Showing posts with label jurisprudence. Show all posts
Showing posts with label jurisprudence. Show all posts

The Quest for Cosmic Justice Review

The Quest for Cosmic Justice
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The Quest for Cosmic Justice ReviewThis book is good, not great. And the people who would get the most out of this book are those who are most unlikely to read it. If you are already familiar with Sowell, or read Forbes or The Wall Street Journal on a regular basis, then you are already familiar with most of the ideas and concepts in this book. Nonetheless, the book makes for an interesting read. Sowell persuasively points out that many of those seeking "justice" (cosmic or otherwise) frequently don't give a darn about the costs and benefits of their current flavor of justice on society. Sowell provides many examples, and gloomy predictions, about what happens when the liberal elite impose their visions on the rest of us. As an attorney who just graduated from NYU Law School, I couldn't agree more with Sowell's comments regarding how the rule of law is systematically undermined by our nation's elite law schools. Once the rule of law is gone, you decide justice given the judge's present whims, which is awful close to monarchy---which the liberal elite unfortunately fail to recognize. I was taught nothing but contempt for precedent and the rule of law at NYU, I'd even go so far as to say that most of my professors seemed to feel you should just examine each case from the perspective of who you feel is "disadvantaged" and rule for them. After three years of that attempted brainwashing, Sowell's book is like climbing out of a dark cave and realizing light still exists.The Quest for Cosmic Justice Overview

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The Concept of Law (Clarendon Law Series) Review

The Concept of Law (Clarendon Law Series)
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The Concept of Law (Clarendon Law Series) ReviewOne of the most important books written in the field of jurisprudence and legal philosophy. A must-read for anyone who wants to talk intelligently about the topic. Each of Dr. Hart's chapters has been the springboard for entire areas of discussion since its publication, such as law as a system of rules, the separation of law and morality, etc. After you finish this book, read Prof. Dworkin's critique in "The Model of Rules," 35 Univ.Chi.L.Rev. 14 (1967) (excerpted in "The Philosophy of Law") and Prof. Dworkin's "Taking Rights Seriously" to see how Hart's theories have affect jurisprudential scholarship since the publication of this text in 1961. Again, if one had to select the top thinkers in the field, it's Austin, Hart, and Dworkin.The Concept of Law (Clarendon Law Series) Overview

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Diccionario jurídico español/inglés inglés/español: Dahl's Law Dictionary: an annotated legal dictionary, including authoritative definitions Review

Diccionario jurídico español/inglés inglés/español: Dahl's Law Dictionary: an annotated legal dictionary, including authoritative definitions
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Diccionario jurídico español/inglés inglés/español: Dahl's Law Dictionary: an annotated legal dictionary, including authoritative definitions ReviewThe advertising blurbs about this dictionary make it sound very promising indeed. It is "an annotated legal dictionary, including authoritative definitions from codes, case law, statutes, legal writing and legal opinions from attorneys general." Unfortunately, however, it shares many of the problems noted in Dahl's French legal dictionary. Like its French counterpart, the Spanish Dahl suffers from many instances of tortured translation. For example, under "cobro de lo indebido," we read: "If a thing is received when there was no right to claim it and which, through an error, has been unduly delivered, there arises an obligation to restore the same. A person, who in good faith should have accepted a payment of a certain and specified thing not due, shall only be liable for the impairment or loss of the latter and its accessories, in so far [sic] as he may have enriched himself by it." I would wager that most readers, even ones with legal training, would find that definition pretty hard to follow.
Lamentably, this sort of tortured writing is not limited to the Spanish-to-English section. On the English-to-Spanish side, under "insider trading," we find "En USA las computadoras del mercado de valores está diseñada para tratar de interceptar tales maniobras puesto que pueden provocar una catástrofe bursátil." Apparently someone was not paying very close attention to subject-verb agreement here, and completely forgot about the abbreviation "EE.UU." Here's an even worse example, under "substituted performance," which the book translates as "cumplimiento sustituto": Cuando sin culpa de ninguna de las partes las facilidades para atraque, carga o descarga de mercancías fallan o una clase pactada de porteador no puede utilizarse o la forma de entrega acordada se hace imposible desde un punto de vista comercial, pero se dispone de una sustitución razonable, dicha sustitución deberá ser ofrecida formalmente y aceptada. Si la forma o medios pactados de pago fallan por causa de reglamentos domésticos o extranjeros..." Obviously, the author has fallen into the trap of translating the English word "facilities" as "facilidades" and "domestic" as "doméstico." If he makes such basic translation errors as these, can we really rely on anything in his book?
In general, the author's approach is apparently to copy (and often poorly translate) passages from other books that refer to the terms in his dictionary. On the Spanish-to-English side, we find this under "habeas corpus": "In many countries the habeas corpus procedure has been broadened to provide protection not only against bodily restraint and arbitrary imprisonment, but also against violation of the various individual freedoms, such as worship, occupation, inviolability of the home, and so on. It has been used to offer possessory protection against government agencies. Brazil is one of the countries where the habeas corpus is the broadest. There are also more original and remarkably effective legal resorts. One of them, of Mexican origin, is the amparo, of which Mexican jurists are justly proud; the other is the Brazilian procedure mandato de segurança [sic]." I have several quarrels with this explanation: In the first place, "offering possessory protection against government agencies" is not clear English, and in the second place, Brazil is a Portuguese-speaking country whose legal institutions are not of immediate concern to translators of Spanish. On top of that, the Brazilian term is misspelled (it's mandado de segurança, with a "d," in Portuguese). Furthermore, this passage doesn't tell translators of legal Spanish what they need to know: "habeas corpus" goes by the name "exhibición personal" in the Central American countries; it is actually called "habeas corpus" in Peruvian law; the Latin term is not used in the legal Spanish of other Spanish-speaking countries.
The dictionary is replete with information that you don't need. Here's a splendid example: "Codificación visigótica. Visi-gothic codification." Under "habilitación para comparecer en juicio," you'll find that "legitimate children not emancipated when not authorized to appear in court by law, must be vested with power therefor by the father or by the mother, if under parental control." Not only is this a sloppily worded definition (how about "unemancipated legitimate children" instead of "legitimate children not emancipated"?), but it is also a fairly self-evident one.
And what of information that you really do need to know? For example, if you're a court interpreter and need to know the basic terminology of criminal procedure, will the Dahl help you? Here are some examples of what you'll find:
arraignment. Auto de procesamiento. But that's not right. An arraignment is not an order (auto).
indictment. Indiciamiento. That's not right either. To my knowledge, there is no Spanish-speaking jurisdiction where "indictment" is "indiciamiento."
plea bargain. Alegación preacordada. That's the term they use in Puerto Rico, but there is no indication in the Dahl that this is a Puerto Rican term.
probation. Libertad bajo fianza, libertad condicional. But the first term actually means "release on bail" (which is not probation), and the second means "parole" (everywhere but in Uruguay).
In short, this dictionary will be of little or no use to professional translators and interpreters (although it could have benefited from their input!). I would not buy it.Diccionario jurídico español/inglés inglés/español: Dahl's Law Dictionary: an annotated legal dictionary, including authoritative definitions Overview

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