Crossing Signals: Implications of Mis-Translations in Japanese Constitutional and Civil Law for Academic Scholarship, Teaching Pedagogy, and Transnational Law Practice
20 Pages Posted: 22 May 2015 Last revised: 27 Feb 2020
Date Written: May 22, 2015
Abstract
Mistranslations happen. Knowledgeable and competent bilingual observers looking at commonly available English translations of important Japanese legal documents, including the Constitution of Japan, the Code of Civil Procedure, the Civil Code, as well as key Supreme Court decisions, may find language mis-matched with the original texts as they are likely to be understood by native readers. The differences may be in nuance or flat error, but in either case, circumstances may result where English language readers are bound to have one understanding of the relevant wording and native readers another. And worse, both sides may be oblivious to the gap that lies between them.
This situation is not always easily resolved. Though without formal “official” status, some translations, such as that of the 1947 Constitution, have pedigreed origins and become so standardized that one is severely challenged to explain a difference. Translations presented by government sources such as the Ministry of Justice or the Supreme Court of Japan, are also without formal “official” status, but the nature of the source inevitably bestows de facto or quasi- official status to the phrasing.
Thus, we can celebrate and appreciate recent initiatives within Japan to add transparency to Japanese law via translation. But we must also consider the socio-legal implications of the circumstances if, rather than transparency, the results might lead to a distorted picture through the window. This paper reflects upon the current situation as a quandary for academics and practitioners. When confronted with language that might confuse, should we let sleeping dogs lie or really work the words?
Keywords: Civil Code of Japan, Comparative Constitutional Law, Comparative law, Comparative Legal Studies, Emperor of Japan, Japanese Civil Procedure, Japanese Constitutional Law, Japanese Law Translation, Legal Translation, Semantics (Law), Translating, Translation, Transparency of Japanese Law Project
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