Re: Brazil's Golden Law

Antonio

I hope you don't mind my butting in, but I would like to make some minor suggestions to make a couple of the translations sound a little more 'legalistic' from an English perspective (I am a barrister/internatinal lawyer, but one who has lived in both Brazil and Portugal -- and indeed, learned my Portuguese in Lisbon!).

Law n. 3.353 of May 13th, 1888

DECLARES SLAVERY EXTINCT IN BRAZIL.

First, the word 'extinct'. It is of course an accurate, literal translation of the word 'extinta', but it sounds very strange to an English legal ear. It is a word normally associated with the disappearance of an animal species. 'Abolished' is the usual word which is used in English legal documents relating to slavery, and indeed, in general English parlance in relation thereto.

I suppose one could also suggest a slight re-ordering of 'DECLARES SLAVERY EXTINCT IN BRAZIL' to 'SLAVERY DECLARED ABOLISHED IN BRAZIL' or, to maintain the use of the present tense in 'Declara', 'SLAVERY IS DECLARED ABOLISHED IN BRAZIL'. But from the point of view of it being a terse title of a Law 'SLAVERY DECLARED ABOLISHED IN BRAZIL' is probably better.


THE IMPERIAL PRINCESS REGENT, in the name of His Majesty the Emperor,
the Lord D. PEDRO II, makes known to all the subjects of the EMPIRE,
that the General Assembly has decreed, and She has assented to, the
following Law:

I think we also need to get the title right, and my understanding is that, in English, it is more correct to call her the 'Princess Imperial', in much the same way as the crown prince in Portugal was the 'Prince Royal' (Principe Real). 

Art. 1o. As of the date of this law, slavery is declared extinct in
Brazil.

This could also read "declared to be abolished". 

Art. 2o. All provisions to the contrary notwithstanding [literally: All
provisions to the contrary are reppealed].

In Art. 2, your alternative wording is better from an English legal perspective, and also -- as you note -- literally translates the original: "All provisions to the contrary are repealed [OR 'revoked']."


She commands, therefore, to all authorities to whom the knowledge and
the execution of the said Law pertains, to carry it out and to see that
it is carried out and observed [literally: kept, or preserved], as
fully as in its contents.

"She commands, therefore, all authorities" -- deleting 'to'. I would also use the legalistic "implement" and "implemented" instead of the nonetheless correct, but more chatty, 'carry it out and see that it is carried out'. And I would substitute 'to its full extent as contained herein' instead of 'as fully as in its contents'. 

The Secretary of State of the Affairs of Agriculture, Trade and Public
Works, and acting [secretary] of Foreign Affairs, bachelor Rodrigo
Augusto da Silva, one of His Majesty the Emperor's Council, is to make
it [the Law] be printed, published and circulated.

I would use the English legal mandatory "...shall have it printed, published and circulated/[distributed]" or "shall ensure its printing, publication and circulation/[distribution]'. And I think it would be less confusing in English to give him, as David Pritchard has done, his educational title as 'Graduate' (with a capital to make it clear it is a title?), instead of 'bachelor'. Even if you used a capital with the latter, it would still sound more to an English ear that his civil status (married or single) is what is being referred to! 

Given at the Palace of Rio de Janeiro, May 13th, 1988, 67th of the
Independence and of the Empire.
Apart from the typo of '1988' (when I was actually living in Brasilia!), it would be correct in English to say '67th year of Independence and of the Empire' to fill in the apparent lacuna in the Portuguese. In fact, the way '67o' appears, made me almost wonder whether the Law might originally read, or have been meant to read, "13 de maio do ano 1888, 67o da Independência..." 

(signed) IMPERIAL PRINCESS REGENT

(counter-signed) Rodrigo Augusto da Silva.


Cheers

Ken Berry






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