Legal Translation and Comparative Law: The Story of a Challenging Relationship
摘要
The present chapter problematizes the relationship between legal translation and comparative law and introduces its crucial aspects. In doing so, it explores the role of comparison, particularly that of different legal systems, in both fields, and focuses on their mutual perceptions and opportunities for greater understanding and cooperation between them. Looking at legal translation and comparative law in historical perspective, with particular emphasis on the phenomenon of legal transplants, as well as showing their role in international legal communication, the chapter culminates in an analysis of the references to the other field by comparative lawyers and legal translation scholars. In the light of the challenges posed by misperceptions, misunderstandings, and sometimes questionable convictions, including the views that legal translation is an exercise of comparative law, or that comparative lawyers are natural legal translators, it is shown that mutual recognition of autonomy is a way to reap greater benefits from the other side’s intellectual repertoire and, possibly, engage in interdisciplinary cooperation.