Culturèmes et implicite dans la langue juridique. Quelques « points névralgiques » de la traduction français-roumain
Culturemes and Implicit Aspects in Legal Language. Several ‘Pitfalls’ in French-Romanian Translations

Summary/Abstract: This paper focuses on the translation of legal discourse. In order to solve the translation difficulties, the translator needs to move from the terminological approach, which is merely descriptive, to the discursive approach, which allows a broader analysis of legal texts. Translation difficulties can be terminological and discursive, in other words, cultural, the latter category being the most resistant to translation. As legal systems are mostly national phenomena, we can speak about various legal cultures and, implicitly, about culture-bound legal terms. In order to solve the issue of lack of correspondence between two legal systems, the translator can search for the “functional equivalence” and translate “concept by concept” rather than translate “word for word”. Besides his/her linguistic capacity, the translator must have a cultural competence and resort to comparative analysis. A useful step in this respect is the creation of Legal Translation Studies and the elaboration of dictionaries of culture-bound legal terms.

• Details
• Contents