论文部分内容阅读
摘要：This thesis attempts to solve certain issues involved in E-C translation of contracts from a stylistic perspective at the lexical level. Through a comparison of two pairs of English and Chinese contracts, certain lexical similarities and differences are discovered. Based on these features, relevant translation techniques are approached.
关键词：contract English; English contract; lexical features
中图分类号：H31 文献标识码：A 文章编号：1009-0118（2011）-07-0-02
1. Introduction
In translation practice, it is recognized that the style of the language must be taken into account for an accurate and idiomatic translation, especially in the translation of contracts. Some translators ignore or take for granted certain stylistic similarities and differences between English and Chinese contracts and hence unable to render them in the target language.
The significance of the study lies in both the theory and practice. Contracts, as a sub-variety of the language of law, have its own stylistic features in English as well as in Chinese. It is these features that distinguish contracts from other varieties or sub-varieties. Lord Mansfield, one of the most famous English judges, once observed that “most of the disputes in the world arise from words”. He told us the significance of lexicon. Only under this prerequisite, can translators obtain accurate rendition in proper style. Therefore, it is of great importance to view E-C translation of contracts from a stylistic perspective, especially the lexical level.
2. Analyses of English and Chinese Contracts
In this paper, four contracts, two in English and two in Chinese, will be analyzed to demonstrate the stylistic similarities and differences between the two languages of contracts, comparison constitutes a major method adopted in this thesis.
These four contracts are rather long. El and E2 are composed of 39 and 28 sentences with 2,288 and 1,175 words used. C1 and C2 consist of 25 and 17 sentences while 2,998 and 1,227 words are employed respectively. Most of the sentences are quite long with subordinate clauses. Due to their lengths, full texts are not provided in the paper. For convenient reference, the two English contracts are marked as El and E2 while the two Chinese ones C1 and C2. In terms of situational factors, E1 is a written, formal, legally binding document with its specific field on technology transfer, while E2 concerns equipment leasing. As to the Chinese ones, C1 pertains to mortgage loans while C2 involves exclusive sales.
3. The Lexical Features of Contract English
3.1. Technical Words
In the English contracts, it is natural that technical words can be discovered since contracts can involve every specialized field in which certain technical terms have to be used. For instance, in El and E2, terms such as technology transfer, descriptions of manufacturing, bills of materials, letter of guarantee, industrial property rights, know-how, specifications, are quite technical in the specific fields. In addition, terms such as arbitration, force majeure, and arbitration award are also fairly specialized legal terms. In C1 and C2, technical terms also enjoy frequent occurrences. Terms such as 抵押房產、第一优先抵押权、授权、按揭、权益、转口 are highly technical. Therefore, it can be concluded that in English and Chinese contracts, the use of technical terms is quite common.
3.2. Formal Words
In addition to the use of technical words, formal words are also frequently employed in both English and Chinese contracts. In E1 and E2, words and phrases such as substantial, confidential, purchase, insufficient, penalty, stipulate, authorized via, which are of French or Latinate origin and quite formal, can be easily recognized. In C1 and C2, there are similar occurrences. For instance, formal words such as 該、予、经、特、应、如、或 are preferred to their colloquial use, since in Chinese, single-character terms are generally more formal than those composed of two or more characters (张中行, 1988: 21). Like the technical words employed in C1 and C2, they are mostly functional, too.
3.3. Archaic Words
Besides technical and formal words, in English contracts, certain words are especially eye-catching such as witnesseth in El, which is rather archaic and less frequently used in Modern English. In fact, few use this word in daily life, and to an English learner, this word looks so odd. However, drafters of contract tend to choose this word as a tradition, although its alternative witnesses can perform exactly the same function. In addition, words such as herein, hereof, hereby, hereto, which have a long history, are frequently used in the two English contracts. These words are rather archaic. In addition, they are mostly adverbs. In El, adverbs are used for 37 times, while 25 times they occur in the form like herein or hereof. In E2, adverbs are employed 10 times with 7 of them in such a form. This frequent use of archaic words renders the texts rather formal. Therefore, it is justified to state that in English contracts, archaic words are often employed to complement the formality of this sub-variety. This constitutes a distinct feature of the English language of contracts.
