The MDÜ, the journal of the BDÜ. always takes one special topic, and the issue 3/09 takes terminology and law.

I hope I’m not too rude about it in coming entries. I mean, I don’t know any translators’ periodical that has good graphics:

No need to comment on the laptop with no number keypad and no second monitor attached, or the attack by the large shiny paragraph sign. These covers aren’t supposed to mean anything, just to add a bit of colour and interest.

I’ve read the three title articles and will come back to them. They are:
Demands on legal translators – about the difficulties of legal translation in general
Legal language in Germany, Sweden and England
Terminology, law and justice in South Africa

I’ll turn first to Barbara Kochhan’s review of the volume in the series German Law Accessible (nomen ist omen): Employment and Labor Law in Germany, by Lingemann, Steinau-Steinrück and Mengel, 2nd ed., price 98 euros.

I am particularly interested in this because I translate a fair amount of employment and labour law. This is a problem area when one is translating for Britain and the USA, because their employment law differs so greatly.

I also have a similar volume that I got last year: Labour Law and Industrial Relations in Germany, by Manfred Weiss and Marlene Schmidt, 4th ed., Wolters Kluwer, price 55 pounds at that time. Originally published as a monograph in the International Encyclopaedia of Laws/Labour Law and Industrial Relations. This book is well organized. It has a reasonable English index, but a German one would be excellent, as it gives the German terms in brackets. It’s in good English, but it reads a bit heavily, like a rather close translation.

I have seen other books in the series German Law Accessible, but not this one. The one I have on Family & Succession Law is in somewhat non-native English and its main use would be to compare terminology suggestions. These books written first in German and expounding German law, then translated into English, may be of some use for those who don’t speak German. For me, a comparative approach would be more useful, but it would have to compare the situation with that in England and Wales, or at least with the USA.

The review briefly describes the field and the structure of the book (94 pages general, 486 pages synoptic presentation of various legislation. It is critical of the lack of detail about the translator, Bedene Greenspan (Google indicates she translates in-house for a big law firm in Berlin). It comments on inconsistencies in spelling and translation.

I don’t agree with the reviewer on all the translations into English. I do agree that to use service agreement for Anstellungsvertrag and then contract of service is not a good idea. I would avoid the terms service and services altogether, because they are confusing – and service agreement can have a completely different meaning too. Contract of employment seems better.

But when it comes to criticizing the reference to Aktiengesellschaft as company (‘Company lässt an die limited liability company denken, um die es ja hier gerade nicht geht’), I can’t see the problem. Or at least, apparently the book is mainly in American English, and then there really is a problem. One could say corporation in American English, true.

Apparently the term Scheinselbständigkeit (a freelance does so much work for one client that it is effectively employment) is translated as pseudo-independence. The reviewer suggests pretended self-employment and bogus self-employment. Well, this is a tough term to judge a book on. I dislike all suggestions! I even recorded a long note by Beate Lutzebaeck, who is usually very good, on ProZ, who says that sham and bogus imply intent on the part of the person (right) and prefers fictitious self-employment (but to me that also suggests a construction selected by the person). I would say ostensible self-employment is the way to go. But it’s out of the news now, fortunately.

The reviewer concludes that the book might be of use to translators and interpreters, but is probably better for its intended readers, international lawyers, accountants and so on.

Englischer Fußball: A German View of Our Beautiful Game is the English title of a book whose German title, when it appeared a couple of years ago, was Harder, better, faster, stronger: Die geheime Geschichte des englischen Fußballs

The author, Raphael Honigstein, studied law in London and is a football reporter, inter alia for the Guardian.

I don’t think I’ll get round to reading this, for lack of time (I did read Tim Parks on following Verona). Honigstein apparently links English football with the British class system.

I don’t know if translators were involved – probably unnamed ones, I suppose.

Review in today’s Observer:

He is rarely kind to the English in this curious book – first written by Honigstein, who was part-educated in London, for a German readership in 2006 – and he is often absurd (“Let us recall the Reverend Edward Thring and the Victorian fear of masturbation … “). But he offers a perspective on England’s football and its culture that is stimulating and rather fascinating in its peculiarity.

The review mentions two things that seem odd to me:

Thus vile tower blocks from the post-war era are called ‘courts’. Victorian ‘mansions’ are not villas on the edge of town but apartment blocks.”

Perhaps Honigstein hasn’t lived in Germany enough? There are plazas being built here, and areas of rough ground become parks. That is typical estate agents’ language, or language coined with selling/letting in mind.

But it is England, “the place where they codify everything, from human rights to cricket”, that is Honigstein’s subject for earnest translation.

‘The place where they codify everything’ somewhat contrasts with an article I just read in the MDÜ according to which all English law is ‘spoken law’. Of that, more anon.

But it’s always interesting to read others’ views of national character.

Article by Honigstein in German on German football players being introduced to English football rituals – for instance, when all new players for Chelsea had to stand on a chair and sing a song of their choice to the rest.

Interview with Ralph Honigstein in German

Views of two ends of this street in recent weeks. Replacing the cobbles

Mending the new pedestrian zone so fewer people in high heels come to grief (note plaque for famous Fürth person in foreground):

Meanwhile, the Oberbürgermeister has had the originally green ticket machine touched up in bronze and refurbished bronze rubbish bins and seats reinstalled, and this lighting is appearing everywhere, though not yet functional – note the huge length of cable on this one:

And here is what has to be done to conceal the cables:

Unfortunately, one of these lamps has been placed directly beneath and in front of the Hirsch Apotheke webcam. It can, today, be seen at the bottom of the picture, but when it is lit it may obscure a lot of the picture. Webcam.

