Mar 27, 2018 21:22
6 yrs ago
35 viewers *
Spanish term

mandato

Spanish to English Law/Patents Law (general) criminal case
I can't make heads or tails of the phrase "la norma [...] no es una prohibición sino un mandato" - the standard (I assume the legal standard) is not a prohibition, but an order? POA? Help! Document is from Argentina

En lo que refiere a la omisión de auxilio-articulo 108 del Código Penal-, refiere "... a una persona herida o inválida o amenazada de un peligro cualquiera, omitiere prestarle el auxilio necesario, cuando pudiere hacerlo sin riesgo personal o no diere aviso inmediatamente a la autoridad".

Se trata de un tipo omisivo ya que la norma que subyace bajo este tipo penal no es una prohibición sino un mandato, germinado en la solidaridad humana en supuestos de peligro para los bienes vida e integridad personal.

Discussion

Adam Dickinson Mar 27, 2018:
Agree on order I looked up Article 108 of the Argentinian Penal Code (http://servicios.infoleg.gob.ar/infolegInternet/anexos/15000... It says that a person who finds a child in distress and doesn't help them is subject to a fine.

So it's saying that the law isn't talking about an action that is prohibited or forbidden, but rather a 'mandato' in the sense of an action that is incumbent upon a person - I don't think 'order' would be too far off the mark, in that case. "...an order rooted in human solidarity..."

Best of luck!
Meridy Lippoldt Mar 27, 2018:
I can't speak to the word "prohibition" but I do believe mandato can be translated as "order" per diccionario de derecho be Rafael de Pina as follows: orden dado en el ejercicio de un cargo de autoridad o en cumplimiento de uno de caracter particular, legalmente justificada. Hope this is helpful.

Proposed translations

11 hrs
Selected

imperative

Slightly "higher" than "obligation"

Learner's definition of IMPERATIVE. 1. [count] formal : a command, rule, duty, etc., that is very important or necessary. She considers it a moral imperative to help people in need. legal imperatives.
Imperative - Definition for English-Language Learners from Merriam ...
www.learnersdictionary.com/definition/imperative

Influence of the legal imperative and medical guidelines on the ... - NCBI
https://www.ncbi.nlm.nih.gov/pubmed/3631001
by S Sepkowitz - ‎1987 - ‎Cited by 19 - ‎Related articles
Am J Dis Child. 1987 Oct;141(10):1124-7. Influence of the legal imperative and medical guidelines on the incidence and management of the meconium-stained newborn. Sepkowitz S. Following a legal action that resulted from the death of a newborn with the meconium aspiration syndrome, I investigated the incidence and ...

A Moral and Legal Imperative to Act: Remembering and Recognizing ...
https://www.huffingtonpost.com/stephen.../a-moral-and-legal-...

6 Apr 2016 - April is Genocide Awareness Month, a time to reflect on atrocities of the past while ensuring that we avoid acts of mass murder in the future. The urgency of this mandate was highlighted just weeks ago when the U.S. House of Representatives and the State Department officially recognized that ISIS is ...

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A Genocide by Any Other Name: Language, Law, and the Response ...
www.law.virginia.edu/pdf/racelaw/writing_competition07/thir...

possibility that a finding of genocide carries a legal imperative to act means the label (or non-label) is often the result of a protracted political debate. Additionally, the word genocide carries a historical and moral weight that is not present with other types of crimes and that therefore tends to create a moral obligation in the ...



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WWF report finds retailers uniquely placed to promote sustainable diets
https://www.wwf.org.uk/.../wwf-report-finds-retailers-unique...

13 Jun 2012 - These included: the risk of advising consumers about sustainable diets without a universally agreed definition of what they are; the lack of a policy or legal imperative to act; limited consumer understanding; and the possibility of doing the wrong thing". Mark Driscoll, head of the one planet food programme ...

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Air Conditioning Inspections Explained
https://sovpsl.com/air-conditioning-inspections-explained-13...

5 Nov 2015 - There is no legal imperative to act on our recommendations, but by doing so; you will have a far more efficient and cost effective air conditioning system. Occasionally, building owners and managers find that by carrying out suggested improvements on their air conditioning system and their central heating ...

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CEO's Report – Time to enliven not stifle AGMs Sep 08 - Australian ...
www.companydirectors.com.au › ... › 2000-2009 back editions
1 Sep 2008 - Adequate protections are given by the legal imperative to act in the best interests of the company and to choose a voting method that reflects the majority view of voting shareholders. Let us not have this very important dialogue about shareholder engagement constrained by prescriptive standards. A more ...

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Opinion 94 - 31 - Office of the State Comptroller
https://www2.osc.state.ny.us/legal/1994/legalop/op94-31.htm
As to whether there is a "statutory imperative" which would preclude such a collective bargaining agreement provision, we note that General Municipal Law, §92 expressly authorizes the governing board of a municipality to provide, by resolution, ordinance or local law, for the cash payment of the monetary value of ...

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Children*s Participation in Proceedings to Resolve Their Care ...
www.childcomm.tas.gov.au/wp-content/uploads/.../Pat-Fitzger...

It is important to consider how children should be involved when either their parents or the state intervene in the family life of children – purportedly for the .... If we accept s 60B(4)s reach extends beyond a “feel good affirmation” and reflects a development in the law then is it the case that as a matter of statutory imperative:-.
Children's referendum must be first step in systemic change | Irish ...
https://www.irishexaminer.com/.../childrens-referendum-must-...
29 Oct 2010 - In the Roscommon case the ideological clash between the ethos of fundamentalist Catholicism — admittedly unrepresentative of the vast majority of practicing Catholics — and the statutory imperative to protect children was thrown into stark relief. When the authorities did finally make a serious attempt in ...
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4 KudoZ points awarded for this answer. Comment: "I appreciate all the answers as they helped me to understand the meaning. However, I really felt that 'imperative' hit the nail on the head. As in the 'moral imperative' to come to the aid of someone in distress. Thanks all!"
+1
50 mins

mandate [to act]

I think, as you say, it is meant in the sense of an order, as in the definition below, because the law here requires that a person do something rather than not do something, which is normally what laws provide for, especially in civil law jurisdictions:

mandato
5. Gral. Mandamiento, obligación establecida en una disposición o instrucción.

http://dej.rae.es/#/entry-id/E156700


I would translate it with the cognate "mandate" here, as it seems exactly in line with what is meant, but perhaps you could also add "to act" to be more explicit.

mandate
1An official order or commission to do something.
‘a mandate to seek the release of political prisoners’
More example sentencesSynonyms
1.1Law A commission by which a party is entrusted to perform a service, especially without payment and with indemnity against loss by that party

https://en.oxforddictionaries.com/definition/mandate

FYI, "norma" here is not "standard" but "legal precept", "legal principle" or simply "law".

Norma
3. f. Der. Precepto jurídico.

http://dle.rae.es/?id=QcFNGvF
Peer comment(s):

neutral AllegroTrans : Not too sure Robert; a mandate implies some sort of authority given by sb to sb else; here I think it's more like a compulsory requirement enshrined in law
10 hrs
Thanks, Chris. Not sure about Canada, but in the US, they have (or used to have at least) the "individual mandate" which compelled people by statute to have health insurance.
agree franglish
10 hrs
Thanks, franglish.
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4 hrs

obligation

diría yo

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as in: obligation to aid/provide assistance/help

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I think this is the meaning here
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