Merrill Brink News Reviews and Opinion on Mar 27, 2015: Japanese Legal Translations: Unique Challenges in the Japanese Language

New York, US (PRWEB) March 27, 2015

Japanese has been cited by native English speakers as one of the most difficult languages to learn. Certain aspects of the Japanese language that take the most time for learners to become accustomed to, such as its reliance on context for meaning, also make it challenging to translate Japanese documents. These difficulties are often compounded in legal translations because of the precision and specific requirements that must be adhered to regarding legal matters.

A comprehensive explanation of the intricacies of the Japanese language is beyond the scope of this article. However, the following sections describe key ways in which the nature of the Japanese language mandates expert treatment relating to legal translation projects.

Japanese Writing Systems



Written Japanese consists of three sets of characters: the kanji characters borrowed from Chinese; the katakana syllabary, which is used to represent foreign words phonetically; and the hiragana syllabary, which contains the syllables that make up Japanese words and particles that function like English prepositions. Japanese sentences are usually written without spaces between words and the meanings of many kanji depend on context, making it imperative that a translator is familiar with the subject matter and has a native-level understanding of Japanese grammar. This is necessary to minimize the potential for costly translation errors. This proficiency is helpful when searching and reading through older printed documents like patents filed in past decades.1 Each kanji can contain dozens of small strokes, which makes them difficult to read in documents with small print; smudged or poor-quality printouts; or in photocopies of handwritten material. Determining which kanji the writer has used requires a thorough understanding of the thousands of characters used in written Japanese.

Vocabulary



In-depth knowledge of Japanese writing systems is mandatory for understanding words that are native to Japan and those that are borrowed from other languages. Although many loaned words in Japanese are borrowed from English, some originate from other languages such as German or French. For example, ankēto (アンケート), meaning “questionnaire,” is derived from the French enquête; arubaito (アルバイト), or “part-time work,” comes from the German Arbeit.2,3 Thus, reading and writing non-Japanese words in Japanese texts requires an understanding of katakana as well as the ability to recognize words that have been borrowed from languages other than English. It is also crucial to know the connotation of words, regardless of their origins, to accurately understand and convey ideas in Japanese. Although taisaku (たいさく), for instance, literally means “countermeasure” or “against measure,” it can have either a negative or positive connotation depending on context and, therefore, can be translated as either “measure” or “countermeasure.”4

Japanese Grammar in Legal Translations



Perhaps even more problematic than writing systems or vocabulary for Japanese legal translators is Japanese grammar, which differs in many respects from English grammar. One of the most obvious distinctions between English and Japanese sentence structure is that Japanese sentences often omit their subjects if the meaning is clear from context or prior sentences. In legal documents, where accuracy is key, the lack of clarity around “who is doing what to whom” can prove troublesome.5 The use of the same conjugations for present- and future-tense verbs may also result in confusion, particularly when context does not explicitly state whether the sentence refers to present or future instances of the event in question.6 In such cases, fluency in Japanese and a knowledge regarding the type of legal document being translated can greatly enhance the chances for correct interpretation.



These aspects of Japanese make it nearly impossible for anyone who does not have a native familiarity with the language and pertinent legal experience to translate legal materials accurately. To ensure the highest quality translation results, consider partnering with a language services provider that employs a network of skilled translators. This will help to prevent costly misunderstandings and protect your company against litigation in years to come.

References



1 Steve Vlasta Vitek, “Linguistic Problems with Translation of Japanese Patents to English,” Translation Journal 11 No. 2 (2007), Web.



2 Samuel E. Martin, ed. Tuttle Concise Japanese Dictionary (North Claredon, Vermont: Tuttle Publishing, 2012).



3 Mitsubishi Corporation, Japanese Business Language (New York: Routledge, 2011).



4 Hiro Iwamura, “Memoir of International Trade Law: Issues of Translating WTO Safeguard Provisions into Japanese,” Asian-Pacific Law & Policy Journal 5 (2004): 188–221.



5 Iwamura, page 202.



6 Iwamura, page 205.

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