Friday, August 19, 2005

Talk-Brocard

The use of the term "brocard" in English is not really wrong, but it is very rare. Its use is far more common in French or Italian law. English would use the term "maxim" to mean just about the same thing. Even more precisely, "legal maxim" would distinguish these sayings from maxims which can arise in many other areas of knowledge. Maxims have no formal legal weight, but can be influential as representative of a society's accumulated wisdom. Eclecticology, Friday, July 12, 2002
Here we are again :-)) Another difference, then, on "Maxim". Or, better, a case of false friends: the corresponding word is in our system mainly related to the principle that a judge expresses in its interpretation of the law inside the sentence, while a brocard is a referring expression, a sort of motto or proverb mainly used by students (and teachers) to better learn and keep in mind some concepts. Our maxims do have a legal relevance (at least for the sentence which they are contained into), even if a following sentence can freely contain opposite concepts, thus reverting the previous principles. Do you think we need some redirecting? It seems that we are getting closer to the moment we'll have to list a few differences among legal systems... :-) Gianfranco If these questions about law were easy, the lawyers would be starving. I even had to pause over your use of the word "sentence" to make sure that you weren't talking about the prison term or fine that a judge levies after an accused has bee found guilty. It's the rarity of the word in English that makes the redirection advisable. Perhaps we can find a way of resolving the subtleties there. An article explaining the differences between the two main legal traditions is a great idea, but very difficult to write. We should only (!) identify the elements and the concepts which are different, the false friends, and whatever might deserve to be noted. ;-)
No, it won't be easy... but I believe we can make it, little by little.
Ah, our "sentence" is only the latin sententia, the response of the judge. It is a different concept from the latin poena, that I believe you call penalty, which is contained into the sentence, is a part of it (even if obviously it is its most evident concrete effect). Gianfranco
Your table looks beautiful, and it's an excellent proposal. I'll give some thought into what the article title should be. As to "sentence". The "sententia" usage is another one that's almost unknown here. When the "poena" interpretation didn't make sense I settled on the most commen english usage, the grammatical one, for which you would use "frase".

Wednesday, March 23, 2005

Bad Ozonelayer

Breathing ozone can trigger a variety of health problems including chest pain, coughing, throat irritation, and congestion. It can worsen bronchitis, emphysema, and asthma. "Bad" ozone also can reduce lung function and inflame the linings of the lungs. Repeated exposure may permanently scar lung tissue.Healthy people also experience difficulty breathing when exposed to ozone pollution. Because ozone forms in hot weather, anyone who spends time outdoors in the summer may be affected, particularly children, outdoor workers and people exercising. Millions of Americans live in areas where the national ozone health standards are exceeded.
Ground-level or "bad" ozone also damages vegetation and ecosystems. It leads to reduced agricultural crop and commercial forest yields, reduced growth and survivability of tree seedlings, and increased susceptibility to diseases, pests and other stresses such as harsh weather. In the United States alone, ground-level ozone is responsible for an estimated $500 million in reduced crop production each year. Ground-level ozone also damages the foliage of trees and other plants, affecting the landscape of cities, national parks and forests, and recreation areas.

