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1、Contexts Impact on English Sales Contracts Translation语境对英语销售合同文本翻译的影响摘 要语境是人们在交际活动中的各种语言环境，是语言行为所涉及到的客观条件和背景，包括特定的时间、空间，定的情景，特定的人物等。不仅普通文本的翻译脱离不了语境的影响，英语销售合同文本的翻译也脱离不了对语境因素的考虑。本文拟从语境对英语销售合同文本翻译中词的翻译、句子翻译、及文体保持的影响三个方面探讨语境对英语销售合同文本翻译的影响及在语境影响下英语销售合同文本的翻译技巧。关键词：语境，英语销售合同，翻译Contexts Impact on English S
2、ales Contracts Translation ABSTRACTContext is the environment of a speech communication. Its the objective condition and background of a speech act, including a specific period of time, space，specific scene, and specific characters, etc. The translation of common documents cannot be isolated from co
3、ntexts, Ether is the translation of English sales contracts. This thesis discusses the contexts impact on words translation, sentence translation and style maintaining of English sales contracts translation, and some translation strategies of English sales contracts translation under contexts influe
4、nce.Key words: context, English sales contract, translation CONTENTS1 Introduction12 Words Translation of English Sales Contracts Under Contexts Impact22.1 Words Features of English Sales Contracts22.2 Contexts Impact on Words of English Sales Contracts62.3 How to Translate Words of English Sales Co
5、ntracts93. Sentences Translation of English Sales Contracts Under Contracts Impact143.1 Syntactic Features of English Sales Contracts153.2 Contexts Impact on Sentences of English Sales Contracts193.3 How to Translate Sentences of English sales contracts214. Style Maintaining of English Sales Contrac
6、ts Translation Under Contexts Impact244.1 Stylistic Features of English Sales Contracts244.2 Contexts Impact on Style of English Sales Contracts264.3 How to Maintain Style When Translating English Sales Contracts275. Conclusion28References30 1 Introduction Context is the environment of a speech comm
7、unication. Its the objective condition and background of a speech act, including a specific period of time, space，specific scene, and specific characters, etc. The research on context has been many years. Malinowski (1884-1942), an British social anthropologist and a founder of functionalists was th
8、e first one to take context into language research. In his opinion, the grasp of language meanings should not be limited in language contect, but be considered in illocutionary context such as circumstances and cultures,etc.A lot of professors and scholars have done researches on context and legal d
9、ocuments translation, Such as Nida (2004), Qin Xiubai (2001), Wang Zhiyong (2006), Xie Qiong (2005), Peng Hongbing (2007) and Wang Guihua (2008). However, when talking about context impact on legal document translation, not so many scholars have done researches on it. Peng Hongbing and Zhang Xinghon
10、g put forward in their thesis Pragmatic Principles of EC Legal Traslation (2007) that by using some statistics of legal translation can help us better achieve the legal translation purpose. In the thesis Context Factors and English Legal Document Translation (2008), Huang Chunfang gets the conclusio
11、n that on the context impact, some words in legal documents have specific meaning, which should be payed attention to when translating. Wang Guihua says in he thesis The Understanding of Legal Terms and Their Translation (2008) that the translation of legal terms should follow some principles as the
12、ir meaning are influenced by contexts. Until now, the research of contexts impact on legal documents translation is not very mature, but it do have caught much attention. In this paper, the special emphasis will be laid on the following five points:The first part is an introduction. It shows readers
13、 something brief about context and English sales contract and brings about the topic. The second part mainly talks about contexts impact on words translation of English sales contracts. The third part talks about contexts impact on sentences translation of English sales contracts. The fourth part ta
14、lks about contexts impact on style maintaining of English sales contracts. The final part serves as a conclusion. It draws a conclusion that contexts influences English sales contracts translation on three aspects: words translation, sentences translation, style maintaining, and then give a suggesti
15、on of how should translators translate English sales contracts.2 Words Translation of English Sales Contracts Under Contexts ImpactIn sales contracts, most ideas are expressed by words. How to choose proper Chinese words to express the related English words is what translators should consider seriou
16、sly as the chosen words may greatly leave influence on the idea expressing and the sale contract themselves. When translating words of sales contracts, translators need to consider the three following aspects: 1. Words features of English sales contracts. 2. Contexts impact on words choosing of Engl
