Rantzen

It’s OK to be negative about Esther Rantzen, but the comments ought not to do an injustice to the German language:

Please stand for Parliament. Please. I cannot think of a better candidate to beat a worse one. In German, her name means “to talk to others in a patronising manner” as in the phrase “Ich rantze wie dieses herablassende Weibchen Esther Rantzen”.
Lt.-Cnl. Kojak Slaphead III | 05.20.09 – 6:20 am

Privy Council

I haven’t got far with my introduction to English law, but looking ahead, when (if) I get round to the courts, one court of interest is the Judicial Committee of the Privy Council. It’s easy to start looking at this one in isolation. Frances Gibb has an article in the Times headed Does anyone understand what the Privy Council does? which is a good starting point.

Of course, I don’t understand what the Privy Council does, and never have done. What I know a bit about is the Judicial Committee of the Privy Council. The Privy Council is one thing, its court another. The same goes for the House of Lords – a chamber of parliament, but containing within it a court, the Judicial Committee of the House of Lords. It gets confusing when the long name of the court is abbreviated.

So, the Privy Council is a bunch of people whose predecessors once advised the monarch in what I tend to call the Middle Ages. In German it could be called Kronrat. I should think in those days it was clearer who was a member, but nowadays it’s a mystery not just to me. It isn’t a full-time occupation in itself. I liked the quote referring to it only occasionally emerging from the ‘constitutional fog’.

Before I get down to the Judicial Committee, I recommend further reading on what the Privy Council is for those who like obscure knowledge.

Who are Privy Counsellors? Currently there are more than 540, mostly senior politicians who were once MPs. As with a gentlemen’s club or secret society, members swear allegiance to the Queen and to “assist and defend…against all Foreign Princes”.

One thing I don’t think the article mentions is that members of the Privy Council can be recognised by their title – some of them call themselves ‘Right Honorable’, unless they have a superior title. (Note the spelling of Privy Counsellor – I admit that was new to me).

Turning to the court, the Judicial Committee of the Privy Council is a relic of the British Empire. It used to be the highest court of appeal for all colonies. It still acts as a court of appeal for the (few) remaining colonies), and some Commonwealth countries have chosen to retain it as their final court of appeal.

(T’he Commonwealth is a voluntary association of independent states that used to be colonies).

Its members are the same judges, appointed lords, who constitute the Judicial Committee of the House of Lords, plus occasionally one or two judges from whatever jurisdiction the case is about.

It acts as the final court of appeal for many former colonies and UK overseas territories, mainly in the Caribbean but also including appeals from the Channel Islands and Isle of Man, Admiralty appeals from the Cinque Ports, and disciplinary appeals involving doctors and dentists as well as some appeals from ecclesiastical courts.

Since 1998 it has also had power to rule on constitutional appeals arising over devolved powers to Scotland and Wales.

In recent years its overseas jurisdiction has reduced as successive countries have cut off the Privy Council as a court of final appeal: Canada, India, Sri Lanka, African nations, Singapore and, most recently, Hong Kong and New Zealand have all withdrawn.

In all it handles about 55 to 65 Commonwealth and devolution appeals a year, appeals nominally to the Queen as head of state. The judges, notes Mr O’Connor, do not make decisions like other courts; they “humbly advise Her Majesty” whether to grant a petition to the appellant. But the Queen can also refer to it any matter that she wants to. In effect, he says, it is “an embryonic, but unused, constitutional court”.

It’s curious that the court can find itself making decisions on the death penalty, which is not part of English law, or on written constitutions, which the UK does not have.

IEL 4: English law/Englisches Recht

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

This is the fourth in an occasional (very occasional) series of updates of my teaching material.

All entries have the tag IEL (introduction to English law – for translators).

This is intended to be a ‘bare bones’ introduction, and there is a conflict between simplicity and accuracy.

The topic is the meaning of English law. I am avoiding the term common law, which has even more meanings and is the topic for the next entry.

1. First of all, when did it start?

The easiest answer is: some time after 1066, when William the Conqueror laid claim to the whole of England as the successor to the crown. Under his successors, the legal system intended for the whole of England spread out over most of the British Isles (but not Scotland – Scots (or Scottish) law developed separately and is quite different from English law).

(1066 is both too late – there was no clean break from pre-1066 law – and too early – the centralized system of law did not really bite until into the 12th century.)

Before 1066 there were local courts, from which the local barons earned money. They continued after 1066 but gradually became less important. From 1066 on, William I introduced a central system of courts in London, with jurisdiction over the whole country. Through travelling judges, it spread out to the provinces. But the main work of developing the law was done after William I.

