Glossary entry (derived from question below)
Spanish term or phrase:
ser juez y parte
English translation:
be judge in one\'s own cause
Added to glossary by
Robert Carter
May 14, 2019 02:50
5 yrs ago
6 viewers *
Spanish term
Mexico
Translating full-time since 1998
Native in: English (Variant: British) 
Works in: Spanish to English
ser juez y parte
Spanish to English
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phrases / idioms
I've wondered about this before, but I've never had to actually translate it.
There is common wisdom (on this forum and in some dictionaries) that translates it as "being judge and jury," but I don't think it's right because that simply means being dictatorial.
The idea in Spanish is more concerned with bias and conflicts of interest, in that it is not fair to the other party in a lawsuit if one side is also the judge.
Does anyone have an idiomatic expression for this, or even just a short way of expressing the concept?
I'm beginning to think that "conflict of interest" may be the neatest solution here. What do you think?
Thanks in advance.
There is common wisdom (on this forum and in some dictionaries) that translates it as "being judge and jury," but I don't think it's right because that simply means being dictatorial.
The idea in Spanish is more concerned with bias and conflicts of interest, in that it is not fair to the other party in a lawsuit if one side is also the judge.
Does anyone have an idiomatic expression for this, or even just a short way of expressing the concept?
I'm beginning to think that "conflict of interest" may be the neatest solution here. What do you think?
Thanks in advance.
Proposed translations
(English)
| 3 +4 | be judge in one's own cause |
Charles Davis
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| 5 | being judge and jury |
Katty Ossa
|
| 3 | fox guarding the henhouse |
Michele Fauble
|
Proposed translations
+4
20 mins
Selected
be judge in one's own cause
Maybe.
"The appellant argued that this resulted in the decision-maker being automatically disqualified because he was acting as judge in his own cause and/or that his position as Chief Executive of the TRA created an appearance of bias such as to vitiate the decision.
William Davis J rejected these arguments. He held that the ‘judge in one’s own cause’ principle only applies to judicial decisions, whereas this was an administrative decision by the Secretary of State made by reference to his ministerial duty."
https://www.blackstonechambers.com/news/lone-v-secretary-sta...
"Conflict of interest" is clearly the general idea, but I think it might be too broad; there are many possible kinds of conflict of interest.
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Note added at 28 mins (2019-05-14 03:18:47 GMT)
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Or even literally "judge and party", which has been suggested for this in a previous question (I should have looked before answering):
https://www.proz.com/kudoz/spanish-to-english/law-taxation-c...
This is from a NY Court of Appeal judgment, though admittedly a very old one (1850):
"
The first idea in the administration of justice is that a judge must necessarily be free from all bias and partiality. He can not be both judge and party, arbiter and advocate in the same cause."
https://casetext.com/case/oakley-v-aspinwall
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Note added at 55 mins (2019-05-14 03:45:54 GMT)
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But I prefer my first suggestion. It's one of those Latin legal maxims. Here's Lord Goff of Chieveley in the famous House of Lords case on Pinochet:
"Like my noble and learned friend, I am of the opinion that the principle which governs this matter is that a man shall not be a judge in his own cause--nemo judex in sua causa: see Dimes v. Grand Junction Canal (1852) 3 H.L.C. 759, 793, per Lord Campbell. As stated by Lord Campbell in that case at p. 793, the principle is not confined to a cause to which the judge is a party, but applies also to a cause in which he has an interest."
https://publications.parliament.uk/pa/ld199899/ldjudgmt/jd99...
http://www.duhaime.org/LegalDictionary/N/NemoJudexInParteSua...
"The appellant argued that this resulted in the decision-maker being automatically disqualified because he was acting as judge in his own cause and/or that his position as Chief Executive of the TRA created an appearance of bias such as to vitiate the decision.
William Davis J rejected these arguments. He held that the ‘judge in one’s own cause’ principle only applies to judicial decisions, whereas this was an administrative decision by the Secretary of State made by reference to his ministerial duty."
https://www.blackstonechambers.com/news/lone-v-secretary-sta...
"Conflict of interest" is clearly the general idea, but I think it might be too broad; there are many possible kinds of conflict of interest.
--------------------------------------------------
Note added at 28 mins (2019-05-14 03:18:47 GMT)
--------------------------------------------------
Or even literally "judge and party", which has been suggested for this in a previous question (I should have looked before answering):
https://www.proz.com/kudoz/spanish-to-english/law-taxation-c...
This is from a NY Court of Appeal judgment, though admittedly a very old one (1850):
"
The first idea in the administration of justice is that a judge must necessarily be free from all bias and partiality. He can not be both judge and party, arbiter and advocate in the same cause."
https://casetext.com/case/oakley-v-aspinwall
--------------------------------------------------
Note added at 55 mins (2019-05-14 03:45:54 GMT)
--------------------------------------------------
But I prefer my first suggestion. It's one of those Latin legal maxims. Here's Lord Goff of Chieveley in the famous House of Lords case on Pinochet:
"Like my noble and learned friend, I am of the opinion that the principle which governs this matter is that a man shall not be a judge in his own cause--nemo judex in sua causa: see Dimes v. Grand Junction Canal (1852) 3 H.L.C. 759, 793, per Lord Campbell. As stated by Lord Campbell in that case at p. 793, the principle is not confined to a cause to which the judge is a party, but applies also to a cause in which he has an interest."
https://publications.parliament.uk/pa/ld199899/ldjudgmt/jd99...
http://www.duhaime.org/LegalDictionary/N/NemoJudexInParteSua...
