Translation of Malaysian legal terminology and lawyers' perspectives on linguistic borrowing / Phoebe Lim Ian Yee

This dissertation studies the translation of legal terminology from the English to the Malay language, in particular borrowings from English. The purpose of this study is to investigate the forms and functions nature of these legal borrowings and their usage among legal professionals. The legislativ...

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Main Author: Lim, Phoebe Ian Yee
Format: Thesis
Published: 2012
Subjects:
Online Access:http://pendeta.um.edu.my/client/default/search/results?qu=Translation+of+Malaysian+legal+terminology+and+lawyers%27+perspectives+on+linguistic+borrowing&te=
http://studentsrepo.um.edu.my/4010/1/Cover_page.pdf
http://studentsrepo.um.edu.my/4010/4/Title_page%2C_abstract%2C_content.pdf
http://studentsrepo.um.edu.my/4010/6/Full_chapters.pdf
http://studentsrepo.um.edu.my/4010/7/References_%26_appendices.pdf
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author Lim, Phoebe Ian Yee
author_facet Lim, Phoebe Ian Yee
author_sort Lim, Phoebe Ian Yee
building UM Research Repository
collection Online Access
description This dissertation studies the translation of legal terminology from the English to the Malay language, in particular borrowings from English. The purpose of this study is to investigate the forms and functions nature of these legal borrowings and their usage among legal professionals. The legislative text of Evidence Act 1950 is used as the study data. Textual analysis is done based on Mashudi Kader’s (1994) categorisations of the source of Malay legal terms with some modification adapted from Newmark (1988) and Haugen (1953). Interviews and questionnaires were also used as instruments to find out lawyers’ reactions towards legal borrowings and their problems and solutions in using these borrowings. Results show that 33% of legal terms in Evidence Act consist of legal borrowings. Generally, lawyers are comfortable in using legal borrowings. They prefer the English term or its borrowing rather than a translated native term. Some problems acknowledged by the lawyers are their limited command of the Malay language, the lack of specific words in the Malay language, and the unintelligible nature of the legal borrowings to clients. To overcome these problems, lawyers engage in much explanation by using layman words or substitute the borrowings with simpler yet synonymous words. Lawyers’ preference in using legal borrowings suggests two things: the lawyers’ reluctance to attach new linguistic labels to legal concepts to which a label already exist in the English language and their readiness to assimilate English legal concepts into the Malay language for the purpose of accuracy and good justice at the expense of “language purity.”
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spelling um-40102013-08-30T04:02:12Z Translation of Malaysian legal terminology and lawyers' perspectives on linguistic borrowing / Phoebe Lim Ian Yee Lim, Phoebe Ian Yee K Law (General) P Philology. Linguistics This dissertation studies the translation of legal terminology from the English to the Malay language, in particular borrowings from English. The purpose of this study is to investigate the forms and functions nature of these legal borrowings and their usage among legal professionals. The legislative text of Evidence Act 1950 is used as the study data. Textual analysis is done based on Mashudi Kader’s (1994) categorisations of the source of Malay legal terms with some modification adapted from Newmark (1988) and Haugen (1953). Interviews and questionnaires were also used as instruments to find out lawyers’ reactions towards legal borrowings and their problems and solutions in using these borrowings. Results show that 33% of legal terms in Evidence Act consist of legal borrowings. Generally, lawyers are comfortable in using legal borrowings. They prefer the English term or its borrowing rather than a translated native term. Some problems acknowledged by the lawyers are their limited command of the Malay language, the lack of specific words in the Malay language, and the unintelligible nature of the legal borrowings to clients. To overcome these problems, lawyers engage in much explanation by using layman words or substitute the borrowings with simpler yet synonymous words. Lawyers’ preference in using legal borrowings suggests two things: the lawyers’ reluctance to attach new linguistic labels to legal concepts to which a label already exist in the English language and their readiness to assimilate English legal concepts into the Malay language for the purpose of accuracy and good justice at the expense of “language purity.” 2012 Thesis NonPeerReviewed application/pdf http://studentsrepo.um.edu.my/4010/1/Cover_page.pdf application/pdf http://studentsrepo.um.edu.my/4010/4/Title_page%2C_abstract%2C_content.pdf application/pdf http://studentsrepo.um.edu.my/4010/6/Full_chapters.pdf application/pdf http://studentsrepo.um.edu.my/4010/7/References_%26_appendices.pdf http://pendeta.um.edu.my/client/default/search/results?qu=Translation+of+Malaysian+legal+terminology+and+lawyers%27+perspectives+on+linguistic+borrowing&te= Lim, Phoebe Ian Yee (2012) Translation of Malaysian legal terminology and lawyers' perspectives on linguistic borrowing / Phoebe Lim Ian Yee. Masters thesis, University of Malaya. http://studentsrepo.um.edu.my/4010/
spellingShingle K Law (General)
P Philology. Linguistics
Lim, Phoebe Ian Yee
Translation of Malaysian legal terminology and lawyers' perspectives on linguistic borrowing / Phoebe Lim Ian Yee
title Translation of Malaysian legal terminology and lawyers' perspectives on linguistic borrowing / Phoebe Lim Ian Yee
title_full Translation of Malaysian legal terminology and lawyers' perspectives on linguistic borrowing / Phoebe Lim Ian Yee
title_fullStr Translation of Malaysian legal terminology and lawyers' perspectives on linguistic borrowing / Phoebe Lim Ian Yee
title_full_unstemmed Translation of Malaysian legal terminology and lawyers' perspectives on linguistic borrowing / Phoebe Lim Ian Yee
title_short Translation of Malaysian legal terminology and lawyers' perspectives on linguistic borrowing / Phoebe Lim Ian Yee
title_sort translation of malaysian legal terminology and lawyers' perspectives on linguistic borrowing / phoebe lim ian yee
topic K Law (General)
P Philology. Linguistics
url http://pendeta.um.edu.my/client/default/search/results?qu=Translation+of+Malaysian+legal+terminology+and+lawyers%27+perspectives+on+linguistic+borrowing&te=
http://pendeta.um.edu.my/client/default/search/results?qu=Translation+of+Malaysian+legal+terminology+and+lawyers%27+perspectives+on+linguistic+borrowing&te=
http://studentsrepo.um.edu.my/4010/1/Cover_page.pdf
http://studentsrepo.um.edu.my/4010/4/Title_page%2C_abstract%2C_content.pdf
http://studentsrepo.um.edu.my/4010/6/Full_chapters.pdf
http://studentsrepo.um.edu.my/4010/7/References_%26_appendices.pdf