Jul 16, 2014

JATLAW 日本語法律関係文書の英訳に役立つ『立法』の知識 講演者: 鈴木將文氏

By Mika Jarmusz 

法令に関する日本語表現のルール・慣行は、内閣や議院の法制局による法令審査において厳格に守られており、各中央省庁や地方自治体の法的文書、裁判所の判決などでも遵守・尊重されていますが、契約書など私人間の取引における法的文書ではさほど徹底されていないケースもあります。それでも適合する文書は理解しやすく明快であり、逆にこれを無視する文書はそれだけで粗雑に見られることもあるため要注意です。

法、法令、法律の使い分けは、「法律」(国会が制定する法) <「法令」(成文の国内法。法律のほか、政令、省令、条令などを含む。) <「法」(法令に加え、国際法、慣習法、条理なども含む。) となります。

法令の小世界では、特定の用語に独自の意味が与えられることもあり、法令の一部分のみで通用するような定義が用語に付されることもあります。また定義規定などの概念説明においては、その説明が包括的・限定的なものなのか、それとも非限定的な (例示に過ぎない) ものなのかを見分ける必要があります。

「しなければならない」は、法的義務を意味する (守らなければ何らかの法的な不利益を受ける) 場合もあれば、努力義務を意味する (守らなくても直接的な法的不利益はない) 場合もあります。「するものとする」 は、私人に対しては法的義務の意味になるようです。

[[A, B and C] and D] and E
は「AB及びC並びにD並びにE」となり、「及び」は一回しか使いません。

[[A, B or C] or D] or E は「AB若しくはC若しくはD又はE」となります。and/or には通常「又は」を用いますが、このため曖昧さが生じることもあります。なぜなら「A又はB」という表現は「Aのみ」「Bのみ」「ABの両方」の三者のいずれかを意味する場合もあれば、前二者のいずれかのみを意味する場合もあるからです。

「者」は自然人と法人に使いますが、例えば「・・・の者であって、・・・のものは、・・・」のように関係代名詞風に繰り返して用いる場合には、二回目はひらがなで「もの」とします。

日本の法的文書では、特に「等」は多用される傾向にあり、読点「、」は極力省かれる傾向にあります。

鈴木將文教授のわかりやすい解説でこれまでのモヤモヤがかなり解消できました。


May 8, 2014

Words and 言葉



Taken Out of Context:
The Importance of Context in Japanese-into-English Translation
(Part 1) by Jim Davis

Japanese is a high-context language. Among other consequences of this fact we find that in a Japanese document the context in which a statement is made exerts particularly strong influence over the way information is presented. Viewed from the opposite point of view, the type of information that is included in—or is omitted from—a particular Japanese sentence is heavily dependent upon the context in which that sentence appears. Thus, the translator must identify and make use of all potential sources of information within a text that can clarify which among several possible interpretations of a word or phrase is the one intended by the author. Context plays a role not only when multiple meanings exist for an individual word or a phrase, but also when topics or subjects are omitted, when antecedents are not clearly specified, and when idiomatic references are made. The latter point is particularly relevant when linguistic borrowing takes place and idiomatic expressions from English or other languages are rendered in Japanese.

Here I will present several specific examples to illustrate how context provides essential information that can assist the Japanese-into-English translator in producing a translation that is complete, accurate, and natural sounding. All of the Japanese example sentences appeared in books or technical papers that were used in Japanese courses that are offered at the University of Wisconsin-Madison. A sentence translation that is surrounded by quotation marks was prepared by a student in one of those courses; a sentence translation that is surrounded by asterisks (***) is my own.

Example 1: Use of a noun for a figurative, rather than literal, meaning

The following sentence appeared in a Wikipedia article on the Internet:

渡す側の理由としては、「袖の下を渡すと医者の態度が全然違う」が一番多い。   (1)

The character means “sleeve,” so the literal meaning of the phrase 袖の下 would be “under the sleeve” or “beneath the sleeve.” However, the use of quotation marks in the sentence suggests that a literal meaning is not intended. It is clear that the writer is using a figure of speech. The verb 渡す means “to deliver,” “to hand over,” or “to provide (someone with money).” In this particular sentence the phrase 袖の下 functions as the direct object of this verb. From the context we may conclude that 袖の下 actually refers to a bribe or money that is handed from one person to another “under the table.” The Japanese phrase 袖の下 conveys the image of someone hiding something in the sleeve of a kimono or perhaps letting the kimono sleeve fall onto an envelope of cash that was conveniently left on a table. This Japanese phrase and the English expression “under the table” both suggest a desire to hide some action from the view of others.

The character also appeared in the following passage from a newspaper article that was published by the 日本経済新聞 several years ago:

民主党の鳩山由紀夫幹事長は 12 日、福島市内で街頭演説し、米国による北朝鮮のテロ支援国家指定解除について「1 年に 2 度も首相が代わるから、日米同盟を命のように思っていても米国から袖にされる   (2)

In this instance becomes part of the expression 袖にされる, which is simply the passive equivalent of 袖にする. A literal interpretation of 袖にされる would be “is given the sleeve,” but this clearly does not make sense. From the context we can determine that Japan is “suffering” from this action by the United States. In fact, 袖にされる is an idiomatic expression that means “is ignored,” “is taken lightly,” “is not appreciated,” “is given the brush-off,” or “is given the cold shoulder.” Any one of these meanings would be valid in this particular context. The close physical proximity between “sleeve” and “shoulder” suggests that the Japanese and English expressions may have a common link through the gesture of turning one’s back on someone who is not liked or is not respected, but this is pure conjecture.

