Unidentified moth / Unbekannter Falter

Can anyone identify this? I don’t take enough photos of insects (all my dragonfly shots have been failures), but this actually came indoors.

DSC08851w.jpg

This is fairly close.

Now closer – at a German site for identifying moths and butterflies, it looks like Phragmatobia fuliginosa (Zimtbär – Ruby tiger moth – borealis? more brown than red on top).

I really should be doing something else, at least cleaning that floor. The insect has disappeared, so I never photographed its underwings.

EU reform treaty / EU-Reform-Vertrag

EUobserver reports that last Thursday, Giuliano Amato said “They [EU leaders] decided that the document should be unreadable. If it is unreadable, it is not constitutional, that was the sort of perception”.

He said that if the document was unreadable, it would make it easier for the UK prime minister to say there is no need for a referendum.

The speech was recorded by UK based think tank Open Europe. It is also available on YouTube.
“This is an extraordinary admission from someone who has been close to the negotiations on the EU treaty”, said Open Europe director Neil O’Brien.
“The idea of just changing the name of the Constitution and pretending that it is just another complex treaty shows a total contempt for voters.”

But quite a few voters have been worn down by the misinformation constantly appearing in the press. I’d heard that to sell the treaty in the UK, it was necessary for it not to be called a constitution – no matter what was in it.

The organization Open Europe has a weblog. The heading of its report on this matter is ‘Loathsome Smugness’. I am not sure it separates fact and comment, but I suppose that’s the thing about blogs.

Judicial dress again/ Richterroben

Following the recent entry on changes to court dress in England and Wales, RA-Blog gives a link to a page with pictures of judicial dress all over the world.

It’s not quite accurate when referring to England and Wales – not surprisingly, since the situation is so complicated. And in England and Wales, ‘justices’ doesn’t refer to judges, but to lay magistrates.

>>Like everything else in Britain, British judicial costumes are regulated according to a myriad of ancient traditions, customs, and laws. Many of these rules date back to at least the 14th Century, making the modern British judicial system one of the world’s oldest.<< Does their dress date back that far? I don't think wigs were worn then. And what happened to 1066? I can't speak for Scotland and Northern Ireland (the page has separate pictures for Scotland later). >>The British judicial branch is very complex, and is composed of dozens of different courts of jurisdiction<< Not dozens. >> with grandiose names like the “Queen’s Bench” the “Chancery Division” and the “Crown Court.” Depending on which branch the judge belongs to, he could wear one of many different costumes. Unlike many other countries which limit their judges to wearing only red or black, in Britain judges wear almost every color. There are judges with blue robes, green robes, white robes, and even purple and pink ones. << I haven't checked the number of colours, but I have my doubts. >>There are several constants, however. All upper court justices in Britain wear the famous “full bottomed” powdered wigs while lower court judges wear the shorter “barrister” wig. << The full-bottomed wig is only for ceremonial occasions. In court they wear the bench wig - except the House of Lords judges, who don't wear wigs at all. On wigs, see earlier entry.

>>This is a holdover from the time when judges were members of the aristocracy, and it was considered fashionable for important people to show off their social status by wearing long flowing wigs. Once a year there is a special ceremony in Westminster Abbey during which all of the nation’s judges assemble to commemorate the start of the legal year. On formal occasions such as that, all judges wear “full bottomed” wigs.<< Exactly, and not on other occasions. The ceremony referred to is the Lord Chancellor's Breakfast. The picture of "more high court judges" with purple trim and full-bottomed wigs is a picture of the procession to the Lord Chancellor's Breakfast. Those are not high court judges, but circuit judges. By the way, the 'cross collar' is called 'bands'. For lots of pictures, including circuit judges in ordinary and ceremonial dress, see the wonderful PDF Legal Habits.

Another mystery to me is the picture that says ‘A lower court judge’. I don’t know what a lower court judge is supposed to mean – it can only mean a circuit judge (not a district judge, I think), and I don’t think it’s one of those. (The term ‘upper court’ quoted earlier is also dubious). I think it’s another manifestation of a high court judge. Here it is – any offers?

uk2.jpg

I’ve got a bit inured to English court dress, so I find the German Federal Constitutional Court judges the oddest. Their hats could have been designed for 2001. And I believe when they were invented, a theatrical costumier was consulted.

French law weblog / Blog auf Englisch über französisches Recht

French-law.net, subtitled French law in English, is a weblog started by Nicolas Jondet at Edinburgh University which describes itself as follows:

French-Law.net provides news updates in English on recent developments in French Law, focusing on Intellectual Property, Technology and Medical Law but also on private/commercial real estate law.
French-Law.net is a collaborative project which welcomes authors wishing to publish articles in English on any aspect of law originating from France or French-speaking countries.

(Via Inter Alia)

Court dress simplified/Richterbekleidung vereinfacht

The Solicitors Journal reports that from January 2008, judges’ clothing in England and Wales is to be simplified and their dress allowance reduced. This was announced on July 12. Media release here.

Judges will no longer wear wigs, wing collars and bands when sitting in open court in civil and family proceedings. The Circuit Bench, in accordance with their current wish, will continue to wear the same gown. All other judges will wear a new, simple, gown which is in the course of desigm-

In criminal proceedings, High Court Judges will wear the present winter robes. At the moment, High Court Judges have five different styles of dress for different situations.

