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법과 문학 사이에서 -키케로 <수사학> 국역본에 대한 촌평: 법정연설(法廷演說) 부분을 예증 삼아-
Roman Law in the Cicero`s Partitiones oratoriae -A Short Review of Jae-Won An`s Korean Translation (2007)-

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Authors
최병조
Issue Date
2008
Publisher
서울대학교 법학연구소
Citation
법학, Vol.49 No4 pp.282-323
Keywords
로마법법정연설수사학연술론Partitiones oratoriaerhetoricaRoman rhetoricsstatus Legalisaequum et bonumRoman Law
Abstract
This article is a short review of the newly published Korean translation by
Jae-Won An of Cicero’s Partitiones oratoriae (September 2007). Its aim is very
limited, for it surveys only that part of the book which concerns legal
controversies (status legales). The translator tries, in principle, to express in
common Korean, but this attitude leads him very frequently to a translation that
is technically not precise enough and thus incorrect. His understanding of the
Roman legal terms as well as rhetorical termini technici seems to be surprisingly
poor and sometimes even defective. To make the matter worse, his translation of
the latin sentences which include nothing special in terms of vocabulary and
sentence structure is, generally speaking, very often perverting the meaning and
thus estranging readers from Cicero’s original intent. The additional explanations
given in the translator’s notes, too, are now and then incorrect. His Korean
counterparts for latin rhetorical terms, often not uniform and inaccurate, did not
always satisfy the common postulates in the word-formation as well as the
general standards for the technical terminology. As a matter of fact, this
judgement does not touch the whole of the book, but it apparently suggests that
these traits might also hold true for the rest of the book. It must be, therefore,
energetically stressed for him to renew the translation as soon as possible.
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

http://hdl.handle.net/10371/10246
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 49, Number 1/4 (2008)
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