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thelinguist.uberflip.com APRIL/MAY The Linguist 17 FEATURES Applying basic legal knowledge The first clause usually contains the objective of the agreement. This is often to set out the conditions under which one party provides a service or goods (or some other advantage) to another party in exchange for payment. A conscientious translator will ensure that both the services and the payment flow in the correct direction throughout the agreement. For example, if I were to find myself writing 'the Buyer will submit the final instalment of goods in exchange for payment by the Seller', I would double-check the original and then flag this up with a footnote, saying that the party names appear to have been accidentally reversed. This type of error is surprisingly common in longer agreements. It is obvious if you are reading with an eye to the broader purpose of the document, but can be missed if you are only looking at the words. Another element of contractual language that may be unfamiliar is the use of defined terms. Lawyers like to use definitions as a kind of shorthand, so instead of referring to 'the lease between the Lessor and the Lessee dated X on the conditions set out in this agreement', they simply say 'the Lease' (capital 'L'). In Japanese, such a definition may be signposted with the prefix 本, for example: 甲は、甲の所有する下記物件 (以下「本倉庫」という), or a term may just be followed by a definition in square brackets. In either case, I would use a capital letter and make it a defined term, since this is what the end-user will expect. Producing what the client wants Further into the agreement, you might encounter unusual verb endings, such as -kaneru (-かねる), which means 'to be unable to…' but sounds confusingly like kanou (可能), 'possible'. For instance, although 供給は需要に応じかねる場合には looks like an example of a positive eventuality, it should be translated as 'in the event that supply cannot meet demand'. Another expression that is sometimes mistranslated is の責に帰すべからざる事由により ('where, for some reason not attributable to…'). Isolated expressions, such as前条の規定に かかわらず ('Notwithstanding the provisions of the preceding section') or 以後も同様とそる ('and the same shall apply thereafter'), have their counterparts in standard English contract drafting, which often has a Latin phrase or an old-fashioned English one to match the Japanese. But where should you turn if whole sections of your text appear to have been written prior to 1900, in a style of language that is now barely used? Should you translate it into modern language that your client can read with ease, or attempt to recreate the more edifying effect of the Meiji period phrasing? The latter would surely be the more enjoyable challenge, but might not be what the client is expecting. Some clients prefer plain English; others, Latin terms. I try to find out in advance. The translator faces many further challenges, such as 'good administrators', 'anti-social forces' and Japanese company structures that may not have English equivalents. There are too many to discuss here, but in the event that you decide to take on the challenge, remember to proceed with caution and prepare for the general field as well as the specific assignment. Be aware that legal messages may be wrapped in apparently innocent everyday words, be ready to consult a textbook, not just a standard dictionary, and leave plenty of time for research. Be assertive in your questions to the client, and detailed in your notes and explanations. I wish you a rewarding experience. For details of the 26th International Japanese-English Translation Conference on 20-21 June at York St John University, England, visit http://ijet.jat.org or email ijet-26-pr@j-net.org.uk. Early bird and student discounts available; full price £250. Should you translate it into modern language or attempt to recreate the Meiji period phrasing? If you are considering a move into the rewarding area of Japanese legal translation, a wealth of vital resources and training is available. Here are my top recommendations: • Japanese Law by Hiroshi Oda (OUP, 2009) is comprehensive and readable • To hone your English legal writing, invest in a drafting guide for lawyers • Sue Leschen (www.avocate.co.uk), David Hutchins (www.lexacomlegal.com) and others run regular short courses on general legal translation • Join a mentoring scheme, such as that organised by the ITI Japanese Network (contact julia@bathtranslations.co.uk) • www.ecpdwebinars.co.uk/shopshelflegal. html often has webinars on legal topics • www.japaneselawtranslation.go.jp contains unofficial translations of many Japanese laws and regulations, as well as a free, downloadable legal dictionary • www.tomeika.jur.kyushu-u.ac.jp focuses on Japanese laws and legal concepts • http://dictionary.laws.com includes a list of legal terms; and legal dictionaries are included in the multi-dictionary http://ejje.weblio.jp, which is also excellent for personal and place names • Learn about possible new areas of work and network with other Japanese/English translators and interpreters at the 26th International Japanese English Translation Conference (see http://ijet.jat.org) on 20-21 June in York. The theme this year is 'art, craft, enterprise', and there will be three parallel streams of talks, workshops, panels and poster presentations. Websites checked 13/3/15 RESOURCES