Gah, I haven't used German regularly for about 15 years, and never really ran across legal usage when I did, but I'll take a stab at it.Basically, they're commenting on the applicability of odio et atia. The general thrust is that more usage would decrease the amount of litigation today.(very) rough translation:The Writ of odio et alia (the defiance and hate objection) was established in 1275. Defense attorney Ken Lammers speculates at the Crimlaw blog about the current applicability in civil and criminal law.Virginia (where Lammers practacies) adopted English common law [and uses archaic law? I'm unclear on what they're saying here], and wider usage of the defense could cause a revolution. Defense: Complaining objection: defiance and hate! Accused: Aquitted!Daniel Klerman's work "Settlement and the Decline of Private Procecution in Thirtheenth Century England from the Year 2000" notes a decrease in litigiousness in the 13th century.
Good translation...The second sentence, literally translated:Since Virginia, where Ken Lammers practises, adopted the English Common Law and uses it archaically, his rediscovery could trigger a revolution.
Didn't mean to post anonymously.The site is run by an online legal advice firm. Their (legally required) contact and disclaimer page here:http://www.anwalt.de/impressum.php?pid=7Looks like they are a publicly traded company. Does Virginia have something like that yet, Ken?
Good translation...Thanks. I need to find a reason to spend more time in Germany again. I subscribe to Stern, but almost never find the mental fortitude to read it. I seem to need to be there to keep up with it. And maybe next time, I'll hang out with lawyers, and get better at this - last time, I was hanging out with 16 year olds, and thus got a great education on what a 'penner' was, and the strangely sexual nature knees seem to have to German students.
Ken, as your loyal reader I picked up your thought and wrote that entry at recht.us/amrecht. The other blog ripped off that entry and more. Coming full circle thanks to your Whodathunk note.Clemens
Hi - I have a legal translation blog in Germany.Did you see that the entry you quote is taken (without authorization) from somewhere else? The source is quoted at the bottom of the page. The entry was originally in the German American Law Journal Blog (there are both German and English versions of that).I know the anonymous blogger quotes the source, but he was not authorized to take it. It comes from Clemens Kochinke in WashingtonMargaret Marks
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