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THE GOVERNMENT OF THE RUSSIAN FEDERATION Federal State Autonomous Educational Institution for Higher Professional Learning THE NATIONAL RESEARCH UNIVERSITY HIGHER SCHOOL OF ECONOMICS Faculty of Law Public and Private International Law Department First Year Master Degree Curriculum Field of Education 40.04.01 Jurisprudence Detailed Field Private International Law Level Master Degree Course Syllabus LEGAL TRANSLATION: AN APPLIED APPROACH Author of the Course S.V. Vlasenko, Ph.D. (Institute of Linguistics, Russian Academy of Sciences) Associate Professor ([email protected]) Approved at the Public and Private International Department session Natalya Y. Erpyleva Department Head ______________________________ September 4, 2015 (Protocol N4) Endorsed by the Academic Supervisor for the Private International Law Curriculum Natalya Y. Erpyleva Department Head ______________________________ September 4, 2015 (Protocol N4) Moscow, 2015

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Page 1: THE GOVERNMENT OF THE RUSSIAN FEDERATION - … ·  · 2015-09-14THE GOVERNMENT OF THE RUSSIAN FEDERATION ... First Year Master Degree Curriculum ... contextualization and

THE GOVERNMENT OF THE RUSSIAN FEDERATION

Federal State Autonomous Educational Institution

for Higher Professional Learning

THE NATIONAL RESEARCH UNIVERSITY

HIGHER SCHOOL OF ECONOMICS

Faculty of Law

Public and Private International Law Department

First Year Master Degree Curriculum

Field of Education 40.04.01 Jurisprudence

Detailed Field Private International Law

Level Master Degree

Course Syllabus

LEGAL TRANSLATION: AN APPLIED APPROACH

Author of the Course

S.V. Vlasenko, Ph.D. (Institute of Linguistics, Russian Academy of Sciences)

Associate Professor ([email protected])

Approved at the Public and Private

International Department session

Natalya Y. Erpyleva

Department Head

______________________________

September 4, 2015 (Protocol N4)

Endorsed by the Academic Supervisor

for the Private International Law

Curriculum

Natalya Y. Erpyleva

Department Head

______________________________

September 4, 2015 (Protocol N4)

Moscow, 2015

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NATIONAL RESEARCH UNIVERSITY HIGHER SCHOOL OF ECONOMICS Faculty of Law – Public and Private International Law Department

L E G A L TR A N S L A T I O N : AN AP P L I E D AP P R O A C H Masters Course – Year 2

Svetlana V. Vlasenko. LEGAL TRANSLATION: AN APPLIED APPROACH Masters Course Syllabus Page 2

COURSE DESCRIPTION

The Course is intended for masters’ students of law and other social sciences

and aims at training the essentials of legal translation in its practical application

formats. The Course is set for enhancing the knowledge and advancing the skills

acquired by students in the preceding years of their academic training. This is

achieved through the studying and improving of critical reading of authentic legal

texts both in English and Russian extensively used across multiple legal fields and

lawyering practices.

The Course aims at pooling the key concepts and categories available to-date

in the translation studies and forensic linguistics into elaborating a legal translation

framework in its practical application perspective. The text production capabilities

largely determined by translators’ linguistic proficiency appear to be basic and

crucial for the communicative competence underlying legal translation skills. Such

skills are recognized as technical due to abundant technicalities in legal language

and legal texts as stipulated by inherently complex and distant national legal

systems.

This Course allows for developing master students’ competences to advance

their knowledge across the following range of legal disciplines, such as private

international law, international banking law, international investment law,

international commercial arbitration, international civil procedure, corporate law,

and the EU contract law. This is believed to ensure an integrated approach with a

comprehensive coverage of the interdisciplinary nature of legal translation as the

resultant of complex issues associated with the law-and-language interaction.

PREREQUISITES

The Course draws on postgraduates’ knowledge acquired during their

preceding years of the university bachelor degree training in law, linguistics

and/or other social sciences, as well as on the skills developed prior as

necessitated by the academic curricula including, specifically, the academic

skills of critical thinking, critical reading, critical writing, and analytic

reviewing. Proficiency in general English at the mid or upper intermediate

level and general proficiency in legal English are desirable.

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NATIONAL RESEARCH UNIVERSITY HIGHER SCHOOL OF ECONOMICS Faculty of Law – Public and Private International Law Department

L E G A L TR A N S L A T I O N : AN AP P L I E D AP P R O A C H Masters Course – Year 2

Svetlana V. Vlasenko. LEGAL TRANSLATION: AN APPLIED APPROACH Masters Course Syllabus Page 3

The syllabus follows the comprehensive curricula designed for training

university masters students at the NRU HSE Faculty of Law in consistency

with the Russian Federation National Educational Standard for Higher

Learning Establishments (FGOS VPO) “Jurisprudence” endorsed by the RF

Education and Science Ministry Ordinance No.1763 as of 14 December 2010,

rev. as of 31 May 2011; Educational Curricular 030900 “Jurisprudence” for

masters’ degree in law, LL.M; NRU HSE Curriculum 030900.68

“Jurisprudence” for masters’ degree in Private International Law endorsed in

2014.

