Glossary entry (derived from question below)
German term or phrase:
Rücktritt
English translation:
abstention
Added to glossary by
Rebecca Garber
Nov 17, 2010 18:32
13 yrs ago
11 viewers *
German term
Rücktritt
German to English
Art/Literary
Law (general)
modern criminal law compared with Roman
This comes from a text in which the author examines an important historical trial, and often ends the chapter with a comparable modern situation.
In this case, the Roman situation is the practice of pardoning repentants, who turned from Christianity back to traditional pagan practices. The sentence in question is the second. I have skipped the historical section on 11-14th C Spain and Protugal. The sentence prior to my problem concerns 13th century Portugal, so it doesn't seem that applicaple.
Die Begnadigung schlicht Reuiger, bei gemeinen Verbrechen ebenso unanwendbar, blieb noch länger in Kraft. ... Vergleichbar heute ist weniger der **Rücktritt** vom Versuch eines Verbrechens durch tätige Reue, da diese nur bei lediglich versuchten Verbrechen entlastet. Eine bessere Parallele ist die Strafaussetzung zur Bewährung, die freilich von vornherein nur bedingt ausgesprochen und bei Rückfall widerrufen wird; dann wird die alte Strafe doch vollstreckt und es kommt eine weitere, wegen der Rückfalltat.
So far I have:
The pardoning of simple repentant offenders, likewise inapplicable for common criminals, retained its power for a longer period. ... A less applicable parallel can be found in the person who was about to commit a crime, which he or she had planned in advance, but suddenly refused to carry out due to active remorse. Yet this exonerates only in cases of attempted offenses. A closer parallel [to Pliny’s practice of pardoning repentant Christians] is the suspension of a sentence through probation, which, admittedly, can only be conditionally imposed, meaning that the pardon is revoked in the case of recidivism. In the latter case (that is, if the repentant offends again), the original punishment is imposed, as well as a more severe penalty due to relapsing
Because of the nature of the text and the audience, it is more important that the sense of the original be preserved than that the translation be as literally as close to the original as possible.
tia/vDiV
In this case, the Roman situation is the practice of pardoning repentants, who turned from Christianity back to traditional pagan practices. The sentence in question is the second. I have skipped the historical section on 11-14th C Spain and Protugal. The sentence prior to my problem concerns 13th century Portugal, so it doesn't seem that applicaple.
Die Begnadigung schlicht Reuiger, bei gemeinen Verbrechen ebenso unanwendbar, blieb noch länger in Kraft. ... Vergleichbar heute ist weniger der **Rücktritt** vom Versuch eines Verbrechens durch tätige Reue, da diese nur bei lediglich versuchten Verbrechen entlastet. Eine bessere Parallele ist die Strafaussetzung zur Bewährung, die freilich von vornherein nur bedingt ausgesprochen und bei Rückfall widerrufen wird; dann wird die alte Strafe doch vollstreckt und es kommt eine weitere, wegen der Rückfalltat.
So far I have:
The pardoning of simple repentant offenders, likewise inapplicable for common criminals, retained its power for a longer period. ... A less applicable parallel can be found in the person who was about to commit a crime, which he or she had planned in advance, but suddenly refused to carry out due to active remorse. Yet this exonerates only in cases of attempted offenses. A closer parallel [to Pliny’s practice of pardoning repentant Christians] is the suspension of a sentence through probation, which, admittedly, can only be conditionally imposed, meaning that the pardon is revoked in the case of recidivism. In the latter case (that is, if the repentant offends again), the original punishment is imposed, as well as a more severe penalty due to relapsing
Because of the nature of the text and the audience, it is more important that the sense of the original be preserved than that the translation be as literally as close to the original as possible.
tia/vDiV
Proposed translations
(English)
4 | abstention | Lancashireman |
4 | abandonment | swisstell |
3 +1 | retreat | Erich Friese |
4 | abandonment and disavowal | Thomas Roberts |
3 | desistance | Johanna Timm, PhD |
Proposed translations
59 mins
Selected
abstention
If we look for a parallel in our own time, then abstention from the commission of a crime because of genuine remorse does not quite fit the bill, since this is a mitigating factor only if the crime does not go beyond the preparatory stage. A better parallel is presented by…
http://tinyurl.com/2wajhqj
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Note added at 1 hr (2010-11-17 19:38:44 GMT)
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A more colloquial term might be 'backing out of'
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Note added at 6 hrs (2010-11-18 01:20:57 GMT)
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And on the subject of plundering the thesaurus, it's probably worth posting the gerund form 'refraining from' as well. 'Refrention from' would be nice, if only it were available as an abstract noun...
http://tinyurl.com/2wajhqj
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Note added at 1 hr (2010-11-17 19:38:44 GMT)
--------------------------------------------------
A more colloquial term might be 'backing out of'
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Note added at 6 hrs (2010-11-18 01:20:57 GMT)
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And on the subject of plundering the thesaurus, it's probably worth posting the gerund form 'refraining from' as well. 'Refrention from' would be nice, if only it were available as an abstract noun...
4 KudoZ points awarded for this answer.
Comment: "Thank you to all who submitted responses. They were all helpful as I dealt with the paragraph in question.
I also agree with Andrew that Refention from would be the most appropriate answer, were it only an actual word.
Thank you all again."
36 mins
abandonment
my take in this context
+1
2 hrs
retreat
...i.e.....retreat from the attempt to.....
= just one of several possibilities
= just one of several possibilities
Peer comment(s):
agree |
Adrian MM. (X)
1 day 48 mins
|
5 hrs
desistance
from a crime might work here ("cease and desist")
14 hrs
abandonment and disavowal
I think you need to translate with more than one term because there are several components of the concept of Ruecktritt.
It is not sufficient for the person to abandon the offence, but they must also actively take steps to prevent the offence being committed.
see: http://dejure.org/gesetze/StGB/31.html
It is not sufficient for the person to abandon the offence, but they must also actively take steps to prevent the offence being committed.
see: http://dejure.org/gesetze/StGB/31.html
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