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Luận văn tiếng Anh:Application of House’s Model for Translation Quality Assessment in Assessing the English phiên bản of the Vietnam’s Criminal Procedure Code no. 19/2003/QH11 = Áp dụng mô hình đánh giá chất lượng bản dịch của House vào việc đánh giá bản dịch tiếng Anh của Bộ luật tố tụng hình sự số 19/2003/QH11.
ABSTRACT
This study aims at assessing the quality of the English translation of the
Vietnamese Criminal Procedure Code. Among various approaches to, criteria
and models for translation quality assessment, House’s model is selected in
this study because it comprises a comprehensive set of parameters for
assessing functional and pragmatic equivalence of the translation text.
The analysis of and comparison between the ST and TT has yielded
significant results and implications for translating legal texts. Accordingly,
the TT is a “second original” or covert one; semantic translation method and
text-normative equivalence type are suggested for the translation of such type
of texts. However, the accurate interpretation of the Vietnamese provisions
can be achieved mainly thanks to the ultimate command of both SL and TL.
DECLARATION........................................................................................... i
ACKNOWLEDGEMENT ........................................................................... ii
ABSTRACT.................................................................................................iii
LIST OF ABBREVIATIONS ..................................................................... iv
LIST OF ABBREVIATIONS ...................................................................... v
TABLE OF CONTENTS............................................................................ vi
INTRODUCTION........................................................................................ 1
1. Rationale for the study ............................................................................... 1
2. Significance of the study ............................................................................ 2
3. Scope and objectives of the study............................................................... 3
3.1. Scope of the study ......................................................................... 3
3.2. Objectives of the study .................................................................. 3
3.3. Research questions ........................................................................ 4
4. Research methods....................................................................................... 4
5. Overview of the study ................................................................................ 5
CHAPTER 1: LITERATURE REVIEW.................................................... 6
1.1. Previous studies on legal language .......................................................... 6
1.2. Definition of translation........................................................................... 6
1.3. Approaches to translation quality assessment .......................................... 9
1.3.1. Anecdotal, biographical and neo-hermeneutic approaches to
judging translation quality ..................................................................... 10
1.3.2. Response-oriented, behavioural approaches to evaluating
translations ............................................................................................ 11
1.3.3. Text and discourse-based approaches ....................................... 12
1.4. Linguistic features of English legal language ........................................ 16
1.4.1. Vocabulary ............................................................................... 16
1.4.2. Syntax....................................................................................... 18
1.4.3. Other properties of law language .............................................. 23
1.5. Linguistic features of Vietnamese legal language.................................. 24
1.5.1. Vocabulary ............................................................................... 24
1.5.2. Syntax....................................................................................... 26
1.5.3. Other properties of legal language ............................................ 27
1.6. Conclusion ............................................................................................ 28
CHAPTER 2: METHODOLOGY............................................................. 29
2.1. House’s model for translation quality assessment.................................. 29
2.2. Operation of the model.......................................................................... 32
2.3. Two Types of Translation: Overt and Covert Translation...................... 37
CHAPTER 3: TRANSLATION QUALITY ASSESSMENT OF
SELECTED TEXT..................................................................................... 39
3.1. Analysis of Source Text ........................................................................ 39
3.2. Statement of function ............................................................................ 55
CHAPTER 4: FINDINGS AND DISCUSSION........................................ 57
4.1. Comparison of Target Text and Source Text ......................................... 57
4.2. Statement of Quality.............................................................................. 68
4.3. Quality of the translation ....................................................................... 68
CONCLUSION........................................................................................... 71
1. Recapitulation .......................................................................................... 71
2. Concluding remarks ................................................................................. 71
3. Implications for translating Vietnamese legal documents into English ..... 73
4. Suggestions for further studies ................................................................. 76
REFERENCES........................................................................................... 78
APPENDIX A: VIETNAMESE phiên bản OF THE SELECTED TEXT....... I
APPENDIX B. ENGLISH phiên bản OF THE SELECTED TEXT........XIII
INTRODUCTION
1. Rationale for the study
Vietnam has integrated into the common trends of the world in both
scope and depth. As a result, opportunities for our country to develop and
promote its image in the international area are numerous, whereas enormous
challenges posed to the public security forces are unable to be fought off
overnight, but it is required to initiate a well- planned roadmap including the
finalization of our legal system. As a matter of fact, laws constitute one of the
sharp and effective instruments to prevent and combat crimes. Vietnam is a
developing country which is lagged behind developed ones in terms of
science, technology, and legal and administrative system perfection as well.