The Course includes the following theoretical and practical dimensions.

Theoretical dimensions:

legal translation status, social role and significance in the globalization

contexts;

major concepts of legal translation;

legal translation as a special type of professional communication; major

properties of legal discourse;

types and varieties of legal translation;

discrepancies within legal translation practices, traditions and usage;

theoretical approaches to legal translation quality, its attainability with

the view of providing equivalent target texts;

nature of equivalence in legal translation; restrictions in attaining

equivalence in legal translation and related issues;

linguistic and extra-linguistic complexities to be conveyed in legal

translation; pragmatic restrictions in legal translation.

Practical dimensions:

legal translation problems and available solutions in domestic and

international practices;

application of online tooling by students with the view of mastering

legal translation skills from Russian into English and vice versa;

lexicographic sources for legal translation; legal monolingual, bilingual

and multilingual lexicography; electronic dictionaries and web-tools;

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NATIONAL RESEARCH UNIVERSITY HIGHER SCHOOL OF ECONOMICS Faculty of Law – Public and Private International Law Department

L E G A L TR A N S L A T I O N : AN AP P L I E D AP P R O A C H Masters Course – Year 2

Svetlana V. Vlasenko. LEGAL TRANSLATION: AN APPLIED APPROACH Masters Course Syllabus Page 4

challenges associated with legal translation; contextualization and

localization, and other adaptation techniques;

critical reading and an in-depth analysis of authentic English legal texts

at the pre-translation stage; phasing-in and phasing-out approaches;

communicating legal rationale by identifying relevant linguistic devices

to be applied in legal translation;

detailed reviewing and analysing of specific issues associated with legal

translation through case studies.

LEARNING OBJECTIVES

The Course features several frameworks currently employed for the

classification of legal translation in terms of types, varieties of settings, and

communicative purposes. A comprehensive coverage of legal translation

domain is explored based on approaches suggested across English-speaking

jurisdictions. Other legal translation phenomena are studied in their

correlation with purely linguistic translational problems described in

general translation studies’ findings.

The Course major objectives comprise:

enhancing masters students’ skills of academic writing and legal

research in specific fields of law or related areas;

increasing masters students’ capabilities for communicating across the

English-speaking professional legal community, legal scholarly

community, and/or legal practitioners;

ensuring the English-speaking proficiency within a wide range of legally

relevant academic and professional issues for legal translation

purposes;

extending the skills required for legal translation in certain subject-

specific fields of law and producing an essay outlining the research

findings based on the academic writing conventions.

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NATIONAL RESEARCH UNIVERSITY HIGHER SCHOOL OF ECONOMICS Faculty of Law – Public and Private International Law Department

L E G A L TR A N S L A T I O N : AN AP P L I E D AP P R O A C H Masters Course – Year 2

Svetlana V. Vlasenko. LEGAL TRANSLATION: AN APPLIED APPROACH Masters Course Syllabus Page 5

LEARNING OUTCOMES

A. Competences

At the end of this Course students should gain the following competences:

comprehensive communicative competence which ensures graduates’

professional performance both in national and international settings;

extended language competence which ensures wider applicability of

findings in legal translation studies for practical purposes, lawyering, or

research by graduates both in national and in international settings;

wide-ranging intertercultural competence which ensures the

broadening of the graduates’ professional worldview due to their

continuous exposure to legal texts generated in several variants of English.

The Course delivers the following knowledge to masters’ students and at

developing their competences for ensuring their gaining:

the knowledge of:

essentials of legal translation in its practical application formats;

key concepts and categories available to-date in the translation

studies and forensic linguistics into elaborating a legal translation

integrated framework in practical application perspective;

communicative strategies underlying legal translation skills;

the skills of:

critical reading, critical thinking and critical assessing of authentic

English legal texts in several variants of legal English;

identifying basic features of legal texts and/or legal discourse with

the view of enhancing legal translation quality;

formulating communicative strategies and norms relevant for the

implementation of legal translation assignments in national and/or

international settings;

the abilities of:

applying linguistic tools and processes for substantiating legal

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NATIONAL RESEARCH UNIVERSITY HIGHER SCHOOL OF ECONOMICS Faculty of Law – Public and Private International Law Department

L E G A L TR A N S L A T I O N : AN AP P L I E D AP P R O A C H Masters Course – Year 2

Svetlana V. Vlasenko. LEGAL TRANSLATION: AN APPLIED APPROACH Masters Course Syllabus Page 6

reasoning for legal translation purposes;

identifying the level of formality and applying formal rules and

norms relevant for linguistic analysis of legally-relevant content for

legal translation purposes

delivering quality translation in the global legal research community

and across lawyering practices.

DISTRIBUTION OF WORKLOAD

Table:

Total hours against the self-study (extramural) hours

broken down by subject

Item

Subject Headings

Total

Hours

In-Class Hours,

of which

Self-

Study

Hours

Lectures Seminars

1. SUBJECT 1. Legal Translation as

Professional Communication and

its Social Role in the

Globalization Context. Legal

Translation Studies. The EU

Translating Practices

32 6 2 24

2. SUBJECT 2. Legal Lexicography

for Legal Translation Purposes.

