Weasels have their name blackened

At Marder she wrote, Martin Crellin confirms what I originally suspected – the animal that shut down the Large Hadron Collider was not a weasel (Wiesel) but a beech or stone marten (Steinmarder).
I must admit that I began to research the story when I read the report, but the only German versions I read did (incorrectly) say Wiesel.
And this is not the pine marten found in the British Isles, but another one, well known for chewing through car cables but apparently not eating them. I remember on the drive back to Fürth from Vienna we once had to abandon the car at Regensburg after flames came out of the bonnet, later detected as marten damage.

ITI problems

The ITI retirement issue story is set out at The ongoing ITI retirement/resignation saga on Lisa Simpson’s blog – many thanks to Lisa for hosting this matter.

The post contains a letter which ITI members including myself sent to the ITI Bulletin but which was not permitted to be published.

My problem with this is not that I want to retire yet myself, but the way others are being treated if they do, and the fact that the letter was not published. The retired category does not permit any paid translation work at all, in this age where people expect to work after retirement. As for those who leave, who include founding members (the ITI was founded 30 years ago), they are asked to return their certificates.

See also the post at Herbert Eppel’s blog.

Complete poems of Du Fu published in translation

Steve Owen has translated the complete poems of Du Fu (1400-odd) and they are published together with the original Chinese, the Harvard Gazette reports: Translating Nine Pounds of Poetry.

What’s more, the complete work is available in an open access version free online in PDFs.

As Du Fu might have written if he’d been writing English:

Meng of the Granaries Section Comes on Foot to Give This Old Man Full Pots of New Ale and Bean Sauce

Chu shores gave passage to autumn clogs,
as my folding chair faced the evening fields.
Having strained the lees, you separated the liquid from the dregs,
the pot of bean sauce spills over as you carry it.
One will add fragrant flavor when I dine on coarse meal,
as for the other, when friends come we will get drunk.
How can one avoid ordinary things in managing life? —
please tell my rustic wife how to make these.

Saitenwürschtle at Daimler: insult or slander?

There was a row between Daimler shareholders at the AGM buffet, because one of them was packing a doggie bag of frankfurters, which have more names than I realized, and the Stuttgart one is Saitenwürschtle, Saite being their skin. This was in Berlin, where perhaps there was fear of missing out on the sausages. There were 5500 shareholders present, and 12500 frankfurters had been ordered.

Wikimedia image:
120px-Wiener_Wuerstchen_fcm

Ein Aktionär habe mehrfach Würstchen vom Büfett zum Mitnehmen eingepackt, sagte die Sprecherin. Eine andere Anteilseignerin habe ihn darauf angesprochen – dies habe zu einem verbalen Schlagabtausch geführt. Um die Lage zu entspannen, habe man die Polizei gerufen. Die Aktionärin habe eine Anzeige wegen Beleidigung erstattet.

It seems that the gentleman helping himself insulted the lady who objected, since she is charging him with Beleidigung.

This story has been widely reported in the British press too. The Guardian:

The row broke out when one man repeatedly went to the buffet and began wrapping up several sausages to take home, whereupon a female shareholder intervened to tick him off, resulting in a shouting match and the police being called.

Answering shareholder questions at the meeting, Daimler board chairman Manfred Bischoff said: “We had to call the police to settle the matter.”

A Daimler spokeswoman said it was a verbal altercation and the police were called to calm matters – because the female shareholder wanted to file a complaint for slander, and did so.

They call Beleidigung slander, but more information is needed. A big legal translation problem!

Internet resources for English law

At the very bottom of the homepage of this blog, there are links on English law, including Delia Venables‘ site.

Note also the Internet Newsletter for Lawyers, edited by Nick Holmes and Delia Venables. (I’m not sure I realized this had a website). Both Delia Venables and Nick Holmes can be followed on Twitter, and Delia yesterday tweeted links to two articles by her:
Free case law resources online
Free current awareness legal resources
For example, there is Current Awareness from the Inner Temple Library, and Halsbury’s Law Exchange:

Halsbury’s Law Exchange is a legal think tank, hosted by LexisNexis. It aims to communicate ideas on reform or legal direction to decision makers and the legal sector and promote debate through papers, reports, events and media pieces.

Current awareness is obviously a thing.

An article by David Allan Green (who blogs as Jack of Kent) in the Solicitors Journal on The revival of legal blogging, in which he points out how many barristers blog, and how few solicitors.

A new resource to me is Lawbore, a resource site for law students created and maintained by Emily Allbon, who is a lecturer at the City Law School, City University, London. She writes about it in Lawbore: legal education made fun. One item on Lawbore is a guide to reading a law report: Anatomy of a Law Report:

Paul Magrath talks us through Hunter v Canary Wharf Ltd [1997] AC 655 providing us with pointers throughout. We also have a copy of the case in full, with no audio.