17、ish sales contracts translation. 3. How to choose words when translating English sale contracts.2.1 Words Features of English Sales Contracts Sales contract is a kind of legal document which holds legal restrictions on contracted parties. So the language of sales contracts aims not at its art beauty
18、, but at its precise logic, professional expression and clear meanings. In English sales contracts, precise and formality, usage of professional and legal words, usage of may, shall, should, will, may not, shall not, etc, and ancient words using are their typical words features. 2.1.1 Precise and Fo
19、rmality （1）PreciseAs sales contracts have close relationship with each partys interest, ambiguous expressing is hardly accepted. In order to avoid ambiguity, contractors carefully choose each word for what they exactly mean. The following expressions represent the feature of precise. Firstly, number
20、s and dates. In sales contracts, numbers and dates are clear and precise. Sometimes even the written forms are stipulated, such as English words and Arabian numbers. Secondly, abbreviations. Abbreviation is formed by the initial letters of each word. Its canonical, concise, and time-saving. Thirdly,
21、 juxtapositions. Two synonyms are often juxtaposed to make the expression more clear and unambiguous. Fourthly, repeat of the same words. The repeat of the same words in English sales contracts, but not using the pronouns like this, those, or one, is to avoid ambiguity, and make sure the expression
22、precise.Eg1. Price: HK 190 per case; Date: 25 May, 2002 （王家衡：2006 ：211）Eg2. L/C = letter of credit; COSCO = China Ocean Shipping Co. （杨芳：2004：84）Eg3. made and entered into; any and all （车丽娟：2008：167-68）Eg4. Terms of payment: After conclusion of business the Buyers shall open with the Bank of China,
23、Shenzhen Branch, an irrevocable letter of credit in favor of the Seller. The said letter of credit shall remain in force until the 15th day after shipment. （王家衡：2006：212）（2）Formality The language style of sales contracts is similar to that of legal documents, very solemn, plain and serious, without
24、rhetoric like embellishment, simile, metaphor and exaggeration, and without the verbal expression like dialects and slang. Formal expression is an obvious feature of English sales contract which can be often noticed in English sales contracts.Eg5. CommencebeginOccasioncauseObtainget Deliversend toCo
25、nstrueexplainIn accordance withaccording toPrior tobeforeTerminateend 2.1.2 Usage of Professional and Legal Words（1）Usage of Professional WordsFirstly, contract is the product of the shared interest of the contracted parties. Each sales contract has its purpose to make a deal. As different businesse
26、s refer to different fields, contracts surely hold different professional expressions and have different professional words. Eg6. Pigment （颜料）Steel wire rope （钢丝绳）Oil （石油）Photocopy paper （复印纸）Magnetic compasses （磁罗盘）Transistor （晶体管）Secondly, sales contract itself is a unique field which concerns abo
27、ut the relative goods, transportation, and insurance, etc. So, there are also a lot of professional words about sales contracting in English sales contracts.Eg7. FOB （到岸价）CIF （离岸价）Inspection （检验）Insurance （保险）Shipping marks （唛头）Shipment （装运）Packing （包装）Unit Price （单价）Port of Loading （装运港）Port of Des
28、tination （目的港）（2）Usage of Legal Words As I said, sales contracts is also a kind of legal documents, which holds legal restrictions on contracted parties, English sales contracts of course include a lot of legal words. The usage of legal words on one aspect make the expression formality and authorita
29、tive, on the other aspect make the statement about rights and obligations clear.Eg8. Arbitration （仲裁）Termination （终止）Jurisdiction （管辖）Damages （赔偿金）Negotiations （协商） (车丽娟：2008：)2.1.3 Usage of May, Shall, Should, Will, May not, Shall not, etc Words like may, shall, should, will, may not, shall not are
30、 commonly used in ordinary works. But in contracts, these words are of specific meaning, which are not the same as ordinary using and should be given special concern.a. “May” is used in the situation to express rights, power, or privileges in contracts.b. “Shall” does not simply express the future t
31、ense, but often denotes obligations, which can be executed forcibly by laws. If ether party failed to perform its obligations, then it is deemed to breach contracts. Then a compensation obligation is formed. So, in Chinese, shall is often translated as“应该” or “必须”. Eg9. The parties hereto shall, fir
32、st of all settle any dispute arising from or in connection with the contract by friendly negotiations. Should such negotiations fail, such dispute may be referred to the Peoples Court having jurisdiction on such dispute for settlement in the absence of any arbitration clause in the disputed contract