Web-tools and IT-methods

Applicable for Legal Translation.

Legal Translation Analysis and

Assessment

28 6 2 20

3. SUBJECT 3. Interdisciplinary

Nature of Legal Translation.

Lexical Cannons Specific of Legal

Instruments. Inconsistencies in

Legal Terminologies. Legal

Translation Quality Grading

30 6 4 20

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NATIONAL RESEARCH UNIVERSITY HIGHER SCHOOL OF ECONOMICS Faculty of Law – Public and Private International Law Department

L E G A L TR A N S L A T I O N : AN AP P L I E D AP P R O A C H Masters Course – Year 2

Svetlana V. Vlasenko. LEGAL TRANSLATION: AN APPLIED APPROACH Masters Course Syllabus Page 7

4. SUBJECT 4. Grammatical Issues

in Legal Translation.

Grammatical Cannons Specific of

Legal Instruments and Their

Relevance for Legal Translators

28 6 2 20

5. SUBJECT 5. Legal Syntax and

Legal Style Issues in Legal

Translation. Legal Syntactical

and Stylistic Cannons Specific of

Legal Instruments. Challenges

for Legal Translators.

26 4 2 20

TOTAL 144 28 12 104

TYPES OF KNOWLEDGE CONTROL

Current control:

o Essay on a selected topic as agreed with the Course Instructor;

o In-betweener forms: regular quizzes during seminar classes

lasting 15 minutes for checking the level of memorizing key

conceptology notions and expected skills proficiency.

Intermediate control:

o Exam – graded assessment of the level of acquired knowledge and developed skills during the Course; includes written questions covering syllabus material, i.e. theoretical and practical dimensions, as well as discussion with the Couse Instructor of selected problematic issues relevant for the Course acquisition assessment.

Control type Control Form Modules Parameters 1 2 3 4

Current

Essay 4 12–15 printed pages (Times New Roman, 14 pt); 2-week assessment

Intermediate Exam * Written exam 90 min., 1-week assessment

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NATIONAL RESEARCH UNIVERSITY HIGHER SCHOOL OF ECONOMICS Faculty of Law – Public and Private International Law Department

L E G A L TR A N S L A T I O N : AN AP P L I E D AP P R O A C H Masters Course – Year 2

Svetlana V. Vlasenko. LEGAL TRANSLATION: AN APPLIED APPROACH Masters Course Syllabus Page 8

COURSE PLAN

SUBJECT 1.

Legal Translation as Professional Communication and

Its Social Role in the Globalization Context.

Legal Translation Studies. The EU Translating Practices

Legal translation as professional communication and its social role in the

globalization context. Legal translation studies; major categories, notions, and

the subject-matter. Legal translation types and varieties. Current trends in

and approaches to legal translation. The EU translating practices: approaches

and case studies. Other countries’ practices. Legal translation: case studies.

Essential Reading:

1. The Ashgate Handbook of Legal Translation / L. Cheng, K.K. Sin and A.

Wagner (eds.). – Farnham, UK : Ashgate Publishing Ltd., 2014. (Law,

Language and Communication Series)

2. Research Models and Methods in Legal Translation / L. Biel and J. Engberg.

(eds.), in: Linguistica Antverpiensia. New Series – Themes in Translation

Studies. 2013. No. 12. [https://lans-tts.uantwerpen.be/index.php/LANS-

TTS/issue].

3. Wolff, L. Legal Translation, in: K. Malmkjær and K. Windle (eds.) The

Oxford Handbook of Translation Studies. – 2-nd ed. – Oxford: Oxford

University Press, 2011. – P. 228–242.

Further Reading:

Masters students are encouraged to read a couple of the below listed books or

excerpts from them:

1. Galdia, M. Legal Translation, in: Legal Linguistics. – Frankfurt am Main,

Berlin [et al.] : Peter Lang, 2009. – P. 224–238.

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NATIONAL RESEARCH UNIVERSITY HIGHER SCHOOL OF ECONOMICS Faculty of Law – Public and Private International Law Department

L E G A L TR A N S L A T I O N : AN AP P L I E D AP P R O A C H Masters Course – Year 2

Svetlana V. Vlasenko. LEGAL TRANSLATION: AN APPLIED APPROACH Masters Course Syllabus Page 9

2. Munday, J. Introducing Translation Studies. – London; New York:

Routledge, 2012.

3. Translation Issues in Language and Law / Olsen, F., Lorz, A.R. and D. Stein

(eds.). – London and New York: Palgrave Macmillan, 2009.

4. Vlasenko, S.V. Translation. Translation Case Studies. Translation Studies,

in: S.V. Vlasenko. Contract Law: Professional Translation Practices in the

English–Russian Language Pair: Sourcebook for students of law &

linguistics. – Moscow: Wolters Kluwer, 2006. – P. 73–81.

Questions for self-checking:

1. Describe legal translation as a type of professional communication.

2. What are the major types of legal translation? Enumerate varieties and

types or subtypes, if any, of legal translation.

3. What is the social role of legal translation? Substantiate your point of

view by providing cases and examples illustrating legal translation

status.

4. What are the major distinct features of legal translation in the global

interaction of professional legal communities?

