se dotera d'une jurisprudence

English translation: will acquire/obtain/have available/be informed of the (relevant) jurisprudence

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09:48 Dec 28, 2016
French to English translations [PRO]
Law/Patents - Education / Pedagogy / doctoral regulations
French term or phrase: se dotera d'une jurisprudence
These are special provisions added to a Belgian university's doctoral regulations. The original provision reads:

La perte de la qualité d’étudiant inscrit au doctorat peut être décidée par la commission doctorale du domaine, sur demande du comité d’accompagnement. Chaque commission doctorale fixe les règles particulières qu’elle applique en cette matière.

The 'ajout' is:
La commission doctorale du domaine n°20 se dotera d'une jurisprudence en la matière.

"Will have jurisidiction"? Can "jurisprudence" have this meaning or has the wrong word been used in French?
MoiraB
France
Local time: 23:38
English translation:will acquire/obtain/have available/be informed of the (relevant) jurisprudence
Explanation:
I can find trace of documents dealing with this type of matter for Louvain.

https://www.uclouvain.be/cps/ucl/doc/recherche/documents/Cdd...

http://www.usaintlouis.be/fr/pdf/ComCom/regldoct100911.pdf

I would like to make two points.
Firstly, I think means that when considering the matter in question, the "commission d'accompagnement" for those concerned by the "domain d'études n° 20" will acquire/collect/gather jurisprudence relating to the matter concerned. That way, the 'commission" will have to hand all the relevant past cases on which to base its decision. It will be informed as to how they are to interpret the set of circumstances facing it and guide it in making the appropriate decision.
Therefore, I do not think it is about building future references, but about having to hand the information they need when considering a thesis application, (or whatever), before them. I don't think "build up" works best here. They are not to compile something new, although diffrerent situations contribute to modifying the jurisprudence. I think the essential idea behind "se dôter d'une jurisprudence" is to make have the info they need so that the deicsion made today will be consistent with decisions made yesterday.

Secondly therefore, the term "jurisprudence" seems most appropriate for this situation. I see no reason to use the term "case law" as this is not "case law" as such, but the rules and regulations specific to the university. It is in-house jurisdiction. "Case law" acts as a guide to interpretation of national law. The uni has adopted the term "jurisprudence" internally to indicate that it will use its own precedent. In my view, "case law" is for lawyers in courts, not for university commissions. The term "jurisprudence" is, unlike "case law" used more widely, beyond the realms of the courts.

Suggested rendering:

- will acquire/obtain/have available jurisprudence on the matter
- will etc., relevant jurisprudence


It could even be read to mean that they will "acquire" in the sence of carry out the necessary research so "se doter de" could even be read as :

- will be informed of the (relevant) jurisprudence (on the matter)

--------------------------------------------------
Note added at 4 hrs (2016-12-28 14:43:25 GMT)
--------------------------------------------------

"Will" may be replaced by "shall" if it is as in this document :

https://www.uclouvain.be/cps/ucl/doc/recherche/documents/Cdd...

See ajout 2.2.6.

--------------------------------------------------
Note added at 4 hrs (2016-12-28 14:45:08 GMT)
--------------------------------------------------

A definition of "case law" : http://legal-dictionary.thefreedictionary.com/case law

ase Law
Legal principles enunciated and embodied in judicial decisions that are derived from the application of particular areas of law to the facts of individual cases.
As opposed to statutes—legislative acts that proscribe certain conduct by demanding or prohibiting something or that declare the legality of particular acts—case law is a dynamic and constantly developing body of law. Each case contains a portion wherein the facts of the controversy are set forth as well as the holding and dicta—an explanation of how the judge arrived at a particular conclusion. In addition, a case might contain concurring and dissenting opinions of other judges.
Since the U.S. legal system has a common-law system, higher court decisions are binding on lower courts in cases with similar facts that raise similar issues. The concept of precedent, or Stare Decisis, means to follow or adhere to previously decided cases in judging the case at bar. It means that appellate case law should be considered as binding upon lower courts.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

I think you will see it applies to legal systems and is perhaps less an appropriate term for the context here.



--------------------------------------------------
Note added at 5 hrs (2016-12-28 14:52:40 GMT)
--------------------------------------------------

Perhaps the most important question now is to see what term is used in such instances in the UK, if the target reader is in the UK. This means searching university sites in the relevant target country to see if "jurisprudence" is the term employed.

--------------------------------------------------
Note added at 5 hrs (2016-12-28 14:53:45 GMT)
--------------------------------------------------

It may vary from one institution to the next, but there is a chance that one or two terms will occur more frequently. Maybe "precedent" is used. That term has been suggested by François, and it may be an appropriate choice.
Selected response from:

Nikki Scott-Despaigne
Local time: 23:38
Grading comment
Points to Nikki, as her explanation made the penny drop about what was going on, but "precedents" or even "past decisions" may work better here in the context of deciding whether someone will lose their status as a PhD student. Thanks, everyone!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1will build up (gather) case law references (decisions)
Peter LEGUIE
4will acquire/obtain/have available/be informed of the (relevant) jurisprudence
Nikki Scott-Despaigne
4will find precedents
Francois Boye


Discussion entries: 7





  

Answers


2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
se dotera d\'une jurisprudence
will build up (gather) case law references (decisions)


Explanation:
As we all seem to agree on this point.

