Vorbemerkung auf Deutsch: kennt jemand ein Wörterbuch (nur deutsch) oder Buch über das Aufsetzen von Gesetzesentwürfen, wo die Bedeutung von entsprechend und sinngemäß besprochen wird?
How to translate entsprechend or sinngemäß in German statutes.
I will approach this in a number of stages:
1 The short answer (my current opinion)
2. Background of the problem
3. The problem with accordingly
4. The meaning of entsprechend and sinngemäß in German legislation
5. The Eichmann trial
6. Bilingual legal dictionaries
1. The short answer
In BE, use with the necessary modifications
In AmE, possibly analogously.
|entsprechend, sinngemäß|with the necessary modifications BE|
||mutatis mutandis (archaic)|
||analogously AmE|
For support for this, read on!
Does anyone know any dictionary or book on drafting or reading statutes that discusses any of these terms in German or English? The opinion of a German draftsman would be welcome.
2. Background
This question has come up for the third time in the past year or so. The latest question was: can we use accordingly, which is common in BE statutes? I am very grateful to two anonymous Parliamentary draftsmen contacted via the Forensic Linguistics list and someone else who has been involved with drafting in the past.
Here are the main words/phrases involved in the discussion:
entsprechend
sinngemäß
mutatis mutandis
accordingly
with the necessary modifications
with the necessary changes
analogously
3. The problem with accordingly
Entsprechend can often be translated in general texts using accordingly or correspondingly. But its meaning is different in legal texts (mutatis mutandis see below for more details) and accordingly doesnt have that meaning.
However, accordingly is frequently used in British statutes. So I tried to find parliamentary draftsmen. I was lucky in that I had help and received three replies (forwarded on anonymously). Continue reading →