Masaryk University
Faculty of Arts
Department of English
and American Studies
English Language and Literature
Andrea Boesovä
Legal Discourse in Translation:
A Sample Essay with Commentary
B.A. Major Thesis
Supervisor: Ing. Mgr. Jiří Rambousek
/ declare that I have worked on this thesis independently,
using only the primary and secondary sources listed in the bibliography
Acknowledgements
I owe thanks to my supervisor Ing. Mgr. Jiří Rambousek for helpful guidance and
valuable advice. I would like to thank Jana for her encouragement during the process of
writing this B A thesis. I would also like to thank my boyfriend Martin for his kindness,
attentiveness, support and encouragement. Last but not least, I owe thanks to my family for
making my studies and writing this B A thesis possible.
TABLE OF CONTENTS
1. Introduction 1
2. Method of Approach 3
2.1. Referential Level 4
2.1.1. Cultural and Historical Background 5
2.1.2. Meanings of the Expression of'the Common Law' and its History 6
3. Text-types and Language Function 8
3.1. Equivalence of the Target Text 10
4. Intention of the Author and the Translator 11
4.1. The Readership 13
5. Literary v. Non-literary Translation 14
6. Non-fiction v. Specialised Translation 15
6.1. Types of Legal Texts 17
7. The Process of Specialised Translation 17
7.1. Stylistics in Specialised Translation 18
7.1.1. The Impersonality of English Academic Texts Compared to Its
Czech Equivalents 19
7.1.2. Word Order 20
7.2 Formal Style in English 21
8. English Essay and its Characteristics 22
8.1. Czech Essay 23
9. Legal English 24
9.1. Syntax of Legal English 25
9.2. Ambiguity in Legal Language 27
10. Individual problems 28
10.1. Translating Titles 28
10.2. Latin Terminology 29
10.3. The Use of Italics 30
10.4. Proper Names 31
10.4. Technical Terms 32
11. Conclusion 34
Bibliography 35
Appendices
Appendix 1: A.W.B. Simpson "The Common Law and Legal Theory
Introduction (Simpson, ed. 1973: 77-80)
Appendix 2: translation "Obyčejové právo a právní teorie"
Appendix 3: A.W.B. Simpson "The Common Law and Legal Theory
Common Law as Customary Law
Appendix 4: translation "Obyčejové právo jako právo zvykové"