se dotera d'une jurisprudence

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

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 KudoZ activity Questions: 725 (none open) (1 without valid answers) (21 closed without grading) Answers: 545 France
Local time: 20:57

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)

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

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

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

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Note added at 5 hrs (2016-12-28 14:53:45 GMT)
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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: 20:57

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 +1

will build up (gather) case law references (decisions)

Peter LEGUIE

will find precedents

Francois Boye

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

Nikki Scott-Despaigne

Discussion entries: 7

Nikki Scott-Despaigne

17:57 Dec 28, 2016

Yup. In French and in English, "jurisprudence" describes a body of references which provide an authority upon which a decision can be based. In context, it does not appear to be referring to a series of past incidents involving the individual student concerned, but instead, to a desire of the commission to seek past examples they will use in order to make a decision about that particular student. That's the whole idea of what jurisprudence is about. The past incidents are cases concerning previous situations met by the commission. Over time, it builds its own history of how to interpret its rules 'n' regs. To that extent, the commission has its own corpus of past decisions to which they can refer. It is the commission's own jurisprudence. These past decisions provide a source for the commission to refer to when making decisions on other cases. If A+B=C for Fred, then A+B for Charlie should also result in C. If A+B' happens for David, then the decision should be C'. It's all about ensuring consistent and reasoned decision-making.

ph-b (X)

France

Jurisprudence according to ATILF

17:11 Dec 28, 2016

C. Au fig. et fam. Usage établi; manière d'agir, de dire, de juger, de penser, établie et à laquelle on se réfère

Jennifer Levey

Chile

compendium

12:20 Dec 28, 2016

I agree entirely with the track taken in the discussion so far. They are required to build up a compendium of cases, which will presumably contain details of the student's failings and the decision taken by the committee. This will then serve as guidance in future cases.
The ST strongly suggests that domain Nº. 20 doesn't yet have such a compendium. Maybe it's a new domain (at least, new to the faculty)? Perhaps Asker could clarify?

ph-b (X)

France

build up

12:09 Dec 28, 2016

Agree with Peter. I was looking for a way to say it in English when his note appeared. ‘Build up’ is a good translation for se doter de, esp. in the future. The commission is required to build up a collection (?) of (past) decisions.

Peter LEGUIE

11:29 Dec 28, 2016

And how about something like will build up (gather) case law (references), to be concise?

Charles Davis

Spain

10:07 Dec 28, 2016

Like Peter, I don't think we should assume that the wrong word has been used and that "jurisdition" is meant. "Jurisprudence" really corresponds to what we call case law in English: that is, legal (or quasi-legal) precedent, the arguments and conclusions enshrined in previous cases. So perhaps it could mean that the commission is required to take previous cases into account in reaching its decisions.

Peter LEGUIE

09:58 Dec 28, 2016

My feeling is that this means that the commission will develop a course of action based upon experience as cases crop up and are dealt with. I would not go for "jurisdiction".

Answers

2 hrs confidence:

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: 20:57
Native speaker of:

French,

English

4 hrs confidence:

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: 14:57
Native speaker of:

French
PRO pts in category: 47

4 hrs confidence:

se dotera d\'une jurisprudence

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

Nikki Scott-Despaigne
Local time: 20:57
Specializes in field
Native speaker of:

English
PRO pts in category: 148

Grading comment

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