The Weight of Words in Legal Translation
As a NAATI Certified Mandarin Interpreter and translator, at least half—often more—of my daily work involves complex legal matters. Whether operating within the strict legal system of Mainland China or navigating common law jurisdictions in Australia, the rigor and necessity of precise legal language speak for themselves.
In the legal world, meticulous wording is not pedantry; it is an absolute necessity. Legal translation stands as one of the most challenging areas in the translation profession, where a minor misunderstanding can lead to catastrophic financial or legal consequences.
The Inherent Challenge: Translating Systemic Concepts
Translation itself carries the inherent characteristic of “untranslatability.” Certain terms, systems, and concepts in the source language simply do not have fully equivalent expressions in the target language.
As practitioners engaged in NAATI translation and holding Level 3 Certified Translation credentials, we must strictly adhere to the principle of accuracy. In specific circumstances, the only permissible clarification is clearly identified as a translator’s note—this is one of the very few situations in which a translator may “explain” without compromising the integrity of the source document. Many times, it feels like performing art on a tightrope while wearing handcuffs.
Case Study: The $5 Million Comma
Today’s case is about a seemingly simple comma. Simple, yet not simple. A comma worth five million dollars.
The Background of the Oxford Comma Case
In 2017, delivery drivers for a dairy company in Maine, United States, sued their employer for unpaid overtime. Under Maine law, employees who work more than 40 hours per week are generally entitled to overtime pay. However, the statute also lists certain exempt categories of work, including employees engaged in:
“packing for shipment or distribution.”
The issue was that this phrase lacked an Oxford comma (the comma before the “or”), which created two possible interpretations.
The Interpretations
- First Interpretation (Company’s Position): “Distribution” is treated as a stand-alone exempt activity. In other words: Packing for shipment, OR distribution. If distribution itself is an independent activity, then delivery drivers fall within the scope of distribution. Under the exemption clause, the company argued it was not required to pay overtime.
- Second Interpretation (Drivers’ Position): The provision exempts only the single activity of “packing for shipment or distribution.” In other words, only employees engaged in packing fall within the exemption. The drivers did not perform packing work; therefore, they should not be exempt and should be entitled to overtime pay.
The Legal Outcome
The dispute in this famous “Oxford comma case” originated from the wording of the Maine overtime statute itself. The appellate court held that the provision was ambiguous. Under labor law principles, when a statutory provision is unclear, it must be interpreted narrowly in favor of protecting employees’ rights. Ultimately, the court supported the drivers’ position. The company later reached a settlement of approximately five million dollars.
This case has since been widely referred to as the “Oxford Comma Case” and has become an important example of the precision required in legal language.
Ensuring Precision: Removing Ambiguity
A simpler example helps illustrate how the Oxford comma removes ambiguity.
Without the Oxford comma:
I invited my parents, Tom and Lucy.
This sentence may be understood in two ways:
- My parents are Tom and Lucy. (Only two people.)
- I invited three parties: my parents, Tom, and Lucy.
With the Oxford comma:
I invited my parents, Tom, and Lucy.
It clearly means I invited three groups of people:
- My parents
- Tom
- Lucy
One Oxford comma eliminates potential misunderstanding.
Punctuation Matters in Legal Documents
A brief note on punctuation: There are Chinese commas and English commas.
- Chinese comma: ，
- English comma: ,
Most people may not notice much difference. However, in legal translation, every punctuation mark may affect interpretation.
Why NAATI Certification is Crucial
From the perspective of a NAATI certified translator and translation expert, seemingly “simple” documents carry immense weight. Whether it involves:
- Driver’s licence translation
- Birth certificate translation
- Marriage certificate translation
- No criminal record translation / Police clearance translation
- WeChat translation
- SMS translation
These documents are often submitted as evidence in court and carry full legal effect. A single typo or misplaced comma can invalidate evidence.
As a NAATI translation expert, Level 3 translator, and Certified Translation practitioner, we are not merely translating words—we are conveying legal meaning and helping readers access fairness and justice.
Remember: Legal language does not allow “nearly correct.”