Land and (federal) state

This is one of those thorny issues that stop me from writing up a guide to DE>EN legal translation. If you read to the end you will also realize that enough is enough.

Germany is divided into sixteen Länder, sometimes called Bundesländer. I think it is customary in US English to call them states or federal states. I have been heard to say that Germany is a federal state so its constituent parts can’t be, but I am feeling so confused now that I can’t remember if I believe that. In British English I think Land (plural Länder) is often used, sometimes in italics. The capital L marks it as foreign; the plural is a problem. But even here, I suspect that state is becoming the more common term.

The problem doesn’t end there, because these entities have different titles: Freistaat Bayern, Freistaat Sachsen, Freistaat Thüringen, and possibly Stadtstaat for Hamburg, Bremen and Berlin. I don’t really like to write Free State of Bavaria, but it’s often done.

There’s a wonderful illustration of the dreadful longwindedness and complexity of discussions on translation in the Talk section of the Wikipedia article on States of Germany. Do these sections get deleted? I assume not, but here’s a taster:

The article states right in the beginning “Germany is a federal republic made up of 16 states formally known in German as Bundesländer (“Federal States”; singular Bundesland), or more commonly, Länder (singular Land).”
As far as my information goes, that is actually totally incorrect. The term “Bundesländer” is used in common parlance, however legally speaking it does not even exist and is misleading and wrong actually. The sentence should be the other way around. I took a look into the Grundgesetz, Chapter II is titled “Der Bund und die Länder”, in the english version it says “The Federation and the Länder”. Chapter IV Der Bundesrat reads: “Durch den Bundesrat wirken die Länder bei der Gesetzgebung und Verwaltung des Bundes und in Angelegenheiten der Europäischen Union.” translated as “The Länder shall participate through the Bunderat in the legislation …etc.” Nowhere in the Grundgesetz does it ever talk of “Bundesländer”. The state-governments are also just called that, Landesregierung and not Bundeslandregierung. Of course the term Bundesländer is popularly used, however legally speaking it does not even exist and is factually wrong. Germany by its constitution is made up of the german states first, who got together to create a federation, the Bundesrepublik. Therefore anything that has to do with “Bund-” is only at the federal level, by its nature it cannot be at the state “Land” level. Therefore a word like Bundesland in itself is actually a contradiction.

It goes on.

The article itself refers inter alia to federated states. It prefers Länder (as I have to date) but gives as authority for this the use in the ‘official’ translation of the Basic Law (I tend to find none of the translations of the Basic Law totally satisfactory and have my doubts about ‘official’ translations) and in UK parliamentary proceedings, in this case qoting one debate in 1991.

Now, the EU English Style Guide recommends:

Land, Länder Translate as ‘federal state(s)’, adding ‘German’ if necessary for clarity, or leave the terms in German.

But here’s the list of suggestions that threw me, in the recommendations of the Auswärtiges Amt:

(Land) Baden-Württemberg
(Free State of) Bavaria
(Land) Berlin
(Land) Brandenburg
(Free Hanseatic City of) Bremen
(Free and Hanseatic City of) Hamburg
(Land) Hesse
(Land) Mecklenburg-Western Pomerania
(Land) Lower Saxony
(Land) North Rhine-Westphalia
(Land) Rhineland-Palatinate
(Land) Saarland
(Free State of) Saxony
(Land) Saxony-Anhalt
(Land) Schleswig-Holstein
(Free State of) Thuringia

This means that not only do they distinguish between Freistaat, Land etc., but they require an of after state and not after Land.

I discussed this with ITI colleagues and the agreement was that we say:
state of Saarland
Land of Saarland
putting of in both. But German institutions which follow the Auswärtiges Amt recommendations are going to distinguish grammatically.

I don’t like it, but it’s a little difficult to research since the term Land is not an English one. Wherever it’s used in English, non-native speakers are likely to be involved to a greater degree than with native English terms. But why, if you are writing English, would you write ‘city of …’ and ‘state of …’ but not ‘Land of …’?

Happy New Year/Alles Gute für 2013

Just before starting work again, here is what it looks like here in Fürth now:

I can’t help feeling that containers for Advent lights are being repurposed here.

