Blogger on Radio Scotland

Tom Reynolds (not his real name) blogs his life with the London Ambulance Service (or whatever it’s called) in Random Acts of Reality. Yesterday he was interviewed on a Radio Scotland show about his blog, which has about 5,000 readers: a good interview about an addictive blog.

Tom’s entries on the radio show: before and after.
A link to the relevant part of the programme – this will expire next Monday when the programme is replaced online by the next one.

You can hear the presenter, Gary Robertson’s, Scottish accent and Tom’s London one very nicely at the beginning. And the villain Bob, surely an actor employed to criticize the blog, has an upper-class English accent (which doesn’t mean he isn’t Scottish born and bred – the public school set don’t usually have a Scots accent, or used not to). The other two speakers also sound English, but not so much like the Queen.

Monks break vow of silence to deny liability/Mönche brechen Schweigen

Die Zisterzienser-Mönche von der Insel Caldey vor der walisischen Küste schweigen meistens, doch haben sie ihr Schweigen unterbrochen (es ist in dringenden Fällen erlaubt) um sich in einem Rechtsstreit um ungerechtfertigte Entlassung zu verteidigen. (Ihr Online-Shop verkauft u.a. Lavendelwasser über Manufactum).

The monks of Caldey Island have broken their silence to defend themselves against an action for unfair dismissal (Independent article only available for payment; Telegraph; blogger’s visit).

bq. An order of Cistercian monks in a remote island community broke their vow of silence yesterday to deny claims that they had unfairly dismissed a couple who had worked for them for 22 years.

bq. One of the reasons that 60- year-old Andrew McHardy was sacked, they insisted, was that he had a drink problem. The monks said they were in an ideal position to know – two of them were former members of Alcoholics Anonymous.

Anonymous and silent? At all events, they make perfume and chocolate rather than alcohol.

bq. Under cross-examination from John Bradbury, a solicitor from the Haverfordwest Citizens’ Advice Bureau, Bro O’Brien agreed Mr and Mrs McHardy had not been given a written contract.

Presumably they didn’t even get an oral one.

But apparently it isn’t really a vow of silence, just a vow to speak only when necessary (this would probably amount to the same thing in my case).

Murder in Germersheim/Mord in Germersheim

Eine französische Diplomdolmetscherin ist angeblich in Germersheim ermordet worden, berichtet Richard Schneider im Nachrichtenportal beim Übersetzerportal:

bq. Eine in Germersheim (Rheinland-Pfalz) wohnende Diplom-Dolmetscherin ist am 03.01.2005 am späten Abend an der Bahnstrecke Germersheim – Bellheim in Höhe des verfallenen ehemaligen Bahnwärterhäuschens tot neben den Gleisen liegend gefunden worden. Der Oberkörper der 35-jährigen Französin wurde von einem Nahverkehrszug überrollt. Neben der Frau lag, ebenfalls tot, ihr Labrador-Hund.

Weiterer Bericht bei PfalzWoche.de.

Germersheim is a small town largely populated by students of translation and interpreting at the University of Mainz. A 35-year-old French interpreter was found dead by the railway lines there, but the police called in the murder squad as it appeared not to be a suicide. The main suspect is a 20-year-old sports trainer in Wilhelmshaven, with whom she lived for a time after she separated from her husband at the end of 2003. (Report by Richard Schneider at the Übersetzer-Portal)

Natsuo Kirino: Out/Die Umarmung des Todes

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By way of light (if slightly grim) relief, Natsuo Kirino’s wonderful crime novel called Die Umarmung des Todes in German (apparently translated into German earlier) and Out in English. Four women workers on the night shift at a lunchbox (bento) factory find themselves disposing of a body when one of them kills her husband. Almost totally convincing, whatever the summaries sound like, and gripping. Kirino has written many novels, but this appears to be the only one translated into German or English. (I see some of the German reviews call the boxed lunches Lunchpakete).

Deutsche Kritiken.
Japan Times article discussing translation of Japanese books into English.

What common law is

(Mainly British usage)

The term common law has several meanings, such as:

1. (in contrast to local law)

DEF The law common to the whole of England after 1066, as opposed tolocal law, which had existed before 1066 and continued to exist to some extent after 1066. This common law was the law made in the king’s courts, especially under Henry II (1154-1189), when judges were sent out around the country and imposed a single central system of law instead of the local systems and customs.

EG The common law was developed gradually over a period of time, beginning in 1066. Eventually it became a rigid system and ceased to develop to any great extent.

TR This could be translated as das gemeine Recht Englands, but be careful not to equate it to the gemeines Recht of the Continent.

This term is only used in connection with legal history; it explains the origin of the term (common means common to the whole country)

2. (in contrast to legislation)

DEF Law made by the decisions of judges, as opposed to legislation (statutes), which is law made by Parliament. This meaning arose because the law of England was often made by judges. A synonym is case law: much of English law is case law.

EG Murder is a common-law offence (its definition is contained in an old legal case report where the judge defined the offence of murder in the course of giving his opinion). Theft, on the other hand, is a statutory offence (it’s definition is laid down in a statute, the Theft Act 1978).

TR Can be translated as Rechtsprechung.

3. (in contrast to equity)

DEF The law developed by the old common law courts, mainly between the 12th and 14th centuries, as opposed to equity, a separate legal system which grew up later and was developed first by the Chancellor and later by the Court of Chancery).

EG The common law became so rigid that people used to apply to the Chancellor for a remedy. As a result, equity was developed. However, equity eventually became just as rigid as the common law.

EG At law trusts were not recognized, but in equity they were.

EG Legal and equitable remedies.

TR Can be translated as Common Law vs. Equity-Recht / Billigkeitsrecht. The term Billigkeitsrecht is used in German in this meaning of equity in English law, but be careful when translating into other languages: don’t assume that just because French has a word équité, it works here.

Note that law /legal sometimes refers to common law. Legal and equitable remedies – remedies is difficult to translate too, but perhaps Klagebegehren unter Common Law und Billigkeitsrecht. Traditionally, damages is the only common-law remedy and anyone who wins a case where damages are awarded has the right to those damages. Equitable remedies, such as specific performance (Leistung des vertraglich geschuldeten?) and injunctions, are at the discretion of the court. The translation of legal and equitable remedies is one of the oldest chestnuts for translation mailing lists and forums.

4. (in contrast to other legal systems)

DEF The law of England and Wales and all other legal systems based on it.

EG New York, England and Wales and Australia are all common-law countries.

EG Ireland has a common-law system and France a civil-law system.

TR This could be translated as angloamerikanisches Recht, contrasted with kontinentaleuropäisches Recht / römisches Recht (civil law).

For further notes read on: Continue reading