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wider besseres Wissen

English translation: knowingly

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:wider besseres Wissen (in affidavit)
English translation:knowingly
Entered by: Heidi Stone-Schaller
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16:10 Aug 11, 2004
German to English translations [PRO]
Law/Patents - Law (general)
German term or phrase: wider besseres Wissen
This is part of an affidavit. The declarant is advised not to provide false affidavit, either by way of negligence or "wider besseres Wissen".

"against better judgment" ?
Jeffrey Nadeau
United States
Local time: 02:13
knowingly
Explanation:
"In any action where the affiant is found by the court to have knowingly filed a false affidavit, such conduct shall constitute just cause for the court to instruct the jury that it may award exemplary damages in relation to such conduct."

I have also found "willfully" and "with the purpose to mislead."
It seems to me that "contrary to one's better judgment" is perhaps not adequate in the context of this legal provision, even though in other contexts it's a good translation of "wider besseres Wissen"--when you do something even though you should know better than to do it. Here I think the term is used to make a distinction between telling something that you think is true (negligence) and telling a straight lie.
Selected response from:

Heidi Stone-Schaller
Local time: 09:13
Grading comment
thanks for your help...
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +7contrary to one's better judgment
Kim Metzger
4 +4knowingly
Heidi Stone-Schaller


  

Answers


3 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +7
contrary to one's better judgment


Explanation:
Hamblock.
Dietl/Lorenz gives contrary to one's knowledge

Kim Metzger
Mexico
Local time: 02:13
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1204

Peer comments on this answer (and responses from the answerer)
agree  Gert Sass (M.A.)
3 mins

agree  writeaway
3 mins

agree  Derek Gill Franßen: Yes, both seem correct to me, whereby "contrary to one's knowledge" seems to be used more often in a religious setting... :-)
14 mins

agree  Christine Lam
15 mins

agree  jccantrell
1 hr

agree  Merry Foxworth: against one's better judgment
10 hrs

agree  Kathleen
26 days
Login to enter a peer comment (or grade)

26 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
knowingly


Explanation:
"In any action where the affiant is found by the court to have knowingly filed a false affidavit, such conduct shall constitute just cause for the court to instruct the jury that it may award exemplary damages in relation to such conduct."

I have also found "willfully" and "with the purpose to mislead."
It seems to me that "contrary to one's better judgment" is perhaps not adequate in the context of this legal provision, even though in other contexts it's a good translation of "wider besseres Wissen"--when you do something even though you should know better than to do it. Here I think the term is used to make a distinction between telling something that you think is true (negligence) and telling a straight lie.


    Reference: http://members.aol.com/StatutesP2/42.Cp.75.html
Heidi Stone-Schaller
Local time: 09:13
Works in field
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in category: 7
Grading comment
thanks for your help...

Peer comments on this answer (and responses from the answerer)
agree  Trudy Peters
2 mins

agree  Derek Gill Franßen: Very good... I thought about "willfully" too, but decided against it, because it has a criminal touch to it and wouldn't fit as well in a civil setting, as this seems to be (IMO). :-)
5 mins

agree  Kim Metzger: This seems to be a more meaningful translation than "against better judgment" in this context. Thanks for the explanation.
20 mins
  -> cheers Kim

agree  swisstell
52 mins
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