This corpus-based study investigates the complex relationship between conventional and creative legal phraseological units in authentic written pleadings before the European Court of Human Rights (ECtHR). The analysis is carried out on three subcorpora: (a) pleadings translated by L2 translators from Russian into English, (b) pleadings translated from Italian into English by L2 translators and (c) pleadings drafted in English by native speakers. Over the last thirty years, Translation Studies put the linguistic deviation occurring during translation among its principal research directions. Translation into a foreign language (L2 translation) is another rapidly growing field fuelled by globalisation, which raises issues of conventionality and deviation, linked but not limited to the phenomenon of interference. Legal translation, in addition to linguistic factors, is conditioned by the tension between the legal systems, paving the way for different language dynamics. This study compares distributional patterns of legal phraseological units – focusing on complex prepositions – across the corpora and analyses typicality of frequencies and patterning as well as quantity and quality of linguistic variation. The results provide confirmatory evidence about the combination of creative and conventional phrasemes in translated pleadings. The results may also be of some use for Russian-to-English and Italian-to-English translators, helping them avoid interference, use of unnatural or overly conservative patterns.

New balance of conventionality: phraseological patterns in L2 translations of written pleadings before the European Court of Human Rights / J. Nikitina - In: Worlds of Words : Complexity, Creativity, and Conventionality in English Language, Literature and Culture. Vol. 1: Language / [a cura di] V. Bonsignori, G. Cappelli, E. Mattiello. - Pisa : Pisa University Press, 2019. - ISBN 978-88-3339-243-1. - pp. 313-324

New balance of conventionality: phraseological patterns in L2 translations of written pleadings before the European Court of Human Rights

J. Nikitina
2019

Abstract

This corpus-based study investigates the complex relationship between conventional and creative legal phraseological units in authentic written pleadings before the European Court of Human Rights (ECtHR). The analysis is carried out on three subcorpora: (a) pleadings translated by L2 translators from Russian into English, (b) pleadings translated from Italian into English by L2 translators and (c) pleadings drafted in English by native speakers. Over the last thirty years, Translation Studies put the linguistic deviation occurring during translation among its principal research directions. Translation into a foreign language (L2 translation) is another rapidly growing field fuelled by globalisation, which raises issues of conventionality and deviation, linked but not limited to the phenomenon of interference. Legal translation, in addition to linguistic factors, is conditioned by the tension between the legal systems, paving the way for different language dynamics. This study compares distributional patterns of legal phraseological units – focusing on complex prepositions – across the corpora and analyses typicality of frequencies and patterning as well as quantity and quality of linguistic variation. The results provide confirmatory evidence about the combination of creative and conventional phrasemes in translated pleadings. The results may also be of some use for Russian-to-English and Italian-to-English translators, helping them avoid interference, use of unnatural or overly conservative patterns.
creativity; conventionality; legal phraseology; legal translation; complex prepositions.
Settore L-LIN/12 - Lingua e Traduzione - Lingua Inglese
2019
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2434/939460
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