The regulation of offences / Rechtsenglisch
am 20.02.2006 von http://transblawg.eu
The word regeln is used a lot in German legal texts. I’ve always been irritated to see it translated as regulate.
I recently received a query quoting a question ‘Is theft regulated by the common law in England and Wales?’
This is really confusing. Often regeln means to lay down, and in this case the questioner probably meant, ‘Is theft a common-law offence?’ or ‘Is theft defined by the common law?’ The answer would be ‘No, theft is a statutory offence. There are hardly any common-law offences in England today, but one of them is murder. And theft is defined in the Theft Act’.
But this sounds as if it meant ‘Does the common law influence the definition of theft?’ The answer to this is more difficult. On the one hand, every element of theft is further defined in case law, and I suppose this is a possible meaning of regulate. …
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