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List of Figures, Tables, and Boxes |
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ix | |
| Acknowledgements |
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xiii | |
| Introduction |
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1 | (7) |
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1 | (3) |
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4 | (2) |
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I.3 Practitioner Research |
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6 | (1) |
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7 | (1) |
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I.5 Boundaries of the Study |
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7 | (1) |
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1 The Outsourced Legal Translation Environment |
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8 | (23) |
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1.1 The (Legal) Translation Market as an Outsourcing `Entity' |
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8 | (13) |
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1.1.1 Widespread Outsourcing |
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9 | (1) |
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1.1.2 Cursory Order Specifications |
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10 | (1) |
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1.1.3 Perceived Low Status of Agents |
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10 | (3) |
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1.1.4 Diversity of Agents' Skill Sets |
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13 | (1) |
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1.1.5 Heterogeneous Quality and Quality Standards |
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14 | (1) |
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1.1.6 The Speed of Change |
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15 | (1) |
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1.1.7 Complex Actor Interactions in the Outsourced Legal Translation Market: A Representation of the Chain of Supply |
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16 | (5) |
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1.2 Agency Theory as a Lens to Research the Outsourced Legal Translation Market |
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21 | (10) |
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1.2.1 The Suitability of the Theory |
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21 | (1) |
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1.2.2 How the Concept of Agency Has So Far Been Applied in Translation Studies |
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22 | (1) |
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1.2.3 Goal Congruence and Functionalism |
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23 | (2) |
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25 | (4) |
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1.2.5 Regulating Mechanisms and Balance of Power |
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29 | (2) |
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2 Facets of Legal Translation Performance |
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31 | (25) |
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2.1 Negotiating between Languages |
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31 | (8) |
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2.1.1 Translation `Equivalence' |
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32 | (1) |
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2.1.2 Legal Language/Discourse(s) |
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33 | (1) |
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2.1.3 Legal Linguistic Features |
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34 | (3) |
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2.1.4 The Equivocal Nature of Legal Discourse Leading to Language Risk |
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37 | (1) |
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2.1.5 The Potential Risks of Plain Language |
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38 | (1) |
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2.2 Negotiating between Legal Systems |
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39 | (3) |
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2.2.1 Asymmetry between Legal Systems, Areas of Law, Legal Concepts, and Terms |
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39 | (2) |
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2.2.2 Conveying Appropriate Levels of Legal Equivalence |
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41 | (1) |
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2.3 Negotiating between Genres and Subgenres |
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42 | (6) |
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2.3.1 Genre-Aware Translation Performance |
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42 | (1) |
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2.3.2 Classifications/Taxonomies of the Legal Macrogenre |
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43 | (5) |
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48 | (4) |
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2.4.1 The Suitability of a Functionalist Approach to Legal Translation Performance |
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48 | (1) |
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2.4.2 Differentiation of Receivership and Differentiation of Status |
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49 | (1) |
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2.4.3 Specifying Levels of Covertness for Legal Translations |
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50 | (2) |
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2.5 The Tesseract of the Legal Translator's Textual Agency |
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52 | (4) |
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3 Constraints on the Outsourced Legal Translation Process |
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56 | (25) |
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3.1 Constraints on Legal Translation Performance Arising Upstream of the Translator's Intervention |
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56 | (5) |
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58 | (1) |
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3.1.2 Failures to Apply Quality Norms to the Source Text |
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59 | (1) |
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60 | (1) |
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3.2 `In-performance' Constraints Affecting Legal Translation |
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61 | (15) |
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3.2.1 Intentional Ambiguity |
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61 | (3) |
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3.2.2 Systemic and Conceptual Constraints |
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64 | (1) |
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65 | (1) |
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3.2.4 Intertextual and Interdiscursive Constraints |
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65 | (1) |
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3.2.5 Purpose-Related Constraints |
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66 | (6) |
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3.2.6 Relational Impediments |
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72 | (4) |
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3.3 Constraints Downstream: Performance Assessment and Liability |
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76 | (3) |
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3.3.1 The Benchmark of Fitness-for- Purpose |
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76 | (2) |
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3.3.2 Other Quality Standards |
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78 | (1) |
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3.3.3 The Translator's Liability |
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78 | (1) |
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3.4 Logistical Constraints |
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79 | (2) |
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4 A Comprehensive Legal Translation Brief |
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81 | (22) |
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82 | (3) |
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4.1.1 The Translation Brief as Proposed by Nord |
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82 | (2) |
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4.1.2 Briefing as Viewed by Other Scholars |
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84 | (1) |
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4.2 Briefing and Outsourcing in Practice |
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85 | (6) |
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4.2.1 Briefing in Related and Comparable Business Sectors |
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85 | (2) |
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4.2.2 Market Initiatives on Translator Briefing from Professional Bodies and Individuals |
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87 | (3) |
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4.2.3 Legal Translation Procurement Initiatives by Service Provision Intermediaries and by Institutions, Including Differentiation |
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90 | (1) |
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4.3 Relational Aspects of Briefing |
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91 | (7) |
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4.3.1 The Legal Translation Practitioner as a Hub |
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91 | (3) |
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4.3.2 Relational Agency and Proactive Behaviour to Stimulate Information Flows |
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94 | (2) |
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4.3.3 Levels of Interpretive Autonomy |
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96 | (2) |
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4.4 Towards a Tailored Brief for the Legal Translation Context |
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98 | (5) |
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5 A Triangulated Survey of the Outsourcing of Legal Translations to External Practitioners |
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103 | (76) |
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5.1 Research Paradigms and Methodology |
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103 | (3) |
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5.2 Scope and Environment |
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106 | (1) |
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107 | (6) |
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107 | (4) |
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5.3.2 Access to Participants |
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111 | (2) |
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5.3.3 The Data-Gathering Stage |
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113 | (1) |
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5.4 Data-Analysis Methods |
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113 | (4) |
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5.5 Presentation of Data Collected |
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117 | (56) |
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117 | (5) |
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122 | (21) |
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5.5.3 Performance of Outsourced Legal Translation |
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143 | (30) |
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5.6 Summary of Survey Findings |
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173 | (3) |
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5.7 A Briefing Template for Practitioners |
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176 | (3) |
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179 | (8) |
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C.1 Outsourced Legal Translation in situ: The Chain of Supply and Its Implications |
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180 | (1) |
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C.2 The Need for Comprehensive Briefing |
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180 | (1) |
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C.3 The Multifaceted Nature of the Legal Translator's Textual Agency |
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181 | (1) |
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C.4 Unravelling Legal Translation Performance Constraints |
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181 | (1) |
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C.5 Fitness-for-Purpose: Meeting Expressed Requirements |
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182 | (1) |
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C.6 Professionalization and Empowerment |
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182 | (1) |
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C.7 Insights into Text Types Outsourced for Translation |
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183 | (1) |
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C.8 Avenues for Future Research |
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184 | (1) |
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C.9 Concluding Statements |
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185 | (2) |
| Afterword |
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187 | (2) |
| Bibliography |
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189 | (22) |
| Index |
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211 | |