Peter LEGUIE
Local time: 23:38
Native speaker of: Native in FrenchFrench, Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
neutral  writeaway: for a doctorate?
1 hr
  -> Maybe it is a little formal, indeed.

agree  ph-b: gather (past?) decisions? Collect together past decisions?
4 hrs
  -> Thank you.

neutral  Nikki Scott-Despaigne: "Gather" better than "build up", as the latter suggests intention to create a precedent. Also, "case law" works for nationally applied law but not internal rules 'n' regs of a uni.
21 hrs
  -> Yes, possibly a little formal, as I suggested. I know that "cases" is used in the United States: "case references" might work then.
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
se dotera d\'une jurisprudence
will find precedents


Explanation:
https://www.google.com/?gws_rd=ssl#q=to find precedents

Francois Boye
United States
Local time: 17:38
Native speaker of: Native in FrenchFrench
PRO pts in category: 39

Peer comments on this answer (and responses from the answerer)
neutral  Nikki Scott-Despaigne: "Will find" is a little under the value of "se doter de" but the meaning is not too far off nonetheless. "Precedent" (singular) works here.
19 hrs
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
se dotera d\'une jurisprudence
will acquire/obtain/have available/be informed of the (relevant) jurisprudence


Explanation:
I can find trace of documents dealing with this type of matter for Louvain.

https://www.uclouvain.be/cps/ucl/doc/recherche/documents/Cdd...

http://www.usaintlouis.be/fr/pdf/ComCom/regldoct100911.pdf

I would like to make two points.
Firstly, I think means that when considering the matter in question, the "commission d'accompagnement" for those concerned by the "domain d'études n° 20" will acquire/collect/gather jurisprudence relating to the matter concerned. That way, the 'commission" will have to hand all the relevant past cases on which to base its decision. It will be informed as to how they are to interpret the set of circumstances facing it and guide it in making the appropriate decision.
Therefore, I do not think it is about building future references, but about having to hand the information they need when considering a thesis application, (or whatever), before them. I don't think "build up" works best here. They are not to compile something new, although diffrerent situations contribute to modifying the jurisprudence. I think the essential idea behind "se dôter d'une jurisprudence" is to make have the info they need so that the deicsion made today will be consistent with decisions made yesterday.

Secondly therefore, the term "jurisprudence" seems most appropriate for this situation. I see no reason to use the term "case law" as this is not "case law" as such, but the rules and regulations specific to the university. It is in-house jurisdiction. "Case law" acts as a guide to interpretation of national law. The uni has adopted the term "jurisprudence" internally to indicate that it will use its own precedent. In my view, "case law" is for lawyers in courts, not for university commissions. The term "jurisprudence" is, unlike "case law" used more widely, beyond the realms of the courts.

Suggested rendering:

- will acquire/obtain/have available jurisprudence on the matter
- will etc., relevant jurisprudence


It could even be read to mean that they will "acquire" in the sence of carry out the necessary research so "se doter de" could even be read as :

- will be informed of the (relevant) jurisprudence (on the matter)

--------------------------------------------------
Note added at 4 hrs (2016-12-28 14:43:25 GMT)
--------------------------------------------------

"Will" may be replaced by "shall" if it is as in this document :

https://www.uclouvain.be/cps/ucl/doc/recherche/documents/Cdd...

See ajout 2.2.6.

--------------------------------------------------
Note added at 4 hrs (2016-12-28 14:45:08 GMT)
--------------------------------------------------

A definition of "case law" : http://legal-dictionary.thefreedictionary.com/case law

ase Law
Legal principles enunciated and embodied in judicial decisions that are derived from the application of particular areas of law to the facts of individual cases.
As opposed to statutes—legislative acts that proscribe certain conduct by demanding or prohibiting something or that declare the legality of particular acts—case law is a dynamic and constantly developing body of law. Each case contains a portion wherein the facts of the controversy are set forth as well as the holding and dicta—an explanation of how the judge arrived at a particular conclusion. In addition, a case might contain concurring and dissenting opinions of other judges.
Since the U.S. legal system has a common-law system, higher court decisions are binding on lower courts in cases with similar facts that raise similar issues. The concept of precedent, or Stare Decisis, means to follow or adhere to previously decided cases in judging the case at bar. It means that appellate case law should be considered as binding upon lower courts.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

I think you will see it applies to legal systems and is perhaps less an appropriate term for the context here.



--------------------------------------------------
Note added at 5 hrs (2016-12-28 14:52:40 GMT)
--------------------------------------------------

Perhaps the most important question now is to see what term is used in such instances in the UK, if the target reader is in the UK. This means searching university sites in the relevant target country to see if "jurisprudence" is the term employed.

--------------------------------------------------
Note added at 5 hrs (2016-12-28 14:53:45 GMT)
--------------------------------------------------

It may vary from one institution to the next, but there is a chance that one or two terms will occur more frequently. Maybe "precedent" is used. That term has been suggested by François, and it may be an appropriate choice.

Nikki Scott-Despaigne
Local time: 23:38
Native speaker of: Native in EnglishEnglish
PRO pts in category: 138
Grading comment
Points to Nikki, as her explanation made the penny drop about what was going on, but "precedents" or even "past decisions" may work better here in the context of deciding whether someone will lose their status as a PhD student. Thanks, everyone!
Login to enter a peer comment (or grade)



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