translation studies - Facultatea de Litere - Dunarea de Jos

Ramona Cioranu
Linguistic and Non-linguistic Aspects in Court Interpreting
o Sight translation is the oral translation of a written document. The interpreter is
given a document never seen before and with minimal or no preparation at all he is
required to provide a complete oral translation of the document into the target
language. This neutral process is very similar to that of simultaneous interpretation,
except that the source message is in written form, so, the same skills are required:
quick reflexes, metal agility, etc. In addition, such documents may be hand-written
and not very intelligible; they may not be well-versed in the rules of grammar and
punctuation. One strategy for coping with this problem is to read the document out
loud before attempting to translate it.
o Remote interpreting
Since communication technology improved, physical distance is no longer
considered a barrier. Consequently, telephone or video-conference interpreting is
becoming an attractive option for courts, another aspect being that it usually
implies low costs. However, this remote interpreting is not the best option for an
interpreter. It is widely recognized that interpreters must see the faces of the
speakers in order to receive both the linguistic and paralinguistic aspects of the
message. In telephone interpreting not only does the interpreter lose the vital
information that can be obtained from observing the speaker’s body language, but
it is also much more difficult to manage turn-taking in consecutive interpreting.
Conclusions
Law is language. It is not only language, since it is a social institution manifested
also in non-linguistic ways, but it is a profoundly linguistic institution. Laws are coded in
language, and the processes of the law are mediated through language. The legal system
puts into action a society’s beliefs and values, and it permeates many areas of life, from a
teacher’s responsibilities to a credit card agreement. The language of the law is therefore of
genuine importance, particularly for people concerned with addressing issues and problems
in the real world.
The order and control in the courtroom is maintained through language. The role
and behavior of all professionals and parties present in the courtroom is always constrained
by formal procedure expressed through language. Because interpreters by the nature of
their duty have power over language, their role has been consciously regulated and
constrained within and outside the courtroom.
Court interpreting is a very complex domain and requires familiarity with a great
deal of subjects, including law, translation theory, linguistics, intercultural communication
and psychology. The role of the court interpreter is a very complex one. Besides making
communication possible despite language barriers between litigants and the court
personnel, he has to give his client the choice anyone else in his place would have if he
spoke the language of the court.
Except for a few cases of remote interpretation, the interpreter is usually physically
present in courtrooms and active in the communicative exchange. Out of all interpreting
types, dialogue or liaison interpreting is the most conclusive for non-linguistic aspects of
court interpreting. Participating actively in the communication exchange, the interpreter
relies on a number of elements of a paralinguistic, kinetic and proxemic nature, such as
gestures, face expressions, body position, etc. Besides these elements, the interpreter also
has to face role conflict situations, asymmetry in communicative abilities and in power
relations.
Interpretation or oral language mediation started a new line of research focused
specifically on different forms of dialogue interpreting and it also contributed to enlarging
the scope of investigation in more traditional research on simultaneous and consecutive
50