Comparative Law vs. Comparative Law Applied to Translation

Comparative Analysis From a Translational Perspective

Abstract

In this article, we propose to explore the links between comparative law and legal translation. We are aware that the translator, when working with legal texts, must carry out a comparative law exercise to be able to propose translational solutions adapted to the context in question. Likewise, to study foreign law, the comparative lawyer must rely on translation, as it allows them to understand foreign concepts and, consequently, to analyse the similarities and differences that will enable them to draw conclusions for their study. However, despite the proximity between the two disciplines of translation studies and comparative law, it is worth asking whether the comparative law carried out by the comparatist and that carried out by the translator are different.

Despite the similarities, it is not the same exercise; the main objective of our study is to reflect on the differences between comparative law and comparative law applied to translation. Accordingly, our study will be divided into two main parts, with the first part focusing on the relationship between comparative law and translation. The second part will focus more on the view of the legal translator and on the way this professional becomes a particular comparatist, which differentiates him from the traditional jurist, to carry out the translation of legal texts. Finally, we will present the conclusions of our study.