• https://doi.org/10.14746/cl.54.2023.5Copy DOI Icon

Preface to the Special Issue

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Abstract

Observing the challenges of the translation of legal texts in China, it is noteworthy that the source language, until the plethoric legislation under Dèng Xiǎopíng, was mainly German.The challenge eventually consisted in finding or 'inventing' adequate Chinese terms to render the German terms of art.Then the pendulum swung back.Chinese became the source language as Chinese statutes had to be translated into English.The challenge for the translators is a new and different one, because the English legal terms refer to the common law system (while Chinese law belongs to the Germanic legal family).What is for instance for a Chinese court the legal value of a translation which leads an existence beside the original text, e.g. of the English translation of a disposition of the Chinese Civil Code?A court is, generally speaking, only bound by an 'authentic' translation,not by a simple official or by a private translation.Moreover, in the hypothesis that both language versions are authentic, the court has, in case of divergence between them, the obligation to reconcile the two versions.For a courtor an arbitrator, a legal counsel or a scholarhaving to interpret and apply a particular disposition in a pending case, the added value of a translation is the following one.The interpretation which the translator himself gives of the text which he has to translate, can influence and facilitate their subsequent

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