http://lizkabg.livejournal.com/ ([identity profile] lizkabg.livejournal.com) wrote in [community profile] ru_translate2009-03-09 05:57 pm

concurring opinion

Люди знающие,
В предложении
A member of the composition who does not agree with the decision of the majority, shall sign the decision by concurring opinion which shall be motivated.
это следует перевести как особое мнение или совпадающее мнение?
Заранее большое всем спасибо!
ext_556677: (Default)

[identity profile] weird-penguin.livejournal.com 2009-03-09 06:20 pm (UTC)(link)
What's wrong with this definition:

In law, a concurring opinion is a written opinion by some of the judges of a court which agrees with the majority of the court but might arrive there in a different manner. In a concurring opinion, the author agrees with the decision of the court but normally states reasons different from those in the court opinion as the basis for his or her decision.

?

It may sound glib as I know next to nothing about the subject but it looks like the term in question indicates the disagreement with majority, although it's in style rather than in substance (result of the judgement vs the reasoning leading to it).

[identity profile] enigmata.livejournal.com 2009-03-09 06:35 pm (UTC)(link)
The original said, "who does not agree with the decision of the majority."
That is a dissent.
Someone who write a concurring opinion does agree with the decision of the majority, but diagrees with the grounds for the decisions.
ext_556677: (Default)

[identity profile] weird-penguin.livejournal.com 2009-03-09 06:36 pm (UTC)(link)
Got it, sorry.

[identity profile] sheb.livejournal.com 2009-03-09 10:11 pm (UTC)(link)
вот-вот, очень странно.

[identity profile] 5x6.livejournal.com 2009-03-10 02:29 am (UTC)(link)
Maybe they really meant a concurrint opinion, and the mistake was in the first half of the sentence: "who does not agree with the justification of the majority's decision"
or
"who does not fully agree with the decision of the majority" (I suppose in this case it could still be a concurring opinion).

[identity profile] enigmata.livejournal.com 2009-03-10 02:34 am (UTC)(link)
Since this was written by Bulgarians, we can only guess at what they meant.