5. Formulate major categories, notions, and the subject-matter of the legal

translation studies.

6. Describe the EU translating practices and the approaches to legal

translation. Provide instances and/or references to relevant case

studies.

7. What other countries’ practices in legal translation can you describe?

Provide instances and/or references to relevant case studies.

SUBJECT 2.

Legal Lexicography for Legal Translation Purposes.

Web-tools and IT-methods Applicable for Legal Translation.

Legal Translation Analysis and Assessment

Web-tools and IT-methods applicable for legal translation; electronic

processing of legal documents for translation purposes. Online reference

sources. Legal lexicography; legal dictionaries dependability. Legal translation

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NATIONAL RESEARCH UNIVERSITY HIGHER SCHOOL OF ECONOMICS Faculty of Law – Public and Private International Law Department

L E G A L TR A N S L A T I O N : AN AP P L I E D AP P R O A C H Masters Course – Year 2

Svetlana V. Vlasenko. LEGAL TRANSLATION: AN APPLIED APPROACH Masters Course Syllabus Page 10

analysis and assessment; country-specific practices in assessing legal

translation. Legal translation: case studies

Essential Reading:

1. The Ashgate Handbook of Legal Translation / L. Cheng, K.K. Sin and A.

Wagner (eds.). – Farnham, UK: Ashgate Publishing Ltd., 2014. (Law,

Language and Communication Series).

2. Research Models and Methods in Legal Translation / L. Biel and J. Engberg.

(eds.), in: Linguistica Antverpiensia. New Series – Themes in Translation

Studies. 2013. No. 12. [https://lans-tts.uantwerpen.be/index.php/LANS-

TTS/issue].

3. Wolff, L. Legal Translation, in: K. Malmkjær and K. Windle (eds.) The

Oxford Handbook of Translation Studies. – 2-nd ed. – Oxford: Oxford

University Press, 2011. – P. 228–242.

Further Reading:

Masters students are encouraged to read a couple of the below listed books or

excerpts from them:

1. Galdia, M. Legal Translation, in: Legal Linguistics. – Frankfurt am Main,

Berlin [et al.] : Peter Lang, 2009. – P. 224–238.

2. Translation Issues in Language and Law / Olsen, F., Lorz, A.R. and D. Stein

(eds.). – London and New York: Palgrave Macmillan, 2009.

3. Vlasenko, Svetlana. Contract Law: Professional Translation Practices in the

English–Russian Language Pair: Sourcebook for students of law &

linguistics. – Moscow: Wolters Kluwer, 2006

Questions for self-checking:

1. Which web-tools and IT-methods are applicable for processing legal

documents for legal translation purposes?

2. What are the advantages and/or disadvantages of applying IT-

methods for electronic processing of legal text for translation

purposes?

Page 11: THE GOVERNMENT OF THE RUSSIAN FEDERATION - … ·  · 2015-09-14THE GOVERNMENT OF THE RUSSIAN FEDERATION ... First Year Master Degree Curriculum ... contextualization and

NATIONAL RESEARCH UNIVERSITY HIGHER SCHOOL OF ECONOMICS Faculty of Law – Public and Private International Law Department

L E G A L TR A N S L A T I O N : AN AP P L I E D AP P R O A C H Masters Course – Year 2

Svetlana V. Vlasenko. LEGAL TRANSLATION: AN APPLIED APPROACH Masters Course Syllabus Page 11

3. Define main restrictions of electronic devices and machine

translation tools for achieving quality in legal translation.

4. How can legal translation be analysed for assessing its quality?

5. What are the main criteria used of assessing legal translation?

6. Describe country-specific practices in legal translating which you can

be aware of. Provide instances and/or references to relevant case

studies.

SUBJECT 3.

Interdisciplinary Nature of Legal Translation.

Lexical Cannons Specific of Legal Instruments. Inconsistencies in Legal

Terminologies. Legal Translation Quality Grading

An interdisciplinary nature of legal translation. Lexical cannons specific of

legal instruments. Inconsistencies in legal terminologies. Legal terminology in

its country-specific dimensions. Plain meaning and the ‘legalese’. Legal

translation quality grading. Problems of attaining an appropriate quality in

legal translation. Legal translation: case studies

Essential Reading:

1. The Ashgate Handbook of Legal Translation / L. Cheng, K.K. Sin and A.

Wagner (eds.). – Farnham, UK: Ashgate Publishing Ltd., 2014. (Law,

Language and Communication Series).

2. Research Models and Methods in Legal Translation / L. Biel and J. Engberg.

(eds.), in: Linguistica Antverpiensia. New Series – Themes in Translation

Studies. 2013. No. 12. [https://lans-tts.uantwerpen.be/index.php/LANS-

TTS/issue]

3. Wolff, L. Legal Translation, in: K. Malmkjær and K. Windle (eds.) The

Oxford Handbook of Translation Studies. – 2-nd ed. – Oxford: Oxford

University Press, 2011. – P. 228–242.

