Translating names of constitutional bodies in legal texts: Italian translation of names of Slovenian constitutional bodies in different types of legal texts

Translating names of constitutional bodies in legal texts: Italian translation of names of Slovenian constitutional bodies in different types of legal texts

Sandro Paolucci
University of Ljubljana, Slovenia
 
 
ABSTRACT
This article concisely presents how the names of state bodies may be translated (in this case, from Slovenian into Italian) using various translation strategies that are effective and appropriate for every individual case according to the sometimes varying text type and function of the translated text in the target language and culture. The method consists of research to identify actual translations of these names depending on the type of text and its function (normative, expository, or informative). For research purposes, the texts are divided into: (a) normative legal texts: binding for the recipients (e.g., laws and regulations); (b) expository legal texts: partially binding or non-binding for the recipients (e.g., scholarly articles, conference acts, lessons, and legal memory); and (c) informative legal texts: non-binding for the recipients (e.g., texts from newspaper websites, journals, and television broadcasts for the Italian minority). The results obtained, especially in normative texts, were somewhat heterogeneous and unsatisfactory, and therefore the author proposes his own suggestions based on the experience he has gained in this field as well as taking into account prominent theorists such as Šarčević, de Groot, Cao, Sacco, Megale, and others. In particular, in translations of the names of state bodies, various strategies are applied depending on the type of text and its function: (a) Italian translations of the names of Slovenian constitutional bodies in legislative legal texts, such as the constitution in particular, should be as formal as possible, even literal translations, not only out of respect for the intent of the legislator, but also for reasons of coherence and terminological consistency, which promotes transparency and recognition by recipients, and also safeguards the principle of legal certainty;; (b) Translations of the same names in legal texts of a partially binding or non-binding character, such as expository and informative texts, should be functional and, with regard to the type of text and its specific function, more accessible to the target-language recipients.
 
KEYWORDS
Names of constitutional bodies, equivalence, translation strategies, legal translator, legal texts, coherence and terminological consistency, legal certainty.