In Chinese contracts, a similar phenomenon occurs, though the archaic words are difficult to spot at the first sight. Formally, these words do not manifest any oddities like the English word witnesseth, and sometimes people forget that they are the words that were frequently utilized in ancient Chinese classics, since nowadays they are still often employed in highly formal varieties. However, they can be regarded as an equivalent use of archaic words in English contracts as well. For example, certain Chinese words such as 亦、若、倘、惟、概, which are ancient expressions (刘宓庆, 1985:562), are often used in Chinese contracts. These ancient words are generally functional ones in Chinese. In C1 and C2, such words are recurrently employed. In CI, the above-mentioned ancient Chinese words occur 15 times while in total there are 47 functional words. In C2, functional words are used 25 times, 7 of which are 若 and 亦. This shows that Chinese contracts tend to use ancient functional words, which are equivalent to the use of archaic words in English contracts, to highlight its formal style.
3.4. Coordination
Another feature of English contracts at the lexical level is the coordination of synonyms or near-synonyms. In El and E2, such coordination is apparent, such as sole and exclusive, null and void, terms and conditions, transfers and grants, differences and disputes, fulfill and perform. However, in C1 and C2, similar coordination can not be discerned as for the sake of conciseness, synonyms are rarely used in Chinese contracts.
4. Translation Techniques
4.1. Standards for a Good Translation of Contracts
Contracts in essence stipulate the conferring of rights and the imposition of obligations. Therefore, the fundamental and foremost feature of the language of contracts is precision and exactness. Thus in E-C translation of contracts, the Chinese rendition should be very faithful without distorting or changing the original intention. Otherwise, misinterpretation or even legal consequences may occur (陳忠诚,1992:16).In short, a good Chinese rendition of an English contract must be, on the one hand, very faithful to the original without any distortion of the intention. On the other hand, it should conform to the norms of Chinese contracts so as to ensure its clarity and readability. To this end, translators of contracts are required to obtain certain translation techniques.
4.2. Translation Techniques---at the Lexical Level
At this level, it has been found in the previous analyses that both English and Chinese contracts contain the use of archaic words or expressions, which add a touch of formality to the entire style. Therefore, in the process of E-C translation of contracts, such a similarity must be highlighted. Sometimes, in translating the archaic words in the original text, translators can not find equivalent archaic expressions in Chinese. On such occasions, translators can use formal expressions to render the archaic words in the source text or they can utilize certain ancient Chinese expressions in appropriate places to demonstrate the formal style, even if archaic words are not used in the corresponding positions in the original.
Actually, draftsmen of Chinese contracts often utilize the following expressions such as 亦、即、兹、并、于、为、之、未、均, which enjoyed a very high frequency in ancient Chinese writings, to manifest the formality and solemnity of contracts. Therefore, translators had better employ these ancient or formal words to make their Chinese rendition formal, solemn and concise.
In translating technical terms in English contracts, translators must make sure the Chinese rendition is also technical. In this regard, it will not constitute a major problem in E-C translation of contracts as long as translators refer to reliable sources.
Another issue involved in E-C translation of contracts at the lexical level is how to render the coordination of synonym or near synonym. Translators should keep in mind that the Chinese language of contracts is precise as well as concise, and one concept is clearly expressed by a single word or term. Thus it is common practice to use one single term in Chinese to reproduce the concept expressed by the coordination of synonyms or near synonyms in the original. Take the following translation as an example :
O: Subject to the conditions hereinafter set forth, Party A will indemnify and protect Party B against any losses or damages.
T: 在下述情况下，甲方将保护乙方不受任何损失。
In the English sentence, there are two examples of the coordination of synonyms or near synonyms, which are indemnify and protect and losses or damages. However, in the Chinese rendition, the coordination is not rendered. Instead, a single word is selected to convey the concepts expressed by the coordination of synonyms in the original.
Furthermore, in translating an English word or expression, once translators have chosen a proper Chinese equivalent for it, he must adhere to this rendition, refraining from using synonyms by which he intends to show elegance of writing. Otherwise, readers of the Chinese rendition may assume that the synonyms denote something else, which will possibly result in confusion and ambiguity.
5. Conclusions and Suggestions
As has been discussed before, in translating contracts, all the stylistic similarities and differences have to be properly handled with the help of appropriate techniques. To sum up, this thesis is an attempt to widen readers' perspective on translation of contracts, and it explores E-C translation of contracts from the angle of the lexical level, while the perspective of syntactic level, textual level and C-E translation of contracts are excluded. Therefore, C-E translation is also a topic worth exploring for translation theorists and practitioners. It centers on only one of the dimensions, while further explorations in other dimensions will certainly be of great significance to translators of contracts as well.
參考文献：
[1]Halliday,M.A.K.and Hasan,R.Cohesion in English.London:Longman.[7],1976.
[2]Mellinkoff, David.The Language of the Law.Boston:Little,Brown & Co.1963.
[3]Newmark,Peter.Approaches to Translation.Oxford:Pergamon. 1981.