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NATIONAL RESEARCH UNIVERSITY HIGHER SCHOOL OF ECONOMICS Faculty of Law – Public and Private International Law Department

L E G A L TR A N S L A T I O N : AN AP P L I E D AP P R O A C H Masters Course – Year 2

Svetlana V. Vlasenko. LEGAL TRANSLATION: AN APPLIED APPROACH Masters Course Syllabus Page 12

Further Reading:

Masters students are encouraged to read a couple of the below listed books or

excerpts from them:

1. Galdia, M. Legal Translation, in: Legal Linguistics. – Frankfurt am Main,

Berlin [et al.] : Peter Lang, 2009. – P. 224–238.

2. Translation Issues in Language and Law / Olsen, F., Lorz, A.R. and D. Stein

(eds.). – London and New York: Palgrave Macmillan, 2009.

3. Vlasenko, Svetlana. Contract Law: Professional Translation Practices in the

English–Russian Language Pair: Sourcebook for students of law &

linguistics. – Moscow: Wolters Kluwer, 2006.

Questions for self-checking:

1. How can an interdisciplinary nature of legal translation be illustrated?

2. Define the ‘legalese’ in the context of legal translation. Substantiate your

viewpoint by providing arguments and giving examples.

3. Explain the need for plain legal meaning for purposes of legal

translation by indicating your arguments in favour of the approach or

against it.

4. How can legal translation quality be graded? Substantiate your

viewpoint on legal translation quality by providing arguments and

giving examples.

5. What criteria are applied for grading legal translation quality?

Substantiate your viewpoint on legal translation quality by providing

arguments and giving examples.

6. Does the availability of several varieties of English affect the quality of

legal translation? Substantiate your viewpoint by providing arguments

and giving examples.

SUBJECT 4.

Grammatical Issues in Legal Translation.

Grammatical Cannons Specific of Legal Instruments and

Their Relevance for Legal Translators

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NATIONAL RESEARCH UNIVERSITY HIGHER SCHOOL OF ECONOMICS Faculty of Law – Public and Private International Law Department

L E G A L TR A N S L A T I O N : AN AP P L I E D AP P R O A C H Masters Course – Year 2

Svetlana V. Vlasenko. LEGAL TRANSLATION: AN APPLIED APPROACH Masters Course Syllabus Page 13

Grammatical issues and complexities in legal translation; grammatical

inconsistencies; grammatical meaning. Grammatical cannons specific of legal

instruments; their relevance for legal translators. Grammatical exceptions:

practicability of practical translating solutions. Legal translation and practical

solutions: case studies

Essential Reading:

1. The Ashgate Handbook of Legal Translation / L. Cheng, K.K. Sin and A.

Wagner (eds.). – Farnham, UK: Ashgate Publishing Ltd., 2014. (Law,

Language and Communication Series).

2. Research Models and Methods in Legal Translation / L. Biel and J.

Engberg. (eds.), in: Linguistica Antverpiensia. New Series – Themes in

Translation Studies. – 2013. No. 12. [https://lans-

tts.uantwerpen.be/index.php/LANS-TTS/issue].

3. Wolff, L. Legal Translation, in: K. Malmkjær and K. Windle (eds.) The

Oxford Handbook of Translation Studies. – 2-nd ed. – Oxford: Oxford

University Press, 2011. – P. 228–242.

Further Reading:

Masters students are encouraged to read a couple of the below listed books or

excerpts from them:

1. Galdia, M. Legal Translation, in: Legal Linguistics. – Frankfurt am Main,

Berlin [et al.] : Peter Lang, 2009. – P. 224–238.

2. Translation Issues in Language and Law / Olsen, F., Lorz, A.R. and D.

Stein (eds.). – London and New York: Palgrave Macmillan, 2009.

3. Vlasenko, Svetlana. Contract Law: Professional Translation Practices in

the English–Russian Language Pair: Sourcebook for students of law &

linguistics. – Moscow: Wolters Kluwer, 2006.

Questions for self-checking:

1. Define the notion of “grammatical meaning”?

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NATIONAL RESEARCH UNIVERSITY HIGHER SCHOOL OF ECONOMICS Faculty of Law – Public and Private International Law Department

L E G A L TR A N S L A T I O N : AN AP P L I E D AP P R O A C H Masters Course – Year 2

Svetlana V. Vlasenko. LEGAL TRANSLATION: AN APPLIED APPROACH Masters Course Syllabus Page 14

2. What grammatical inconsistencies can you identify when doing legal

translation from English into Russian?

3. Itemize grammatical cannons which can be found in legal instruments.

4. Detail grammatical cannons and the associated complexities in handling

them when doing legal translation. Provide examples and/or case

studies.

5. How can translation complexities associated with grammatical cannons

used in legal documents be overcome in legal translation?

SUBJECT 5.

Legal Syntax and Legal Style Issues in Legal Translation.

Legal Syntactical and Stylistic Cannons Specific of Legal Instruments.

Challenges for Legal Translators

Legal syntactical cannons and legal stylistic cannons as complex features of

legal instruments to be translated for legal communication purposes.

Challenging issues associated with legal syntax and legal style relevant for

legal translators. Practical solutions in overcoming challenges caused by

legal syntax and style. Legal translation: case studies

Essential Reading:

1. The Ashgate Handbook of Legal Translation / L. Cheng, K.K. Sin and A.

Wagner (eds). – Farnham, UK : Ashgate Publishing Ltd., 2014. (Law,

Language and Communication Series)

2. Research Models and Methods in Legal Translation / L. Biel and J.

Engberg. (eds), in: Linguistica Antverpiensia. New Series – Themes in

Translation Studies. – 2013. No. 12. [https://lans-

tts.uantwerpen.be/index.php/LANS-TTS/issue]

3. Wolff, L. Legal Translation, in: K. Malmkjær and K. Windle (eds.) The

Oxford Handbook of Translation Studies. – 2-nd ed. – Oxford: Oxford

University Press, 2011. – P. 228–242.

Page 15: THE GOVERNMENT OF THE RUSSIAN FEDERATION - … ·  · 2015-09-14THE GOVERNMENT OF THE RUSSIAN FEDERATION ... First Year Master Degree Curriculum ... contextualization and

NATIONAL RESEARCH UNIVERSITY HIGHER SCHOOL OF ECONOMICS Faculty of Law – Public and Private International Law Department

L E G A L TR A N S L A T I O N : AN AP P L I E D AP P R O A C H Masters Course – Year 2

Svetlana V. Vlasenko. LEGAL TRANSLATION: AN APPLIED APPROACH Masters Course Syllabus Page 15

Further Reading:

Masters students are encouraged to read a couple of the below listed books or

excerpts from them:

1. Galdia, M. Legal Translation, in: Legal Linguistics. – Frankfurt am Main,

Berlin [et al.] : Peter Lang, 2009. – P. 224–238.

2. Translation Issues in Language and Law / Olsen, F., Lorz, A.R. and D.

Stein (eds.). – London and New York: Palgrave Macmillan, 2009.

3. Vlasenko, Svetlana. Contract Law: Professional Translation Practices in

the English–Russian Language Pair: Sourcebook for students of law &

linguistics. – Moscow: Wolters Kluwer, 2006.

Questions for self-checking:

1. Describe the most typical features of legal syntax, which can limit the

attainability of adequate quality in legal translation.

2. Define legal syntax and legal style using available opinions by both

linguists and lawyers; provide relevant citations and references.

3. How can translation-related complexities associated with legal syntax

and style be overcome when rendering legal instruments?

4. What solutions can be suggested for handling legal syntax and legal

style to improve legal translation quality?

TOPICS FOR ESSAYS

1. Legal translation as a type of professional communication.

2. Main distinction between legal translation and other types of professional

translation.

3. Legal translation and its target audience and/or end-users.

4. The role of legal translation in the global interaction of professional

communities.

5. The social role of legal translation in globalized settings.

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NATIONAL RESEARCH UNIVERSITY HIGHER SCHOOL OF ECONOMICS Faculty of Law – Public and Private International Law Department

L E G A L TR A N S L A T I O N : AN AP P L I E D AP P R O A C H Masters Course – Year 2

Svetlana V. Vlasenko. LEGAL TRANSLATION: AN APPLIED APPROACH Masters Course Syllabus Page 16

6. Major categories, notions and the subject-matter of legal translation

studies.

7. Legal translation: its main goal(s) and function(s).

8. Legal translation: varieties, types and subtypes, if any.

9. An interdisciplinary nature of legal translation.

10. Criteria and methods used for differentiating the varieties of legal

translation.

11. Legal translation under international attempts of harmonizing and

unifying international legal rules and principles of law?

12. Advantages and/or disadvantages of applying IT-methods for electronic

processing of legal text for translation purposes.

13. Web-tools and IT-methods applicable for legal translation.

14. Legal translation: quality analysis and assessment.

15. Key principles and/or criteria used for assessing legal translation

quality.

16. EU translating practices: instances and/or references to relevant case

studies.

17. The main distinction between the EU translating practices and non-EU

countries’ practices.

18. Legal translation from the ‘legalese’: approaches, arguments, and

examples.

19. Plain legal meaning for purposes of legal translation: pros and cons.

20. Compliance with the plain legal English approach: its impacts on legal

translation?

21. Terminological problems and complexities in legal translation.

22. Grammatical meaning in legal translation: definition, complexities and

solutions.

23. Legal syntax and legal style: opinions by linguists and lawyers.

Topics for each student are subject to individual review and approval by the

Course Instructor.

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NATIONAL RESEARCH UNIVERSITY HIGHER SCHOOL OF ECONOMICS Faculty of Law – Public and Private International Law Department

L E G A L TR A N S L A T I O N : AN AP P L I E D AP P R O A C H Masters Course – Year 2

Svetlana V. Vlasenko. LEGAL TRANSLATION: AN APPLIED APPROACH Masters Course Syllabus Page 17

Questions for checking the quality of knowledge

acquired during the Course

A tentative list of issues to be regularly checked prior to the exam is provided

to each individual subject presented in this Course Overview.

QUESTIONS FOR THE EXAM

1. Does legal translation constitute a type of professional communication?

Substantiate your viewpoint by providing arguments and giving

examples.

2. What is the main distinction between legal translation and other types

of professional translation?

3. Whom is legal translation delivered to? Itemize most probable end-

users of legal translation.

4. Does the legal community consist of legal practitioners and legal

scholars? If not, itemize members of the legal community.

5. What role does legal translation play in the global interaction of

professional communities?

6. What is the social role of legal translation? Substantiate your point of

view by providing arguments and giving examples.

7. What are the major categories, notions, and the subject-matter of

translation studies for professional communities?

8. What are the major categories, notions and the subject-matter of legal

translation studies?

9. How can the main goal(s) and function(s) of legal translation can be

defined?

10. What are the major types of legal translation? Enumerate

varieties, types and subtypes, if any.

11. Enumerate the main principles used for differentiating varieties of

legal translation.

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NATIONAL RESEARCH UNIVERSITY HIGHER SCHOOL OF ECONOMICS Faculty of Law – Public and Private International Law Department

L E G A L TR A N S L A T I O N : AN AP P L I E D AP P R O A C H Masters Course – Year 2

Svetlana V. Vlasenko. LEGAL TRANSLATION: AN APPLIED APPROACH Masters Course Syllabus Page 18

12. What specificity does legal translation acquire in the globalization

context?

13. How do attempts for harmonization and unification of

international legal rules and principles of law impact legal translation?

14. Does the availability of several varieties of English affect the

quality of legal translation? Substantiate your viewpoint on legal

translation quality by providing arguments and giving examples.

15. What are the advantages and/or disadvantages of applying IT-

methods for electronic processing of legal text for translation purposes?

16. Enumerate and describe web-tools and IT-methods applicable for

legal translation.

17. Describe commonalities and dissimilarities in various types of

legal translation.

18. How can an interdisciplinary nature of legal translation be

illustrated?

19. What are the key principles used for assessing and/or grading

legal translation quality?

20. Describe the EU translating practices. Provide instances and

references to relevant case studies.

21. What is the main difference between the EU translating practices

and those exercised in the non-EU countries?

22. Define the ‘legalese’ in the context of legal translation. Illustrate

your viewpoint by providing arguments and giving examples of

translating from the ‘legalese’.

23. Explain the need for plain legal meaning and give your arguments

in favour or against it for purposes of legal translation.

24. Is there any benefit for legal translation from applying the plain

legal English approach?

25. How can “grammatical meaning” be identified and handled in legal

translation?

26. What terminological complexities can you identify when doing

legal translation from English into Russian?

27. Are there many differences in confronting terminological

complexities when legal translation is done from Russian into English?

28. Define legal syntax and legal style using opinions by both linguists

and lawyers; provide relevant citations and available references.

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NATIONAL RESEARCH UNIVERSITY HIGHER SCHOOL OF ECONOMICS Faculty of Law – Public and Private International Law Department

L E G A L TR A N S L A T I O N : AN AP P L I E D AP P R O A C H Masters Course – Year 2

Svetlana V. Vlasenko. LEGAL TRANSLATION: AN APPLIED APPROACH Masters Course Syllabus Page 19

GRADING SYSTEM

Guidelines for Knowledge Assessment

A. ASSESSMENT

B. Seminar attendance / participation – 10%

C. Self-study – 10%

D. Essay – 30%

E. Examination (test) – 50%

The form of intermediate control is an essay and an exam as a written test, the

grade being a sum total equalling 80%.

An overall assessment formula comprises a sum total of the following

variables:

(lecture/seminar attendance / participation)* 0.1 + (self-study)* 0,1 +

+ (presentation/essay)* 0.3 + (exam)* 0.5 = final grade

B. GRADING

Grading rates for the essay:

Outstanding 9–10 points

Very good 7–8 points

Good 5–6 points

Satisfactory 3–4 points

Poor 1–2 points

METHODS OF INSTRUCTION

Classes are split into lectures and seminars. Lectures are conducted in the

interactive mode with the focus on the feedback from masters’ students.

Students’ willingness and readiness for the upcoming lectures and seminars

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NATIONAL RESEARCH UNIVERSITY HIGHER SCHOOL OF ECONOMICS Faculty of Law – Public and Private International Law Department

L E G A L TR A N S L A T I O N : AN AP P L I E D AP P R O A C H Masters Course – Year 2

Svetlana V. Vlasenko. LEGAL TRANSLATION: AN APPLIED APPROACH Masters Course Syllabus Page 20

are encouraged. This is believed to enable students to better comprehend the

subject matter delivered by the lecturer and engage in seminar classwork

more efficiently.

Seminars are conducted based on multitasking; such multitasking is

build on the didactic routine which implies combining interactive methods

and spontaneous individual or group debates on specified translation

problem areas. Such interactive tutoring is built on both the prepared and

spontaneous modes.

Home tasking is built around the review and cross-analysis of translated

legal texts of different types, as well as preparing for the multitasking format

of exercising during in-class teamwork.

READING LIST

Below enlisted are the basic, essential and optional sources, dictionaries, as

well as online reference sources.

Basic Sourcebook

1. The Ashgate Handbook of Legal Translation / L. Cheng, K.K. Sin and A.

Wagner (eds). – Farnham, UK: Ashgate Publishing Ltd., 2014. (Law,

Language and Communication Series).

Essential Reading

1. Galdia, M. Legal Translation, in: Legal Linguistics. – Frankfurt am Main,

Berlin [et al.] : Peter Lang, 2009. – P. 224–238.