There’s also a guide to blogging lawyers.

Rape yellow/Rapsgelb

Aldi scraps name of ‘rape yellow’ paint after complaints from sexual assault victim

rape yellow
Only in England? It’s rather shocking to read that Aldi has changed the name rape yellow on its paint to rapeseed yellow after a complaint from a customer who had been sexually assaulted.

Apparently the plant is known as rape or rapeseed, that is, the word rapeseed can refer to the whole plant. I am sure the yellow is the yellow of the flowers, not the seeds, as some papers seem to think. It’s also known as oilseed rape and canola.

The name “canola” was chosen by the board of the Rapeseed Association of Canada in the 1970s. The “Can” part stands for Canada and “ola” refers to oil.[5][6] However, a number of sources, including The Free Dictionary, continue to claim it stands for “Can(ada)+o(il)+l(ow)+a(cid). The name was coined partially to euphemize the name of rapeseed oil, to avoid the negative connotations of rape as a violent sex crime, from the Latin “rapere”.

But the standard name is either rape yellow or rapeseed yellow, see RAL 1021 here.

A Wikipedia site seems to be mainly German, because it says of light ivory ‘Mandatory for taxis in Germany since 1971, although in limited states only in recent years’ and broom yellow: ‘Deutsche Bundespost since 1980, since 1998 Deutsche Post AG’. And for what it calls rapeseed yellow: ‘Österreichische Post, Deutsche Bundespost 1972–1980, Gold in the Flag of Germany’.

This reminded me of the paediatrician/paedophile story, but apparently that was a myth.

Well, it’s hard to forget something that never happened. There was no attack on a paediatrician in Portsmouth. As is frequently the case when relatively minor events are turned into massive morality tales, the facts of what happened 10 years ago are continually twisted – in Gwent, people! – it was not carried out by the ‘populace’ but probably by a small group of teenagers.

Ein normenverdeutlichendes Gespräch

A colleague was wondering about the translation into English of the term ein normenverdeutlichendes Gespräch (literally, a conversation clarifying the law). He found it in this lovely Hamburg police report of two days ago:

Hamburg (ots) – Zeit: 24.03.2016, 23:36 Uhr Ort: Hamburg-Meiendorf, Hellmesberger Weg

In der Zentralen Erstaufnahmeeinrichtung in Hamburg-Meiendorf kam es zu einem Streit unter Bewohnern. Der Hintergrund hierzu ist unklar. Es versammelten sich ca. 20 Bewohner der Unterkunft und stachelten sich gegenseitig an, so dass aufgrund der aggressiven Stimmung das Wachpersonal die Polizei verständigte. 10 Funkstreifenwagen fuhren zum Einsatzort. Als ein Rädelsführer konnte ein 28-jähriger Mann (Nationalität ungeklärt) vor Ort von den Beamten ermittelt werden. Die Beamten konnten den Streit schlichten und führten mit dem 28-Jährigen ein normenverdeutlichendes Gespräch durch.

First of all we need to find out what it means in English. We have here a situation involving about twenty migrants (also known as refugees) who were causing a rumpus and their ringleader (!) – nationality unknown, but presumably not German – was obviously told by the police, who arrived with ten radio patrol cars, to behave himself, in that it was explained to him that what he was doing could be prosecuted as a criminal offence but they were letting him off for the time being.

It looks as if a more technical term, Normenverdeutlichung, has been borrowed because it sounds so wonderfully official.

A similar usage is quoted by Birgit Grossmann in her Doku-Hotline blog:

Polizeisprecher Ronald Walther: „Nach einem normenverdeutlichenden Gespräch haben wir die beiden ihren Eltern übergeben.“

She doesn’t spend much time on it, though:

Seit ca. 1998 scheint es diese Wortschöpfung zu geben, in den Duden hat sie es allerdings noch nicht geschafft. Kann nur noch wenige Jahrzehnte dauern – oder wir warten auf das nächste Modewort zur Jugendproblematik.

My feeling was that this is a specifically German term from criminology or sociology and we need to find a German definition. However, it seems that norm clarification is an English term connected with restorative justice and Normenverdeutlichung is a translation of that. The German term, however, seems to crop up in connection with action before any charge or arrest, avoiding punishment (as in the example from Hamburg), not with action after an offence. At the moment that’s as far as I’ve got with it.

