Glossary entry

German term or phrase:

Äusserungsdelikt

English translation:

crime of utterance, crime of speech

Added to glossary by Erik Macki
Jun 28, 2006 02:40
17 yrs ago
2 viewers *
German term

Äusserungsdelikt

German to English Law/Patents Law (general) legal concepts
This is a piece about the Swiss Federal Court and libel, slander, and criminal defamation. A broad category of crime in the German-speaking world is apparently the "Äusserungsdelikt," which encompasses concepts like libel, slander, disparagement, inciting racial hatred (Volksverhetzung), violating confidentiality agreements, inciting crimes generally, etc.

Does anyone have a good dictionary or other source for this term, which Muret-Sanders and Collins and Oxford seem to lack, currently?

Thanks in advance.

Proposed translations

+3
1 hr
Selected

verbal offense/crime // offense/crime of speech // speech offense/crime

Not found in any dictionary; just some suggestions.
Example sentence:

verbal offenses such as perjury, libel and slander, and conspiracy

Isaac Barrow, the greatest authority on "Offences of Speech," discusses perjury in court as a byproduct of "Rash and Vain Swearing,"

Peer comment(s):

agree Margaret Marks : I would be inclined to say 'speech crimes', which is definitely used, but I haven't researched properly.
7 hrs
agree Lothar Kneifel : agree with Margaret
1 day 11 hrs
agree Trufev
2 days 1 hr
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Upon further research, I found a convention where "Aeusserung" usually translated as "utterance," and there is some precedent in comparative legal literature for the expression "crimes of utterance" in this case. Obviously, the concept doesn't exist per se in Anglo-American law, and Norbert's proposals are also highly defensible translations. Thanks to all for your help."
11 hrs

defamation

The publishing of a statement which tends to lower a person in the estimation of right-thinking members of society. (L.B. Curzon, Dictionary of Law, 6th edition).

Defamation = an attack upon the reputation of another (Bryan A. Garner, Dictionary of Modern Legal Usage).

It encompasses both libel (in permanent form, esp. writing) and slander (in transitory form, esp. spoken words).



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Note added at 11 hrs (2006-06-28 14:07:15 GMT)
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Ich würde den Begriff "Äusserungsdelikt" mit "Ehrdelikt" gleichsetzen.
Peer comment(s):

neutral Margaret Marks : But defamation does not include disparagement, racial hatred and other continental offences.
8 hrs
Something went wrong...
12 hrs

freedom of expression offenc/se

Not a right in Anglo-Am countries and wide enough to encompass the list mentioned, plus blasphemy, sedition and incitement to disaffection of troops.
Example sentence:

More generally, it has been held that where a public order offence has the effect of detracting from freedom of expression, this must be shown to be ...

Something went wrong...
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