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principio de mayoría de razón

English translation: principle of majority rule

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:principio de mayoría de razón
English translation:principle of majority rule
Entered by: Michael Powers (PhD)
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16:09 Apr 14, 2009
Spanish to English translations [PRO]
Law/Patents - Law (general) / legislation
Spanish term or phrase: principio de mayoría de razón
From Mexico, translating this phrase literally as "principle of majority of reason" doesn't convince me it is proper legal English. Neither Google nor my legal dictionary were much help. Is there a real English legal term that in fact expresses this? Thanks in advance for your help!
"Respecto de este punto, la SSA indicó que el prescindir de las zonas exclusivamente para fumar no acarrea ningún tipo de sanción, debido al *principio de mayoría de razón*, ya que para la opción de declararse espacio libre de humo de tabaco ante la imposibilidad de cumplir con las condiciones propuestas en el anteproyecto debe ser aplicable para cualquier tipo de establecimiento."
kifriedman
United States
Local time: 08:26
principle of majority rule
Explanation:
Please note my low confidence level on this answer. Maybe.

Mike :)

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Note added at 19 mins (2009-04-14 16:28:59 GMT) Post-grading
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Thank you, Karen. I have no reason to pretend like I know. But hopefully this is what it actually is. If it turns out it is not, I will change the glossary entry so that it is helpful for our colleagues in the future. - Mike :)
Selected response from:

Michael Powers (PhD)
United States
Local time: 08:26
Grading comment
Wow, Mike, I certainly appreciate your honesty. Let's see who else agrees with you or else has another suggestion. :-) Karen
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1principle of extensive interpretation
Kathryn Litherland
2principle of majority rule
Michael Powers (PhD)
Summary of reference entries provided
liz askew

Discussion entries: 1





  

Answers


6 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5
principle of majority rule


Explanation:
Please note my low confidence level on this answer. Maybe.

Mike :)

--------------------------------------------------
Note added at 19 mins (2009-04-14 16:28:59 GMT) Post-grading
--------------------------------------------------

Thank you, Karen. I have no reason to pretend like I know. But hopefully this is what it actually is. If it turns out it is not, I will change the glossary entry so that it is helpful for our colleagues in the future. - Mike :)

Michael Powers (PhD)
United States
Local time: 08:26
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 2002
Grading comment
Wow, Mike, I certainly appreciate your honesty. Let's see who else agrees with you or else has another suggestion. :-) Karen
Login to enter a peer comment (or grade)

34 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
principle of extensive interpretation


Explanation:
"mayoría de razón" is a class of legal reasoning that is similar to analogy (situation X that is not specifically addressed in the legal code should nevertheless be covered because it is similar to situation Y directly addressed). Mexican legal code contrasts "analogia simple" (simple analogy: X is similar to Y) with "mayoría de razón", which involves an amplification or extension of the underlying reasoning (X is similar to, and worse than, Y).

"Interpretation by mayoría de razón consists in applying a legal rule provided for a specific fact situation to another fact situation that is not covered by any provision in the system, but that would produce to a greater extent the effect that the rule is trying to avoid. Allow us to return to our example of the buses and the dogs [the code specifically states that people are prohibited from taking dogs on buses]. Let us suppose that this time a man accompanied by his pet lion wishes to board a public bus. Through a literal and a contrario sensu interpretation of the rule, one would conclude that the only persons forbidden to use public buses are those accompanied by dogs, and that anybody not carrying a dog should be allowed to use a public bus. However, a judge confronted with this situation again might consider that the rule’s purpose is to protect the safety and comfort of the passengers, and that a lion would pose a greater threat than a dog. The judge can then by use of the mayoría de razón principle apply the rule that was originally intended for persons with dogs to persons with lions.

www.cm-p.com/pdf/civil_law.pdf

I think the closest thing in English legal terminology is "extensive interpretation," which "extends the law to some case which was not in the contemplation of the lawgiver, or which was not comprehended by the law as it was made by him."
Conscience and Law, Or, Principles of Human Conduct By William Humphrey
http://books.google.com/books?id=Rd8rAAAAIAAJ&pg=PA138

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Note added at 40 mins (2009-04-14 16:50:44 GMT) Post-grading
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In the specific case being discussed in your text, the extension is from some unnamed category of establishments (restaurants, perhaps?) that are specifically allowed by law to (if I understand correctly) choose not to provide smoke-free areas because they are unable to meet the requirements to do so, to covering "all types of establishments" under this code (not requiring them to provide smoke-free areas if they cannot meet the conditions of a proper smoke-free area.

Kathryn Litherland
United States
Local time: 08:26
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 103

Peer comments on this answer (and responses from the answerer)
agree  Patrick Weill: excellent. Thanks!
1171 days
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Reference comments


18 mins
Reference

Reference information:
John Locke's Liberalism - Google Books Result
by Ruth Weissbourd Grant - 1991 - Political Science - 230 pages
Gee argued that majority rule is a principle of right reason. Tyrrell argued that consent is initially given for the common good, not only for private ends, ...
books.google.co.uk/books?isbn=0226306089...

liz askew
United Kingdom
Native speaker of: Native in EnglishEnglish
PRO pts in category: 235
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Changes made by editors
Apr 14, 2009 - Changes made by Michael Powers (PhD):
Created KOG entryKudoZ term » KOG term


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