On substance, form and proper translation

 

[Two diamond structures*]

The most important issue for purchasers of translation should be product quality. While price impacts budget allocation, the effectiveness of the translation affects the practical use of the text. The challenge, especially when dealing with an unfamiliar language, is assessing that quality. I suggest posting two questions on any translation product, specifically on content and form. The correct answer on both questions provides a strong indication of high quality.

To clarify the meaning of content and form, all documents contain a message consisting of larger ideas and specific details. The translation must accurately reflect those elements both in terms of the concept and the relative importance of the details. If the word choice misleads or confuses the reader, the translation is not effective. However, the form of the document and sentence syntax needs to reflect that message as it is understood by the reader of the target language. For example, the rate of usage of passive or short sentences varies from language to language and creates different impressions. While short, direct sentences is generally considered acceptable communitive language in English, especially in marketing and technical texts, such sentences are considered choppy and lower register in Arabic or French. Thus, in most cases, the syntax of the translation may and even should differ from that of the original text. This difference is acceptable as long as the content and style are in line with each other.

Adding to the challenge of accurate translation is the natural difference in vocabulary among languages. Concepts do not have a 1:1 ratio in terms of translation. In some cases, while one language may have on word, another language has two or more or even none. A prime example is the concept to wear for which English has the single verb while Hebrew has more than seven different words, depending on the item to be worn. In some cases, words may be more or less inclusive. An example in the Hebrew-English combination is the Hebrew word יעיל [ya’il] can be translated into effective or efficient in English. Thus, the translator may have to add words to transmit the same idea or may be able to eliminate them without harming the content.

Of course, depending on the type of translation, the freedom of expression granted to the translator varies. For court transcripts and some medical documents, precision is of the highest priority with even the smallest differences in meaning and form having significance in some cases. By contrast, in many literary translations, the linguist has the privilege and duty of finding a natural way to transmit the writer’s intention. Two examples are changing poetry to prose if it is impossible to recreate both the meaning and rhythm of the original and localizing content, such as the change in the order of the diseases  in 3 Men in a boat to keep the list in alphabetical order. In most cases, the translator not only has the option but often the obligation to adjust the form to the content.

Thus, when receiving the final translation in an unknown and foreign language, it is vital to receive an assessment of its effectiveness. To do so, the first step is to ask one or more native speakers of the target language what the document is trying to say, with emphasis on the main points. If the message is essentially identical to that of the source document, the next step is to ask if the form, i.e., language and structure, interferes with that message because it is somehow incongruous, including due to overly literal translation or faithfulness to the original sentence structure. If the answer is negative, it means that translator professionally transmitted the message. Any dissonance indicates that the translation can be improved and may be ineffective. In this manner, the concept of a “good” translation is specified and qualified.

It is clear that paying for an ineffective translation is a poor choice, regardless of the budget. The customer can and should assess the quality of translated document by asking two questions, one about the message and the other about the form, from potential members of the target audience or native speaker of that language. A clearly positive result should inspire confidence in the document and the translator.

* Captions help the blind gain full access to the Internet.

Picture credit: Image by <a href="https://pixabay.com/users/jarkkomanty-661512/?utm_source=link-attribution&amp;utm_medium=referral&amp;utm_campaign=image&amp;utm_content=3196968">Jarkko Mänty</a> from <a href="https://pixabay.com/?utm_source=link-attribution&amp;utm_medium=referral&amp;utm_campaign=image&amp;utm_content=3196968">Pixabay</a>

Legal digitalization – A catalyst for change – the ILLA (The International Language and Law Association) Conference – 2021

 

[Courthouse*]

I had the pleasure of participating this last week in the ILLA hybrid conference from Bergamo, Italy focusing on the digitization of legal discourse. As usual, the learned field of lecturers provided varying and illuminating perspectives on the changes in the legal field made possible by technology and spurred forward by the Covid situation. In the lectures that I attended, three aspects stood out, notably the evolution of legal forms, communication and substance.

Clearly, the physical barriers imposed by Covid restrictions have forced courts to adopt modern means of procedure. As Daniel Greineder noted, arbitration courts have significantly increased their use of video presentation and online evidence submitting facilitated by use of Live Note or similar software as well as rapid hearing transcripts. On a geographically larger scale, the International Court of Justice proceedings in Africa, as reported by Jekaterina Nikitina, involved mass use of video technology for both advocates and witness, including intentional hiding of faces and voices in the latter case. On an interesting note, the court allowed and requested attorneys appearing via video not to stand before the judges as the cameras would no longer be on their faces, a contrast from traditional court practice. Thus, courts have adopted to the availability of technology and difficulties of current circumstances by liberalizing their procedures.

On a communicative level, this digitization can create issues of vocabulary, intent and design form. Martina Bajcic and Martina Ticic researched key terms of EU online processes, specifically small claims, and noted the tension between use of the same term for all countries when the given term is not commonly known in a given country, giving the example of the word “domicile” in Croatia. Similarly, Sotira Skytrioiri showed how the words “bank” and “headquartered” can have different meanings, depending on specific jurisdiction, highlighting the relevant question whether an Internet bank has a territory. Giuliana Diani discussed the use of legal blogs that extract formal legal opinions to serve as a basis of personal points of view regarding the matters at hand, quickly transforming the decision from a final judgment to a basis for popular argument for legal lay persons. On the design level, Helena Haapio and Anna Hurmerinta-Haanpaa described and provided examples of actual user-friendly design, including the use of software to provide simple interpretations of legal text and a 3-level approach to online legal information: simple instructions, summary of conditions and full text, each accessible by a simple click. It was clear that the accepted manner of communicating law by Internet is in the process of change.

