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Sep 29, 2017 14:31
6 yrs ago
Spanish term

sistemas estatales de no-derecho

Spanish to English Law/Patents Law: Contract(s) Technical specifications
Hi all,

I am translating a text about economic and criminal law in Germany and Peru from Spanish to English, and the term "sistemas estatales de no-derecho" has come up in the phrase: superación de los delitos cometidos en el marco de los sistemas estatales de no-derecho.

I have considered a few options, e.g. state of non-law or non-law state systems, but I would really appreciate any suggestions. Feeling a bit stumped now!

Many thanks in advance.

Christina

Proposed translations

-1
1 hr

state lawlessness systems

or "systems of lawlessness of the state" could work

The Communitarian State: Lawlessness or Law Reform for ... - jstor
www.jstor.org/stable/1341841
by W Brown-Scott - ‎1994 - ‎Cited by 50 - ‎Related articles
must first acknowledge the lawlessness of the state against African-. Americans; before communitarian reforms can ameliorate the nation's racial problems, state ...
Against the State of Nuclear Terror - Page 51 - Google Books Result
https://books.google.com.ar/books?isbn=0896082199
Joel Kovel - 1984 - ‎Political Science
This need is rooted in the very lawlessness of the state— or rather in the conjunction of this lawlessness with the lawfulness the state is supposed to be ...
State and Repressive Culture: A Case Study of Gujarat
https://books.google.com.ar/books?isbn=8171547028
Akshayakumar Ramanlal Desai, ‎Wilfred D'Costa - 1994 - ‎Civil rights
... old and established constitutional safeguards and new authorisation provided for the lawlessness of the state extra judical, kidnappings and killings known as ...
Peer comment(s):

disagree Alex Ossa : no-derecho puede ser distinto a lawless(ness), y aunque falta un poco de contexto para estar segura, hablando de Perú y Alemania creo que no podemos hablar de anarquía, no? Postearé algo más concreto pronto....
9 hrs
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11 hrs

rule of man government systems

Firstly I'll post smth that contradicts what I'm proposing (!!), in the spirit of fairness. http://www.perfil.com/domingo/la-argentina-es-como-un-estado...
Here the lawyer being interviewed uses Estado de no-derecho as the opposite of un Estado de Derecho, i.e. the government does not follow the law in its exercise. I think it's telling that the negative does not carry the capitalisation for no-derecho, because that immediately lends informality to the use of the term. Should it not be no-Derecho? Or just outright anárquico or ilegal etc.?

Now if you take a look at this Peruvian page (from a university library), it explains that no-derecho is when there are no longer laws in place (where there once were laws).
http://sisbib.unmsm.edu.pe/BibVirtual/Publicaciones/Cathedra...

This would be the case of repealing laws without re-enactment, also referred to as abrogation. http://thelawdictionary.org/abrogation/


Yet another take is referenced in this book by a renowned French lawyer, where it refers to no-derecho as an absence of regulation rather than the elimination or transgression:
https://books.google.cl/books?id=BThuW9nAEmEC&pg=PA82&lpg=PA...


In this case, as rule of law is the existence of laws that regulate the actions of the government, the absence of rule of law would be rule of man.
http://thelawdictionary.org/article/three-alternatives-rule-...


Of these three alternatives, I think the renowned Parisian law professor with several books is probably the safest bet, so I would recommend that definition and therefore rule of man might be the best way to describe it. I was unable to find his book in English to corroborate how he translates it, if anyone can find it that would be great, just to have confirmation.
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