Перевод в сфере права учебное пособие для вузов

Утверждено научно-методическим советом факультета романо-германской филологии 20 января 2016 г., протокол № 1

Рецензент – доц. Е.А. Княжева

Учебное пособие подготовлено на кафедре теории перевода и межкультурной коммуникации факультета РГФ Воронежского государственного университета.

Рекомендовано для студентов 4-го курса д/о и 5-го курса в/о факультета романо-германской филологии Воронежского государственного университета.

Для направления 45.03.02 – Лингвистика

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ПРЕДИСЛОВИЕ

Курс знакомит студентов с особенностями юридического перевода, в частности, с базовой юридической терминологией, основными понятиями и явлениями системы права Великобритании, Соединенных Штатов Америки и России. Основное внимание уделяется переводу юридической терминологии и текстов различных жанров.

Основная дидактическая цель курса – сформировать у студентов умения осуществлять юридический перевод, в частности:

−умение осуществлять перевод юридических текстов различных жанров с учетом их особенностей;

−умение распознавать реалии правовой культуры Великобритании, Соединенных Штатов Америки и России и переводить их;

−умение переводить юридическую терминологию.

В ходе самостоятельной работы студента предполагается развитие социокультурной компетенции студента, а также закрепление материала, пройденного на занятии.

Структура курса включает семь глав, посвященных определенной теме, тексты для самостоятельной работы студентов и общий список использованной литературы.

Текущий контроль осуществляется посредством выполнения студентами письменного перевода текстов для самостоятельной работы.

Промежуточный контроль предполагает полный письменный перевод текста, проверяющий сформированность у студентов вышеуказанных умений.

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UNIT 1. SYSTEMS OF LAW

Task 1. Give the definition of the word «law» in the following sentences. Translate them into Russian.

1.It is against the law to demonstrate here. She was caught breaking the law. Every company must by law submit accounts annually.

2.She is the Senate's expert on constitutional law.

3.Many of the laws passed by Parliament are never enforced.

4.Children soon accept social laws.

5.I was planning a career in law. There are curious parallels between medicine and law.

6.A degree in law would be an advantage in the job market.

7.He found himself in trouble with the law again.

Task 2. Translate the following word combinations from English into Russian paying special attention to the word “law” and its derivatives.

Task 4. Read the text. Explain the meaning of the words in bold. Translate them into Russian.

Each country in the world has its own system of law. However, it is generally true to say that there are two main traditions of the law in the world. One is based on English Common law, and has been adopted by many Commonwealth countries and most of the United States. The other tradition, sometimes known as Continental, or Roman law, has developed in most of

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continental Europe, Latin America and many countries in Asia and Africa which have been strongly influenced by Europe.

Common law, or case law systems, particularly that of England, differs from Continental law in having developed regularly throughout history, not as the result of government attempts to define or codify every legal relation. Customs and court rulings have been as important as statutes (government legislation). Judges do not merely apply the law, in some cases they make law, since their interpretations may become precedents for other courts to follow.

Common law is based on the doctrine of precedent. If the essential elements of a case are the same as those of the previous recorded cases, then the judge is bound to reach the same decision regarding guilt or innocence. If no precedent can be found, then the judge makes a decision based upon the existing legal principles, and his decision becomes a precedent for other courts to follow when a similar case arises. Sometimes governments make new laws − statutes − to modify or clarify the common law, or to make rules where none existed before. But even statutes often need to be interpreted by the courts in order to fit particular cases, and these interpretations become new precedents. In common law systems the law is, thus, found not only in government statutes, but also in the historical records of cases.

Another important feature of the common law tradition is equity. It recognizes rights that are not enforced by common law but are considered “equitable”, or just. If an equitable principle brings a different result from a common law ruling on that case, then the general rule is that equity should prevail.

Continental systems are sometimes known as codified legal systems. They have resulted from attempts by governments to produce a set of codes to govern every legal aspect of a citizen's life. The lawmakers sometimes want to show that the legal rights of their citizens originated in the state, not in local customs, and thus it is the state that is to make law, not the courts. In order to separate the roles of the legislature and judiciary, it was necessary to make laws that were clear and comprehensive.

Task 5. Translate the following word combinations into Russian. Pay

Task 6. What do you know about the following legal documents of the UK and the USA? Translate their names into Russian.

1.Magna Carta (Great Charter)

2.Habeas Corpus Act

3.The Petition of Rights

4.The Bill of Rights

5.The US Declaration of Independence

6.The American Constitution

7.The US Bill of Rights

8.Miranda Warning

Task 7. The following is a minimal Miranda warning, as outlined in the Miranda v Arizona case. Translate it into Russian.

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.”

