foreignisms and the languages from which they come as sources of enrichment for Finnish culture (Laitinen 2000, Eurobarometer series 41 of July 1994, 44 of Spring 1996, 50 of Autumn 1998). Ideologies of industrialization and globalization in Finland have facilitated transdiscursive tendencies. When Finland's political ideology was intolerant toward foreign influences in the 1850s because Finland was in the process of consolidating her nascent country and language, attitudes toward the importation of loanwords also became intolerant. Presently, when industrialization and globalization became the dominant ideologies, we see a shift in attitudes toward transdiscursive tendencies. Ideology is usually unseen and too often ignored by translation researchers. However, ideology reveals itself as the most powerful factor affecting language attitudes in a target culture. Key words Finnish, Business Translation, Ideology, Foreignisms, Imperialist Attitudes, Defensive Attitudes, Transdiscursive Attitudes, Defective Attitudes, the Other, Old Documents, New Documents.

From Iron Horse to Rauta-airot - a Semiotic View on the Domestication of Metaphors in Literary Translation

The thesis concentrates on two questions: the translation of metaphors in literary texts, and the use of semiotic models and tools in translation studies. The aim of the thesis is to present a semiotic, text based model designed to ease the translation of metaphors and to analyze translated metaphors. In the translation of metaphors I will concentrate on the central problem of metaphor translations: in addition to its denotation and connotation, a single metaphor may contain numerous culture or genre specific meanings. How can a translator ensure the translation of all meanings relevant to the text as a whole? I will approach the question from two directions. Umberto Eco's holistic text analysis model provides an opportunity to concentrate on the problematic nature of metaphor translation from the level of a text as a specific entity, while George Lakoff's and Mark Johnson's metaphor research makes it possible to approach the question from the level of individual metaphors. On the semiotic side, the model utilizes Eero Tarasti's existential semiotics supported by Algirdas Greimas' actant model and Yuri Lotman's theory of cultural semiotics. In the model introduced in the thesis, individual texts are deconstructed through Eco's model into elements. The textual roles and features of these elements are distilled further through Tarasti's model into their coexistent meaning levels. The priorization and analysis of these meaning levels provide an opportunity to consider the contents and significance of specific metaphors in relation to the needs of the text as a whole. As example texts, I will use Motörhead's hard rock classic Iron Horse/Born to Lose and its translation into Rauta-airot by Viikate. I will use the introduced model to analyze the metaphors in the source and target texts, and to consider the transfer of culture specific elements between the languages and cultural borders. In addition, I will use the analysis process to examine the validity of the model introduced in the thesis.

Den brændende Fakkel : Om dobbeltgrebet i Knud Lyne Rahbeks liv og revolutionsroman

Professor Knud Lyne Rahbek was a novelist, playwright, poet, magazine editor, journalist, socialite person, host of the Bakkehus , historian, theatre manager, translator, publisher etc., but his versatility either side of 1800 is better known than read and more despised than understood. In terms of methodology, the thesis is based on biographical, historical and philological research, while at the same time making use of formalistic and close reading methods. This study begins and ends with 7th of February 1800, when Kamma and Knud Lyne Rahbek join the exiled P.A. Heiberg at the inn near Frederiksberg Castle. What falls between is an interpretation of Rahbek s works in the service of democracy, human rights and freedom of the press as a pragmatic navigation between activities - both subversive and legitimate. Posterity mistook this range as mere spinelessness, and Rahbek was relegated to the literary and historical margins as an anachronism and as a jack of all trades, who did not know what he really wanted and therefore flitted about in so many fields just to be present. But Rahbek s problem was not one of standpoint, but rather how to find a balance between totalizing attitudes and confrontations between rebellious idealism and deep-rooted absolutism, without foregoing his belief in enlightenment, humanism and tolerance. In this way, and also through his personal conduct, which at that time was seen as jovial bonhommie, he made his contribution to the development of modern democratic Denmark in the full awareness of a popular, peaceful and down-to-earth community. Rahbek s principal work about the event of the French Revolution, which provides the focus for the above, is Camill og Constance. Et Revolutions Skilderie (1799). For today s reader, the novel about the revolution is an obvious example of a historical novel, as it does not only provide fictionalized information about past events placing them in a generally accepted perspective of historical development, but also gives the characters qualities, which, in Rahbek s words, allows the real events to influence the fictional characters. From this point of view, the novel of the revolution has shifted the benchmark for the first real historical novel on the European literary scene back by fifteen years. Lacking the aura so easily foisted on fearless iconoclasts or tragic losers, Rahbek s contribution may seem modest in spite of its enormous volume; but only when it is not evaluated in its full context, which is the development of Denmark towards an international democratic society.

