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Miller
is a French-English, English-French
translator, and, at Burden of
Proof Research, provides general
translation services (translation
of any sort from French to English),
including:
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Literary
translation, French to English;
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Legal
translation (documents, cases, articles, etc.), French
to English;
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Business
translation of any kind, French to English.
When provided with your documents
to be translated, Burden of Proof
can quote exact fees.
Par l'entremise de Burden of Proof Research, Miller travail comme traducteur, principalement français-anglais. Il fournit:
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Traductions
litéraires;
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Toutes
sortes de traductions légaux
(documents, rapports des causes,
articles, livres, etc.);
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Toutes
sortes de traductions pour affaires,
etc.
Pour en obtenir un devis, veuillez nous faire parvenir les détails pertinents.
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| As
time permits, Miller is preparing a guidebook on legal translation.
Here is a short selection from that text (copyright©Burden
of Proof Research Inc., all rights reserved): |
From
the thirteenth through the sixteenth centuries, the everyday
language of British law continued to be French, just as it
was the everyday language of the royal court. As the entrenched
idiom of the conquered, English struggled manfully against
Norman French, with the result that the law reports of the
period preserve that curious dialect most safely called Law
French. To quote another pointed aside from Pollock and Maitland,
"To dignify with the name 'Norman-French' the mere 'dog-French'
that we find in law reports of the sixteenth century is ridiculous."
Probably the most notorious example of what brought on this
dismissive tone is the 1621 report of the prisoner "condemne
pur felony que puis son condemnation ject un brickbat a le
dit justice que narrowly mist, et pur ceo immediately fuit
Indictment drawn per Noy envers le prisoner, & son dexter
manus ampute & fix al Gibbet sur que luy mesme immediatement
hange in presence de Court."
[That is, he was "condemned for a felony and upon his
condemnation threw a brickbat at the said justice, which narrowly
missed, and for this Noy immediately drew up an indictment
against the prisoner, and his right hand was chopped off and
fixed to the gibbet where he himself was immediately hanged
in the presence of the court."]
One could argue, without one's tongue entirely in one's cheek,
that because such language is already bilingual, it needs
no translation. But if we were to attempt a translation, a
couple of alternatives come to mind -- alternatives which
reflect the sort of choices the translator is obliged to make
constantly, in even less trying circumstances. If the translator
wanted to stay really true to the spirit of the fragment,
he might simply "reverse out" everything, rendering
the anglicisms into French and francisms into English: "the
prisoner throw'd a pierre at the said justice which faillit
de le frapper." The trouble, of course, is that this
is painfully reminiscent of the joke that the correct translation
of "hit the road" is "frapper la rue."
But it has the virtue of showing how right Pollock and Maitland
were about Law French, at least in its dying days.
A safer choice, probably, is simply to give the text as it
is, then translate it into the target language -- "the
prisoner threw a brickbat at the justice, and the missile
narrowly missed him"; "le juge faillit être
frappé par une pierre que le prisonnier avait jeté,"
or something like that. The wrong choice can invite yet more
post-Conquest catastrophe. A 1637 translation of Conustable
v. Clowbury, for example, reads:
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Clow.
fraights [loads his cargo on] the wife of Conustable,
who covenants with Clow. that his wife shall go
with the next wind to Calles; and Clow. covenants
that if the wife shall go the intended voyage and
return, &c, that he should pay to Conustable
200 pounds. And the plaintiff [Conustable] ... counts
that the defendant ... does not shew nor averr that
the wife did go with the next wind. The defendant
pleads a special plea, and ... that the wife went
with the next wind. ...
[In other words: Clow. says that Conustable agreed
to send his "wife" to sea loaded with
Clow.'s cargo, but Conustable never lived up to
the bargain and, instead, shipped his wife out only
later. Conustable replies that in fact he shipped
his wife out with Conustable's goods as soon as
possible, namely, "with the next wind."]
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Learned
speculation has it that what the translator rendered in
English as "wife" was the Law French niefe, which
had two meanings: "wife of a villein or feudal serf"
and "ship."
Some legal words that migrated into English are a direct
result of such mistranslations. The history of culprit
is graphic in this regard. When an accused person pled non
culpabilis or, in Law French, nient culpable,
not guilty, the Crown usually responded in Law French, "Culpable;
prest [or prist] d'averrer nostre bille:" "We
say the prisoner is guilty and we are ready to prove our
indictment." The court clerk then would abbreviate
the Crown's reply on the record as "Cul: prest"
or "Cul: prist," meaning the Crown was formally
ready to proceed. To verify this notation, the clerk next
read it aloud, abbreviations and all, and put the accused
to his election of method of trial: "Cul: prist. How
wilt thou be tried?" As one commentator puts it, "this
naturally induced the ignorant among the audience to suppose
that culprit was an appellation given the prisoner"
-- "Culprit! How will you be tried?" So much for
the presumption of innocence. There never developed any
direct French equivalent to culprit, never mind that
the masses believed it was French, or Law French, in the
first place. The word in French remained coupable, "the
guilty person."
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| Burden
of Proof also provides legal research and consulting services
to the legal profession, and occasionally publishes newsletters. |
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