Discussion in 'Legal Terminology' started by evajimenezbcn, Oct 22, 2006.

  1. evajimenezbcn Member

    Spain, Spanish and Catalan
    Alguien sabría traducir "judicialización" al inglés? (Judicialización: acción y efecto de judicializar// Judicializar: Llevar por vía judicial un asunto que podría conducirse por otra vía, generalmente política.)


  2. frida-nc

    frida-nc Moduladora

    North Carolina
    English USA
    Es "judicialize."
  3. evajimenezbcn Member

    Spain, Spanish and Catalan
    Gracias, Frida.

    Entonces "judicialización" sería "judicialization"?
  4. frida-nc

    frida-nc Moduladora

    North Carolina
    English USA
    Supongo que sí, Eva.
    Suerte y saludos.
  5. pregunta80 Member

    Lima, Peru
    USA, English
    I know it is a late reply, but I would say that litigation works more than judicialization in the context described by Eva above. The latter isn't recognized by Word spell check or dictionary.com. A google search shows that people use this word, but perhaps more in academia. I do not believe that judicialize is a word, either. The correct verb is litigate.

    It depends on your audience. For example, advocacy does not have a direct translation in Spanish. In certain policy-level advocacy circles, however, people use and understand the word abogacía to mean advocacy, despite that abogacía means lawyering.
  6. frida-nc

    frida-nc Moduladora

    North Carolina
    English USA
    From the Oxford English Dictionary (complete 2-vol. edition, 1971)
    judicialize: v. trans., to treat judicially, arrive at a judgement or decision upon.

    "judicialization" did not appear, but I felt it was logical to suppose that it was also legitimate.
  7. hermenator

    hermenator Senior Member

    Maybe you should try "juridification", and see if the meaning matchs what you are looking for.
  8. dg_spain

    dg_spain Senior Member

    English - US
    Cross-checking this on Proz.com I see several suggestions to simply say "to take something to the courts" or "filing", whereas I didn't find the term at all in the Eurodicautom. I found neither "juridification" nor "judicialize/judicialization" on thefreedictionary.com, although I have faith in your source, frida_nc!
  9. hermenator

    hermenator Senior Member

    You're right, DG! Americans/British tend to be more practical than Latinamericans/Spaniards. Moreover, when it comes to law (Common law vs Civil Law).

    However, let's not forget we're not translating here just 2 different languages, but also 2 different mindsets, usages of trade, and legal systems.

  10. litiga8or

    litiga8or Senior Member

    Oregon, USA
    Rainy Oregon! USA
    Here's what I think.

    I think there is no one-word translation. In fact, I think the single-word translations suggested above are incorrect and misleading.

    If I understand correctly, "judicialización" happens when the courts do the work of the congress. Possible phrases which carry the sense and meaning could include:

    "to legislate from the bench" -- this term is negative; judges are supposed to judge, not legislate. Legislation belongs in the congress, not in the courtroom. But sometimes a judge is accused of "making a new law" or "legislating from the bench." Judges aren't supposed to be influenced by politics.

    "activist judge" -- this term is negative. It means the judge is changing the law and making up law when he isn't supposed to. It means the speaker disagrees with the judge's rulings and probably dislikes the judge. As lawyers, we must respect our judges. We cannot use bad words to speak about them or their rulings. But we can say "there are activitist judges on the state court". It means we think those judges are influenced by politics.

    "it is a matter for congress." This means the judge refuses to change a law or make a law. Sometimes it means he doesn't know what to do, or is afraid to do anything. Either way, when a judge writes "it is a matter best left to congress."

    These are some of the common ways we can express the idea of mixing up judging and politics.
  11. hermenator

    hermenator Senior Member

    I agree with litigator in regards to misleading word-by-word (literal) translations.

    Here's what the RAE dictionary says:
    judicializar- Llevar por vía judicial un asunto que podría conducirse por otra vía, generalmente política.
    judicialización- Acción y efecto de judicializar.

    Therefore, judicializar = take to/bring to/file before the courts.

    judicialización = taking to/bringing to/filing before the courts.

  12. mal67 Senior Member

    US - English
    I respectfully disagree.... Depending on the context, judicialization is an appropriate usage in English. Certainly in policy and academic settings, I have seen the phrase "judicialization of politics" used (increasingly) over the past decade or so, usually in contrast to the phrase "politicization of the judiciary".

    See, e.g. http://scholar.google.com/scholar?q...a=X&ei=CuFDUuWDJ-X07Aa-ioDwAw&ved=0CCgQgQMwAA

    I do agree, though, that this would not be the appropriate term to use when referring to a particular, concrete case; it is more an abstract concept. For a specific case, I would use the suggestions above (take to / bring / file before the court).
    Last edited: Sep 26, 2013
  13. hermenator

    hermenator Senior Member

    Thank you for disagreeing, mal67. Now, I also remember hearding both terms in Spanish recently.

    I believe you hit the jackpot this time. Thank u 4 your contribution!


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