Cooperation among law enforcement agencies worldwide, therefore, is in
urgent need to check the increasing types of crime. International extradition
and legal assistance are part of a step- forward finalization of our legal system
towards a cumber-free administration apparatus which is mainly inherited
from selective acceptance of and reference to other legal models of developed
countries. Equally important, Vietnam’s codes or laws should be analyzed and
made comparison with those of other nations in the light of legal perspective.
To that end, Vietnamese - English translation of such codes or laws is of
paramount significance, which somehow facilitates international legal
experts’ further contribution of their comments on or recommendations to our
adopted laws or bills. Furthermore, upon the settlement of criminal cases,
international law enforcement officers are equipped with certain body of
knowledge related to our procedures in crime investigation, trial, and
execution. English is an accepted contemporary international language;
consequently, an increasing number of documents in other languages are
being translated into English with no exception granted to the legal field. The
quality of such translations has gained untold attention and put under much
discussion. Translation theorists have their own initiated criteria for
translation quality assessment, with Julian House, a German linguist, as an
outstanding representative who worked out her model for translation quality
assessment.
In the hope of effective international integration in legal field, Vietnam
has ratified and amended a mixed variety of laws as an objective requirement.
In parallel with such laws’ efficiency in Vietnam’s territory, better
understanding should be bestowed upon foreign law enforcement offices via
reliable English versions of these laws in the fight against crimes. Though
these English versions do not have legal value, they do facilitate the process
of understanding and observing our laws by our counterparts. A good
translation of a legal document will mitigate misinterpretations and
misapplications, facilitating the settlement of criminal cases with foreign
related elements.
From the practice and status quo of the crime prevention and
suppression, our enacted law, the Vietnam’s Criminal Procedure Code no.
19/2003/QH11, is considered the most effective tool for international
cooperation namely international extradition, investigation, and trail of
transnational organized criminals. The Code has been translated into English
by the National Assembly Office. An assessment of the English phiên bản of the
Code is thus of practical requirements.
2. Significance of the study
The study will shed light on the features of the language of both
Vietnamese and English used in legal documents, thus making due
contribution to the acquisition of the distinctive features by students and
operational services.
The results of this study will Giúp test the quality of the English
translation of the Criminal Procedure Code 2003 of Vietnam under the model
developed by House (1997), and suggest any timely changes should there be
to limit avoidable misunderstandings by foreign law enforcement officers in
interpreting the law.
Besides, the study will also propose some suggestions concerning the
translation of Vietnamese authoritative legal documents into English. More
important, the comparison and contrast between the use of the two languages
used in the two versions are likely to function as references for students and
officers of the Ministry of Public Security for better translating Memoranda of
Understanding or Agreements between our legal bodies and their
counterparts.
3. Scope and objectives of the study
3.1. Scope of the study
The Criminal Procedure Code 2003 of Vietnam is composed of 346
articles, divided into 37 chapters. A study of the entire document is therefore
beyond the needed requirements of the paper. Therefore, the paper will put
chapter IX only under analysis, with the title of which being “Những quy định
chung về điều tra”. There are sixteen articles in this chapter, from Article 110
to Article 125.
3.2. Objectives of the study
The study is aimed at:
- Exploring the functional and pragmatic mismatches resulted from the
translation of the Vietnamese Criminal Code into English.
- Identifying the type of the English translation of the Code according the
model of translation quality assessment proposed by House.
- Assessing the quality of the English translation of the Code in the light
of the distinctive features of legal text in the English language.
