decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books
Your contributions keep Groklaw going.
To donate to Groklaw 2.0:

Groklaw Gear

Click here to send an email to the editor of this weblog.


Contact PJ

Click here to email PJ. You won't find me on Facebook Donate Paypal


User Functions

Username:

Password:

Don't have an account yet? Sign up as a New User

No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
No mistake - one word with one root | 112 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
No mistake - one word with one root
Authored by: kuroshima on Friday, November 16 2012 @ 03:50 PM EST

Thanks for clearing that up. :)

Do the two words in Spanish equate, more or less, to the difference between the verb forms of prejudice and prejudge in English? Just a guess there - I don't have a reasonable understanding of Spanish, obviously, although I'm passable in French and once was so in Latin (and I am fluent in English, of course).

Damn english, using the same word for verb and noun forms ;)

I'll tell the truth, I'm not sure on the differences between those two verb forms. In my mind, to prejudice someone (in the non-legal meaning), means to instill prejudices (as in against X) in that someone, while to prejudge someone means to apply your own prejudices against that someone. If so, no, the difference between those two Spanish words is that one. "Prejuicio" (verb "prejuzgar") means to have preconceived ideas. "Perjuicio" (verb "perjudicar") means to damage, to hurt, to hinder. Damages, in the legal meaning, are called "daņos y perjuicios", and that means not only direct physical damages, but also indirect damages. Example: I crash my car against your shop. This causes you "daņos", as I've destroyed your property and "perjuicios", since I've hindered your commercial activity. As a verb form, "perjudicar" is (in)famous for appearing on tobacco boxes "El tabaco perjudica

seriamente a la salud" (tobacco seriously harms your health, though I'm sure this is enunciated differently on the other side of the pond). In fact, "perjuicio" has the same meaning as prejudice in "terminate with extreme prejudice".

It does seem to be a quirk of Spanish that the per- prefix replaced pre- in perjuicio, since per- and pre- have very different meanings in Latin (one means "away from" and the other "before").

Non-autoritative sources (the RAE I linked is the body responsible for defining what's correct Spanish) seem to believe that the per- in "perjuicio" comes from the latin per- (through, completely), so perjuicio would etymologically mean the fines and other results of having a trial go against you. I believe this is more like folk etymology, but the RAE can be wrong too,

It is not all that surprising that English and French have the same set of meanings for prejudice since the word came into English by way of Old French from Medieval Latin from Latin. I would expect that Spanish would have it's own derivation directly from Medieval Latin (which was quite a mess in terms of spelling and word formation compared to Latin, so maybe that explains the quirk).
Trust me, I know about how English took parts of French (and so you ended up with lamb and mouton) during the middle ages, when the Duke of Normandy as the ruler of England, and so French was the court language while English was the commoner language. Again it's interesting that in Catalan (a language that is closer to French than to Spanish, but that has taken a lot of vocabulary from Spanish - check the language families in the linked Wikipedia article) you have "perjudici" ("perjuicio") and "prejudici" ("prejuicio") too.
In any case, thanks for bringing it up. I find these kinds of discussions quite fascinating, and I always manage to learn something from them.
I hope I didn't bother anyone with this, as it is severely off topic here - then again, this is the off topic thread.

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )