17. translating a licence agreement we have already seen that there are conventions that must be...

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17. Translating a licence agreement We have already seen that there are conventions that must be observed when writing or translating legal texts: repetition of nouns rather than substitution by pronouns, deontic shall etc. These are obligatory requirements of the genre. We have also seen that English legalese is more difficult than the Italian equivalent. Taylor warns us of the potential consequences of a poor translation in this field: “In an era of expanding communications across nations, the legal terminology of each individual country, already dense and opaque to their own peoples, often needs to be unequivocably translated into the legal language of another country. Momentous decisions and events may hinge on such translations, either at a personal or even national level.”

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Page 1: 17. Translating a licence agreement We have already seen that there are conventions that must be observed when writing or translating legal texts: repetition

17. Translating a licence agreement

We have already seen that there are conventions that must be observed when writing or translating legal texts: repetition of nouns rather than substitution by pronouns, deontic shall etc. These are obligatory requirements of the genre.

We have also seen that English legalese is more difficult than the Italian equivalent.

Taylor warns us of the potential consequences of a poor translation in this field:

“In an era of expanding communications across nations, the legal terminology of each individual country, already dense and opaque to their own peoples, often needs to be unequivocably translated into the legal language of another country. Momentous decisions and events may hinge on such translations, either at a personal or even national level.”

A lawyer like Niccolò Ghedini would exploit any small ambiguity in a translated document to save his client.

See the source text and translation on p. 272.

Page 2: 17. Translating a licence agreement We have already seen that there are conventions that must be observed when writing or translating legal texts: repetition

FALSE FRIENDS 17

What do you remember about defect and delusion/delude?

demand (noun): 1. richiesta, also pretesa. The management refused to consider the union’s demands. In economics the law of supply and demand. 2. impegno. Because of the demands of his job, he has little time for his family.domanda: 1. question 2. application (e.g. for a job) 3. (written) request

to demand: 1. chiedere con prepotenza, pretendere 2. esigere. He demands 100% loyalty from his staff. 3. richiedere. This type of work demands/requires great powers of concentration.domandare: 1. to ask 2. to ask for. They say that English tourists always ask for a cappuccino after lunch.domandarsi: to wonder, to ask oneself. I wonder what I will be doing five years from now.

Page 3: 17. Translating a licence agreement We have already seen that there are conventions that must be observed when writing or translating legal texts: repetition

THE DIARY OF A BRAVE TRANSLATOR VERILY IN LEG – PART 17

I couldn’t enjoy the beautiful weather last weekend because I had a beautiful she-cat to shave that kept me in front of my PC both Saturday and Sunday. It was a long and very boring translation that I had to finish by Monday morning. On Saturday morning I sat staring at the computer for more than an hour try to motivate myself to make a start. I really didn’t want to do this extremely tedious job. The trouble was I knew it was an important legal document and there was no one else available to translate it. The colleague who usually translates legal documents had phoned to say she was sick and couldn’t do this particularly boring job. In the end I realized I would just have to swallow the toad and get started. So that was what I was doing while other people were out enjoying the sunshine. What balls! And I only just finished it in time. It was nearly midnight on Sunday when I finally reached the last full-stop, so you could say I finished it in Cesarini’s zone. Then what did I discover on Monday afternoon? The colleague who claimed to be ill was really healthy like a fish but she just hadn’t wanted to do that particular translation.

Page 4: 17. Translating a licence agreement We have already seen that there are conventions that must be observed when writing or translating legal texts: repetition

I couldn’t enjoy the beautiful weather last weekend because I had a beautiful she-cat to shave that kept me in front of my PC both Saturday and Sunday. It was a long and very boring translation that I had to finish by Monday morning. On Saturday morning I sat staring at the computer for more than an hour try to motivate myself to make a start. I really didn’t want to do this extremely tedious job. The trouble was I knew it was an important legal document and there was no one else available to translate it. The colleague who usually translates legal documents had phoned to say she was sick and couldn’t do this particularly boring job. In the end I realized I would just have to swallow the toad and get started. So that was what I was doing while other people were out enjoying the sunshine. What balls! And I only just finished it in time. It was nearly midnight on Sunday when I finally reached the last full-stop, so you could say I finished it in Cesarini’s zone. Then what did I discover on Monday afternoon? The colleague who claimed to be ill was really healthy like a fish but she just hadn’t wanted to do that particular translation.

1. No equivalent expression. It must be paraphrased.2. To grasp the nettle (afferare l’ortica)3. What a drag! What a pain in the butt (USA), ass (USA), arse (UK)4. In the nick of time5. As fit as a fiddle