3.3. Research questions
The study is aimed at finding answers to three following questions:
1. What are the functional and pragmatic mismatches between the
source text and the target one?
2. Is the translation, according to House’s model, overt or covert?
3. To what extent does the English translation of the Code satisfy the
requirements for translating a Vietnamese legal text into English?
4. Research methods
The paper is aimed at assessing the quality of the English translation of
the Criminal Procedure Code of Vietnam. Therefore, a set of parameters for
assessment is of necessity. Among the various criteria and models for
translation quality assessment, House’s model is selected in this study
because it is deemed to have a comprehensive set of parameters for assessing
functional and pragmatic equivalence of the translation text. Furthermore, as
House argues, the model can be applied with a wide range of texts.
In applying House’s model, a source text is first selected, then analyzed
to draw its textual profile along the eight situational dimensions and a
statement of function of the ST will be made. Similarly, a profile of the
translation text will be come up with and compared with the ST’s under the
same set of parameters to find out any possible mismatches before a statement
of quality can be drawn about the TT.
5. Overview of the study
The paper is composed of three chapters, excluding the Introduction
and Conclusion:
Chapter 1: Literature review
The first part of this chapter will first introduce some studies on legal
language in Vietnam.
The next two parts present some definitions of renowned scholars
worldwide and discuss different approaches to translation quality assessment,
respectively.
Linguistic features of both Vietnamese and English are also under in
depth analysis and comparison in the last two parts.
Chapter 2: Methodology
In this chapter, House’s model for translation quality assessment will
be introduced as the analytical framework and its operation model will also be
interpreted for the follow-up application.
Chapter 3: Translation quality assessment of selected text
The English translation of Chapter IX of the Code will be analyzed and
assessed on the basis of the aforesaid analytical framework with the same set
of parameters for both ST and TT.
Chapter 4: Findings and discussion
Findings about the quality of the translation text based on the
application of the model will be discussed and the research questions will be
answered.
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Luận văn tiếng Anh:Application of House’s Model for Translation Quality Assessment in Assessing the English phiên bản of the Vietnam’s Criminal Procedure Code no. 19/2003/QH11 = Áp dụng mô hình đánh giá chất lượng bản dịch của House vào việc đánh giá bản dịch tiếng Anh của Bộ luật tố tụng hình sự số 19/2003/QH11.
ABSTRACT
This study aims at assessing the quality of the English translation of the
Vietnamese Criminal Procedure Code. Among various approaches to, criteria
and models for translation quality assessment, House’s model is selected in
this study because it comprises a comprehensive set of parameters for
assessing functional and pragmatic equivalence of the translation text.
The analysis of and comparison between the ST and TT has yielded
significant results and implications for translating legal texts. Accordingly,
the TT is a “second original” or covert one; semantic translation method and
text-normative equivalence type are suggested for the translation of such type
of texts. However, the accurate interpretation of the Vietnamese provisions
can be achieved mainly thanks to the ultimate command of both SL and TL.