This is what I saw on Saturday:

(Note the German indentation on the cushion in the shop window)

These are the Sternsinger – rather too many Three Kings. They did have real incense with them. I would have given them a donation after photographing them, but they were hastening off somewhere. According to Toytown Germany (link with picture), the “C + M + B” they chalk on the door means not “Caspar, Melchior und Balthasar”, but “Christus Mansionam Benedicat”. More in English in Wikipedia. I have never encountered the Three Kings Cake in Germany.

Meanwhile, a beaver has returned. It has been working on one tree only and I will have to see if it manages to fell it:

And finally, a photo showing what it looks like when rebuilding is about to take place and shops move out:

Lost luggage/Verlorenes Gepäck

I’ve just been to London for a week, flying Lufthansa from Nuremberg with a change in Frankfurt. In both directions, my suitcase (checked-in baggage) did not make it. On the first journey, I was told the stopover in Frankfurt had been too short. The suitcase was delivered the next afternoon, about 24 hours after arrival. On the return journey, the suitcase was totally mislaid. I was told the label had torn off. It was delivered less than 48 hours later.

Advice for future trips: if you talk to Lufthansa staff in German, check how they translate what you say into English. Ein roter Band auf den Griff geklebt/ein roter Klebeband is not a red ribbon (eine rote Schleife). I did get them to change it to red tape, but that was only after I saw it online the next day.

It was also a pain walking 25 minutes to the next terminal to buy a toothbrush in London. I was told there were no shops where I landed.

One good thing at Heathrow:

Not only is my iPod being charged, but it has continental sockets on one side and UK sockets on the other.

How do you get to ride those carts at Frankfurt? It seems I am always attempting to run through the airport to catch the connecting flight, but I saw some Chinese people using one of those carts and was very envious.

Blasentee

I tried some Husten- und Bronchialtee recently when I had a cold, but it didn’t seem to help, perhaps because I didn’t believe in it enough. Tee (tea) has a wide meaning in German and most of these teas sound like the condition they are supposed to avert. As one of the tweets quoted by Bettina says, Blasentee (bladder tea, diuretic tea) is not the same as bubble tea.

Court interpreters as spies/Gerichtsdolmetscher als Spione

1. Werner Siebers, the criminal defence lawyer, reports in his blog that the public prosecutor’s department in Kassel wants to prescribe what court interpreter he uses on a first visit to a potential client in prison. He is concerned that the public prosecutors may be using an interpreter to report back to them on conversations between defendant and defence counsel.

Wenn ein Dolmetscher vereidigt ist, werde ich ganz sicher nicht zulassen, dass mir die Staatsanwaltschaft dazwischenfunkt. So verkniffen, wie die Staatsanwaltschaft die Sache angeht, werde ich das jetzt auch sehen.

Die wollen vielleicht einen Dolmetscher “einschleusen”, der dann brühwarm berichtet, was mir der Beschuldigte erzählt hat. Das fehlt mir noch.

2. Carsten Hoenig takes up the topic in Verraeter-Dolmetscher (excuse English keyboard). He comments that some interpreters may be prepared to act as the prosecution’s ears, but this is rare. But he reports on a situation he experienced. There were five defendants in a case, all speakers of a rare language, and each by law should be represented by a different interpreter. On the way to prison, the interpreter said he’d already interpreted for two of the other Ds and had been there at the first police questioning. Hoenig then did not question the D on important matters. On the way back, the interpreter reported numerous details of the private conversations with the other defendants – perhaps not dangerous in this case, but all the defense counsel decided not to use this interpreter again.

Auf dem Rückweg aus dem Besuchertrakt der Untersuchungshaftanstalt berichtete mir der Dolmetscher freimütig einige Details aus den Gesprächen der anderen Verteidiger mit ihren jeweiligen Mandanten. Es war nicht Wildes dabei; aber allein der Umstand, daß der Dolmetscher überhaupt solche Geheimnisse mit Dritten – also mit mir – teilte, war für mich – und dann auch für die Berliner Strafverteidiger – Anlaß genug, uns für die weiteren Mandanten-Gespräche nach anderen professionell arbeitenden Dolmetschern umzuschauen.

Hoenig adds an account to show that nearly all interpreters are reliable.

3. Here’s a report from Austria – in German – on a situation similar to the ALS problem in the UK: Dolmetsch-Misere in Traiskirchen (thanks to Brigitte for that).