Monthly Archives: January 2007

Nugatory / Richtersprache

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A translator was wondering recently how to translate the word nugatory into German. A judge had used it, saying that it didn’t really matter whether a decision was made on appeal or not, since there would be no money to be got – the decision would be nugatory.

It’s typical of judges in English and in German to use this kind of word. I wonder if it’s used at all outside legal language. I decided to search at Bailii – the new judgments rather than the old ones. Some examples:

THE USE OF THE COMPLAINTS PROCEDURE UNDER ARTICLE 90 OF THE STAFF REGULATIONS IS NUGATORY WHERE A DECISION IS MADE BY A BODY SUCH AS A SELECTION BOARD FOR A COMPETITION , WHICH ADJUDICATES IN COMPLETE INDEPENDENCE AND WHOSE DECISIONS CANNOT BE AMENDED BY THE APPOINTING AUTHORITY . (ECJ 1981)

The second main ground for the application is that if matters are allowed to proceed next week then the appeal will be rendered nugatory. (Court of Appeal, 1996)

In such situations as Vafi, where a change in circumstance would render the substantive hearing nugatory, requiring the matter to go to substantive hearing before having the proceedings struck out would result in the parties incurring unnecessary additional costs. (Irish Law Reform Commission, 2003)

In our view, the Sheriff misdirected himself by not expressly taking all these matters into account when exercising his judgment as to whether or not the mere appearance of “bias” on his part was sufficient to render the first four days of the proof entirely nugatory and to necessitate a fresh start. (Court of Session, Scotland, 1998)

Here it seems quite often to relate to appeals. I also find legal dictionaries defining it as meaning ‘being without operative legal effect (held that such an interpretation would render the statute nugatory)’ (Merriam Webster). Things are often rendered nugatory. (‘He misdirected himself’ is another nice legal expression).

Muret-Sanders says ‘besonders juristisch: unwirksam, nichtig’. This won’t work for the appeal, though. I once found unbeachtlich being used in this way, but that won’t always work either.

Linux for translators / Linux für Übersetzer

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An interview with Marc Prior, who has been advocating the use of Linux for translators for as long as I’ve known him, cam be found at Open Source Update. He answers questions on how he got started with Linux, what his current working environment is, some of his favourite Linux programs, and more.

Here is Marc’s Linux for Translators website (website also available in Dutch, Portuguese, Slovenian, Albanian and probably Serbian in Latin script), for more information on Omega T, the (free of charge) Linux translation memory tool.
(Tip-off from an ITI mailing list)

LATER NOTE: I see Linux is featured in Dilbert today.

(via PapaScott)

Reported speech / Indirekte Rede

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(This was not reported speech at all – see the evidence and discussion in the comments. Back to the drawing-board!)

There’s a query on ProZ that I can’t help mentioning. It’s a quote from the judgment of a German court and the asker requests that it should be answered by native speakers of German. I think it’s not always easy for native speakers of German to understand the grammar of their language, unless they’ve taught it to foreigners.

Anyway, the sentence is ‘Durch das der Klage stattgebende Urteil stünde jedoch auch fest, dass das Arbeitsverhältnis mit dem in der BRD ansässigen Arbeitgeber beendet worden und auf einen Arbeitgeber übergegangen ist, an dessen Sitz die EG-Richtlinie 2001/23 EWG nicht gilt. Im Ergebnis stünde der Arbeitnehmer schutzlos dar.’ [MM italics]

The query relates to the meaning of the subjunctive here. This is a sentence typical of German judgments, where the subjunctive makes it clear to the reader that it’s indirect speech, and in English the past tense doesn’t, so it’s worth adding ‘the court held’ every so often, to make it clear this is a quotation of what the lower court said, not the opinion of the present court.

So what did the lower court say, in direct speech? It said ‘es steht jedoch fest’. So you could write ‘the court stated that the judgment in favour of the plaintiff made it clear’, or even, avoiding any backshifting of verbs, ‘according to the court, the judgment in favour of the plaintiff makes it clear’.

Most of the answers are variations on ‘would be clear’. Indirect speech is mentioned in an ‘agree’, but it isn’t really brought out.

Anyone who’s translated a few judgments will recognize this usage. For the use of the subjunctive in reported speech (the form ‘stehe es jedoch fest’ would also be possible), see the nice site on the German language, canoonet.