JURIDICAL TRANSLATION-A MATTER OF BOTH LANGUAGE AND THOUGHT

Аннотация

This article analyzes the essence of juridical translation not as a purely linguistic, but as a multifaceted cognitive process. Translation is not merely the substitution of linguistic elements but a process of ideological and logical transfer between entire juridical, cultural, and social systems. The article provides an in-depth analysis of the characteristics of juridical texts, cognitive differences, intercultural contextual disparities, and the translator’s role and responsibility. Additionally, important theoretical concepts are supported by real translation examples, highlighting factors that influence translation quality. Keywords: juridical translation, cognition, juridical difference, cultural context, semantic precision, translator responsibility. Abstrakt. Ushbu maqola yuridik tarjimaning mohiyatini faqat tilshunoslik jihatdan emas, balki ko‘p qirrali kognitiv jarayon sifatida tahlil qiladi. Tarjima — bu faqat til elementlarini almashtirish emas, balki butun yuridik, madaniy va ijtimoiy tizimlar o‘rtasida g‘oyaviy va mantiqiy o‘tish jarayonidir. Maqolada yuridik matnlarning xususiyatlari, kognitiv farqlar, madaniy kontekstdagi tafovutlar hamda tarjimonning roli va mas’uliyati batafsil tahlil qilinadi. Shuningdek, muhim nazariy tushunchalar real tarjima misollari bilan tasdiqlanib, tarjima sifatiga ta’sir etuvchi omillar ko‘rsatib o‘tiladi. Kalit so‘zlar: yuridik tarjima, kognitsiya, yuridik farq, madaniy kontekst, semantik aniqlik, tarjimon mas’uliyati. Juridical translation is often understood as literal or equivalent translation. However, this approach cannot fully reveal the deep nature of juridical texts. Juridical texts are complex communicative tools that embody language, cognition, culture, and social systems. The translator here is not merely a code converter but an intermediary between cognitive systems. Therefore, it is crucial to understand that juridical translation is both a matter of language and thought (Sarčević, 1997). Juridical texts have unique syntactic structures, complex semantic layers, and formal discourse, fundamentally differing from other text types. They convey official information through laws, regulations, contracts, decisions, and other official documents, where every phrase, even punctuation, can have juridical force (Bhatia, 1993). Juridical texts often use ambiguous, passive 118 DEVELOPMENT OF PEDAGOGICAL TECHNOLOGIES IN MODERN SCIENCES International scientific-online conference constructions and repetitive formulas. On the one hand, this serves to eliminate uncertainty; on the other, it complicates achieving syntactic equivalence during translation (Tiersma, 1999). Different juridical systems (e.g., Common Law and Civil Law) have distinctive cognitive approaches. For instance, the English juridical concept of "consideration" forms the juridical basis of any contract but lacks an exact equivalent in many other juridical systems (de Groot, 1999). Hence, the translator must not only translate the term but also grasp the underlying juridical reasoning contextually. Otherwise, inaccurate or vague translations may cause problems in juridical interpretations (Galdia, 2009). Each juridical text is nourished by the cultural and historical experience of its society. For example, while "equity" is a significant institution in the English juridical system, direct transfer to another system is complicated, as it relates to historical development and specific juridical institutions (Watkins & Burton, 2013). Translators must have skills to understand cultural cognition, discourse conventions, and institutional differences. Translation here means not just changing language but also enabling intercultural communication (Nida, 1964). Semantic precision is the most critical requirement in juridical translation. Every word and phrase must be juridically exact and unambiguous. However, this precision should harmonize with pragmatic sensitivity. For example, when translating a witness’s testimony in court, not only semantics but also illocutionary force, context, emotional background, and communicative intent must be considered. A translator might unintentionally alter the witness's stance through incorrect intonation or synonym choice (Hale, 2004). A juridical translator acts as a mediator between juridical systems and simultaneously assumes ethical, cultural, social, and communicative responsibilities. The translator does not simply translate but encodes, comprehends, and transfers juridical cognition to another system (Cao, 2007). At the same time, impartiality, confidentiality, and adherence to professional ethics are of utmost importance. Any negligence in the translation process may affect court decisions, personal rights, or even life outcomes. As an example, consider the English sentence: "The contract shall be deemed void if either party is found to have acted in bad faith." A literal translation might be: "Agar tomonlardan biri yomon niyat bilan harakat qilgan deb topilsa,