The Court of Session (Outer House, which deals with cases at first instance) has recently published a decision in a matter between two German parties. The defender, who is domiciled in Scotland, asserted that only the German courts have jurisdiction over the case, but evidence from German law was produced to indicate that the parties could only have agreed this if they had both been Vollkaufleute.

There are one or two typos in the German, but the case is a good illustration of how courts call in expert witnesses and obtain translations in order to consider foreign law.

Thanks to Jonathan Mitchell.

Strange Maps shows the enclaves and exclaves of Liechtenstein today.

The post is by Rechtsanwalt Dr. Tobias Rudolph of Nuremberg.

Introduction to English law for translators and/or non-lawyers

This Euler diagram of British Isles terminology (Wikipedia, GNU Free Documentation Licence) seems a good place to start. By ‘start’, I mean get a few terms straight before plunging into how the common law came into existence on the islands.

On the diagram, red means ‘geographic’ and blue means ‘political entities (may also be geographic)’.

But note that the Wikipedia article Terminology of the British Isles has many other maps and comments on this terminology.

Now let’s consider some, but not all, of the terms.

Geographical terms

Great Britain: the name of the large island. It comes from the Old French for Brittany. OED Britain: ‘The proper name of the whole island containing England, Wales, and Scotland, with their dependencies; more fully called Great Britain; now also used for the British state or empire as a whole.’

Great Britain also includes a number of offshore islands, although they are not mentioned separately here, for instance the Shetlands, the Orkneys, the Hebrides, Anglesey, the Isle of Wight. It does not include the Channel Isles or the Isle of Man – or does it?

The British Isles: Two comments on this. First, as it’s a geographical term, I have always assumed it did not include the Channel Isles, which are geographically much closer to Europe. Second, it’s a controversial term, especially in Ireland. Some alternatives are mooted here, for instance Great Britain and Ireland (but that apparently omits the Isle of Man from the group).

Political terms

British Islands: This is a fairly uncommon term, but it is defined in the Interpretation Act.

“British Islands” means the United Kingdom, the Channel Islands and the Isle of Man. [1889]

United Kingdom: the full political name is The United Kingdom of Great Britain and Northern Ireland. As the diagram shows, it doesn’t include the Channel Islands and the Isle of Man. These are Crown dependencies, so they are politically associated with the UK.

Republic of Ireland: This term is widely used, especially in Britain. But the name of the country is Ireland (or in Irish Éire). That’s what it’s called in the EU, too.

Introduction to English law for translators and/or non-lawyers

About this introduction

I’ve been considering revising some notes I used to use with students, originally entitled Introduction to English Law (should it be the Law of England and Wales, or Law in English?).

The original idea was that one booklet should briefly cover many areas of law. Then, if a written or at-sight translation text dealt with a topic that had not yet been taught, all the students could be referred to the relevant pages.

This was at the Institut für Fremdsprachen in Erlangen. At the SDI in Munich, I think the text used was Law Made Simple, by Colin Padfield (now by Barker and Padfield; ISBN of the 2007 edition is 978-0750684941).

But things have changed since 1994 (I was teaching till 2002, with more up-to-date handouts not integrated into the script). Indeed, the syllabus in Bavaria has changed and sounds much more useful for translators.

In the UK, Wales and Scotland now have their own parliaments. Some of the courts have changed their names. There is a Ministry of Justice.

The notes are intended for translators, and there is a place for both PC and non-PC terms. Thus The British Isles is a controversial term in some quarters, especially Ireland, but at the same time it’s used as a geographical term for all the islands without any intention to insult.

The whole complex of geographical and political terms is a tin of worms, to coin a phrase. I’ll introduce it in a separate entry. No comments on those terms under this entry.

Mystery windows.

The Frankenpost reports that a driver has been picked up on camera for speeding more than once in Bavaria, but as he has a right-hand-drive car, they could only identify the passenger, a large Ernie doll (Muppets). For picture, see there:

BINDLACH – Die Bayreuther Verkehrspolizei glaubte zunächst, einen Schnellfahrer am 8.8.08 um 11.11 Uhr bei einer Geschwindigkeitsüberwachung auf der A9 in Richtung Berlin erwischt zu haben. Beim genaueren Hinsehen stellten die Überwacher jedoch fest, dass es sich um ein englisches Fahrzeug mit einer Rechtslenkung handelte und die Puppe “Ernie” auf dem Beifahrersitz Platz genommen hatte.

(Via Werner Siebers)

Meanwhile, Gizmodo UK shows a hand that can be installed in the rear window and will give a choice of seven miscellaneous gestures.

Anyone showing the middle finger would soon find themselves in court in Germany, but might one get away with the V sign? But then again, it wouldn’t be much use if no-one else understood it.

Here’s the source.