Legal Collisions In Labour Law: Problems Of Translation And Use Of Foreign Terminology

Abstract

The article analyses issues of legal conflicts caused by linguistic problems. Previously such problems were solved only through the legal side, but recently more problems causing collisions have appeared, such as inaccuracy of translation of individual terms or existence of a term in English and the lack of its equivalent in Russian. The authors consider the fact that existence of law without collisions is impossible; this is true about the linguistic component. Thus, more discrepancy is found between the conceptual apparatus of international labour standards and national labour legislation of states. It especially concerns developing states, because their national labour legislation needs to be elaborated and closely revised. Nowadays the problem under study is relevant because new terms and concepts appear. The latter require the adoption of new national norms and entire sections in the labour codes of states, following the example of France and other European states. Collision problems also emerge when translators are fluent in language but lack knowledge of special legal terminology (the terms of labour law, theory of law, etc.). The authors state that to minimize the collisions the translator should have some basic knowledge of the professional language as well as of the linguacultural peculiarities of the states they translate for. The authors prove that nowadays learning a foreign language is growing into a popular and urgent tendency marked by the term "legal linguistics". The authors suppose it should help in present day communication between lawyers and legislators and contribute to resolving conflicts in law.