My Fair Lady på skandinaviska : En studie i funktionell sångöversättning

The dissertation presents a functional model for analysis of song translation. The model is developed on the basis of an examination of theatrical songs and a comparison of three translations: the songs of the Broadway musical My Fair Lady (Lerner and Loewe, 1956), made for the premiere productions (1959–1960) in Swedish, Danish, and Norwegian. The analysis explores the three challenges of a song translator: the fitting of a text to existing music, the consideration of a prospective sung performance, and the verbal approximation of the content of the source lyric. The theoretical foundation is based on a functional approach to translation studies (Christiane Nord) and a structuralist/semiotic analysis of a theatrical message (Ivo Osolsobě, building on Roman Jakobson). Thus, three functional levels in the fitting of a text to music are explored: first, a prosodic/phonetic format; secondly, a poetic/rhetoric format; and thirdly, semantic/reflexive values (verbalizing musical expression). Similarly, three functional levels in the textual connections to a prospective performance are explored: first, a presentational goal; secondly, the theatrical potential; and thirdly, dramaturgic values (for example dramatic information and linguistic register). The functionality of Broadway musical theatre songs is analyzed, and the song score of My Fair Lady, source and target lyrics, is studied, with an in-depth analysis of seven of the songs. The three translations were all considered very well-made and are used in productions of the musical to this day. The study finds that the song translators appear to have worked from an understanding of the presentational goal, designed their target texts on the prosodic and poetic shape of the music, and pursued the theatrical functionality of the song, not by copying, but by recreating connections to relevant contexts, partly independently of the source lyrics, using the resources of the target languages. Besides metaphrases (closest possible transfer), paraphrases and additions seem normally to be expected in song translation, but song translators may also follow highly individual strategies – for example, the Norwegian translator is consistently more verbally faithful than the Danish and Swedish translators. As a conclusion, it is suggested that although linguistic and cultural difference play a significant role, a translator’s solution must nevertheless be arrived at, and assessed, in relation to the song as a multimedial piece of material. As far as a song can be considered a theatrical message – singers representing the voice, person, and situation of the song – the descriptive model presented in the study is also applicable to the translation of other types of song.

The File Marked "Rita". Selections from the Letters of Herbert Mueller and Rita Klein (1939-1945) 1939-1946

Exchange of letters between Herbert Mueller and Rita Klein after Mueller's emigration to England in 1939; Rita Klein's attempt to obtain divorce; suicide attempt by her husband Leo Klein; correspondence through intermediaries after outbreak of World War II; notice of Rita Klein's deportation to Auschwitz; (translation from original German)

Herman Bernstein 1897-1935

Correspondence, clippings, manuscripts, notes, reports, relating to Bernstein's journalistic, literary and diplomatic careers. Correspondence with well-known literary, political and communal, society personalities, 1908-1935. Includes Cyrus Adler, Viscount Allenby, Joseph Barondess, Bernard Baruch, Henri Bergson, Hayyim Nahman Bialik, Jacob Billikopf, Vladimir Bourtzeff, Louis Brandeis, Robert Cecil, Fyodor Chaliapin, Jacob de Haas, Albert Einstein, Henry Ford, Felix Frankfurter, Herbert Hoover, Vladimir Jabotinsky, Horace M. Kallen, Peretz Hirschbein, Peter Kropotkin, Herbert Lehman, Louis Lipsky, Judah L. Magnes, Louis Marshall, Henry Morgenthau, Max Nordau, Adolph Simon Ochs, David de Sola Pool, Bernard G. Richards, Theodore Roosevelt, Julius Rosenwald, Jacob Schiff, Harry Schneiderman, Maurice Schwartz, George Bernard Shaw, Sholem Aleichem, Nathan Straus, Henrietta Szold, Chaim Tchernowitz, Leo Tolstoy, Samuel Untermyer, Henry Van Dyke, Lillian Wald, Felix Warburg, Chaim Weizman n, Jefferson Williams, Stephen Wise, Israel Zangwill. Correspondence and other materials relating to Bernstein's post as U.S. ambassador to Albania. Materials pertaining to Bernstein's editorial work at *The Day*, *Jewish Tribune*, *New York Herald*, *Jewish Daily Bulletin*. Materials pertaining to Bernstein's involvement with the American Jewish Committee. Correspondence with organizations including American Jewish Congress, *American Hebrew*, HIAS, *Jewish Chronicle* (London), Jewish Community of New York, *Menorah Journal*, *New York American*, *New York Times*, ORT, U.S. Dept. of State, Yiddish Art Theater, Zionist Organization of America. Articles, clippings, correspondence and court materials relating to the Ford libel suit. Miscellaneous documents and reports relating to the Paris Peace Conference, the Jewish situation in Russia, 1917-1920, Russian revolutionary events of 1917. News dispatches from Russia, 1917-1920s. Translations by Bernstein of Russian wri Andre yev,

Morris Rosenfeld papers, 1898.

