Book recommendation: Triebel/Vogenauer, Englisch als Vertragssprache

Here is a strong recommendation for a book I have not yet read, only skimmed, myself. Unfortunately I have too many books on the go (rereading Die Emigranten and the Patrick Melrose novels, reading the Secret Barrister, Cotton on Photography as Contemporary Art and two books on literary theory, which we were only just dipping our toes into in the 60s and 70s, to say nothing of a translation of Willehalm and The Romance of the Three Kingdoms  – I can’t remember ever wanting to read so much and having so little time to do it).

Volker Triebel, Stefan Vogenaur, Englisch als Vertragssprache, Beck Verlag 2108

Thanks to Inge Noeninger for pointing it out on Twitter (note the bust of Goethe on her bookshelves – I only have Marx). I had waiting ages, from 1995 to 2012, for the new edition of Englisches Handels- und Wirtschaftsrecht, which was not quite appropriate to my direction of translation, and missed this one.

Please read the table of contents (PDF) via Beck Verlag. Scroll down to see it. The foreword is there too.

The book is intended for lawyers, not legal translators (whereas most of the more pedestrian Legal English books are always advertised to be suitable for translators, interpreters, lawyers and anyone else with a few euros to spare).

The first swection deals among other things with how lawyers actually learn English and how much they do both on LL.M. courses and in big international law firms. This is something I can’t remember reading anywhere else. There is also a bit on the niche role of German as a legal language. There is then a section on what can go wrong, both linguistically and semantically, and a section on problems of general English, followed by one on the special problems of the English language in contracts. Section 5 deals with problems in translating English contract terms into German, Section 6 with problems where the language and the legal system diverge, and section 7 advice on safer drafting. At the end is a bibliography in eight sections. There are indexes in both German and English.

Looking at the bibliographies, I have noted Christopher Hutton, Word Meaning and Legal Interpretation: An Introductory Guide, 2014, but perhaps I should not buy it until I have read this one, which warrants close examination and a large part of which is of direct interest to me. I know most of the books on legal English for non-English-speaking lawyers. I am quite ignorant of how much has been published on Auseinanderfallen von Vertragssprache und anwendbarem Recht – whenever I translate a contract into English, it is governed by German law, so my translation is just for information, and if anyone asked me to help draft a contract in English I would refuse as I’m not a practising lawyer – still, it is interesting, and I recognize some names, not just Triebel himself (several articles) but Suzanne Ballansat-Aebi, who has written well about legal translation, and Gerhard Dannemann.

I’m not sure I’m brainy enough to read Heikki Mattila on Comparative Legal Linguistics, translated from the Finnish, though the history of legal abbreviations is a big temptation, and another element of great interest to me is legal Latin, which varies from jurisdiction to jurisdiction so is part of what needs translating too. It’s a bit expensive even in Kindle, so I may be safe for the time being.

2 thoughts on “Book recommendation: Triebel/Vogenauer, Englisch als Vertragssprache

  1. What a thoughtful analysis, Margaret. In all these years (decades, actually) I have been around as a legal translator, this is the first book that answers very specific questions and confirms results that I have worked hard to get to myself. It does not send you off to do you own comparative law research, although it gives you some of the tools to do so. And this is the first book that tackles pretty much all of the problems one encounters when translating contracts governed by German law into English. Or translating them “back” into German. It is also brutally honest and I guess will ruffle some feathers :)
    I read it in small sections, savoring the writing and slowly digesting the points made.

  2. I suppose it’s the first book I’ve seen specifically on EN>DE by a lawyer who understands language. There are a lot of books on legal English, varying in approach, and there are books on forensic linguistics, and there are increasing numbers of academic books on legal translation, but most of them are not directly relevant. I remember I was disappointed at Susan Sarcevic’s book because the texts seemed to be mainly Canadian FR>EN which I don’t see as the same kind of translation I do, because there is traditional terminology within Canada – I’m sure you know more about this than I do. And I think a lot of academic work is hampered by the fact that it needs access to real-life materials, which are often private.

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