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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: The translation of Inazo Nitobe's Bushido: the Soul of Japan (1905) by Millán-Astray, the founder of the Spanish Foreign Legion (1941), has been studied from the point of view of the contexts, pretexts and texts of the source text (ST) and the translated text (TT). Nitobe's context and pretext meant that his discourse was primarily one of cultural mediation, an attempt to build bridges between East and West, but also to strengthen the position of Japan. Millán-Astray's context and pretext meant that his discourse was intended to inspire the youth of Spain, but also, and this was even more important, to strengthen Franco's regime and give prestige to the Spanish Foreign Legion. The pretexts of both author and translator can be found in the paratextual elements of the ST (1905) and the TT (1941). However, both texts have been re-edited several times in different formats, without the original introductions and prologues and this raises the question of how the inclusion or omission of this information may affect the reader's interpretation of text as discourse.