What exactly is comparative law?

Continuing with my mini-series “What exactly is…” (following on from What exactly is forensic linguistics? and What exactly is a lawyer-linguist?), today let’s take a brief look at the subject of Comparative Law.

The Oxford Handbook of Comparative Law* describes the discipline as “time-honoured but not easily understood in all its dimensions”. According to Michael Bogdan**, comparative law may be defined as “the comparing of different legal systems with the purpose of ascertaining the similarities and differences“.

Continue reading

Glossary – US Patent & Trademark Office

Knowing that quite a few translators work on patents, I thought this glossary from the United States Patent and Trademark Office might be of use.

Personally, I’m not too keen on the visual presentation of the glossary, but it certainly seems useful.

There are also a number of videos providing introductions to various procedures and terms (such as “specimen”, “applicant”, “drawing” and “basis”) used by the Office. You can access a list here. Beware – not all computers will play the videos and some of the links appear to be broken. 😦

Legal considerations – machine translation and copyright

This guest post is published under a GNU version 2 licence, and comes from the Open Translation Tools Manual (more about that in a forthcoming post). It was written by Ed Bice in 2009, with modifications by Thom Hastings also in 2009. Despite being 3 years old, I think it brings up some very interesting topics for discussion. I look forward to reading your comments!

American copyright law considers a translation a derivative work. As such translators must obtain permission from the copyright or derivative right holder of the source language text. With regard to online translation, we expect that as Machine Translation (MT) and Hybrid Distributed Translation (HDT- strategies combining human and machine translation) come of age significant changes will need to be made to the legal framework to accommodate these technologies.

Continue reading

Quantifying the cost of poor quality in translation – sour cherries

The Directorate-General for Translation of the European Commission has made available a report written late last year, as part of the ‘Studies on translation and multilingualism’ series, on Quantifying Quality Costs and the Cost of Poor Quality in Translation. The document can be downloaded in PDF format here.

Items such as prevention of poor quality, evaluation, and clarification of original texts may be of interest to those of you procuring translation as well as to translators. Some case studies from ‘real life’ have been given.  One interesting example relates to protective measures on the import of sour cherries which accidentally became “sweet cherries” in the initial German version.

Continue reading

Reminder: English legal terminology webinars

Just a reminder of my previous post – eCPD Webinars are presenting a series of five 1-hour webinars in June and July, on legal terminology in England and Wales. Of course, being webinars, they can be accessed from anywhere in the world, and if you’re not free at the time of the webinar, you can watch the recording later on.

The speaker is David Hutchins of Lexacom, who teaches law and terminology at face-to-face workshops and seminars, both to translators, and to lawyers from civil code systems who are less familiar with common law.

Webinar 1, 26 June: Contracts and Contract Formation for Legal Translators
Webinars 2 & 3, 28 June: The English Legal System for Legal Interpreters and Translators
Webinars 4 & 5, 3 July: Criminal Law and Procedure for Legal Interpreters and Translators

Continue reading

Call for volunteers – the China Guiding Cases Project

Stanford Law School is making a call for volunteers who can read Chinese. I have reproduced the details below (with permission). Apply by 30 June to work with the CGCP over the coming year! It’s an excellent opportunity to gain experience, and with two highly prestigious institutions (Stanford and Monterey). Even if you are not personally concerned, please pass this post on to those you know who might fit the profiles. Thank you! 🙂

Spanish bailout conditions impenetrable behind a thicket of legalese (or not)

As readers know, I do like a bit of legalese 🙂 – see recent posts on whether Business-ese is worse than legalese, and Translating through the fog.

Today, hot off the presses of Reuters and the UK’s New Statesman, questions are being raised about the legal conditions governing the ranking of Spain’s creditors, citing part (Section 2.19, (b), (i), (B)) of the Credit Derivatives Definitions issued by the International Swaps and Derivatives Association (ISDA).

The following paragraph is being used as an example of impenetrable legal theory. You will notice liberal use of acronyms in the above articles (one of my favourite things… see here):

  • CDS – credit default swaps
  • EFSF – European Financial Stability Facility
  • ESM – European Stability Mechanism