33、 or in default of agreement reached after such dispute occurs. （车丽娟：2008：165） In the sentence, negotiation with the other party over disputes is an obligation. So, shall is used at first. Latter, if disputes cannot be settled by negotiation, they can be referred to the Peoples Court. But referring t
34、hem to the Peoples Court is now a right. So, may is used.c. “Should” is usually used to express a weak-tone suppose, to provide some accidences or exceptions.d. “Will” is commonly used in the condition that without legal force, only to express a statement of commitment. Its tone and force is weaker
35、than shall.e. “May not, shall not” are used to express forbidden conducts, meaning mustnt do something.2.1.4 Ancient Words Using There are a lot of ancient words appear in English sales contracts. The most typical ones are compounded adverbs formed by here, there, or where plus one or two prepositio
36、ns, such as hereinafter, whereas, thereof, hereto. These compounded adverbs usually role as attributives or adverbials in sentences. In a sales contract, repetition of some nouns can be avoided by the usage of these ancient words so as to avoid too long a sentence. Otherwise, usage of ancient words
37、makes the expression of contracts formal, precise and concise.Eg9. This contract is made by and between AA Corporation (hereinafter referred to as “the Buyer”) and BB Company (hereinafter referred to as “the Seller”) whereby the Buyer agrees to buy and the Seller agrees to sell this commodity on the
38、 following terms and conditions: （王依宁：2007：158）2.2 Contexts Impact on Words of English Sales Contracts In the environment of contexts, words are also influenced by context. The contexts impact on words of English sales contracts can be shown from three aspects: words features, words meaning and word
39、s usage. Here Id like to discuss the contexts impact on words of English sales contract in five detail points: 1. Contexts determines words features. 2. Contexts lead to a mono-meaning. 3. Contexts concrete words meaning. 4. Contexts supplement and enrich words meaning. 5. Contexts change words mean
40、ing and words usage.2.2.1 Contexts Determines Words Features Sales contract itself is a context, which determines words in contracts should be precise, formal, professional and clear. The contexts of English sales contract itself makes the words used in contracts hold the features of precise, formal
41、, professional, usage of ancient words, usage of shall, may, should, etc.2.2.2 Contexts Lead to a Mono-meaning Even though a word may have several meaning, it holds only one meaning in a specific context. It is the restriction of contexts leads the word to express only one meaning.Eg10. All disputes
42、 arising from the execution of or in connection with the contract shall be through amicable negotiation between both parties. （马若飞：2004：110）Word “party” has several meaning, for example: 1. An occasion when people meet together, to enjoy themselves by eating, drinking, dancing, etc. 2. An organizati
43、on of people with the same political beliefs and aims. 3. A group of people that someone has formed in order to go somewhere or do something in an organized way, etc. However, in the above term, the word “party” holds only one meaning, the third meaning. It is the context of a contract and the sente
44、nce context that lead it to express only one meaning.2.2.3 Contexts Concrete Words Meaning Sometimes words in a sentence are abstract or not so concrete, which may lead to some imagination of the words. But by understanding the contexts, readers can immediately know what it exactly means. It is the
45、contexts that connect the abstract words with some specific things, persons, contents or features, so as to express a specific and concrete meaning. Eg11. This CONTRACT is made by and between the Buyer and the Seller through friendly negotiations, whereby the Buyer agrees to buy and the Seller agree
46、s to sell the under mentioned goods on the terms and conditions stated below: Name of the commodity: Forever photocopy paper Specifications: B4 (207*364mm) Quantity: 5000 cases Price: HK 190 per case Packing: Hard paper case Country of origin & manufacturer: Malaysia （王家衡：2006：211-12） In the above t
47、ext, the word “goods” is abstract, but we can easily know what it really means from the contexts. It actually is Forever photocopy paper. It is the contexts tell us what it exactly means and lead an abstract word to a concrete meaning.2.2.4 Contexts Supplement and Enrich Words Meaning Contexts provi
48、de an environment to supplement a word meaning which cannot be expressed without the contexts. Contexts can also give weight to a word so as to enrich its meaning, expression and function. In eg11, we know the exact meaning of “terms and conditions” cannot be expressed by those simple three words. It is the contexts tell us, the terms and conditions include the following several demands: name of the commodity, specifications, quantity, price, packing, country of origin & man
