Keywords: Legal terminology; Social semiotics; Functional equivalence

社会符号学视角下的法律术语翻译研究

摘要：法律术语作为法律的重要组成部分之一，亦可称为某种法律体系的核心部 分，它不仅体现法律文本的文体特征，也反映某种法律体系中法律文化的典型特 征。这也决定法律文本的翻译核心在于法律术语的翻译，法律术语翻译的水平决 定法律文本的翻译质量。因此，在法律翻译中，法律术语翻译具有重要的意义。

法律术语翻译与其他翻译相比具有独特性，它跨足三个领域，即法律学，语 言学，翻译，是一种跨领域交际性活动。译者在翻译法律术语时，不仅要考虑其 所在法律体系的特点，而且要考虑到法律体系的文化背景，社会背景，风俗习惯 等。仅仅依靠对于源语与目标语的片面理解是无法做到准确翻译的。

本文试图从社会符号学的角度来分析法律术语的翻译，为法律术语的翻译提 供一个崭新的视角。在社会符号学翻译法的指导下阐述了作为语言符号的法律术 语在不同符号系统中意义的转换和传达，以及如何在此过程中实现功能对等。

关键词：法律术语;社会符号学;功能对等

Translation of Legal Terminology — A Perspective of Social Semiotics

Ⅰ. Introduction

Recently, with the development of globalization,  cooperation between China and other countries in economy, politics, culture, law, international affairs and others, is becoming more and  more frequent. Thus disputes become ordinary among different nations. In order to solve those problems, it is inevitable to have the common sense about law. But thanks to different law systems, cultural background and values, customs and etc., the concepts of some legal terminologies are not equivalent. Those elements also intensify conflicts. So, translation of legal terminology accurately has been a necessary issue under the circumvents of global integration.

What’s more, social semiotics approach to translation has been introduced into many fields. In those fields, many experts also attempt to deal with linguistic problems and explore a better way which can be adopted to translation by this method. They want to reduce the controversies of what is the most important part in translation—faithfulness, expressiveness or elegance. Owing to its influence, promoting the quality of translation and developing the semiotics theories.

It’s the fact that social semiotics rises in China later than western countries. But relevant theories still have attracted public and are used to translation. Law covers considerable issues. Now it’s impossible to explore all. And as a fraction of it, legal terminology has a lot of problems to be solved.

Moreover,  our country promotes exporting the Chinese culture.    As China becomes stronger, she wants to become a country that has a great

influence on international affairs, and has its independent rights. Thus, in order to achieve those targets, it’s a better way to absorb the advantages of western culture and enhance our culture’s charm. It is helpful to strengthen soft power.

Ⅱ. Literature Review

2.1 Previous Studies on the Semiotic Theory

Semiotics stands for science, and is a systematic study of human symbols. It is considered to be the crystallization of human wisdom. Social semiotics as a branch of it is very prevalent after it appears.

Semiotics can be traced to ancient times. In the Middle Age, Plato and Aristotle have researched semiotics and realized that language is a systemic symbol. The pioneer of semiotics is Saussure. He adds the prior research as a foundation of his study and comes up with “semiology” as the official name. The most important thing is that he points out that semiotics consists of signified and signifier, which is a milestone of semiotics. Charles Morris pides the meaning into three parts, that is, linguistic meaning, referential meaning and pragmatic meaning. Eugene·Nida (1986) puts forward the social semiotics approach to translation first. He pays tribute to this method. He deems that social semiotics approach to translation is one of the most comprehensive translation methods. And the biggest advantage is that it studies all the symbols used in human society, especially the most complex language symbol system used by humans. So, language signs and meaning should be regarded as an integral whole in translation. It’s significant for translators to consider all factors, such as, what’s the meaning of a legal terminology in different cultural background. Now many experts try  to use those theories to solve problems. For instance, He Zhaoxiong and Dai weidong (2013) introduce how to use the semantic triangle to explain the practice problems.