The following is a much more verbose Miranda warning, designed to cover all bases that a detainee might encounter while in police custody. A detainee may be asked to sign a statement acknowledging the following.

“You have the right to remain silent and refuse to answer questions. Do you understand?

Anything you do say may be used against you in a court of law. Do you understand?

You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?

If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?

If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?

Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?”

UNIT 2. LEGISLATION

Task 1. Compare the way the title of a British statute and a Russian law is formulated. What are the similarities and differences? Are they reflected in translation?

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Consolidated Fund Act 2007

Local Democracy, Economic Development and Construction Act 2009

Федеральный закон от 1 июня 2005 г. № 53-ФЗ «О государственном языке Российской Федерации» Федеральный закон от 29 июля 2004 г. № 98-ФЗ «О коммерческой тайне»

(с изменениями от 2 февраля, 18 декабря 2006 г., 24 июля 2007 г.)

Task 2. Study the list of the structural elements of British and American statutes and Russian federal laws. Provide their translation equivalents.

Task 3. Study typical provisions of a British statute. Translate them into Russian.

long title

An Act to make provision in connection with the Electoral Commission; to make provision about political donations, loans and related transactions and about political expenditure; and to make provision about elections and electoral registration.

An Act to make it an offence to obstruct or hinder persons who provide emergency services; and for connected purposes.

enacting formula

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows

interpretation/ definition sections

…“secondary legislation” means subordinate legislation or any other instrument made under primary legislation.

“FSMA 2000” means the Financial Services and Markets Act 2000.

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repeals

Section(s) … of … Act … (shall) cease to have effect. For repeals and revocations of enactments see Schedule ...

minor and consequential amendments

(1) Section 32 of the Children and Young Persons Act 1969 (detention of absentees) is amended as follows.

In subsection (1C) –

(a) after paragraph (a) insert –

“(aa) the person who made the arrangements under paragraph 9(3) of the Schedule to the Street Offences Act 1959;”,

(b)in paragraph (b) for “that Act” substitute “the Criminal Justice and Immigration Act 2008”, and

(c)omit the word “or” at the end of paragraph (c) and insert –

“(ca) the authority designated under paragraph 10(5) of the Schedule to the Street Offences Act 1959; or”.

transitional provisions and savings

Nothing in this Part prevents the Bank of England from having dealings with the operators of payment systems to which this Part does not apply.

commencement

This Act comes into force on such day as the Secretary of State may by order appoint.

This Act comes into force at the end of the period of two months beginning with the day on which it is passed.

extent

(1)This Act extends only to –

(a)England and Wales, and

(b)Scotland.

(2)But –

(a)section 82 extends only to Northern Ireland, and

(b)except as provided by subsection (3), an amendment of an enactment by this Act shall have the same extent as the enactment amended (or as the relevant part of the enactment amended).

(3)Paragraphs 36 to 38 and 41 to 56 of Schedule 3 (which amend the Estate Agents Act 1979 (c. 38) and the Disability Discrimination Act 1995 (c. 50)), together with corresponding entries in Schedule 4, shall not extend to Northern Ireland.

short title

This Act may be cited as the Political Parties and Elections Act 2009.

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Task 4. Translate the following sentences containing modal verbs. Make conclusions about the use of modal verbs in British statutes and their translation.

1.The Secretary of State may also by order establish a panel (“the advisory panel”) to provide advice and support to the corporation.

2.The amendments may include provision conferring power on the Secretary of State to make subordinate legislation.

3.The Secretary of State may not make an order under subsection (1) unless he is satisfied that it is necessary or expedient to do so in the interests of protecting wild birds or wild animals from harm.

4.Ministers of the Crown and the Law Commission must have regard to the protocol.

5.The application must be in writing and must contain particulars of the operations which are to be effected.

6.The application of the Committee’s seal must be authenticated by the signature…

7.An appointee must be of a description prescribed in regulations made by the appropriate national authority.

8.The Treasury shall make a compensation scheme order.

9.There shall be a body corporate to be known as the Charity Commission for England and Wales…

10.Those limits shall be deemed to have been in force from 2nd May 2006.

UNIT 3. THREE BRANCHES OF POWER

Task 1. Using English-English Dictionary, state the differences in the

Task 2. Fill in the following table.

The names of the executive bodies

The post of the head of an executive body

Task 3. Compare the judicial branch of power in England and the USA Translate the names of judicial bodies. What do you know about the Russian judicial system?

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England

HOUSE OF LORDS

COURT OF APPEAL

USA

FEDERAL SUPREME COURT

Name of legislative body Number of chambers Names of chambers

The way those who sit in the lower chamber are called The way those who sit in the upper chamber are called

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