Example 2: Familiar words in an unfamiliar context

In a book that describes some of the problems confronting the Japanese economy the author writes the following sentence:

七〇〜八〇年代は二度の石油ショックを経て安定成長期に入り、成長率は%台後半に低下した。さらに、九〇年代初頭のバブル崩壊後はさらに低下%台前半で推移した。   (3)

Two students offered the following translations:

During the 1970s and 80s, Japan experienced two oil crises and entered a period of stable growth, with growth rates slowing to a high three percentage points. The growth rate fell further in the early 1990s, following the collapse of the Bubble, hovering at rates below a half a percent.

In the period from 1970 to 1980, after passing through two oil crises a period of stable growth was entered. The growth rate then declined to a level of 3% in the latter half of this period. In addition, in the beginning of the 1990s there was an additional decline after the collapse of the Bubble, changing to a level of 1% within the first half of that decade.

The words 前半 and 後半 are widely used to convey the meanings “first half” and “second half,” respectively, for an interval of time, a game, or a battle. However, in this instance each term follows the character , which in turn follows a percentage value. The character literally refers to a pedestal, a platform, a stand, or some object for supporting other items. When the same character follows a numerical value, it usually refers to a “level” or a “mark” on a numerical scale. Based on this information we may conclude that the expression 三%台後半 refers to the “second half” of an interval that lies above the “three percent level.” The most logical choice for this interval would be the interval between 3.0% and 4.0%.

Using similar reasoning we may assume that the expression 一%台前半 represents the “first half” of an interval that lies above the “one percent level.” The most logical choice for this interval would be the interval between 1.0% and 2.0%. The first student recognized the percentage values but did not understand the relationship between 後半 or 前半 and the stated percentage. The second student also recognized the percentage values but assumed that 後半 and 前半 referred to an interval of time, even though there is no explicit reference to a time interval in either phrase. In this example the key point for the translator is to recognize that the “interval” in question is a percentage increment. With this thought in mind we understand that the phrase 三%台後半 refers to “the 3.5-3.9% range,” and the phrase 一%台前半 represents “the 1.0-1.4% range.”

(to be continued)

Jim Davis is Professor and Director of the Technical Japanese Program in the Dept. of Engineering Professional Development at the University of Wisconsin-Madison.


Feb 19, 2014

Webinar: Translation Techniques for Creating Natural English from Japanese

    The Northern California Translators Association people asked me to share
    information on the webinar below with any interested colleagues. The title
    is "Translation Techniques for Creating Natural English from Japanese." The
    presenter is Mike (Steve) Karpa.

    Please see this page for details and registration info:
    http://www.ncta.org/displayconvention.cfm?conventionnbr=12737

    This webinar earns one ATA CE point.

    If you miss the live version, or simply would like to hear it again, you
    can listen to the recorded version for 90 days after the presentation date.

    Best,
    Katy Bridges

Feb 16, 2014

Feb 1, 2014

Words and 言葉 by Jim Davis

Meaning-based Translation and the Search for Equivalent Impact

Two key questions for translators are: “What is the writer of the source text saying?” and “What would a native speaker of the target language say in this situation?” To answer the first question, translators need at least a near-native grasp of the source language grammar and patterns of usage, as well as a clear understanding of the content. This grasp of the source language and this understanding of the content are usually acquired over a long period of time through repeated exposure and close attention to detail.

Translating meaning, rather than words, allows the translator to look beyond individual words and break sentences into units of meaning. A unit of meaning could be a single field-specific term or it could be a figure of speech, such as an idiomatic expression. Awareness of context helps the translator select the correct meaning (among several possibilities) for a specific word or phrase in a specific situation. Awareness of context also allows the translator to “read between the lines” and translate meaning that does not appear explicitly. Thus, context helps the translator answer both questions. Context also provides hints regarding the appropriate style, register and tone for the translation—all of which are necessary for equivalent impact. In essence, grammar tells the translator what options (in terms of meaning) are possible; context tells the translator which option is intended in a specific situation.

One example is the expression 菅降ろし. This expression appeared frequently in Japanese publications during the latter months of the Kan administration. It refers to attempts by elected officials—including some members of Prime Minister Kan’s own party—to remove him from his position. The headline “菅降ろし与野党で 首相は譲らず” appeared in the 毎日新聞 in June of 2011. One option that accurately captures the meaning would be, “Prime Minister Kan Refuses to Yield to Ruling and Opposition Party Efforts to Drive Him from Office.” However, keeping in mind that this is a newspaper headline, a more suitable translation might read, “Kan Fights Ouster by Ruling and Opposition Parties.” Background knowledge, an understanding of grammar, and an awareness of context lead the translator to the ultimate goal: a translation that conveys the intended meaning and has the same impact on the target-language reader that the source-language text has on the source-language reader.

This article originally appeared in Translator Perspectives 2012, published by the Japan Association of Translators.

Jim Davis is Professor and Director of the Technical Japanese Program in the Dept. of Engineering Professional Development at the University of Wisconsin-Madison.