Murder and manslaughter/Mord und Totschlag

A query raised on a translators’ forum this week:

Strafgesetzbuch

§ 211 Mord
§ 212 Totschlag
§ 213 Minder schwerer Fall des Totschlags

Translation by Michael Bohlander on site of German Ministry of Justice:

Section 211 Murder under specific aggravating circumstances
Section 212 Murder
Section 213 Murder under mitigating circumstances

Earlier translation on that site, still available at German Law Archive:

Section 211 Murder
Section 212 Manslaughter
Section 213 Less serious case of manslaughter

Question: why does Bohlander do it that way?

Here’s his footnote from the printed version:

This translation is awkward but is due to the fact that German law knows of two forms of intentional killing. In German, they have different names, Mord 211 and Totschlag 212. The relationship between 211 and 212 is controversial. The courts view them as separate offences, whereas most academic commentary sees the one as a qualification of the other or vice versa. This translation therefore had to make a choice. It follows the predominant literature opinion that sees 212 as the basic offence and 211 as an aggravated form. This made a few additions to the text of both provisions necessary.

Most of us would automatically translate Mord as murder and Totschlag as manslaughter, because of the relative weight they carry. We would do this even in the knowledge that the distinctions between the various forms of criminal homicide in English, American and German law don’t always match up.

Looking at Bohlander’s explanation (and he can be relied on to know what he’s doing), maybe he could have used criminal homicide as the superordinate term.

Of course, a translation of a statute is not suitable for thoughtless terminology mining.

Bishop’s car stopped by police in London/Schon wieder ein Kleriker von der Polizei angehalten

Yes, it’s not exactly front-page news, because it happened in the year 2000, when police stopped the then Bishop of Stepney, John Sentamu, now Archbishop of York.

(Picture by Brokethebank from Wikipedia)

The Guardian reported that a police officer stopped and searched Sentamu’s car near St. Paul’s Cathedral, and he was made to get out and stand in the rain. The officer ordered him to open the boot. At the time, he was wearing a scarf and anorak.

“He asked me what I did, and I said ‘I’m the Bishop of Stepney’. He said ‘whoops’. I revealed my dog collar and he looked as if he’d just seen a ghost.”

Despite repeated requests, the officer would not justify his search to the bishop and had kept saying “off you go”.

The bishop said he did not know why he had been stopped, but added that he did not know of any white bishop who had been treated in such a way by the police.

Of course, he did not drive through a red light and had not been drinking, unlike Margot Käßmann (Spiegel Online in English).

I understand that her resignation is a loss to the church and so on, but I am finding the sycophantic TV news reports rather wearing. In fact, they seem to be interviewing people on the streets of Hannover in order possibly to get other opinions, without the newsreaders sullying themselves by saying anything negative. Does anyone know where she was celebrating and who persuaded her to have another glass?

Interview with Glaswegian interpreter/Interview mit Dolmetscher des Glasgow-Dialekts

Glasgow has appointed a Lancastrian, sorry, a man of Lanarkshire (that makes more sense) trained as an interpreter at Heriot-Watt University, as a Glaswegian-English interpreter. Here’s a video of an interview with him – at 2 min 45 sec he is tested, and the original text appears onscreen.

With over 500 applicants, 26-year-old Jonathan from Wishaw in Lanarkshire was delighted to take on the challenge of deciphering the city’s various twangs…and to get paid for doing it!

The MSc graduate in Translation and Conference Interpreting from Heriot Watt University in Edinburgh said: “There is a genuine need for Glaswegian interpreters.

(Tweeted by Nick Rosenthal)