On the Translation of The Great Ming Code (Da Ming Lü) from the Perspective of Translator’s Discourse

Based on a paucity of cases and drawing on the translator’s subjectivity, this essay examines how Jiang Yonglin employed numerous translation strategies to foster the realization his discursive power: On the one hand, he tries to be neutral or objective via a combination of domestication and foreignization strategies, at the same time, influenced by such factors as culture, value and ideology, he is more or less biased towards one party by adopting selective translation strategies. The study proposes that translators, subject to various social and personal ideologies and cultural value, do display double roles during the translation process. The findings illustrate the fact that there is indeed a close connection between discourse and ideology, and promote the translation criticism of Chinese legal classics.

historical background so as to uncover the translator's translation thought and further the manipulation on the source text.

Method
The present research is conducted based on the examples and theory of power discourse and the translators' subjectivity. The author will first of all probe into the linguistic differences between the Jiang Yonglin's version and Chinese version of The Great Ming Code (Da Ming Lü) through extensive examples.
Such methods as inductive and critical discourse analysis are adopted to explore the interaction between translation strategies and translators' discursive role from the perspective of critical discourse analysis and the translator's subjectivity. Documental method is used to conducting researches on the translators' discourse. Meanwhile, critical discourse analysis method is adopted to explore the translation strategies and linguistic performance so as to confirm the idea that affected by such discourse as personal ideology and subjectivity, Jiang Yonglin takes full advantage of his role to foster the realization of his translation objectivity via various translation strategies.

An Introduction to the Translator's Discourse
The pure original text is not in its existence because of its property of history, and our understanding of the text is a gradual accumulation of explanation. Since the original text is consistent process of rewriting and reorganization, different readers in different eras more often than not have various comprehension about the original text. Due to the fact that Chinese words in ancient era are a little vague, it is well acknowledged that the translation of Chinese classics is the explanation of the original text, and the writer of Chinese classics is invisible, and rather the translator is more or less visible.
Consequently, research on the translators' discourse is indeed paramount.
Fairclough and Wodak insist that language is a form of social-action (Fairclough & Wodak, 1997, pp. 278-279). Van Dijk holds that language is related to mental schemas representing the social and give rise to stereotypes, that in turn give rise to various ideologies, among which are exclusionary discourses, especially racism (Van, 1977(Van, , 1980(Van, , 1998Van, & Kintsch, 1983). The nature of discourse is dynamics and intention. It implies that discourse is interwoven with ideology which may not be realized but have to be admitted like presupposition, value and belief. Therefore, translator's discourse must more or less has the hint of his ideology. Research from the perspective of discourse will avoid the mere focus on the academic analysis of the translated text and the only such criteria as faithfulness and accuracy. Fairclough, Norman (1992) puts that any discursive event (i.e., any instance of discourse) is seen as www.scholink.org/ojs/index.php/wjssr World Journal of Social Science Research Vol. 5, No. 2, 2018 184 Published by SCHOLINK INC.
being simultaneously a piece of text, an instance of discursive practice, and an instance of social practice, among which the relationship between texts and texts, and texts and social practices have been brought to the fore. It is fairly generally agreed upon that a sound theory of discourse should comprise not only a theory of the structures of text and talk, but also a theory of context, of the relations between text/talk and context and of (re)contextualization processes in general (Auer, 1992;Duranti & Goodwin, 1992;Gumperz, 1982). It is also obvious that power plays such a pivotal role that the translator can manipulate to exert effect on the relation of a harmonious translation context.
Power is implied in the discourse, and that refers to the process where a certain norm initiated by a social group will be delivered to and further accepted by the target readers so as to build his relevant social status and therefore recognized by other groups. And there is a further very good reason to say that discourse can not only convey the surface meaning but also involve the potential influence on the target readers, as such much importance should be attached to the influence of translation on the target readers while studying the translator's discourse. Evidently, the translated discourse power transmitted through translation is not exactly equivalent to that of the writer's original intention due to such differences as culture, expression and social context, etc., or rather, it is obviously easy to render the realization of discourse intention since both the target readers and the original writer have the same cultural and language environment, but that is not the case with the translator whose target readers are enormously different from the original readers. It can be embodied from the following aspects: when the original writer's target readers include all the readers, especially the target readers of the translated version, then the translator will necessarily adopt relevant strategies to render the original writer's discursive intention into proper ones accessible by the target readers; If the original writer's discursive intention is for some of the target readers in the source language context instead of all the readers, the translator has no choice but to make a discretion and exert every effort to re-recognize the source text so that the unique implication in the source language can be successfully converted into the translator discursive power in the target context. It has to be pointed out that the translator's discursive power isn't necessarily equal to discourse dominance. The translator's discursive power, as a kind of soft power, gradually penetrates into the target context while discourse dominance can be referred to such case under which the target readers are forced to accept foreign culture. Power dominance studies the power relations between cultures, conquest and submission and further the control of one culture on the other culture. However, it is not the power relations between source culture and target culture in the translator's discursive power but the attempt to present the various social factors in the source culture to the target readers in such a way accessible to them. whether the translation goal has been attained remain to be explored in depth, which will be studied and analyzed in the following section.

