إشكالية ترجمة العنصر الثقافي في الخطاب القانوني من اللغة العربية إلى اللغة الانجليزية.

Abstract

This study aims to demonstrate the difficulty of transferring the culturally bound terms when translated into the legal framework from Arabic to English, while shedding light on the other factors beyond the scope of the text that contribute to widening the gap between the source text and the target one, while the legal translator tries to bring them together by translation. As culture represents an essential element in the translation process it is never easy fullfiling the task of transferring it especially in the frame of legal contexts. As the translator represents the strongest link in the translation operation, because of his multiple tasks that vary between linguistic transposition, cultural transfer and legal interpretation, in the shade of different theories views about translation in general, and the cultural transfer more particularly, which represents a difficult obstacle to overcome, due to the difficulty for the Algerian translator to find a practical model to follow, such as Malcolm Harvey's strategies, on which he can count in order to overcome the obstacles of the transfer of the legal text, as well as the various dilemmas that negatively affect his work, such as the absence of reliable references helping him translate legal documents from Arabic into English in a correct manner. In addition, the lack of specialized training in translation at the Algerian university has had a negative impact over the last years. Besides, another limited category of translators with higher degrees, represents the category of the most qualified translators in terms of translation quality. We can add to this, the lack of experience of translators, who do not find a way to improve their translations with their frequent concerns and time limitation.