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legal phrase

English translation: case law and the literature of the time

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01:27 Mar 19, 2002
German to English translations [PRO]
Law/Patents
German term or phrase: legal phrase
Nach dem derzeit geltenden Gebührenrecht kann nicht auf eine marktübliche Verzinsung des Eigenkapitals im Marktsegment der Abfallwirtschaft abgestellt werden.

Angemessen i.S.d. § 6 Abs. 2 Satz 1 GebG ist im allgemeinen [ein] Zissatz, der den am freien Kapitalmarkt für langfristige Anlagen erzielbaren durchschnittlichen Zissatz nicht oder nicht wesentlich übersteigt. Vor diesem Hintergrund wird von der Rechtsprechung und der Literatur derzeit ein Nominalzins bis maximal 8% für zulässig erklärt.


The last sentence is the one with the phrase I'm having trouble with, specifically die Rechtsprechung und die Literatur.

Does Rechtsprechung refer to the practice of the courts/judicial precedent, and Literatur to judicial opinions?

TIA, Beth
Beth Kantus
United States
Local time: 23:59
English translation:case law and the literature of the time
Explanation:
Case law rather than judicial precedent since not every decision is precedential

Case law rather than jurisprudence (more usually Rechtswissenschaft)for two reasons: 1) Case law is closer to the literal meaning of Rechtsprechung; and 2) Literatur could conceivably include jurisprudence, making Recht-sprechung a meaningless redundancy -- and we all know that never occurs in German!


Literature because it is both accurate and adequate to render the original and does not require the translator to interpret

Selected response from:

Mary Wilburn
United States
Local time: 23:59
Grading comment
I would like to thank all of you for your help, including the discussion and explanations which were a great help. I actually decided to go with "case law and prevailing literature". Oh, and sorry - I could have mentioned the text was dealing with German laws (specifically Hamburg).
Thanks again to all!
Best regards,
Beth
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +1case law and the literature
Dr. Fred Thomson
5jurisprudence / case lawWerner George Patels, M.A., C.Tran.(ATIO)
4 +1court decisions and literature
Regina Landeck
4sentencegangels
4case law and the literature of the timeMary Wilburn
4 -1decisions of German courtswrtransco
4 -1jurisdiction and case histories
swisstell


  

Answers


6 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
jurisdiction and case histories


Explanation:
would be my interpretation. The whole sentence:
With this in mind/with this background, a nominal interest rate of up to 8% is admissible, according to jurisdiction and case histories

swisstell
Italy
Local time: 05:59
Native speaker of: German
PRO pts in pair: 3377

Peer comments on this answer (and responses from the answerer)
neutral  Werner George Patels, M.A., C.Tran.(ATIO): "case history" is a medical term; surely, you wanted to say "case law".
31 mins

disagree  wrtransco: jurisdiction = Gerichtsbarkeit/Zuständigkeit
42 mins
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52 mins   confidence: Answerer confidence 5/5
jurisprudence / case law


Explanation:
First of all, it must be "jurisprudence" (Rechtssprechung), and second of all, it is case law, not "case histories".

But in this sentence, you could also just use "literature".

HTH

--------------------------------------------------
Note added at 2002-03-19 02:31:09 (GMT)
--------------------------------------------------

You may also use \"case law\" for \"Rechtssprechung\" and \"prevailing legal opinion\" for \"Literatur\"


    legal translator
Werner George Patels, M.A., C.Tran.(ATIO)
Local time: 23:59
PRO pts in pair: 238

Peer comments on this answer (and responses from the answerer)
neutral  wrtransco: see discussion http://www.proz.com/glossary/157354
10 mins
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59 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
decisions of German courts


Explanation:
FONTIS IURIS GENTIUM, Deutsche Rechtsprechung in völkerrechtlichen Fragen - DECISIONS OF GERMAN COURTS
relating to public international law - decisions des courts allemandes en matiere de droit international public, 8 vols.

--------------------------------------------------
Note added at 2002-03-19 02:29:29 (GMT)
--------------------------------------------------

See also discussion at

http://www.proz.com/glossary/157354


    Reference: http://www.iuscomp.org/gla/literature/daad93/daad93-63.htm
wrtransco
Local time: 23:59
Native speaker of: Native in GermanGerman
PRO pts in pair: 236

Peer comments on this answer (and responses from the answerer)
disagree  Werner George Patels, M.A., C.Tran.(ATIO): You don't know whether the German text deals with Germany, Austria, Switzerland or any other country, for that matter.
24 mins
  -> you are right! However, since Beth knows what the text is about, I would think, she is smart enough....
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
case law and the literature of the time


Explanation:
Case law rather than judicial precedent since not every decision is precedential

Case law rather than jurisprudence (more usually Rechtswissenschaft)for two reasons: 1) Case law is closer to the literal meaning of Rechtsprechung; and 2) Literatur could conceivably include jurisprudence, making Recht-sprechung a meaningless redundancy -- and we all know that never occurs in German!


Literature because it is both accurate and adequate to render the original and does not require the translator to interpret



Mary Wilburn
United States
Local time: 23:59
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 76
Grading comment
I would like to thank all of you for your help, including the discussion and explanations which were a great help. I actually decided to go with "case law and prevailing literature". Oh, and sorry - I could have mentioned the text was dealing with German laws (specifically Hamburg).
Thanks again to all!
Best regards,
Beth
Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
court decisions and literature


Explanation:
Whereas court decisions (Rechtsprechung)is the actual, practical application of the law and "Literatur" refers to legal commentaries and learned opinions on the application of the law. Often, "Rechtsprechung" and Literatur" disagree on certain points of the law, and of course, there are different opinions within the "Literatur" section, as well.

Anyway, this is what I remember from my 2 State Examinations in German Law.

Regina Landeck
Local time: 21:59
Native speaker of: Native in GermanGerman
PRO pts in pair: 66

Peer comments on this answer (and responses from the answerer)
agree  Beate Lutzebaeck: That's the one!
1 hr
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12 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
sentence


Explanation:
Against this backdrop, court decisions and legal precedent consider a nominal interest rate of 8% to be admissible.

Precedent (singular) = What has been upheld in the past, recent court opinions in unrelated cases but of similar substance. A feature of Anglo-Saxon law, which would approximate the word "literature".

gangels
Local time: 21:59
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in pair: 5465
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12 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
case law and the literature


Explanation:
As you can see, I just got up and a lot of water has already passed over the dam. Nevertheless, I will give you the standard phrasing in the US.
The literature refers to writings done by recognized authorities. Most law schools have what is called a "Law Review." These periodicals contain writings on various law subjects, and then of course we are talking also about books on the law.

Dr. Fred Thomson
United States
Local time: 21:59
Native speaker of: English
PRO pts in pair: 5861

Peer comments on this answer (and responses from the answerer)
agree  Beate Boudro
1 hr
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