[4]Sheridan,Baker.The Practical Stylist.New York: Thomas Y.Cromwell Company.1977.
关键词：contract English; English contract; lexical features
中图分类号：H31 文献标识码：A 文章编号：1009-0118（2011）-07-0-02
1. Introduction
In translation practice, it is recognized that the style of the language must be taken into account for an accurate and idiomatic translation, especially in the translation of contracts. Some translators ignore or take for granted certain stylistic similarities and differences between English and Chinese contracts and hence unable to render them in the target language.
The significance of the study lies in both the theory and practice. Contracts, as a sub-variety of the language of law, have its own stylistic features in English as well as in Chinese. It is these features that distinguish contracts from other varieties or sub-varieties. Lord Mansfield, one of the most famous English judges, once observed that “most of the disputes in the world arise from words”. He told us the significance of lexicon. Only under this prerequisite, can translators obtain accurate rendition in proper style. Therefore, it is of great importance to view E-C translation of contracts from a stylistic perspective, especially the lexical level.
2. Analyses of English and Chinese Contracts
In this paper, four contracts, two in English and two in Chinese, will be analyzed to demonstrate the stylistic similarities and differences between the two languages of contracts, comparison constitutes a major method adopted in this thesis.
These four contracts are rather long. El and E2 are composed of 39 and 28 sentences with 2,288 and 1,175 words used. C1 and C2 consist of 25 and 17 sentences while 2,998 and 1,227 words are employed respectively. Most of the sentences are quite long with subordinate clauses. Due to their lengths, full texts are not provided in the paper. For convenient reference, the two English contracts are marked as El and E2 while the two Chinese ones C1 and C2. In terms of situational factors, E1 is a written, formal, legally binding document with its specific field on technology transfer, while E2 concerns equipment leasing. As to the Chinese ones, C1 pertains to mortgage loans while C2 involves exclusive sales.
3. The Lexical Features of Contract English
3.1. Technical Words
In the English contracts, it is natural that technical words can be discovered since contracts can involve every specialized field in which certain technical terms have to be used. For instance, in El and E2, terms such as technology transfer, descriptions of manufacturing, bills of materials, letter of guarantee, industrial property rights, know-how, specifications, are quite technical in the specific fields. In addition, terms such as arbitration, force majeure, and arbitration award are also fairly specialized legal terms. In C1 and C2, technical terms also enjoy frequent occurrences. Terms such as 抵押房產、第一优先抵押权、授权、按揭、权益、转口 are highly technical. Therefore, it can be concluded that in English and Chinese contracts, the use of technical terms is quite common.
3.2. Formal Words
In addition to the use of technical words, formal words are also frequently employed in both English and Chinese contracts. In E1 and E2, words and phrases such as substantial, confidential, purchase, insufficient, penalty, stipulate, authorized via, which are of French or Latinate origin and quite formal, can be easily recognized. In C1 and C2, there are similar occurrences. For instance, formal words such as 該、予、经、特、应、如、或 are preferred to their colloquial use, since in Chinese, single-character terms are generally more formal than those composed of two or more characters (张中行, 1988: 21). Like the technical words employed in C1 and C2, they are mostly functional, too.
3.3. Archaic Words
Besides technical and formal words, in English contracts, certain words are especially eye-catching such as witnesseth in El, which is rather archaic and less frequently used in Modern English. In fact, few use this word in daily life, and to an English learner, this word looks so odd. However, drafters of contract tend to choose this word as a tradition, although its alternative witnesses can perform exactly the same function. In addition, words such as herein, hereof, hereby, hereto, which have a long history, are frequently used in the two English contracts. These words are rather archaic. In addition, they are mostly adverbs. In El, adverbs are used for 37 times, while 25 times they occur in the form like herein or hereof. In E2, adverbs are employed 10 times with 7 of them in such a form. This frequent use of archaic words renders the texts rather formal. Therefore, it is justified to state that in English contracts, archaic words are often employed to complement the formality of this sub-variety. This constitutes a distinct feature of the English language of contracts.
In Chinese contracts, a similar phenomenon occurs, though the archaic words are difficult to spot at the first sight. Formally, these words do not manifest any oddities like the English word witnesseth, and sometimes people forget that they are the words that were frequently utilized in ancient Chinese classics, since nowadays they are still often employed in highly formal varieties. However, they can be regarded as an equivalent use of archaic words in English contracts as well. For example, certain Chinese words such as 亦、若、倘、惟、概, which are ancient expressions (刘宓庆, 1985:562), are often used in Chinese contracts. These ancient words are generally functional ones in Chinese. In C1 and C2, such words are recurrently employed. In CI, the above-mentioned ancient Chinese words occur 15 times while in total there are 47 functional words. In C2, functional words are used 25 times, 7 of which are 若 and 亦. This shows that Chinese contracts tend to use ancient functional words, which are equivalent to the use of archaic words in English contracts, to highlight its formal style.
