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Translation across different legal systems must respect cultural differences in the legal system, as well as recognize and reflect the styles of the legal system for which the translation is being made.
How can the inductive reasoning of common law systems be meaningfully rendered into a civil law context, based on deductive reasoning? And what of legal concepts which are viewed differently in different cultures?
This session will present an overview of the history and theory of legal translation, with examples drawn from practice. The role of a legal translator as an expert witness will also be addressed. In addition, there will be time for discussion and questions.
Dr Rocco Loiacono is a Senior Lecturer in the Curtin University Law School, Perth, and in the MA Translation Studies Course at the University of Western Australia (UWA). He has an LLB and a Diploma in Modern Languages (First Class Honours) from UWA. He practised as a lawyer for ten years, most of that time at Clayton Utz, one of Australia’s largest law firms. Rocco was awarded his PhD (from UWA) in 2014. His particular research interest is the translation difficulties arising from the differences that exist between continental legal systems and the English common law. He has published in peer-reviewed journals of translation, linguistics and law. Rocco is a NAATI (National Accreditation Authority for Interpreters and Translators) Certified Translator (Italian>English) and is the current AUSIT National President.