The Legal Cultural Transmission in Legal English Language and Translation开题报告

1. 研究目的与意义

With the deepening of economic globalization, the cross-cultural and cross-national dissemination of law has increased. The Four-Sphere Confidence proposed by General Secretary Xi Jinping includes systemic and cultural confidence, which naturally includes legal culture and legal system confidence. Due to the differences between Chinese and foreign legal systems, Chinese enterprises have suffered huge economic losses due to conflicts caused by improper translations in their business cooperation with international enterprises. To spread Chinese legal culture well and solve transnational legal problems, legal translation work is particularly important.

The country needs a large number of qualified foreign-related legal talents, including high-level translation talents of legal English. Legal translation, especially legal English translation, is one of the important contents of foreign-related legal work. This is because English legal language is an international legal language. There is a foreign-related legal talent shortage in the current domestic environment, foreign-related legal work must be completed with the help of legal translation. So legal translation work is obviously import. A very important factor affecting the smooth implementation of legal translation work is the legal culture. Different legal cultures of different countries affect the the accuracy of translation work by legal translators. Therefore, this paper mainly discusses the legal cultural transference in legal English language and translation, and briefly proposes some translation strategies.

2. 研究内容和预期目标

the legal cultural transference in legal english language and translation

3. 国内外研究现状

the term 'legal culture' originated from the american scholar lawrence friedman, who first proposed and defined the meaning of legal culture in his article 'legal culture and social development', arguing that legal culture refers to 'the network of values and attitudes relating to law, which determines when and why and where people turn to law or government, or turn away'(friedman, 1969). however, his focus is on modern western legal culture, and he rarely deals with traditional and non-western legal culture. thus, his concept of legal culture is similar to the concept of legal consciousness, which lacks attention to history and culture. on the other hand, merryman thinks legal tradition is a set of deeply rooted and historically conditioned ideas about the nature of law, about the place of law in society and the body politic, about the exclusive organization and application of legal institutions, and about how law is or should be made, applied, studied, refined, and taught. he related the legal system, to some extent, to culture. however, he does not analyze and study this in depth, and his understanding is somewhat too narrow, leaving out the factor of legal system(merryman, 1969). scholar bell elaborated the concept of legal culture more macroscopically: legal culture encompasses history, system environment, legislative and judicial activities, perceptions and attitudes of legal actors, legal professionals, constitutive norms and values, etc. it includes the whole range of legal phenomena(bell, 2012). chinese scholars have also defined legal culture from different perspectives: 'legal culture is an indispensable component of human cultural system and an important component of social spiritual civilization; legal culture is the crystallization of wisdom and spiritual wealth created by human beings engaged in legal activities in the long process of civilization progress, and is the cultural basis for the existence and development of social legal phenomena; it is the sum of legal ideology, the legal system and organization adapted to legal ideology' (liu, 2002). 'the so-called legal culture is a phenomenon , a science and a method. when talking about legal culture, the first thing is to understand law as a cultural phenomenon. any effective law must have a fundamentally harmonious relationship with the inherent ideas of the people living under it' (liang, 1987). but in my opinion, all these concepts seem to be somewhat complicated and vague. in contrast, gao hongjun thinks about and defines the concept of legal culture from the perspective of legal concepts. he expresses it as: “legal culture refers to the legal values and concepts rooted in history and culture in a particular society ”(gao, 2007). here, i agree more with his viewpoint, but this viewpoint will seem somewhat abstract for non-expert.

4. 计划与进度安排

It is expected that the opening report will be completed from the end of April to the beginning of May, the first draft will be completed on May 15th, the revision of the first draft will be completed from May 15th to the 18th, and the thesis check will be completed on May 21th.

5. 参考文献

[1]bell, j. . (2008). french legal cultures. cambridge university press.

[2]ea nida. (1964). toward a science of translating. e.j.brill(4).