3.4. Coordination
Another feature of English contracts at the lexical level is the coordination of synonyms or near-synonyms. In El and E2, such coordination is apparent, such as sole and exclusive, null and void, terms and conditions, transfers and grants, differences and disputes, fulfill and perform. However, in C1 and C2, similar coordination can not be discerned as for the sake of conciseness, synonyms are rarely used in Chinese contracts.
4. Translation Techniques
4.1. Standards for a Good Translation of Contracts
Contracts in essence stipulate the conferring of rights and the imposition of obligations. Therefore, the fundamental and foremost feature of the language of contracts is precision and exactness. Thus in E-C translation of contracts, the Chinese rendition should be very faithful without distorting or changing the original intention. Otherwise, misinterpretation or even legal consequences may occur (陳忠诚,1992:16).In short, a good Chinese rendition of an English contract must be, on the one hand, very faithful to the original without any distortion of the intention. On the other hand, it should conform to the norms of Chinese contracts so as to ensure its clarity and readability. To this end, translators of contracts are required to obtain certain translation techniques.
4.2. Translation Techniques---at the Lexical Level
At this level, it has been found in the previous analyses that both English and Chinese contracts contain the use of archaic words or expressions, which add a touch of formality to the entire style. Therefore, in the process of E-C translation of contracts, such a similarity must be highlighted. Sometimes, in translating the archaic words in the original text, translators can not find equivalent archaic expressions in Chinese. On such occasions, translators can use formal expressions to render the archaic words in the source text or they can utilize certain ancient Chinese expressions in appropriate places to demonstrate the formal style, even if archaic words are not used in the corresponding positions in the original.
Actually, draftsmen of Chinese contracts often utilize the following expressions such as 亦、即、兹、并、于、为、之、未、均, which enjoyed a very high frequency in ancient Chinese writings, to manifest the formality and solemnity of contracts. Therefore, translators had better employ these ancient or formal words to make their Chinese rendition formal, solemn and concise.
In translating technical terms in English contracts, translators must make sure the Chinese rendition is also technical. In this regard, it will not constitute a major problem in E-C translation of contracts as long as translators refer to reliable sources.
Another issue involved in E-C translation of contracts at the lexical level is how to render the coordination of synonym or near synonym. Translators should keep in mind that the Chinese language of contracts is precise as well as concise, and one concept is clearly expressed by a single word or term. Thus it is common practice to use one single term in Chinese to reproduce the concept expressed by the coordination of synonyms or near synonyms in the original. Take the following translation as an example :
O: Subject to the conditions hereinafter set forth, Party A will indemnify and protect Party B against any losses or damages.
T: 在下述情况下，甲方将保护乙方不受任何损失。
In the English sentence, there are two examples of the coordination of synonyms or near synonyms, which are indemnify and protect and losses or damages. However, in the Chinese rendition, the coordination is not rendered. Instead, a single word is selected to convey the concepts expressed by the coordination of synonyms in the original.
Furthermore, in translating an English word or expression, once translators have chosen a proper Chinese equivalent for it, he must adhere to this rendition, refraining from using synonyms by which he intends to show elegance of writing. Otherwise, readers of the Chinese rendition may assume that the synonyms denote something else, which will possibly result in confusion and ambiguity.
5. Conclusions and Suggestions
As has been discussed before, in translating contracts, all the stylistic similarities and differences have to be properly handled with the help of appropriate techniques. To sum up, this thesis is an attempt to widen readers' perspective on translation of contracts, and it explores E-C translation of contracts from the angle of the lexical level, while the perspective of syntactic level, textual level and C-E translation of contracts are excluded. Therefore, C-E translation is also a topic worth exploring for translation theorists and practitioners. It centers on only one of the dimensions, while further explorations in other dimensions will certainly be of great significance to translators of contracts as well.
參考文献：
[1]Halliday,M.A.K.and Hasan,R.Cohesion in English.London:Longman.[7],1976.
[2]Mellinkoff, David.The Language of the Law.Boston:Little,Brown & Co.1963.
[3]Newmark,Peter.Approaches to Translation.Oxford:Pergamon. 1981.
[4]Sheridan,Baker.The Practical Stylist.New York: Thomas Y.Cromwell Company.1977.