The most intriguing aspect was the impact on legal digitization on the present and future. Ruth Breeze compared non-commercial free advice websites with those of attorneys seeking new customers. Unfortunately, it required great viewer sophistication to distinguish the two, meaning that, through “colonization” the Internet has clearly blurred the difference between NGO legal assistance and aggressive legal firms. On a larger note, Dieter Stein noted the transition of law from oral, i.e., historical, to written, i.e., enactive, to digital, i.e., reactive. To clarify, while oral law was a form of precedent, written law was a guide for future activity, stable and slow to evolve. By contrast, online sites can change their content within minutes without any visual record of the change. On the one hand, these sites provide updated information on current regulations, quite valuable with the constant flux of Covid rules, among other matters. On the other hand, the sheer simplicity of the revision brings the disturbing image from Orwell’s 1984 of the constant, granted non-digital, changing of the news and modifying of the past. I am not sure that the long-term effects of this instant update are for the ultimate benefit of the citizen. Regardless, digitalization is changing the nature of the law.

I apologize for failing to mention the other speakers as I was unable to attend all the lectures. My own contribution was on the importance and manner of writing legal English in a manner that an average reader can understand. I also wish to thank the organizers for managing a hybrid conference quite seamlessly, a living example of digitalization on legal conferences. They provided a wonderful forum to help legal scholars of all kinds view the process of legal digitalization with a much wider lens, gaining a deeper perspective of the present situation and appreciation of future developments.

* Picture captions help the blind access the Internet.

Picture credit: Image by <a href="https://pixabay.com/users/mbraun0223-2118828/?utm_source=link-attribution&amp;utm_medium=referral&amp;utm_campaign=image&amp;utm_content=1223280">Mike Braun</a> from <a href="https://pixabay.com/?utm_source=link-attribution&amp;utm_medium=referral&amp;utm_campaign=image&amp;utm_content=1223280">Pixabay</a>

Great expectations – Service provider- PM relations

 

[Two puzzle pieces*]

One of the most vital links in the LSP as well as other business processes is the relationship between the service provider, often a translator, and the project manager. When smooth, it leads to optimal efficiency but, when flawed, can create production delays and poor products. One cause of tension is the fact that translator and PM have only partial knowledge of the difficulties faced by the other party. Yet, in practice, they share the similar expectations of their colleague. Some 18 years of experience working with PMs and long-term relations with many of them have led to believe that the keys for a successful partnership are mutual respect for timeliness, insistence on meticulousness and faith in the good intentions of the other party.

["Deadline]

The translation business, as most other businesses, is structured by deadlines. Clearly, customers expect the finished product by the agreed time. Also, as ISO and less official QA process generally involve multiple stages, it is vital for all providers to meet their insistence deadline in order to avoid a domino effect on the entire process. It is my experience that PMs value translators that deliver their document on time without prompting. While unpleasant surprises such as illness or computer failures occasionally occur, these incidents should be extremely rare. In practice, this means that translators need to consider their deadline very carefully and report any issues as soon as possible. From the vendor point of view, translators respect PMs that quickly reply to queries as the answers are often vital for the project. They also appreciate receiving all information, including venue passwords, customer requirements and POs, in a timely manner such that the translator does not have to invest time in additional emails to attain that information. If any issues arise, linguists appreciate updates as soon as the PM has the information. In regards to companies with non-automated systems, I enjoy a prompt confirmation of the receipt of the translated document as I know that I do not have to worry about any email issues. When both translator and PM respect each other’s time, it makes the whole process not only more efficient but more pleasant.

[Snakeskin pattern]

Of course, attention to detail by both parties is vital for product quality. Clearly, good translators strive very hard to produce accurate translations, investing sufficient time in QA. As part of this process, attentive translators make a policy to read and reread the instructions to avoid wasted work and post-delivery revision. Effective PMs make sure that the translators have all the tools required to succeed, including access to originals and the required format. Attentive PMs also provide vital information related to the translation, such as the intended audience and spelling of the name in the target information. In fruitful PM-service provider relations, each side is pulling its weight.

[Jackdaw cleaning jackday]

As on all partnerships, trust is the key. Specifically, it is important that each party believes in the good faith of the other and its willingness to learn from incidents. All PMs clearly desire a smooth flow but proficient ones understand that sometimes “shit happens”. Likewise, experienced translators keep in mind that the PM may be involved with numerous projects and venders at the same time. Thus, a healthy PM-translator relation involves the belief that the other party is doing the best it can. When an issue arises, the emphasis is on solving it and learning from the experience, not establishing financial responsibility. The lessons learned solidify the basis for cooperation as both parties understand that they have a serious partner, one that cares about the result.

Timely, meticulous and good faith cooperation between service provider and project manager in all fields provide a solid basis for an effective and long-term collaboration. Of course, other factors influence the relationship, including rate structures and corporate culture. Still, if these basic expectations are met, it will be the best of times.

* Picture captions allow the blind access the Internet.

All picture via Pixabay.