Should you translate artículo literally as “article” or should you use the English functional equivalent “section” when translating references to Spanish legislation into English? You face a similar dilemma when translating other elements of a statute’s division hierarchy (e.g., título, sección and capítulo) and the names of the statutes themselves. For instance, should you translate ley as “law” or “act”?
The most important thing is to be consistent. If you decide to translate ley more literally as “law”, then also translate artículo literally as “article”. If you translate ley as the more English-sounding “act”, then use “section” for artículo. Then translate the other names in the division hierarchy according to the same criterion (i.e., literally or equivalently).
Thus, the choice comes down to whether you want a more source- or target-oriented translation, which will depend on the type of document and the target audience.
Legal documents and expert audiences
I normally use “law” and “article” (see the example below) for translating references to the legislation in legal documents. These more transparent translations make it easier for a reader to locate the source statute or element referred to.
There is another reason for using these more literal translations. The structure of hierarchical elements can be complicated and even inconsistent, and you can muddy the waters even further if you try to use authentic English equivalents for other elements in the hierarchy (e.g., paragraphs, books, titles and clauses).
For instance, if you translate artículo as “section”, what will you use for apartado and sección if they come up in your translation. You will find equivalents in English legislation, but these will be more opaque. And even if you can get your equivalency map right, a reader may find your criterion difficult to fathom. They may have to work hard to decipher your code of equivalency to find the element they are looking for in the original statute.
In his Spanish-English dictionary, West suggests using “law” for the statutes of countries in which the leyes are numbered (as they are in Spain). However, he also uses “act” to translate statute names in other places in his dictionary. Maybe he means only to use “law” for references that only state the statute’s number, as sometimes happens in Spanish.
In any case, using the structure “Spanish Law 15/1999 on Data Protection” gets around this problem by including the statute number in the title. So if the original doesn’t state the number, you might want to add it in.
Of course, in the translation of a legal document, it might not matter how you render the name of the statute because you will probably also include the Spanish name, at least the first time it appears in the text, precisely for reference purposes, e.g.:
- Article 35.1 of Spanish Law 14/2007 (3 July) on Biomedical Research (Ley de Investigación biomédica)
You also need to consider the approach taken in any translations of the legislation that the reader might find on the Web. However, this kind of second guessing may be counterproductive. You may find these translations incorrect or inconsistent. Also, you can never be sure of which translation a reader will find. The reader may refer only to the original statute or get someone else to translate parts of the original for them.
Therefore, the best bet might be to stick to your own criterion, which is always the easiest to explain and justify. Another option is to refer the reader to a translation of the legislation on the Web and adopt the conventions used there if you find them consistent and appropriate for your translation.
General texts and non-legal audiences
We can probably assume that non-legal audiences prefer functional equivalents and would more appreciate seeing the term “act” in the names of statutes over “law”. Such readers probably don’t care either way about whether you use “article” or “section”. In any case, you probably won’t have to translate many references to hierarchical elements in general texts.
Something like “Spain’s Data Protection Act” or “Spain’s equivalent to the Data Protection Act” usually suffices in general translations.
Not black or white
My approach is not the only one; it’s just the one that makes the most sense to me at this point in time. As you can see in this ProZ discussion on the difference between “section” and “article”, there is a range of opinions on how to deal with this problem.
When dealing with grey areas like this one, it’s useful to think in terms of approaches rather than absolute solutions. The article/section dilemma is a good example of how an overall approach can help you solve a translation problem at the word level in a coherent or at least easy-to-explain manner.
West III, T.L. (2012) Spanish-English Dictionary of Law and Business, 2nd edition.