Le Code civil de Louisiane en français: traduction et retraduction

Document Type

Article

Publication Date

3-1-2015

Abstract

The first codes of Louisiana (1808 and 1825) were written in French and translated into English. The revised Civil Code of 1870 was written in English only. Recent revisions, all in English, aim at promoting a civilian vocabulary, markedly distinct from the common law vocabulary. This article discusses the translation of the Louisiana Civil Code from English into French in the context of the steep decline and limited revival of French language usage in Louisiana. It features the purpose and the step-by-step implementation of the translation project, identifying linguistic and legal challenges and resources relied on. The aim is to produce a truly Louisianan translation. Translators therefore resort to original French sources whenever the text has not slightly evolved or was simply reproduced. The process may then be described as retranslation, aiming at reviving the original language. Where texts have been substantially rewritten, yet still reflect civilian logic and style, the translation aims at echoing the spirit of the Code. However, in the several occasions where the drafters borrowed common law substance and style, the civilian spirit may no longer vivify the translation, as it is obscured by an overabundance of language.

Publication Source (Journal or Book title)

International Journal for the Semiotics of Law

First Page

155

Last Page

175

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