THE USE OF "SHALL" IN LEGAL TRANSLATIONS: HOW
TO IDENTIFY AND WHEN TO REPLACE IT WITH
OTHER VERB FORMS IN ROMANIAN-ENGLISH
TRANSLATIONS
THE USE OF "SHALL" IN LEGAL TRANSLATIONS: HOW
TO IDENTIFY AND WHEN TO REPLACE IT WITH
OTHER VERB FORMS IN ROMANIAN-ENGLISH
TRANSLATIONS
Author(s): Marina-Cristiana RotaruSubject(s): Language studies, Language and Literature Studies, Applied Linguistics, Philology, Translation Studies
Published by: Editura Conspress
Keywords: shall; mandatory value; legal texts;
Summary/Abstract: The use of mandatory "shall" in legal texts is a distinct feature of the conservatism of legal language. This linguistic conservatism has been challenged by the literature in the past years, more and more voices supporting the view that mandatory "shall" can often be replaced by the modal verb "must" while the mandatory meaning remains unaltered. However, mandatory "shall" continues to hold ground in legal language. For Romanian legal translators, identifying when to use mandatory "shall" represents a serious challenge. Some knowledge in legal drafting may often be of help. But there may also be other clues that help spot places in a legal text where "shall" is required. This paper aims to identify some such clues that help signal to the translator that "shall" is not to be missed. Furthermore, the article illustrates situations when mandatory shall can be replaced by other verb forms.
- Issue Year: X/2017
- Issue No: 1
- Page Range: 87-100
- Page Count: 14
- Language: English