Translator's Neutral Role and Its Discursive Display
In creating a new act of communication of a previously existing one, translators are inevitably acting under the pressure of their own social conditioning while at the same time trying to assist in the negotiation of meaning between the producer of the source language text and the reader of target language text, both of whom exist within their own, different social frameworks (Hatim, 1990).
Undoubtedly, there is a connection in terms of goals and words and structure choices of the target language text. Translation is objective-motivated: such translation skills as additions, omissions and alteration may be justified in relation to the intended meaning. As is evidenced from the above example, such concepts that are unique and can to a certain extent reflect Chinese culture as "甲首", "主保", "小里長", "耆老" and "罷閑吏卒" are respectively rendered into tithing chiefs (jiashou), security group (zhubao), deputy community heads (xiao lizhang), elders (qilao) and functionaries or runners (baxian lizu) which is the combination domestication and foreignazition strategies. The concepts of "甲首", "主保", "小里長", "耆老" and "罷閑吏卒" don't bear exactly the same form as that in the target language, or rather, they are linguistically or conceptually absent, in consequence, Jiang Yonglin borrows new and correspondent words or meanings "tithing chiefs", "security group", "deputy community heads", "elders" and "functionaries or runners" to avoid ambiguity and obscurity caused by different culture system. At this point, it suffices to note that Jiang Yonglin uses foreinizing strategies as an attempt to deconstruct normative thinking in cultural concepts translation and it is indeed realized in the target legal system and understood by the target readers. Of course Jiang Yonglin's foreignizing translation method could never been entirely free of domestic values and agendas, including such transliteration skill as (jiashou), (zhubao), (xiao lizhang), (qilao), and (baxian lizu), and such method is common throughout the whole translated version by