2. Today, English law means the law of England and Wales. The UK has one parliament, but three legal systems: for England and Wales; Northern Ireland; and Scotland. The House of Lords is the highest civil (not criminal) court of appeal for England, Scotland and Northern Ireland. Some Acts passed in Westminster apply to Scotland too, some apply in part to Scotland, some apply to Scotland only. On top of that, Scotland has its own parliament now, and some domestic Scottish matters have been devolved to it (education, health, agriculture and justice). Lawyers qualify in one of the three jurisdictions.

English law was exported to colonies and became the basis of the legal system in nearly all of the USA (not Louisiana), Canada (not Quebec), Australia and so on. It is also the basis of law in the Republic of Ireland. The law of most US states is based on the law of England up to the 18th century. US lawyers still study old English cases, and even cases decided after 1776.

English law has been developing for a period of over 1,000 years. It has evolved gradually, especially through the decisions of judges. There has never been codification, although some statutes have codified smaller areas of law (for example, Sale of Goods Act 1893/1979).

Blaise/Blasius

Blessing of the throats on St. Blaise’s day, February 3, at St. Etheldreda’s in London (probably the only pre-Reformation church in England restored to Catholicism). St. Etheldreda is the patron saint of throat complaints. I haven’t actually got a sore throat, but perhaps this is why:

Blessing of the Throats, London
Though not strictly a folk custom, the annual Blessing of the Throats service at London’s St Etheldreda’s church in Ely Place is quirky enough to figure in any list of strange British customs.
St Etheldreda’s is the second oldest Catholic church in England, returned to Catholic use in the 19th century. It is here that on February 3, St Blaise’s day, a ceremony is held to ask for that saint’s help in treating those with throat problems. Blaise, a 4th century doctor in Armenia who became bishop of his home city Sebaste, saved the life of a small child with a fish bone stuck in his throat as the saint was being led off to be tortured for his faith.

Meanwhile, in Wolfsburg:

Blasius-Segen gegen Halserkrankung, wird erteilt am Dienstag, 3. Februar, um 18 Uhr. (St. Christophorus)

Wikipedia says Etheldreda’s real name was Æthelthryth.

(Via Baroque in Hackney)

Before decimal currency – Dickens translation/Probleme vor der Dezimalwährung

Charles Dickens, David Copperfield, chapter 12, Mr Micawber:

Annual income twenty pounds, annual expenditure nineteen nineteen six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds ought and six, result misery.

Fürther Nachrichten, and possibly the German translation of Dickens – this comment on the financial crisis puzzled me in the daily paper:

Jährliches Einkommen zwanzig Pfund, jährliche Ausgaben neunzehn Pfund und sechs Schillinge, Resultat Glück. Jährliches Einkommen zwanzig Pfund, jährliche Ausgaben zwanzig Pfund und sechs Schillinge, Resultat Elend.

No, Projekt Gutenberg has a better translation – presumably done before 1971 – the foreword is dated March 1909:

Jährliches Einkommen 20 Pfund. Jährliche Ausgabe 19 Pfund 19 Schilling 6 Pence. Fazit: Wohlstand. Jährliches Einkommen 20 Pfund. Jährliche Ausgabe 20 Pfund und 6 Pence. Fazit: Dürftigkeit.

Washing your hands without mixer taps/Wie machen es die Engländer?

an old discussion on wer-weiss-was about the British and mixer taps (actually in this case a former Commonwealth country).

War jetzt zum wiederholten mal in einem ehemaligen Commonwealth-Land und hab mich wie immer gewundert:
Wie waschen die sich die Hände?
In der einen Ecke des Waschbeckens gibt es einen Brüh-Heißen Wasserhahn in der anderen Ecke einen Eis-kalten.
Gibt es irgendeinen Trick?
Und nur mal theoretisch ist EIN Wasserhahn (mit Mischregler) nicht billiger und einfachere/schneller einzubauen als ZWEI?

An Englishman replies:

but if having a good wash, then you put the stop in the sink and put hot and cold into the basin until temperature is ok for you

The Germans may not have thought of that one.

It’s one of those topics that heats national prejudices.

I ask myself: how long have the Germans had mixer taps? Were they introduced together with the autobahn?
I remember how impressed my brothers were when I was living in a ramshackle building in Germany with other students, and the fuse went. The fuse was a large round plug half the size of a rolling pin, and all you had to do was unplug some electrical device and push the fuse back in. They had been expecting work with a screwdriver. But I think that fuse system had existed since the early 1900s at least.

This follows a mailing-list discussion on u-forum about a use of the word spigot in British English and how to translate it into German.