retenir

[mlcorrad]

I would like to find a happy translation for the word "retenir" in

"ils ont retenu comme element moral 'la mise en danger.'" ("They have retained 'putting in danger as a moral element.'")

The problem is that "retained" in English implies that it had been a moral element in the past, and that they were keeping it. But if I am not mistaken in this context it is a new element, so that a better translation would be something like: "they have chosen to make 'putting in danger' a moral element."

Is it possible so to understand "retenir"?

Thanks in advance.

 

[la grive solitaire]

Hi mlcorrad,

Could you give a longer quote--perhaps the sentences before and after?

 

[KaRiNe_Fr]

It's strange as in your sentence "retenir" could be "to add" as a charge into this case... No?

 

[Cath.S.]

I suppose this is about a trial, so here is my timid try:
they decided/ considered "endangering (his son's welfare, public safety or whatever applies)" was a moral element

 

[mlcorrad]

OK, for la grive solitaire, here's more context:

"Les redacteurs du nouveau Code penal ont entendu aussi prendre en compte le dol eventuel lorsqu'ils ont retenu comme element moral "la mise en danger deliberee de la personne d'autrui."

It concerns the mental states that are part of the definition of crimes--intention, negligence, and so on. "La mise en danger" is a new member of that category, just added in the new Code. But "retenir" doesn't mean to add. So the question is how to give a precise translation of that word.

(The whole translation goes something like this: "The editors of the new criminal code meant also to take into account contingent intent (dol eventuel) when they ont retenu "deliberately putting others in danger" as a moral element.)

Thanks.

 

[mlcorrad]

It's strange as in your sentence "retenir" could be "to add" as a charge into this case... No?

Can "retenir" mean to add?

 

[KaRiNe_Fr]

Can "retenir" mean to add?

Yes, here, it can. They chose to add the new member in this category.
Egueule's proposal is certainely better in legalese I guess.

 

[mlcorrad]

"To add" will work fine if it is correct.

Thanks.

 

[deliadame]

Could it be "when they regarded xxx as a moral element" or "when they held xxx as a moral element" ?

 

[mlcorrad]

Actually, I would be more comfortable with either of those (held, regarded) than with any of the other suggestions. It's just that neither one seems an apt description of what a legislature (as opposed to a court, for example) does.

Thanks, though.