English version
(1) In all cases of fraudulently selling or exchanging, falsely claiming, selling in written contracts of conditional sale (dian) without real money, or taking possession of others' fields or houses, the offenders shall, for 1 mu of cultivated land or1 room of a house or less, be punished by 50 strokes of beating with the light stick. For each additional 5 mu of cultivated land or 3 rooms of a house, the penalty shall be increased one degree. The punishment shall be limited to 80 strokes of beating with the heavy stick and penal servitude for two years. If the fields or houses belong to the government, in each case the penalty shall be increased two degrees.
(2) If they forcibly occupy government or the other persons' mountains, plains, lakes, tea plantations, reed marshes, or smelters of gold, silver, copper, tin, or iron, they shall be punished by 100 strokes of beating with the heavy stick and life exile to 3000 li.
... This case confirms the view that translation reflect the imperatives of their context, their time and their culture. Translators, caught in a web of often contradictory relationships, will resolve the tensions according to their understanding of their own position and role within their culture (Lefevere, 1992).
Moreover, the study demonstrates how translation becomes even more problematic when source and target culture systems are substantially different. Since a legal text derives its meaning from one or more legal systems, legal translation more often than not is essentially treated as a process of translating legal systems. As Susan Sarceive (1997) put that undoubtedly the translator's greatest challenge when translating the legal rule is to find suitable ways of compensating for conceptual incongruency. From the above translation of such items as mu and li, which can not be found equivalents in the western world, or rather they are the kind of cultural words unique to China, it can be argued that Jiang Yonglin would like to retain the nature of Chinese words so as to the the exotic culture to a certain degree shall be protected. Meanwhile, such translation is a wise choice for the conceptual incongruency can be compensated in a subtle way. As a result, it is not surprising that mu and li are not translated to avoid the use of technical and other system-bound terms that have no close equivalent in the western world. On the other hand, the goal of legal translation is to transfer the meaning or message of the source text as accurately as possible and legal translator has to understand how the illocutionary acts operate in legal rules (Fluck, 1985). As such, the target-language-oriented approach is adopted by Jiang Yonglin which can be illustrated from such cases as the strict observance (1) In all cases of mortgaging or renting out wives or concubines to others as wives or concubines in order to acquire property, the offenders shall be punished by 80 strokes of beating with the heavy stick.
For those who mortgage or rent out daughters, they shall be punished by 60 stokes of beating with the heavy stick. The women shall not be punished.
(2) For those who fraudulently claim that their wives or concubines are their older or younger sisters and marry them to others, they shall be punished by 100 strokes of beating with the heavy stick. Their wives or concubines shall be punished by 80 strokes of beating with the heavy stick.
(3) For those who know the circumstances and purchase the women or marry those, in each case they shall be punished the same. The marriages shall be dissolved, and the betrothal gifts shall forfeit to the government. If they do not know the circumstances, they shall be returned to them.
If neutrality can be illustrated as such term as involving "balanced, impartial and objective" (Jacobs, 2002), Example 3 is a fit example of translator neutrality. Jiang Yonglin strictly observes the sentence order of Chinese language and tries to avoid any unfaithful hint. It can be found that certain Chinese words like "凡" and "若" are rendered into "in all cases of..." and "if..." which embody the feature of legal language.
Through numerous discursive strategies, Jiang Yonglin successfully displays he is present solely as an interpreter fostering the realization of the author or the legal writer's intentions, although sometimes giving some explanations. As such, Jiang Yonglin's impartial role is constructed in a visible way.
Translator's neutral role and its discursive display Baker (2006aBaker ( , 2006b argues that the very nature of human knowledge is narratival and is thus prone to represent a particular perspective. There is no neutral ground, no neutral knowledge, and thus no neutral translation. Impartiality is on the basis of such fact that the observer gives a remark from the unacknowledged point of departure. Nevertheless, there is no doubt that there is indeed a certain perspective; as such there exists no neutrality, no escape from personal value (Minow, 1987), or it is undeniable that translators are human possess their choice, perspective and bias, and their life ideology and life experience will surely have impact on the translation process.

Translator Being Biased and Its Discursive Construction
When different interests are incompatible, the translator has to make a selective decision. As a result, the bias occurs shortly after the translation starts. The nature of translation determines that it is to a certain extent impossible for a translator to remain neutral. In other words, translators are likely to be engaged in their own value judges rather than relying upon what the author has said in the source text, ready to supply or delete some information that they think are not consistent with their own values. The translator's goal is inextricably bound up with the socio-cultural context in which the act of translating takes place. Thus it is without doubt that important to assess the translator's ideology. In all cases where defending military offices, salt distribution commissions, or police offices patrol for and apprehend illegal salt transactors, they shall immediately transmit the transactors to local government offices with authority for investigation. No (apprehending) office shall interrogate without authorization. If officials or functionaries of local government offices with authority connive (with the apprehending offices) and release the transactors, they shall be punished by the same penalty as that for the offenders. For those who receive property, calculate the value of the illicit goods; they shall be punished on the basis (accepting property and) subverting the law, with the heavier penalty applied.
As evidenced by the above translation, such missing information in the source text as apprehending, with the apprehending offices and accepting property are added by Jiang Yonglin in the target text so as to reduce the obstacles target readers may be faced with. Since it is a tough task for target readers to be exposed with the extensive Chinese ancient legal culture, let alone understanding the text that is without some concrete information, Jiang Yonglin has fully taken this point into consideration, and made a wise choice to cater for the needs of target readers. The translation has focused on political, academic and industrial discourse in which meaning is shaded in order to comply with target culture socio-political ends. Jiang Yonglin uses this strategy when translating, allowing his to make changes in order to maximize the relevance of communication for the intended audience (Gutt, 1991).
Ideologically Jiang Yonglin is involved in the production of culture, a frame of mind that allows him translate in a way in which norms of the target culture are adhered to so that the Chinese culture enter the western world in a more acceptable way. Jiang Yonglin is involved actively or in favor of the target readers in translation, serving as an agent of the target readers or availing of his agent's role to take the western readers' thought into account, and consequently promotes the translation process, and such a strategy may be appreciated by the target readers. (2) If Buddhist or Daoist priests do not petition for ordainment certificates but they themselves shave their heads without authorization, they shall be punished by 80 strokes of beating with the heavy stick.
If this is initiated by household heads, the household heads shall be punished. If abbots of Buddhist or Daoist monasteries or teachers ordain without authorization, the punishment shall be the same, and they shall be returned to lay status.
Translators usually give up neutrality which allows him to adopt certain methods to meet the expectations of the target receivers. As is shown in the above translation, the source text places concrete rules on Establishing Buddhist or Daoist Monasteries without Authorization and Ordaining Buddihst or Daoist Priests without Authorization (Sichuang anyuan ji sidu sengdao) and it goes so far as to resort to certain regulations to explain the specific situations. Nevertheless, the specific regulations are left out by Jiang Yonglin. For target readers who are not familiar with Chinese culture, it is a little redundant for them get a better understanding of these regulations, otherwise, readers will be confused and even give up the text halfway though enough information is provided by Jiang Yonglin because of cultural difference and numerous technical terms. Therefore, it can be argued that the translator is in favour of target ideological agenda.
Besides, it is said that if the translated is regarded as the recreation with the same status as the original text instead of the appendage, then the paratext can be borrowed. Paratexts are those liminal devices and conventions, both within and outside the book, that form part of the complex mediation between book, author, publisher and reader: titles, forewords, glossary, epigraphs and publishers' jacket copy are part of a book's private and public history (Genette, 1997). By studying these information can we probe into the production mechanism of the translation as well as the reception of the translation. frustrating target readers, Jiang Yonglin resort to the numerous background information. There paratexts are the reflection of the translator's role and the material for study of translation selection and strategies. Jiang Yonglin's vigorous revision of the foreign text aims to assimilate the source-language culture to that of the target language.

