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juge et partie

English translation: rule against bias

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:juge et partie
English translation:rule against bias
Entered by: Nikki Scott-Despaigne
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19:13 Oct 9, 2001
French to English translations [PRO]
Medical
French term or phrase: juge et partie
A report on therapeutic angioplasty trials. Sentence reads:
'Les coflits d'intérêt imposent que cet essai soit multidisciplinaire et comporte une évaluation indépendante des résultats évitant toute situation ("juge et partie") qui pourrait être critiquée.'
Stephanie Mitchel
United States
Local time: 12:52
rule against bias
Explanation:
Legal beagles call this the « rule against bias ». It would be understood in exactly the same way as the "juge et partie" and is the standard equivalent. Previous suggestions are of course correct in meaning.

1 - http://www.law.ualberta.ca/courses/carver/admin/bias.htm

IV. Nemo Judex: The Rule Against Bias

"Nemo judex in sua causa debet esse" - no one should be the judge in his/her own cause. This appears to speak to a "conflict of interest" situation. However, the rule against bias is not strictly restricted to that issue, but extends to many situations in which it can be suggested a decision-maker may have a predisposition to a particular outcome.

2 – Dictionary of Law, Curzon, 5th ed., FT Publishing

« aliquis non debet esse judex in propria causa quia non potest esse judex et pars ».

No man should be a judge in his own cause, since he cannot act at the same times as judge and party.
Selected response from:

Nikki Scott-Despaigne
Local time: 18:52
Grading comment
Thank you Nikki!
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +1rule against bias
Nikki Scott-Despaigne
4 +1judge and judgedxxxAbu Amaal
4 +1Judge and judgedBernieM
4avoiding any confrontational situation
Parrot
1judge and defendantHelen D. Elliot


  

Answers


26 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
judge and judged


Explanation:
A standard phrase, generally with "both", but here you seem to want the short form.

Another standard phrase is "a judge and a party in the same case", obviously very awkward here.



xxxAbu Amaal
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 51

Peer comments on this answer (and responses from the answerer)
agree  xxxcaroail
6 hrs
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27 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Judge and judged


Explanation:
'Etre juge et partie' normally means 'to be both judge and judged' i.e. being partial. In your context, I think this phrase is just being used to stress the importance of an independent review of the results obtained from the trials.

BernieM
Hong Kong
Local time: 01:52
PRO pts in pair: 244

Peer comments on this answer (and responses from the answerer)
agree  xxxMaGre
7 hrs
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50 mins   confidence: Answerer confidence 1/5Answerer confidence 1/5
judge and defendant


Explanation:
Legal is not my field so I don't know if it's really used.

From Termium:

French:Translation
Legal System

juge et partie s MASC

EX - Être à la fois juge et partie. s

English:Translation
Legal System

judge and defendant s

1994-07-06



Helen D. Elliot
Canada
Local time: 12:52
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 407
Login to enter a peer comment (or grade)

7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
avoiding any confrontational situation


Explanation:
Seems to me smoother. The idea is, that a conflict of interests should not interfere in the scientific evaluation of effects to the extent of dividing the parties into oversimplified pros and cons.

Parrot
Spain
Local time: 18:52
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 1861
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13 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
rule against bias


Explanation:
Legal beagles call this the « rule against bias ». It would be understood in exactly the same way as the "juge et partie" and is the standard equivalent. Previous suggestions are of course correct in meaning.

1 - http://www.law.ualberta.ca/courses/carver/admin/bias.htm

IV. Nemo Judex: The Rule Against Bias

"Nemo judex in sua causa debet esse" - no one should be the judge in his/her own cause. This appears to speak to a "conflict of interest" situation. However, the rule against bias is not strictly restricted to that issue, but extends to many situations in which it can be suggested a decision-maker may have a predisposition to a particular outcome.

2 – Dictionary of Law, Curzon, 5th ed., FT Publishing

« aliquis non debet esse judex in propria causa quia non potest esse judex et pars ».

No man should be a judge in his own cause, since he cannot act at the same times as judge and party.



    Law degree, legal training and experience in practice and lecturing
Nikki Scott-Despaigne
Local time: 18:52
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 3629
Grading comment
Thank you Nikki!

Peer comments on this answer (and responses from the answerer)
agree  Helen D. Elliot: Yes, thanks!
4 hrs
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