principio de mayoría de razón
English translation: principle of majority rule
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| 16:09 Apr 14, 2009 |
| Spanish to English translations [PRO] Law/Patents - Law (general) / legislation | |||||||
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|  Selected response from: Michael Powers (PhD) United States Local time: 17:45 | ||||||
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| 4 +1 | principle of extensive interpretation |
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| 2 | principle of majority rule |
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| Discussion entries: 1 | |
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Answers
6 mins confidence: 
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 :) |
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34 mins confidence: peer agreement (net): +1
peer agreement (net): +1principle 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 -------------------------------------------------- Note added at 40 mins (2009-04-14 16:50:44 GMT) Post-grading -------------------------------------------------- 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. |
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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... |
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