Here is one of the several English ghits for norm clarification. It appears to have a different meaning from the German:

Exercises in norm clarification and elaboration can benefit from the standard-setting fundamentals set out in General Assembly resolution 41/120: the results should, inter alia, ‘(a) be consistent with the existing body of international human rights law’; ‘(b) be of fundamental character and derive from the inherent dignity and worth of the human person’; ‘(c) be sufficiently precise to give rise to identifiable and practicable rights and obligations’.

One ghit is a PDF file of Strategien der Gewaltprävention im Jugendkriminalrecht by Horst Viehmann, which interestingly has a translation into English as Strategies of Violence Prevention within the German Framework of Juvenile Criminal Law

Here’s an extract:

Das Jugendkriminalrecht ist ein präventiv ausgerichtetes Recht. Nicht die Bestrafung der Täterinnen und Täter ist Intention und Aufgabe, sondern die zukünftige straffreie Bewährung der Verurteilten. Sie sollen nicht wieder straffällig werden, nachdem sie einmal mit dem Gesetz in Konflikt geraten sind. Sinn und Ziel ist die sogenannte Spezialprävention. Das künftige Verhalten der jungen Menschen soll konstruktiv beeinflusst werden. Sie sollen Einsicht in die Schädlichkeit oder Verwerflichkeit des vorangegangenen Handelns gewinnen und daraus Resistenz vor Rückfälligkeit erlangen. Und sie sollen in die Lage versetzt werden, das Leben künftig ohne Straftaten zu gestalten. Für den großen Anteil der ubiquitären (weit verbreiteten) und der episodenhaften (vorübergehenden) Kriminalität junger Menschen genügt das Signal: Das Handeln wird nicht geduldet, es ist bei Strafe verboten (in der Fachsprache: Normverdeutlichung). Einsicht, Befähigung zur Gestaltung eines straffreien Lebens und Normverdeutlichung sind – vereinfacht gesagt – die Ziele aller jugendstrafrechtlichen Reaktionen und Interventionen. Zwar gibt es auch ein repressives Element mit Sicherungsfunktion, aber es ist eine Ausnahmeregelung, und es ist im Ergebnis ebenfalls auf die Legalbewährung hin orientiert: Die Jugendstrafe wegen schwerer Schuld – aber auch hier ist die erzieherische Perspektive zu berücksichtigen.

and here the translation:

Juvenile criminal law is preventively conceived law; its design purpose and its responsibility in practice are not to ensure that offenders are punished, but rather that those convicted should subsequently show themselves capable of living within the law. The aim is that following their first clash with the law they should not go on to commit further offences. The rationale and purpose amount to what is called “special prevention”: the future behaviour of the young persons concerned is supposed to be influenced for the better. They are supposed to gain an understanding of the harmful or reprehensible nature of their earlier conduct, thereby acquiring a degree of resistance to recidivism. And they are supposed to be put in a position enabling them to live from then on without re-offending. For most of the ubiquitous or episodic criminality on the part of young people, the clear warning suffices: this particular behaviour will not be tolerated, it is forbidden and will be punished (the technical term here is “norm clarification”). Insight, enablement to live an offence-free life, and norm clarification are – to put it in simple terms – the objectives of all reactions and interventions under juvenile penal law. There is admittedly also a repressive element, as a safeguard; but that is a provision for exceptional circumstances, and in terms of results is likewise aimed at subsequent good con-duct: detention in a young offenders institution follows on a serious offence – but here too due attention must be paid to the educational aspect.

The translation is by an outfit called Textworks Translations. It is a close reading of the German and a bit heavy, and actually rather similar to what I would do myself in a legal translation done for information purposes where I myself am never fully familiar with the research in the area. Textworks Translations are academics who translate academic texts for academics, they say (Von Wissenschaftlern für Wissenschaftler). Anja Löbert and Dr. Timothy Wise are named (author of the soon-to-appear volume Wise, T 2016, Yodeling and Meaning in American Music, University Press of Mississippi, Jackson, Mississippi, USA.)

My comments on the translation: Spezialprävention can be translated not only as special prevention but also as specific deterrence – perhaps worth considering. I would probably avoid supposed to for sollen: it always reads to me as if it meant ‘they ought to be but they aren’t’. And the educational aspect at the end reminded me that Geoffrey Perrin recommended educative in the context of juvenile criminal law, because it has nothing to do with formal, organized education (Bildung).

(But at a later point the translation does use educative: ‘The Act’s core principle is its educative intent. This educative principle is not defined expressis verbis in the text, but is frequently and variously alluded to, as well as being implicit in the actual provisions.’)

And that reminded me that before I moved this blog to WordPress I had a number of still really useful articles by Geoffrey Perrin on my site which he kindly let me use. And I must put them on this site – look out for a post.

With thanks to the colleague, who knows who he is.