Portuguese law/Portugiesisches Recht

In connection with the abduction of a British girl in Portugal, the British press seem mystified by Portuguese criminal law. The BBC even has a video (and text) on the topic.

The man, believed to be Robert Murat, who shares a villa with his mother in
Praia da Luz, Algarve, was initially treated as a witness and not arrested or charged.
But now he has been given “arguido” status, which means he is officially a suspect.
…Artur Rego, a Portuguese lawyer, told BBC News: “Arguido is the person who has been accused of being the perpetrator.
“But he is not yet indicted. This is just an accusation made exactly at the end of the investigation.”

It sounds to me like Angeschuldigter and not yet Angeklagter.

Apparently the person involved can ask to be classified as an arguido, in order to obtain more rights than a mere witness.

In view of the circumstances, the suggestions in Webster’s Online Dictionary (often surprisingly useful) seem to go too far. Since the dictionary is largely based on searching, the presence of quotes like ‘Ma looked in astonishment at the bar of iron’ in the at the bar entry (accused, defendant, prisoner at the bar) are not in the same class as kalebeul’s quote on the French term home-jacking.

LATER NOTE: Here is more (OPINION OF THE COMMISSIONER FOR HUMAN RIGHTS, MR. ALVARO GIL-ROBLES, on the procedural safeguards surrounding the authorisation of pre-trial detention in Portugal):

A number of special features result from this system. There is, firstly, no conceptual separation between an investigation, conducted by the police, and a criminal enquiry conducted by a prosecution service. There is, equally, no division of competences between the investigation and the prosecution, both functions being fulfilled by the Public Prosecution Service, which is entirely independent from the executive and other State bodies. Lastly, information obtained in the course of the investigation led by the Public Prosecution Service (the —inquérito“, ”enquiry‘) remains, as a general rule, confidential, i.e. withheld from all parties except the judges involved, until such time as a formal accusation is made. This is procedural feature is referred to as the —segredo de justiça“, the confidentiality of the enquiry.

Style of address on mailing lists / Anrede auf Mailingliste

I quote a mailing list message:

Deshalb ist es ja umso wichtiger, dass sich die Mitglieder ziemen und die entsprechenden Höflichkeitsformen und Ausdrucksweisen wahren, wie z.B. eine entsprechende Anrede überhaupt zu verfassen.

(MM’s emphasis)

Again and again I wonder: is it just in Germany that some lists expect you to write ‘Liebe Forumsmitglieder’ or some such, and are offended if you have no address at all?

I recall a UseNet group for some bookkeeping software where people wouldn’t even reply if you didn’t use a form of address. This was the case no matter if you were replying to an individual or writing a new question to the whole list (in the latter case, there is no really sensible form of address, is there?)

Here are some recent examples:

Liebe Kollegen und Kolleginnen
Liebe KollegInnen
Liebe / lieber X
Hallo Frau /Herr X
Hallo X
Liebe KOUKO
Liebe Liste
Moin!
Liebe Helfer
Guten Abend
Bonjour X
Guten Morgen, X

I really can’t understand why anyone should be offended if one of these is missing. And I believe a formal close is also expected. I have the feeling it isn’t the case on English-language lists.

ß and capitals/ß Großschreiben

Das ß sollte abgeschafft werden, wie in der Schweiz – das Problem sieht man in der Überschrift. Es mausert sich aber langsam zum Großbuchstaben, das Versal-ß – siehe Berlin Blawg (mit guten Links) und das praegnanz.de Blog.

The header here shows the problem: the German ß is only a lowercase letter, and when it appears in capitals, it is replaced by SS. So what happens when you use fonts that automatically convert into uppercase? Or small capitals? I didn’t think about this when I set up Movable Type to capitalize the headers, so I usually avoid ß in the heading.

Berlin Blawg has an entry on the gradual appearance of ß as a capital – without a vote, and without even a spelling reform commission.

Apparently the uppercase ß was recognized by the ISO for Unicode at the end of April. Good news for typeface designers.

The ß came from a ligature of two s’s and in my view it should be done away with altogether. Bring back the SS (oh no, we aren’t allowed to say that). But actually, the strongest argument for the uppercase ß is the fact that some people use it in their surnames, so it should be detectable in uppercase as well as lowercase, as Fontblog says:

b

Vor allem nach der Rechtschreibreform hat die Diskussion an Bedeutung gewonnen, weil das scharfe s nach kurzem Vokal generell weggefallen ist (daß/dass) und damit die Aussprache eindeutig definiert ist: das »Ruß« in Stefan Ruß-Mohl spricht sich auch versal gesetzt – RUSS-MOHL – immer noch »Ruhs« aus.

Here, from Wikipedia, is an uppercase ß on the title page of the 1957 Leipzig Duden.

Eszett_Leipziger_Duden_1957.png

LATER NOTE: I see Movable Type automatically converts ß to SS in the header. I don’t think it always did that. Indeed, the triple S was not permitted before the recent German spelling reform. OTOH my Movable Type is prehistoric.