Advocates (mostly barristers but some solicitors) will similarly not wear wigs, wing collars and bands in civil courts.

For a picture of the High Court Judge dress to remain, see earlier entry.

Wikipedia has some information on current court dress. Examples with pictures here.

The judges of the House of Lords wear no wigs and gowns, just dark suits. That is apparently because they are sitting as a committee of the House of Lords rather than a court in the usual sense.

US bowdlerization of children’s book/Rotraut Susanne Berner und die USA

Pimmel_3_DW_Kultur__312406g.jpg

Something in this picture was too much for Boyds Mills Press in the USA. They wanted to publish a translation of Rotraut Susanne Berner’s children’s book, but without this picture and another picture of a nude, both exhibits in an art gallery. The author insisted on the censorship being made obvious, for example by the pictures being blacked out, so it seems the book is unlikely to appear. Die Welt writes:

Erst im Februar hatten US-Bibliotheken ein preisgekröntes Kinderbuch aus ihren Regalen verbannt, weil auf der ersten Seite das Wort „scrotum“ (Hodensack) vorkam. Zuvor geriet selbst „Harry Potter“ wegen angeblicher Bezüge zum Satanismus unter Beschuss der selbst ernannten Sittenwächter.

Author’s nude drawings too hot for US publisher, from the Independent.
Kein deutscher Mini-Penis für die USA, from Die Welt (with 4 illustrations).

LATER NOTE: for visitors from the Absolute Write Water Cooler, here’s the other offending picture:

Pimmel_1_DW_Kultur__312404g.jpg

This subject is generating as much traffic as my old entry on how IKEA names its furniture.

Swiss criminal law terminology / Terminologie des Schweizer Strafrechts

This vocabulary doesn’t seem familiar to me. Go to the Obergericht, click on Dolmetscherwesen and then on Strafrechtsterminologie der Bundeskanzlei (D, F, I, E). It can’t be copied, but here’s one entry, scanned, to give an impression (scanned, OCR’d but not spellchecked for the various languages):

20
Täter (1); Täterin (2); Straftäter (3); Straftäterin (4); Delinquent (5); Delinquentin (6); Straffälliger (7); Straffällige (8)Person, die rechtswidrig und schuldhaft einen gesetzlichen Tatbestand erfüllt hat.
PS: CH; USG: (7)(8) zu vermeiden
(1) Schweiz. Strafgesetzbuch, Art. 7 (SR 311.0): (2) BSG 321.1 G 150395, Art. 46 Abs. 1 Ziff. 1; (3) BFS/BJ,
Anstaltenkatalog, 1998, S. 11: (4) POMBE, Baechtold, 1995; (5) BFS, Rückfallraten, 1997, S. 21; (6)(DF)(USG)
T. Freytag, Universität Freiburg, Seminar für Strafrecht, 2001; (7)(8) BFS, Bewährungshiffe in der Schweiz, 2001,
S.4
auteur (1); auteure (2); auteur de l’lnfraction (3); auteure de l’lnfraction (4); auteur de l’acte (5); auteure de l’acte (6); auteur de l’acte punissabie (7); auteure de l’acte punissabie (8); deltnquant (9); delinquante (10); auteur dlrect (11); auteure directe (12); auteur materiel (13); auteure materielle (14); auteur immediat (15); auteure immediate (16)Personne qui accomplit personneilement, avec la consclence ou ia volonte extgees par la loi, les actes
materlels constitutlfs d’une infraction.
PS:CH
Code penal suisse, (1) art. 7, (3) art. 27 a\. 3, (5) art. 18 ai 3, (9) art. 42 eh. 1 (RS 311.0); (2)(6)(8) CHA BE,
SCTerm, 1997; (4)(12)(14)(16)(GRM) ACH; (7) RSB 321.1 L 150395, art. 235; (10) Cornu, Voc. juridique, 1990,
p. 248; (11)(13)(15) Graven, Infraction penaie punissabie, 1995, p. 282; (DF) d’apres source (10), p. 83 sous
“auteur”
autore (1); autrice (2); autore di un reato (3); autrice di un reato (4); autore di reato (5); autrice di reato (6); autore diretto (7); autrice diretta (8); agente (9); delinquente (10)
Persona che realizza I presupposti oggettivl e soggettivi 6\ un reato. PS: CH: GRM: (9M10)f./m.
(1)(2)(3)(4)(5)(6)(7)(8)(DF) aw. M. Hohl Tattarietti, 2001; Codice penaie svizzero, (9) art. 7 cpv. 3, (10) art. 42 n. 1 (RS 311.0)
offender (1); perpetrator (2)Person who commits a crimlnal act with the mens rea required by the law.
PS:CH
(1) Home Office, Digest 2, Criminal Justice System, 1993, p. 7; (2) Romain, Dict. Legat Terms, part 1, EN-DE, 1989;
(DF) adaptation ofFrench definition

On the subject of Swiss German, Jens Wiese at Blogwiese has just announced that he has reached the end of his topic. At the moment he is rehashing old topics. He says that he often gets queries and they are all words he has already discussed. He still writes a weekly column in a couple of Swiss newspapers.

(Thanks to the ubiquitous Urs Wolffers)