Käännös oikeudellisen normitiedon välittäjänä

Kirjoittajat

• Tuija Kinnunen

DOI:

https://doi.org/10.61200/mikael.145939

Abstrakti

This article is based on my Ph.D. study Translation as a source of law – a study of legal concepts and their translation which was published at the University of Tampere in 2006. The article focuses on the possibility and impossibility of mediating legal information and on the interpretation of translated legal information. International mobility has increased the number of cases where the parties involved represent several nationalities and where some issues need to be settled on the basis of translations of foreign rules and laws.

The empirical analysis of a Finnish law and its German translation provided an understanding of how profound a conceptual analysis is required in translating legislation. The analysis showed that legal concepts connect each paragraph to several comprehensive frames of institutional knowledge. The differences between the knowledge frames of the two systems give reason to expect that there may be risks involved in superficial interpretation. The knowledge frames analyzed in the study not only contained information related to interpreting the basic meaning of the concept but they also included extensive information which is entwined in the entire functioning of the judicial institution, for example in the functional processes related to these concepts (schemas).