Note from asker:
| Very helpful, Charles. I did consider the literal "judge and party", but it doesn't seem to be a very well-known expression, so I'm not sure how clear it is by itself. The phrase "judge in one's own cause", however, is certainly more self-evident. |
Peer comment(s):
| agree |
Muriel Vasconcellos
3 hrs
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Many thanks, Muriel :-)
|
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| agree |
Rebecca Breekveldt
4 hrs
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Thanks, Rebecca :-)
|
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| agree |
Marina56
: Ok. Me gusta.
5 hrs
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Gracias, Marina :-)
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| agree |
AllegroTrans
13 hrs
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Thanks, Chris :-)
|
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| neutral |
philgoddard
: This is a good answer, but now that we have the context I don't think it fits.
1 day 1 hr
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Fair enough. I don't think I would use it in the context Robert has described; as I said in the discussion, my suggestion for that would be simply "interested party". I made an assumption about what Robert wanted which turned out to be wrong.
|
4 KudoZ points awarded for this answer.
Comment: "Even if this didn't quite fit the context I mentioned, this is actually what I was looking for to begin with, so thanks, Charles, and all who contributed."
4 hrs
Michele Fauble
United States
United States
Native in English
Specializes in field
United States
Native English
Native in: English
Works in: Norwegian to English, Danish to English, Swedish to English
Related KudoZ points
:
20
fox guarding the henhouse
An idiomatic expression for conflict of interest.
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Note added at 19 hrs (2019-05-14 22:30:40 GMT)
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@ Robert Carter
That was my thought when I posted my answer.
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Note added at 19 hrs (2019-05-14 22:30:40 GMT)
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@ Robert Carter
That was my thought when I posted my answer.
Note from asker:
| Great idea Michele, that hadn't occurred to me at all. Even though I don't think I'll be able to use it myself, I'm sure it would be appropriate in some circumstances. |
Peer comment(s):
| agree |
John Cutler
: This does seem like a reasonable answer based on the asker's explanation of the context: "The idea in Spanish is more concerned with bias and conflicts of interest..."
3 hrs
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thanks - See asker’s note about my suggestion.
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| disagree |
AllegroTrans
: wrong register entirely
8 hrs
|
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thanks - See asker’s note about my suggestion.
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| neutral |
MollyRose
: Not quite the same meaning. A fox guarding the henhouse would be like allowing a pedophile to babysit for you.
12 hrs
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thanks - See asker’s note about my suggestion.
|
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| neutral |
philgoddard
: I think this is the right register but the wrong meaning.
21 hrs
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thanks - But probably the closest idiomatic expression we have in English.
|
1 day 19 hrs
being judge and jury
i think you can use that, is very common and applicable to many different situations
Note from asker:
| Thanks, Katty, but as I mentioned in my question and in the discussion, "juez y parte" has an entirely different meaning. |
Discussion
The context relates to a process audit at a factory. In this instance, they're talking about signing certain forms. I'm having to fill in the blanks a little because the text doesn't mention specifics. They seem to be saying that a contractor who removes scrap from the plant has been the person signing the authorization form in both of the designated signature spaces (when one of the signatures, I presume, should be a disinterested third party), thereby making the contractor "juez y parte".
In the scenario I've outlined, I think the translation falls somewhere in between the two ideas suggested so far, because while I like Charles' idea for expressing this concept in a legal context, Michele's idea is far more identifiable to a broader audience, yet it's probably also too informal for my document.
Nemo judex in sua causa is in fact - in my experience - more commonly used in the UK legal profession, at the Bar and on the Bench. than Charles D's magnificent English rendering, but arcane to the broad masses whereas Michel F's idea certainly echoes 'gamekeeper turned poacher'.
"someone who makes all the decisions about something important, especially when other people think this is wrong.
Synonyms and related words:
disciplinarian, autocrat, dictator."
https://www.macmillandictionary.com/dictionary/british/judge...
Whereas "ser juez y parte" means:
"Estar implicado en un asunto, lo que dificulta o imposibilita mantener una actitud imparcial con respecto a él"
https://dle.rae.es/?id=MaZWBEH
"Judge summoned for jury duty at hearing he would conduct
[...]
The senior circuit judge, speaking at Salisbury crown court, disclosed the extraordinary coincidence of being summoned to sit as a juror in a hearing he would be conducting.
“I was selected for jury service here at Salisbury crown court for a trial starting 23 April,” he said. “I told the jury central summoning bureau that I thought I would be inappropriate, seeing I happened to be the judge and knew all the papers.
“They wrote back to me. They picked up on the fact I was the judge but said ‘Your appeal for refusal has been rejected but you could apply to the resident judge’, but I told them, ‘I am the resident judge’. I had to phone them up and they [eventually] realised it was a mistake.”
https://www.theguardian.com/law/2019/apr/16/judge-summoned-f...