Understanding the Nuances of Japanese Legal Translation: Challenges and Best Practices

Errors when translating legal documents can have serious consequences. Contracts may be invalidated or rendered non-binding. Depositions and affidavits could be inadmissible in court. Inaccurate documents might prevent people from entering countries and may impact their rights or freedom.

Regardless of the languages involved, legal translation is a highly specialised field. Legal translation demands precision, attention to detail, and comprehensive knowledge of both the source and target legal systems. An in-depth understanding of specific legal terminologies, concepts, and structures is required.

The intricate legal environment in Japan presents greater challenges than most. It features practices that reflect the country’s unique blend of tradition and modernity. This environment, the complexity of the Japanese language, divergent legal systems and cultural nuances all combine to ensure that Japanese legal translation demands considerable expertise.

Japanese legal translation professionals face numerous challenges: 

Linguistic differences

Sentence structure

Japanese sentence structures differ significantly from those in English and other Foreign languages. Japanese legal sentences often contain long, complex clauses that convey meaning through context and implication rather than explicit detail. Whether translating from Japanese or into Japanese, translators must restructure sentences carefully to retain the correct meanings while using appropriate language.

Kanji ambiguity

Kanji characters, derived from Chinese, carry specific meanings that are essential for legal language but can be ambiguous depending on context. Words with multiple kanji interpretations require the translator to select the meaning that fits the legal context, often relying on background knowledge of Japanese law.

Honorific language

Japanese features polite and humble forms of address, which can carry implications in legal documents, such as contracts or affidavits. Translators must interpret and render such nuances appropriately and without either losing the formal tone of legal documentation or creating ambiguity.

Legal terminology and concepts

Lack of direct equivalents 

Legal concepts vary between countries. Japanese legal terminology doesn’t always have direct equivalents in other languages. Japanese law has been influenced by German and French legal traditions, some of which are at variance with English and American law. Terms such as “jiko sekinin” (self-responsibility) or “isharyo” (compensation for emotional distress) require careful interpretation and contextual explanation.

Use of foreign loanwords

Japanese legal documents sometimes incorporate loanwords from English, French, or German but such words may not have precisely the same meanings as they do in the languages from which they were borrowed. Translators must discern whether to translate these loanwords literally or to interpret them according to Japanese legal context.

Japanese legal system

Civil law vs. common law

Japan’s legal system is based on civil law, and has drawn influences from the German and French systems whereas the English legal system is based on common law. Civil law jurisdictions rely on a codified system, where core principles are written into a referable document. The six legal codes in Japan are:

The Civil Code (民法 Minpō, 1896)

The Commercial Code (商法 Shōhō, 1899)

The Criminal Code (刑法 Keihō, 1907)

The Constitution of Japan (日本国憲法 Nippon-koku-kenpō, 1946)

The Code of Criminal Procedure (刑事訴訟法 Keiji-soshō-hō, 1948)

The Code of Civil Procedure (民事訴訟法 Minji-soshō-hō, 1996)

Common law jurisdictions including England, rely on case law - the development of precedents established by judgements in previous cases. The differences between legal systems impacts terminology, legal interpretations and the structure of legal documents. Translators must consider all of these potential issues.

Institutional and procedural differences

Japanese courts and legal procedures differ significantly from those in many Western countries. For example, Japan’s “lay judge” system, introduced in 2009, involves ordinary citizens in certain criminal cases, a concept that does not align precisely with the common law jury system. Translating terms and procedures accurately can be challenging, as translators must bridge procedural gaps without altering the document's intent.

Cultural nuances in legal language

Implied contexts 

In Japan and the Japanese language, context matters and meanings can be implied rather than explicitly stated. Legal texts may not feature direct statements and so can rely instead on implied meanings and contextual understanding. When translating from Japanese into other languages, translators must capture the intended message and may need to use more explicit language in the target document.

Politeness and formality

Japanese legal language is inherently formal, incorporating respectful language and honorifics that imply deference to the parties involved. When translating into other languages, which may not carry the same level of respectfulness it is difficult to maintain an appropriate tone while also ensuring that the intended meaning is conveyed.

Indirect expressions

Japanese legal language often utilises indirect phrasing to convey instructions or obligations. This type of phrasing can be challenging to translate into other languages where direct phrasing is typically expected. Translators must adjust the phrasing to be sufficiently direct and unambiguous. 

When translating legal texts into Japanese, translation professionals are faced with finding suitable phrasing to meet cultural expectations and legal requirements while remaining unambiguous. This requires considerable experience together with an in-depth knowledge of Japanese law and the associated language. It is vital that translators don’t allow personal biases or interpretations to affect their work.

Accuracy and consistency

The translation of legal documents requires complete accuracy as even minor errors can lead to serious misinterpretations, breaches of contract, or other legal ramifications. Translators must check that the terminology and phrasing used remain consistent across lengthy documents to ensure clarity. 

Translators often create or refer to glossaries of legal terms to ensure that consistency and accuracy are maintained throughout documents and across all related documents. Such glossaries include terminology for both Japanese and target-language legal systems.

In complex cases, translators may consult with legal experts who understand both Japanese and international legal systems. These experts can provide valuable insights into the interpretation of legal terms or procedures.

Legal translations should be subjected to thorough review. Such texts may require certification by a professional organization. The review process could involve multiple translators or legal professionals and should ensure that translations meet the necessary legal and linguistic standards.

Fulfilling an important role

Japanese legal translation requires a unique blend of linguistic skill, cultural knowledge, and legal expertise. From navigating linguistic and cultural nuances to bridging differences in legal systems, translators face numerous challenges in achieving precise and accurate outputs. 

By developing specialized skills, consulting with legal experts, and adhering to strict confidentiality and ethical standards, translators ensure that legal documents are understood and are binding. Skilled Japanese legal translators will continue to be crucial to the fostering of mutual understanding and cooperation between countries.

Our Legal Services

Experience peace of mind with our expert Japanese legal services. Whether you're navigating mergers and acquisitions, drafting contracts, or localising court documents, our team ensures precision and accuracy at every step. Get in touch with us today to eliminate misunderstandings and safeguard your business interests.