DECLARATION........................................................................................... i
ACKNOWLEDGEMENT ........................................................................... ii
ABSTRACT.................................................................................................iii
LIST OF ABBREVIATIONS ..................................................................... iv
LIST OF ABBREVIATIONS ...................................................................... v
TABLE OF CONTENTS............................................................................ vi
INTRODUCTION........................................................................................ 1
1. Rationale for the study ............................................................................... 1
2. Significance of the study ............................................................................ 2
3. Scope and objectives of the study............................................................... 3
3.1. Scope of the study ......................................................................... 3
3.2. Objectives of the study .................................................................. 3
3.3. Research questions ........................................................................ 4
4. Research methods....................................................................................... 4
5. Overview of the study ................................................................................ 5
CHAPTER 1: LITERATURE REVIEW.................................................... 6
1.1. Previous studies on legal language .......................................................... 6
1.2. Definition of translation........................................................................... 6
1.3. Approaches to translation quality assessment .......................................... 9
1.3.1. Anecdotal, biographical and neo-hermeneutic approaches to
judging translation quality ..................................................................... 10
1.3.2. Response-oriented, behavioural approaches to evaluating
translations ............................................................................................ 11
1.3.3. Text and discourse-based approaches ....................................... 12
1.4. Linguistic features of English legal language ........................................ 16
1.4.1. Vocabulary ............................................................................... 16
1.4.2. Syntax....................................................................................... 18
1.4.3. Other properties of law language .............................................. 23
1.5. Linguistic features of Vietnamese legal language.................................. 24
1.5.1. Vocabulary ............................................................................... 24
1.5.2. Syntax....................................................................................... 26
1.5.3. Other properties of legal language ............................................ 27
1.6. Conclusion ............................................................................................ 28
CHAPTER 2: METHODOLOGY............................................................. 29
2.1. House’s model for translation quality assessment.................................. 29
2.2. Operation of the model.......................................................................... 32
2.3. Two Types of Translation: Overt and Covert Translation...................... 37
CHAPTER 3: TRANSLATION QUALITY ASSESSMENT OF
SELECTED TEXT..................................................................................... 39
3.1. Analysis of Source Text ........................................................................ 39
3.2. Statement of function ............................................................................ 55
CHAPTER 4: FINDINGS AND DISCUSSION........................................ 57
4.1. Comparison of Target Text and Source Text ......................................... 57
4.2. Statement of Quality.............................................................................. 68
4.3. Quality of the translation ....................................................................... 68
CONCLUSION........................................................................................... 71
1. Recapitulation .......................................................................................... 71
2. Concluding remarks ................................................................................. 71
3. Implications for translating Vietnamese legal documents into English ..... 73
4. Suggestions for further studies ................................................................. 76
REFERENCES........................................................................................... 78
APPENDIX A: VIETNAMESE phiên bản OF THE SELECTED TEXT....... I
APPENDIX B. ENGLISH phiên bản OF THE SELECTED TEXT........XIII
INTRODUCTION
1. Rationale for the study
Vietnam has integrated into the common trends of the world in both
scope and depth. As a result, opportunities for our country to develop and
promote its image in the international area are numerous, whereas enormous
challenges posed to the public security forces are unable to be fought off
overnight, but it is required to initiate a well- planned roadmap including the
finalization of our legal system. As a matter of fact, laws constitute one of the
sharp and effective instruments to prevent and combat crimes. Vietnam is a
developing country which is lagged behind developed ones in terms of
science, technology, and legal and administrative system perfection as well.
Cooperation among law enforcement agencies worldwide, therefore, is in
urgent need to check the increasing types of crime. International extradition
and legal assistance are part of a step- forward finalization of our legal system
towards a cumber-free administration apparatus which is mainly inherited
from selective acceptance of and reference to other legal models of developed
countries. Equally important, Vietnam’s codes or laws should be analyzed and
made comparison with those of other nations in the light of legal perspective.
To that end, Vietnamese - English translation of such codes or laws is of
paramount significance, which somehow facilitates international legal
experts’ further contribution of their comments on or recommendations to our
adopted laws or bills. Furthermore, upon the settlement of criminal cases,
international law enforcement officers are equipped with certain body of
knowledge related to our procedures in crime investigation, trial, and
execution. English is an accepted contemporary international language;
consequently, an increasing number of documents in other languages are
being translated into English with no exception granted to the legal field. The
quality of such translations has gained untold attention and put under much
discussion. Translation theorists have their own initiated criteria for
translation quality assessment, with Julian House, a German linguist, as an
outstanding representative who worked out her model for translation quality
assessment.
In the hope of effective international integration in legal field, Vietnam
has ratified and amended a mixed variety of laws as an objective requirement.
In parallel with such laws’ efficiency in Vietnam’s territory, better
understanding should be bestowed upon foreign law enforcement offices via
reliable English versions of these laws in the fight against crimes. Though
these English versions do not have legal value, they do facilitate the process
of understanding and observing our laws by our counterparts. A good
translation of a legal document will mitigate misinterpretations and
misapplications, facilitating the settlement of criminal cases with foreign
related elements.