The video ‘A Normal Day’ has been watched hundreds of thousands of times on YouTube.

The German TV program Galileo investigated whether it was faked or not (10-minute video).

The makers were two German students in Bad Ems. They really could carry out the tricks – sometimes after 30 or 40 attempts.

What I want to know is this: the intonation of the woman who describes the story in the program really really really irritates me and it is really really really common on German TV when they’re trying to tell you ‘this is funny’. You wouldn’t hear that intonation when they’re talking about the future of Opel or even the weather forecast. But there are lots of programs where they show trivial items.

When did this sort of intonation start – how do people learn it – is it used in other countries?

(Story tweeted by Jack Schofield (jackschofield – recommended for lots of good links).

It’s been widely reported today that the Federal Court of Justice has overturned the conviction of a man for possessing T-shirts with the words ‘Blood and Honour’ on them. However, the full decision is not online yet.

At all events, the case is being sent back for retrial, so possibly or even probably there will be a conviction.

Blut und Ehre is a slogan of the Hitler Youth. Blood and Honour is the literal English translation, and also the name of a skinhead/National Front organization whose German arm is banned.

The Gera Landgericht (Regional Court) convicted the defendant on the basis of § 86 a of the Criminal Code. Here is the original (from the press release) and Michael Bohlander’s translation (available online and in book form).

StGB § 86 a Verwenden von Kennzeichen verfassungswidriger Organisationen
(1) Mit Freiheitsstrafe bis zu drei Jahren oder mit Geldstrafe wird bestraft, wer
1. im Inland Kennzeichen einer der in § 86 Abs. 1 Nr. 1, 2 und 4 bezeichneten Parteien oder Vereinigungen verbreitet oder öffentlich, in einer Versammlung oder in von ihm verbreiteten Schriften…verwendet oder
2. Gegenstände, die derartige Kennzeichen darstellen oder enthalten, zur Verbreitung oder Verwendung im Inland oder Ausland in der in Nummer 1 bezeichneten Art und Weise herstellt, vorrätig hält, einführt oder ausführt.
(2) Kennzeichen im Sinne des Absatzes 1 sind namentlich Fahnen, Abzeichen, Uniformstücke, Parolen und Grußformen. Den in Satz 1 genannten Kennzeichen stehen solche gleich, die ihnen zum Verwechseln ähnlich sind.
(3) ….

Section 86a
Using symbols of unconstitutional organisations
(1) Whosoever
1.
domestically distributes or publicly uses, in a meeting or in written materials (section 11 (3)) disseminated by him, symbols of one of the parties or organisations indicated in section 86 (1) Nos 1, 2 and 4; or
2.
produces, stocks, imports or exports objects which depict or contain such symbols for distribution or use in Germany or abroad in a manner indicated in No 1,
shall be liable to imprisonment of not more than three years or a fine.
(2) Symbols within the meaning of subsection (1) above shall be in particular flags,insignia, uniforms and their parts, slogans and forms of greeting. Symbols which are so similar as to be mistaken for those named in the 1st sentence shall be equivalent to them.

(3) Section 86 (3) and (4) shall apply mutatis mutandis.

Aufgrund dieses Sachverhalts verurteilte das Landgericht Gera den Angeklagten wegen Verwendens von Kennzeichen verfassungswidriger Organisationen (§ 86 a StGB) zu einer Geldstrafe von 4200 Euro. Der u.a. für Staatsschutzstrafsachen zuständige 3. Strafsenat des Bundesgerichtshofs hat dieses Urteil aufgehoben und die Sache an das Landgericht zurückverwiesen.

It appears that the defendant is guilty of something, but the court thinks the wrong section was relied on: the translation of a slogan is something different from the slogan itself.

Press release of the court (German)

Blood and Honour (Wikipedia)

Charon QC (aka Mike Semple Pigott, I believe) has put a book and materials on contract law online, followed up with one on sale of goods, and one on intellectual property by Peter Groves.

All good stuff. Start with the IP, which is admirably brief.

I have decided to provide a FREE resource for those who are interested in this field. The Contract materials will be supplemented by a series of recorded lectures, and I plan to monitor the net for other free legal resources on Contract Law in England & Wales (Although I will include references to US, Scotland and Common Law jurisdictions where it is helpful to do so) – law reports, news items, article abstracts and the like… this is, inevitably, a work in progress. I have set up a blog (See header) for analysis, articles, news – and I shall start to post the latest cases on Contract and analysis very shortly.

John Bolch, of the Family Lore weblog, has recently escaped legal practice and has started a Family Law Wiki. It’s only just started but looks promising.

Links to these resources can be found in the left-hand column of the Insite Law Magazine.

Charon QC’s blog

Information at Insite Law on today (links omitted):

The Glorious Twelfth is usually used to refer to August 12 , the start of the shooting season for Red Grouse ( Lagopus lagopus scoticus ) and to a lesser extent the Ptarmigan ( Lagopus muta ) in the United Kingdom … perhaps not so glorious for the grouse though…