Who owns the words?

According to Michel de Montaigne, “the word belongs half to the speaker, half to the listener“, which means that, to a large extent, once we express an idea or thought, it does not longer belong entirely to us, and it becomes part of the recipient of our message.

The importance of words lies not only in what we say, but also in what we keep silent about. And it often happens that we regret having said certain things that would have been better left unsaid. Hence the importance of measuring well what we say, how we say it, in what context and who is the addressee of our words.

From Beethoven’s “do not break the silence unless you can improve it“, to Xenocrates’ “I have often regretted to have spoken, but never to have kept silent“, there are many phrases that remind us that speaking may entail certain risks and that sometimes it is better not to say anything and to keep silent.

In a way, it is a question of moderation, of knowing when to speak or express our opinion and when it is better not to do so. When to speak and when to just listen. Because it is assumed that when someone speaks, there is someone who listens, although it often happens that we only hear what the other person says, but we are not really listening, attentively and actively, but only hearing.

On the other hand, it may happen that our words are reproduced by a third party, by someone who has heard us and transmits our message, or by the media, which echoes what we have said. In this case, the risk may be that what we have really said may be misrepresented, with the consequent damage to our image or reputation, if the error is maintained and not corrected.

Words, then, seem to be able to take on a life of their own, beyond our original purpose in letting them go. A life that may be longer or shorter, depending on the success they achieve in society and in history.

The classics still live on today, after many centuries, but there are ideas, books, thoughts, or manifestos that no one remembers a few hours or days after they have seen the light of day.

The messages may come from our own culture and our mother tongue, or they may come from languages we do not understand, and cultural environments far from our own. Here too there is a risk of misrepresentation because words have to be translated from one language to another, i.e., converted or mutated, or “passed from one place to another”, according to their meaning in Latin.

Traduttore, traditore sums up, in a certain way – although perhaps in a somewhat pejorative and unfair way – the risk that exists when passing words, concepts or ideas from their original language to another, so that they reach a larger public or a specific addressee who needs to understand something that has been written in a language that he or she does not master.

Words, those linguistic units that allow us to express what we want to say, are at the same time one of the most valuable treasures we have, but they can also be our ruin. Learning to master them, dose them, enhance them or hide them, is an art that requires time and patience, wisdom, and experience. It is an art that we can learn, as long as we want to be masters of what we say and not slaves to what we have said.

Words belong to us, ours and also those we hear or listen to. And beyond our decision to say them or to keep them, to listen to them or not to hear them, there is the importance of freedom. Freedom to express words and freedom to hear them.

Words are tools in our hands and hopefully we will all use them in a positive and constructive way, and in the right measure.

For a 2022 full of good, optimistic words.

Happy New Year!

What is a legal translation?

Legal translation is the translation of legal texts, i.e., all kinds of documents with legal content, from one language (source language) into another language (target language).

The legal texts to be translated can include all branches of law: business law, civil law, administrative law, constitutional law, international law, European Union law, etc., and the types of documents to be translated, too, from agreements and contracts to wills, notarial deeds, legal reports, legislation, academic articles on law, etc.

An important aspect of the translation of legal texts is their complexity, since not only the vocabulary involved is highly technical, but this vocabulary is part of a system of its own, the legal system, which has its own rules of operation, known by its specialists, the jurists, professionals trained in law.

In legal translation, then, a word is not merely a word that is translated from one language into another language, but a legal concept from a particular legal system – the legal system of the source language – which, once translated, must be understandable in another legal system – that of the target language.

Thus, special care must be taken in choosing the right words when translating a legal text, since it is not only the linguistic factor that plays a role, but also the legal aspect, since we have to assure that the original text makes sense in the target language, and also in the legal system in which the text is to be legally effective.

It is for this reason that legal translation requires both a knowledge of the languages involved in the translation and of the legal discipline, in which lawyers are its specialists.

A lawyer, therefore, both with legal knowledge and training in translation, will be especially prepared to carry out a faithful and careful translation, both from a linguistic and legal point of view, providing security and certainty to the translated document.

In future posts we will continue to go deeper into legal translation and its areas of specialisation. We hope you liked this post. Thanks for reading!

Legal translation: what for?

Legal translation, as we mentioned in the previous post, is the translation of legal texts from one language into another. The reason why translation is necessary can be of various kinds. Let’s take a look at it.

Many times, a person has to sign a certain document in another language – the sale and purchase of a property abroad, for example – and before doing so, the person obviously needs to read and understand what he/she is about to sign, so he/she will need to have the original text translated into his/her own language, in order to know what exactly he/she is going to sign.

In addition, in these cases, the person will probably also have the advice of a lawyer, who will be able to advise the client on the transaction and give him/her the most relevant information. In any case, it is always advisable that the person himself can read the legal document in question, and if this person does not know the language in which it is written or does not have an adequate level for a good understanding, he/she can ask for a legal translation of it. In many cases, it can also be the person who translates the text, if he or she is also a lawyer, who can inform you client about the legal consequences of the of the document to be translated. This can be a very interesting and practical possibility for the client.

Legal translation, as we mentioned in the previous post, is the translation of legal texts from one language into another. The reason why translation is necessary can be of various kinds. Let’s take a look at it.

Many times, a person has to sign a certain document in another language – the sale and purchase of a property abroad, for example – and before doing so, the person obviously needs to read and understand what he/she is about to sign, so he/she will need to have the original text translated into his/her own language, in order to know what exactly he/she is going to sign.

In addition, in these cases, the person will probably also have the advice of a lawyer, who will be able to advise the client on the transaction and give him/her the most relevant information. In any case, it is always advisable that the person himself can read the legal document in question, and if this person does not know the language in which it is written or does not have an adequate level for a good understanding, he/she can ask for a legal translation of it. In many cases, it can also be the person who translates the text, if he or she is also a lawyer, who can inform you client about the legal consequences of the of the document to be translated. This can be a very interesting and practical possibility for the client.

Legal translation or sworn translation?

Legal translation and sworn translation are different concepts, although they are not very far from each other, and sometimes there is a confusion as to what they mean. Let’s see what it is all about.

As we said in post 1, legal translation is the translation of a legal document from one language into another. And as we saw in post 2, there are different cases in which a legal translation is needed, so there may be several reasons that lead a person, institution, public administration, law firm, etc. to request the translation of a legal document.

A sworn translation, on the other hand, is any translation (legal or otherwise) that has been done by a translator duly authorised by official bodies. This sworn translator, when carrying out the translation, gives it a certain degree of officialdom, since he or she is vested with the powers granted by the authorising body or institution (in the case of Spain, the Ministry of Foreign Affairs, European Union, and Cooperation). The translation, from a technical point of view, does not present any specificity compared to a translation that is not a worn translation. The only difference, then, is that a sworn translation carries with it this official seal, which gives it a kind of officialdom.

So why is it necessary, in certain cases, for a translation to be a sworn translation? Well, in some cases this will be mandatory when submitting the translated document before some official instances.

So, for example, in order to register certain documents at public registers, or for a foreign document, written in another language, to be fully effective in another country, it will be necessary to translate this document and the translation need to be a sworn translation. A marriage certificate, the deed of incorporation of a company, or a foreign judgment, would be three examples of documents that may require a sworn translation.

But in many other cases, a legal translation will suffice, without the need for the translation to be a sworn translation.

We hope we have done our bit to make these two concepts and their differences more understandable. If you have any questions, please contact us via email, and we will be happy to answer them.

And, as always, thanks very much for reading us!