Contains correspondence from M.R. and his translator, Leo Wiener, to F.H. Day, publisher, concerning M.R.'s poems in English translation, entitled, Songs from the ghetto.

Enhancing ethical data translation in educational qualitative research

Many educational researchers conducting studies in non-English speaking settings attempt to report on their project in English to boost their scholarly impact. It requires preparing and presenting translations of data collected from interviews and observations. This paper discusses the process and ethical considerations involved in this invisible methodological phase. The process includes activities prior to data analysis and to its presentation to be undertaken by the bilingual researcher as translator in order to convey participants’ original meanings as well as to establish and fulfil translation ethics. This paper offers strategies to address such issues; the most appropriate translation method for qualitative study; and approaches to address political issues when presenting such data.

Sangen ialo Rucous : Schwenckfeldiläisten rukouskirja Mikael Agricolan lähteenä

Sangen ialo Rucous. The prayer book of the Schwenckfeldiens as a source for Michael Agricola The significance of the prayer book published by the Finnish reformer Michael Agricola in the year of 1544 has not been comprehended enough among the prayer literature of the Reformation century. Especially in foreign research literature one of the era s most extensive and versatile prayer books has been practically disregarded. According to the prayer book, Agricola appears to be a traditionalist, who derives most of his source material from medieval and old church prayer books. The low number of the prayers from Evangelical prayer books is noteworthy. The study in hand examines Agricola s theology expressed in his translation work of the prayer book of the mystic spiritualistic Schwenckfeldien movement. The prayer book of the Schwenckdeldiens diverged from Lutheranism was called Bekantnus der sünden and it was composed around the year of 1526. Agricola is the only prayer book collector who has regarded it as necessary to add all the 45 prayers of the Schwenckfeldien prayer book and its introduction to his book. In the prayers containing the Schwenckfeldien communion theology and Christology Agricola has not changed the content of the text, apparently because he was not aware of the problems involved in the Schwenckfeldien theology. On a few occasions Agricola added points of view concerning the church, priesthood, preaching the Word and sacraments to his prayers, which the Schwenckfeldiens despised. From the ten additions four Agricola created himself, the rest he borrowed from Wolfgang Capito s prayer book. As a source Agricola used Capito s Latin prayer book together with the German text from Bekantnus. When looking at the studied material, Agricola does not turn out to be a creative translator. Even though he had a model for a less restricted translation in Wolfgang Capito s prayer book, he sticks to his habit of translating word by word. Because not even a good example has had a liberating effect on his translation principles, Agricola cannot be considered a theologically orientated writer. The translation of the Schwenckfeldien prayers Agricola starts with Capito s prayer book. Very soon he takes the Bekantnus alongside Capito s text and abandons the use of Capito s prayer book in the middle of the translation process. Comparing Agricola s translation with the two texts in different languages has made it possible to create the disposition theory described above. On the basis of the disposition theory it can be concluded that Agricola first worked out a precise plan for his prayer book. Then he translated prayers theme by theme using multiple sources at the same time. Later Agricola fixed the disposition, which does not seem to have a direct paragon. From the prayers of the Schwenckfeldien prayer book Agricola translated 26 texts using the Bekantnus as an only base, from Capito s prayer book he translated four texts and 17 texts he translated using the two basic texts simultaneously. In the previous studies, words and texts added by Agricola have been examined as one problem unit. In this study the additions have been placed into three different categories: additions consequential on tautological parataxis, specifying additions and additions significant to the content. Due to Agricola s meticulous translation techniques, there are so few additions. Agricola does not show his own creativity even in the additions significant to the content but uses there some complete sentences or word fragments from the other prayers he has translated. In the translations of the prayers there are some unique appearing words and the analysis of the translation work shed a new light on the background of their first literary appearance in Finnish. Agricola s linguistic abilities turned out to be great. In those prayers where Agricola uses both the German and Latin basic texts at the same time, the translation process is a very intensive twine made on the basis of the two sources.