2. Research Models and Methods in Legal Translation / L. Biel and J. Engberg.

(eds), in: Linguistica Antverpiensia. New Series – Themes in Translation

Studies. – 2013. No. 12. [https://lans-tts.uantwerpen.be/index.php/LANS-

TTS/issue].

3. Translation Issues in Language and Law / Olsen, F., Lorz, A.R. and D. Stein

(eds.). – London and New York: Palgrave Macmillan, 2009.

4. Vlasenko, Svetlana. Contract Law: Professional Translation Practices in the

English–Russian Language Pair: Sourcebook for students of law &

linguistics. – Moscow: Wolters Kluwer, 2006.

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NATIONAL RESEARCH UNIVERSITY HIGHER SCHOOL OF ECONOMICS Faculty of Law – Public and Private International Law Department

L E G A L TR A N S L A T I O N : AN AP P L I E D AP P R O A C H Masters Course – Year 2

Svetlana V. Vlasenko. LEGAL TRANSLATION: AN APPLIED APPROACH Masters Course Syllabus Page 21

5. Wolff, L. Legal Translation, in: K. Malmkjær and K. Windle (eds.) The

Oxford Handbook of Translation Studies. – 2-nd ed. – Oxford: Oxford

University Press, 2011. – P. 228–242.

Optional Reading

1. Andrews, E., and Maksimova, E.A. Russian Translation: Theory & Practice.

London and New York : Routledge, 2010.

2. Scalia, A. and B.A. Garner. Reading Law. The Interpretation of Legal Texts.

St. Paul, MN: Thomson/West, 2012.

3. Tiersma, P.М. and L.М. Solan (eds.). The Oxford Handbook of Language and

Law. Oxford: Oxford University Press, 2012.

Reference Books, Dictionaries and Encyclopedias

1. Baskakova, M.A. Legal Glossary: Law and Business (Russian–English,

English–Russian). – 8-th ed., rev. & amend. – Moscow: Finansy i statistika,

2009.

2. Black’s Law Dictionary / Ed. Garner B.A. et al. 9th ed. Thomson–West,

2009.

3. The Cambridge Companion to European Union Private Law. Cambridge:

Cambridge University Press, 2010.

4. The Cambridge Companion to Comparative Law. Cambridge: Cambridge

University Press, 2012.

5. Dictionary of Law. Oxford; New York : Oxford University Press, 2009.

6. Mamulyan, A.S., Kashkin, S.Y. English–Russian Comprehensive Law

Dictionary. Мoscow: Eksmo, 2008.

7. Fjedorov, B.G. English–Russian Banking and Economic Dictionary. – St.-

Petersburg: Limbus Press, 2000.

8. Legal Dictionary of Civil and International Private Law / Renkvist T. et al.

Moscow: Mir, pravo, informacija, 2002.

9. Merriam-Webster’s Dictionary of Law. Merriam-Webster, USA, 1996.

10. Vlasenko, S.V. Professional Translation Theory and Practice Glossary:

Terms and Definitions. In: S.V. Vlasenko. Contract Law: Professional

Translation Practices in the English–Russian Language Pair: Sourcebook

for students of law & linguistics. – M.: Wolters Kluwer, 2006. – P. 16–90.

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NATIONAL RESEARCH UNIVERSITY HIGHER SCHOOL OF ECONOMICS Faculty of Law – Public and Private International Law Department

L E G A L TR A N S L A T I O N : AN AP P L I E D AP P R O A C H Masters Course – Year 2

Svetlana V. Vlasenko. LEGAL TRANSLATION: AN APPLIED APPROACH Masters Course Syllabus Page 22

Online Reference Sources:

11. ABBYY 2011: ABBYY LINGVOx5: Electronic Multilingual Dictionary,

ABBYY Software Ltd., 2011. URL: www.Lingvo.ru

12. Latin Phrases on Freebase.com: URL:

http://www.freebase.com/view/language/views/latin_phrases

13. Law Dictionary: URL: http://dictionary.lp.findlaw.com/

14. Legal Texts – URL: http://icame.uib.no/brown/bcm-los.html#j

15. Longman Dictionary of Contemporary English – [URL:

http://www.ldoceonline.com/ ]

16. Online Russian Dictionaries: [http://slovari.yandex.ru/]

17. Oxford: Oxford online dictionaries. URL: oxforddictionaries.com

18. US Law Dictionary: [URL: http://dictionary.lp.findlaw.com/ ;

19. Latin Phrases on Freebase.com:

http://www.freebase.com/view/language/views/latin_phrases

20. Merriam-Webster Dictionary and Thesaurus [URL:

http://www.merriam-webster.com/ ]

Special Equipment and Software Support

An overhead projector, a notebook, and a screen are used at both lectures and

seminars. Students make use of their personal laptops (ultrabooks or

notebooks), android tablets, and/or ipads.

Author of the Course / Course Instructor S.V. Vlasenko, Ph.D. (Institute of Linguistics, Russian Academy of Sciences) is Associate Professor at the Faculty of Law, Public and Private International Law Department at the National Research University – Higher School of Economics, Moscow Campus [email protected]