Untranslatable Words in Law

A Comparison of Elements of the British, French and Polish Legal Systems

Abstract

There is a close link between language and law. Legal linguistics invites us to study the language of law, a specialised language since law gives a particular meaning to certain words. The relationship between law and language gives rise to the interaction between law and translation. Translating law is a delicate operation. The vocabulary and discourse of law are constructed to express the specific features of each legal system. Legal translation therefore refers to multiple legal systems. It requires the use of concepts that may vary from one legal system to another, or that may simply be unknown in one legal system or another. The translator is faced with untranslatable words. Various techniques have been proposed for dealing with untranslatable words in law. The aim of this paper is to address them by emphasising the wonderful comparative adventure to which untranslatable words in law invite us. Indeed, legal comparison of terms is the most reliable way of arriving at their translation. Finally, the existence of untranslatable words in law is proof that, in the face of globalisation, the diversity of legal cultures has been preserved.