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Resumen: This article provides evidence for the applicability of free translation to legal texts, based on an examination of actual cases of Japanese-to-English translation of agreements and contracts in which problems arise from literal translation. The data analysis shows that pitfalls associated with literal translation are attributable to not only the difficulty of finding terminological equivalents that inevitably arises from the differences in the Japanese and American legal and cultural systems, but also to the importance of preserving the spirit of mutual trust and cooperation that is found in Japanese business transactions. It is also postulated that general linguistic and interpretive problems inherent in Japanese-to-English translation of nontechnical texts, including redundancy, ambiguity, propensity for nonspecific statements, and the lack of linguistic clues (e.g., indicators of number), have fundamental, but not well understood, implications for legal translation. The conclusions indicate the need for an integrated approach to legal translation practice that uses both literal and free translations, taking into full account the linguistic, cultural, and legal factors at work in the translation process.

Resumen: CAPÍTULO 1: Las secciones del contrato, las cláusulas contractuales y sus diversos tipos; CAPÍTULO 2: La redacción de los contratos - términos, grupos de afinidad y estructuras característicos; CAPÍTULO 3: Garantías; CAPÍTULO 4: Jurisdicción y competencia; CAPÍTULO 5: Caso fortuito y fuerza mayor; CAPÍTULO 6: Extinción de los contratos; CAPÍTULO 7: Traducción comentada de un contrato; CAPÍTULO 8: Análisis de cláusulas problemáticas en castellano y criterios de traducción al inglés.

Resumen: The aim of this book is to provide an easy introduction to the understanding of Legal English. The book is in four parts. In the first and second parts, a theoretical background is provided where emphasis is place on analysing the peculiar features of this variety of ESP (English for Specific Purposes). A linguistic approach (both morphological and semantical) has been adopted, although other disciplines have also been taken into account, in particular sociolinguistics. This is so because Legal English is the jargon (despectively dismissed as «legalese») of an elite whose job is the meting out of justice. The third part deals with translation but from a theoretical point of view. By making use of (mostly) pragmatic concepts. A framework has been established to account for as many meanings in the texts as possible. The fourth section contains texts and documents, as well as introductions in most cases, illustrative of the different areas of the Law (Housing Law, Criminal Law, etc). Special care has been taken to select a wide variety of texts and documents to allow readers to enjoy an overview of Legal English at work. This section is heavily annotated. These notes provide explanations and translations into Spanish of the most difficult words, expressions and concepts.