The Linguist

@CIOL_Linguists SUMMER 2024 The Linguist 21 FEATURES cauteleras en el proceco penal as 'pretrial measures in criminal proceedings'. But her translation of medidas cautelares personales is 'coercive measures against the person'. Jowers' translations of Spanish legal remedies are particularly descriptive. A recurso de queja could easily be misunderstood if translated word for word ('complaint appeal'). But she leaves no doubt as to meaning, describing it as an 'appeal of the refusal to admit another appeal' in civil proceedings and 'appeal of interlocutory orders and of the refusal to admit an appeal' in criminal proceedings. Similarly, recurso de apelación is a 'second instance appeal'; recurso de revisión is a 'petition to review an unappealable conviction'; and recurso de reforma y súplica are 'reconsideration appeals'. A descriptive method helps the audience to not only decipher a foreign source text, but also to discover a foreign legal system, or at least a snippet of one. Administrative ease French-speaking legal systems are equipped with an arsenal of administrative remedies presented in clipped and clear terminology; English-speaking ones usually are not. While prescriptive solutions may exist in English, Bridge's descriptive approach fits the bill. Take the following administrative terms in French and his descriptive equivalents in English: 1 One might challenge an authority's decision after the initial step of French administrative procedure by sending an 'application to the same administrative authority to reconsider its decision' (recours gracieux). 2 Should this fail, one might try an 'application to a higher administrative authority to review the decision of a lower administrative authority' (recours hiérarchique). 3 If such non-contentious options fail, one can file an 'application to an administrative court to find that the applicant is entitled to a claim against the state or to set aside or vary an administrative act which does not fall within the scope of an action for misuse or abuse of authority' (recours de pleine jurisdiction). You may be hard pressed to find a reliable prescriptive equivalent for référé. Yet Bridge breathes clear meaning into the English by translating this notion as a 'summary application to a single judge for an interim order in an urgent case'. Refreshingly readable while fully faithful to the source meaning. The European Court of Human Rights' HUDOC database follows suit with crystal- clear renderings of specific types of référé. When a liberty is under threat by an administrative authority one can file 'an urgent application for protection of a fundamental freedom' (référé-liberté). To suspend the effects of an administrative act while a judge considers the merits, one may lodge 'an urgent application requesting a stay of execution' (référé-suspension). Creditors can even start 'proceedings to seek an interim reward' (référé provision) to obtain an advance on a debt which is not seriously contested. These descriptive gems may be scarce in dictionaries but can be unearthed using the HUDOC advanced search feature under 'This exact word or phrase'. A simple comparison of the various language versions of the same decision provides uniform and readable translations of complex legal terminology. Given the wide range of legal systems subject to the Strasbourg Court, its jurisprudence is a spectacular resource for translators as a gigantic, searchable lexicon. And if you're really stuck, membership- based websites such as ProZ.com can help. Its priceless KudoZ feature connects translators from all over the world in a forum where translation problems are met with real-time solutions on a peer-to- peer basis, with lively discussions and constructive commenting. Simply put, legal translations are easier to tackle for translators and readers alike when one relies on a descriptive approach as opposed to a prescriptive one. It just makes more sense. Notes 1 Harvey, M (2002) 'What's So Special about Legal Translation?' In Meta, 47,2, 177 2 Bridge, FHS (1994) The Council of Europe French-English Legal Dictionary, Council of Europe Press 3 Jowers, R (2015) Léxico temático de terminología jurídica español-inglés, Valencia: Tirant lo Blanch

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