Att skapa en helhet av fragment Om översättningen av kohesiva element i Sjóns Stålnatt

Abstract (Creating a whole from fragments. On the translation of cohesive elements in Sjón's Steelnight): In this paper, I discuss the Swedish translation of the Icelandic writer Sjón’s debut novel Steelnight: a story (in Swedish Stålnatt – en berättelse). Steelnight is a fragmented novel which is located at the border between poetry and prose. At the beginning of the story, the writer introduces two main plots (with subplots). At first glance, it may seem as though the plots do not share much in common. However, a closer analysis of the text reveals that there are striking parallels between the plots which are created partly by the writer’s use of cohesive elements. Thus, despite the fragmented style, the writer creates cohesion in the text by using stylistic means such as repetition of certain nouns and adjectives and by a frequent use of personal and demonstrative pronouns. This use of cohesive elements creates a challenge for the translator.

Det översättande jaget: homo significans – homo interpres

Abstract (The translating subject: Homo significans – homo interpres): A whole discipline, translation studies, is built around the translator’s acts and the translating event. What is the translating subject? How is (s)he working and why? I discuss some aspects of the translating subject, analyzed from literary translators’ descriptions of themselves in anthologies. Within the theoretical framework of semiotics and hermeneutics, I comment on the creative processes of literary translators, where they act as a medium in the translator’s space: an encounter of the author, the translator, and the reader. With respect to reading, interpreting, and translating a text, the translating subject is a homo interpres, i.e. a homo significans producing meaning. The goal of the translating subject is the chiasm of semiosis, the dynamic process when meaning is manifested in the semiosphere. The mission for the translating subject is to deal with the paradox: to create the same but other text. For the complexity of the act of reading, interpreting, and translating texts, I use the concept of palimpsest.

Att tolka namn i tiden. Om det socioonomastiska greppet

Abstract (The socio-onomastic approach and translation): The article adopts an onomastic perspective on the translation, and highlights the challenges posed by the given names. The newer socio-onomastic research has drawn attention to the emotive, appealing, ideological and integrative functions of the names, showing strong links with both the period and with society. In the article this is exemplified with ship names from the nineteenth century, which partly reflect classicism (Argo, Hercules, Juno, Neptunus) and national romanticism (Aallotar, Aino, Sampo, Wellamo). A special challenge is posed by the transparent names that evoke the actual words used, such as Penningdraken ('Money Dragon'), a ship that brought big money, and Människoätaren ('The man killer'), a ship where many sailors lost their lives. Names raise time-bound and culture-bound associations and the translator should be able to interpret the names as an embodiment of the society and the culture from which they originate.

Looking-Glass Reflections : Norms in translating Lewis Carroll

This thesis in the field of translation studies focusses on the role of norms in the work of a literary translator. Norms are seen as guidelines for the translator; they also reflect the way the target audience either accepts or rejects the translation. Thus they are of an intersubjective nature. The theoretical background of the study is based on the views on norms of Andrew Chesterman and Gideon Toury. The writer makes use of her own editing and publishing experience, as well as her experience in translating Lewis Carroll, considering these in respect to theoretical views of norms and vice versa. The aim is also to bring to light some of the tacit knowledge related to translating, editing and publishing in Finland. The study has three angles. First, the writer introduces the norms of Finnish literary translation as gathered from her own working experience. The sources from which these norms arise and which affect them are briefly described. Six central translation norms emerge; they are described and exemplified through cases of Carroll translation. Secondly, a small-scale questionnaire study is presented. This was carried out in order to sound the normative views of other translators and to limit the role of subjectivity. The views of the informants largely support the set of norms presented by the writer, although the norms of quotability and harmony between translation and illustration do not arise. Instead, the answers give rise to a seventh, ethical norm, which is labelled the norm of integrity. Thirdly, there is a brief presentation of Lewis Carroll, his Alice books and their translation history in Finland. The retranslation hypothesis and the motives of retranslation are considered in the light of the work of Outi Paloposki and Kaisa Koskinen. The final part of the thesis plunges into actual translation work. It includes one and a half chapters of Through the Looking-Glass (Alicen seikkailut peilintakamaassa) as translated into Finnish by the writer. The translation commentary first discusses a number of recurring and general translation points; the running commentary then analyses 77 individual translation solutions and their justifications. The writer uses introspection as a way of reflecting on her own translation process, its decisive points and the role of norms therein. Keywords: Translation studies, Carroll, norms