Discussion
The focus of the present study is to probe into the translator's discursive power during the translation process with regard to its impartiality, translator's discourse translation strategies and the causes behind such behavior and how the ideology affects Jiang Yonglin's discourse from the power discourse and the translator's discourse perspective. Dynamics of power or ideology are both within and beyond translation. Translators articulate and enact changing cultural and literary relations.
On the one hand, Jiang Yonglin does display neutrality, either by strictly observing the order of source language or by borrows new and correspondent words or meanings "tithing chiefs", "security group", "deputy community heads", "elders" and "functionaries or runners" to avoid ambiguity and obscurity caused by different culture system and using transliteration or Roan pinyin system like (jiashou), (zhubao), (xiao lizhang), (qilao) and (baxian lizu) and Chinese cultural concepts such as mu and li. So Jiang Yonglin attaches importance to impartiality, because being an impartial position can not only enhance the target readers' acceptance but also foster the realization of translation goal (i.e., promoting cultural communication).
On the other hand, Jiang Yonglin is active and partial, acting in favor of the source language or the target readers in order to steer translation towards the way to achieve the principal objective. As is evidenced by the examples above, the missing components of subjects, objects and pre-attributes such as apprehending, with the apprehending offices and accepting property are left out in the original text are added by Jiang Yonglintha in the English version and the specific regulations on Establishing Buddhist or Daoist Monasteries without Authorization and Ordaining Buddihst or Daoist Priests without Authorization (Sichuang anyuan ji sidu sengdao) are provided to cater for the needs of target readers. As a consequence, it has to be admitted thatsocial context (i.e. legal environment and social ideology) certainly exerts influences on how translation is approached. Foucault (1979) puts that power influences bodies, because power relations exert an instant hold on it.
In the legal classics translation, translators, as the third party, resting on the implied power and ideology in the social setting, affected by the translation goal of fostering harmonious cultural interaction, and taking into account of target readers and source text, will not merely objective, but rather display a great deal of power to over the whole translation process, and adopt numerous translation strategies to reach a better effect. So during the translation process, Jiang Yonglin inevitably take the viewpoint of the target readers, by using domestication strategies, as is evidenced by the above examples. Thus, Jiang Yonglin is more or less biased, and renders the translation more accessible and acceptable to target readers by resorting to such methods as addition, omission and paratexts.
The study implies that Jiang Yonglin is surely affected by western norms, power and social ideology, which function together to guide the translator's behavior and illustrate the reason why Jiang Yonglin does show a dual role during the translation process. This research is not intended to criticize the translator's role in translation process, and the adequacy of this research is undermined because of its small examples. Nevertheless, hopefully this study will to a certain degree make contribution to research on translation of Chinese legal classics.