Friday, February 25, 2005

Turning the tide

Events of 1917 would prove decisive in ending the war, although their effects would not fully be felt until 1918. The Allied naval blockade of Germany began to have serious impact on morale and productivity on the German home-front. In response, in February 1917, the German General Staff (OHL) were able to convince Chancellor Theobald von Bethmann-Hollweg to declare unrestricted submarine warfare, with the goal of starving Britain out of the war. Tonnage sunk rose above 500,000 tonnes per month from February until July, peaking at 860,000 tonnes in April. After July, the newly introduced convoy system was extremely effective in neutralising the U-boat threat. Britain was safe from the threat of starvation. Even more importantly, April 1917 finally saw the formal entry of the United States into the war, in response to the U-boat attacks.
Indicator Nets were predominantly deployed by the British Royal Navy as a means—albeit generally unsuccessful—of discouraging enemy (usually German) submarines from entering Allied waters. Constructed using light steel nets these were anchored at various depths to the sea bed around key Allied naval bases and were intended to entangle enemy U-boat traffic, although even then submarines were often able to disentangle themselves and escape before they were blown up by depth charges. They were seldom used as the sole anti-submarine measure but were instead mixed with other defences, which usually included extensive minefields and patrolling warships. In time mines were actually attached to the nets, thereby reducing the survival chances of an entangled submarine.
Once a submarine became entangled a marker buoy attached to the net would drift along the surface indicating enemy activity below. The first example of indicator nets assisting in the destruction of a German U-boat occurred at Dover when the U-8 became entangled on 4 March 1915.
Indicator Nets were used extensively—dropped from light fishing craft—at both Dover and Otranto Barrages. Individual nets were sometimes as much as 100 metres in length. While these were ultimately of some benefit at Dover (where the barrage was constantly fine-tuned to produce results) they proved ineffective at Otranto, with gaps between the light steel nets sufficiently wide to allow enemy submarines through. Under cover of darkness U-boats could also thwart the nets by coasting along the surface, as happened at the Otranto Barrage.

Tuesday, November 23, 2004

A Brocard

A Brocard is a juridical principle usually expressed in Latin (and often derived from juridical works of the past), traditionally used to concisely express a wider legal concept or rule.For example, the sentence Inadimplenti non est adimplendum ("One has no need to respect his obligation if the counter-party has not respected his own."), is used in civil law to briefly indicate a principle (adopted in some systems) referred to as the synallagmatic contract.Respect your obligation first, then you can ask for reimbursement. Used in those situations in which one of the two (or more) parties needs to complete his obligation before being allowed to ask for the opposite obligation to be respected by his counter party. Usually this principle is used in fields and subjects in which a certain general steadyness or uniformity of the system has been considered a relevant value by the legislator. The case is typical of service contracts with repeated obligations (like with gas, water, electricity providers and similars), in which irregularities on one side cannot be balanced if not in a regular situation (i.e., of payments) on the other side. The customer, for example, might be asked to pay regularly the new bill, before constesting the previous one in which he found irregular calculations, and asking for a balancement with newer bills; he thus cannot by himself self-determine a discount in the next payment

Wednesday, November 10, 2004

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Thursday, November 04, 2004

Bueno, ayer fui a visitar a unas amigas que la verdad extrañaba muchisimo! y pase la mañana en la casa y por la tarde ya sali a verlas, llegue aca hasta las 3:00 am y ando algo desvelado muajaja, el caso es que perdon por no haber escrito ayer :P se me paso! queria ver a Abrilita de nuevo :milf( entre a su blog y la malvada no ha pueto nada! y si lo puso ya lo borro que ayer no entre xD. La verdad no queria regresar, SLP esta lindisimo ya ^^ bueno siempre lo ha sido pero ahora extraño alla muchisimo! pero bueno.. tal vez voy a un campamento a Guanajuato! sisisi, y pues tengo unas ganas! ya les contare por que luego ^^ xD sera en un balneario.. y el caso es que yummy xD les cuento luegoo :P.Ayer Cris me mando un sms! y pues senti re mono ^^ la verdad es que las extraño un buen.. y ya saben quienes son no se hagan gueyes xD. pues el caso es que espero verlas pronto :( Chale mugres niñas poke no tan cerkita eh eh :$?. Y bueno, ay si vieran que cosas xD extraño mucho a Josesita :( y a lindita y carmen y susi y tal, (amigas d queretaro y se caian), pero ya las vere wee ^^. la cosa es que entre al blog de Abita y ps la malora ya borro el post de nuestra lokaventura por que no encontre nada!.Bueno, aqui les dejo una foto de abril y mia, la verdad es que se ve algo mal ¬¬ ya vi que el Scanner no tiene muy buena calidad -_-.Creo que ni la cara se distingue ¬¬ la scanneare en un ciber y la actualizare ;).Tambien actualice el blog y le puse un nuevo 'diseño' de Auf der Maur, a que es precioso. san fransisco sightseeing cheap spanish holiday florida discounted dental care