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Translating contracts as 'culturemes'

Authors: Kocbek, Alenka;

Translating contracts as 'culturemes'

Abstract

The paper proposes a translation model for contracts in which different stances, i.e. Snell Hornby’s integrated approach (1995), the functionalist views with the 'skopos' theory (Reiß & Vermeer 1984) and the concept of 'cultureme' (Oksaar 1988: 26-27; Vermeer 1983: 8; Nord 1997: 34), as well as Chesterman’s theory of 'memes' (1997) are upgraded with the findings of comparative law regarding differences between legal systems and their impacts on the corresponding legal languages. The model consists of ten phases, each addressing one of the specific linguistic and extra-linguistic aspects of the contract as a text type. When translating contracts, a very specific situation may arise with respect to the cultural embeddedness of the target text, since memes of different legal cultures may co-exist on its various levels in order to meet the 'skopos' of the translation. This is especially the case when the contracting parties decide to use a third language as a 'lingua franca', which may lack any direct correlation with the legal culture(s) underlying the contract.

Country
Italy
Related Organizations
Keywords

Functionalist views, Concept of 'cultureme', Translation model for contracts, 'Skopos' theory of the translation, Comparative law

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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