From the practice and status quo of the crime prevention and
suppression, our enacted law, the Vietnam’s Criminal Procedure Code no.
19/2003/QH11, is considered the most effective tool for international
cooperation namely international extradition, investigation, and trail of
transnational organized criminals. The Code has been translated into English
by the National Assembly Office. An assessment of the English phiên bản of the
Code is thus of practical requirements.
2. Significance of the study
The study will shed light on the features of the language of both
Vietnamese and English used in legal documents, thus making due
contribution to the acquisition of the distinctive features by students and
operational services.
The results of this study will Giúp test the quality of the English
translation of the Criminal Procedure Code 2003 of Vietnam under the model
developed by House (1997), and suggest any timely changes should there be
to limit avoidable misunderstandings by foreign law enforcement officers in
interpreting the law.
Besides, the study will also propose some suggestions concerning the
translation of Vietnamese authoritative legal documents into English. More
important, the comparison and contrast between the use of the two languages
used in the two versions are likely to function as references for students and
officers of the Ministry of Public Security for better translating Memoranda of
Understanding or Agreements between our legal bodies and their
counterparts.
3. Scope and objectives of the study
3.1. Scope of the study
The Criminal Procedure Code 2003 of Vietnam is composed of 346
articles, divided into 37 chapters. A study of the entire document is therefore
beyond the needed requirements of the paper. Therefore, the paper will put
chapter IX only under analysis, with the title of which being “Những quy định
chung về điều tra”. There are sixteen articles in this chapter, from Article 110
to Article 125.
3.2. Objectives of the study
The study is aimed at:
- Exploring the functional and pragmatic mismatches resulted from the
translation of the Vietnamese Criminal Code into English.
- Identifying the type of the English translation of the Code according the
model of translation quality assessment proposed by House.
- Assessing the quality of the English translation of the Code in the light
of the distinctive features of legal text in the English language.
3.3. Research questions
The study is aimed at finding answers to three following questions:
1. What are the functional and pragmatic mismatches between the
source text and the target one?
2. Is the translation, according to House’s model, overt or covert?
3. To what extent does the English translation of the Code satisfy the
requirements for translating a Vietnamese legal text into English?
4. Research methods
The paper is aimed at assessing the quality of the English translation of
the Criminal Procedure Code of Vietnam. Therefore, a set of parameters for
assessment is of necessity. Among the various criteria and models for
translation quality assessment, House’s model is selected in this study
because it is deemed to have a comprehensive set of parameters for assessing
functional and pragmatic equivalence of the translation text. Furthermore, as
House argues, the model can be applied with a wide range of texts.
In applying House’s model, a source text is first selected, then analyzed
to draw its textual profile along the eight situational dimensions and a
statement of function of the ST will be made. Similarly, a profile of the
translation text will be come up with and compared with the ST’s under the
same set of parameters to find out any possible mismatches before a statement
of quality can be drawn about the TT.
5. Overview of the study
The paper is composed of three chapters, excluding the Introduction
and Conclusion:
Chapter 1: Literature review
The first part of this chapter will first introduce some studies on legal
language in Vietnam.
The next two parts present some definitions of renowned scholars
worldwide and discuss different approaches to translation quality assessment,
respectively.
Linguistic features of both Vietnamese and English are also under in
depth analysis and comparison in the last two parts.
Chapter 2: Methodology
In this chapter, House’s model for translation quality assessment will
be introduced as the analytical framework and its operation model will also be
interpreted for the follow-up application.
Chapter 3: Translation quality assessment of selected text
The English translation of Chapter IX of the Code will be analyzed and
assessed on the basis of the aforesaid analytical framework with the same set
of parameters for both ST and TT.
Chapter 4: Findings and discussion
Findings about the quality of the translation text based on the
application of the model will be discussed and the research questions will be
answered.
Do Drive thay đổi chính sách, nên một số link cũ yêu cầu duyệt download. các bạn chỉ cần làm theo hướng dẫn.
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