This site uses cookies. Some of these cookies are essential to the operation of the site, while others help to improve your experience by providing insights into how the site is being used. For more information, please see the ProZ.com privacy policy.
Cookie settings
la Resolución D.E. 76/09
riberas cortadas
Jul 25, 2013 15:40
10 yrs ago
6 viewers *
Spanish term

justicia represiva

Spanish to English Law/Patents Law (general)
Art. 43.- En cada distrito judicial habrá un Tribunal de Primera Instancia, con plenitud de jurisdicción; excepto en el de la Provincia de Sto. Domingo, en el cual habrá dos: uno civil, para la administración de la Justicia Civil y Comercial; y otro penal, para la administración de la justicia represiva.

http://enj.org/web/component/docman/doc_download/3903-prontu...

Your suggestions are appreciated!
Proposed translations (English)
5 +4 criminal justice
4 law and order
4 penal justice

Discussion

Charles Davis Jul 26, 2013:
Hi Sandro Just me being pedantic as usual! Yes, it's to do with the theory of how justice works. There's also rehabilitative justice.

I have a friend who teaches philosophy of law at university. He loves the subject, but his idea of hell is becoming a lawyer! It's a different mindset.

Let me make it plain that I'm with the majority here; I think "criminal justice" is clearly the right term for this context. It was my first idea and I should have stuck with it! I was thrown a little by the connotations of "represiva", but I'm sure it doesn't mean any more or less than "penal".
Sandro Tomasi Jul 26, 2013:
Charles, thanks for verifying it's not a calque. I just hadn't been aware of it and that’s why I said it sounded like one. From what I read, “punitive justice” and “restorative justice” are two sub-types of criminal justice, the latter consisting of truth and conciliation committees. Both deal with administering justice for crimes.
Charles Davis Jul 25, 2013:
I'm not arguing that "punitive justice" should be used here, and didn't choose it for my answer, but it's certainly not a calque; it's a standard term in English. Here's the distinguished Australian criminologist John Braithwaite on restorative and punitive justice:

http://books.google.es/books?id=pjAd2u2j3DMC&pg=PA42&lpg=PA4...

The thing is that it's a philosophical rather than an institutional term.
Sandro Tomasi Jul 25, 2013:
Richard, the mainstream term is “criminal justice,” which implies the imposition of a sentence in cases where the defendant is found guilty. Moreover, in English, “punitive justice” sounds like a calque.
Richard Hill (asker) Jul 25, 2013:
I thinks its related to punishments, perhaps something like, "handing down punishments in the administration of justice"?

Proposed translations

+4
1 hr
Selected

criminal justice



--------------------------------------------------
Note added at 1 hr (2013-07-25 17:08:39 GMT)
--------------------------------------------------

I know it’s a bit redundant in view of y otro penal > and the other criminal, but that happens to be the case many times in legal English.
Note from asker:
Thanks, Sandro :)
Peer comment(s):
agree Charles Davis : I agree that this is what it amounts to, though I have tried to make a case for using "penal justice" here. (Didn't see your answer before posting.)
6 mins
Looks like we’re working on this problem simultaneously. Thank you, Charles.
agree philgoddard : I think there's a case to be made for leaving out the redundancies and just saying "one civil and commercial, and one criminal".
10 mins
If we were to leave out one of the “criminal” words, I would leave out the first one: “and the other for the administration of criminal justice.” Thank you, Phil. // I now see your point @ the “administration” redundancy and I agree @ making such a case.
agree AllegroTrans
1 hr
Thank you, Allegro.
agree Onidia (X)
2 hrs
Thank you, Onidia.
Something went wrong...
4 KudoZ points awarded for this answer.
17 mins

law and order

By extension I would say, "and a criminal court for maintaining law and order."

I jumped from "orden público" in the RAE definition to get to law and order.
Reference:

http://lema.rae.es/drae/?val=represivo

Something went wrong...
1 hr

penal justice

To be honest, as used here in this statute from the Dominican Republic, I don't think it really means any more than "criminal justice"; in other words, "represiva" is more or less a synonym of "penal":

"Llamaron para que la entidad detenga la ejecución de esos fondos y así evitar tener que responder ante la justicia represiva o penal."
http://www.listin.com.do/mobile/article?id=178296

"materia relativa a la justicia penal —la justicia represiva— y a las magistraturas encargadas de actuarla"
https://revistas.ucm.es/index.php/ANQE/article/download/ANQE...

On the other hand, as a concept in the philosophy of law, compared with "justicia retributiva", "justicia represiva" really means "punitive justice":

"Los medios de la justicia represiva (penal) y de la justicia retributiva (contencioso-administrativa) requieren, por ende, ser complementados con vastos procesos en los que se exprese, democráticamente, la repulsión a los crímenes de guerra y de lesa humanidad"
http://biblioteca.hegoa.ehu.es/system/ebooks/13580/original/...

I would tend to go for the intermediate term "penal justice", which is closely allied to criminal law but lays the emphasis on the punitive:

"criminal
Pertaining to, or involving, crimes or the administration of penal justice. An individual who has been found guilty of the commission of conduct that causes social harm and that is punishable by law; a person who has committed a crime.
West's Encyclopedia of American Law"
http://legal-dictionary.thefreedictionary.com/criminal
Note from asker:
Actually, I like "punitive justice". Thanks, Charles :)
Peer comment(s):
neutral Sandro Tomasi : Agree with your reasoning, not so much with your end result. Despite “penal justice” not being wrong, it sounds pedantic, and I see no reason for not going with the mainstream term, “criminal justice.”
6 mins
OK, I see your point. I felt that "justicia represiva", where they could have simply have repeated "penal" (they didn't mind about repeating "civil", might carry a "matiz" worth reproducing.
Something went wrong...
Close search
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search