Glossary entry (derived from question below)
Italian term or phrase:
contraddittorio
English translation:
counter arguments
Italian term
United States
US English - native. Published author.
Native in: English 
Works in: French to English, Italian to English, Spanish to English
contraddittorio
I am translating a court document. It is an appeal and the lawyer for the defense is referring to a contraddittorio.
I have seen it in ProZ yet I am not sure I agree with what I have see thus far.
I am wondering if the best translation might be "counter argument" but am not sure.
Here is the context:
...ma che anche il Giudice resti vincolato in modo particolarmente intenso alle ragioni a favore e contro una determinata decisione articolate dalle parti. Solo in questo modo può realizzarsi un corretto rapporto tra contraddittorio, giudizio e sua giustificazione in sede di redazione dei grounds della decisione, che risulti rispettoso non solo delle finalità ontologiche dei diversi momenti del processo, ma anche, in definitiva, della impartiality del Giudice.
Any help would be greatly appreciated!
Thanks!
Michael
Non-PRO (1): TechLawDC
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Proposed translations
Italy
Responsive. Resourceful. Results.
Native in: English (Variant: US)
Works in: Italian to English, German to English
cross-examination
| agree |
Cedric Randolph
: Yes. This is the most common meaning of the term
1 hr
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| disagree |
VStorke
: Absolutely not cross-examination or counter arguments. Contraddittorio is the hearing where all parties are heard, where they have an equal opportunity to defence, also known as the adversarial procedure. Controinterrogatorio is cross-examination.
3 days 18 hrs
|
Austria
Retd.T&I, Barrister & Austro-Advokat
Native in: English (Variants: Scottish, British) 
Works in: Spanish to English, English to Spanish, French to English, and 5 more.
between adversarial (inter partes) process
Adversarial 'posturing' between Counsel contrasts with inquisitorial questioning by the judge.
Be that as it may, an *inter partes* vs. ex parte option (E&W civ. justice: on notice vs. without notice) may need to be considered.
| agree |
CristianaC
: more general meaning and better fit in context
7 hrs
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|
Grazie and thanks! I've never seen 'le principe du contradictoire' in FRE used with any other 'due process'/ 'audi alteram partem' meaning.
|
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| agree |
martini
1 day 10 hrs
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Thanks and grazie once again!
|
Italy
fast and reliable - Also a lawyer
Native in: English , Italian
Works in: English to Italian, Italian to English
the arguments of the parties involved
Therefore "contraddittorio" means that the parties were in a position to argue theit respective points of view and offer means of proof.
the adversarial procedure between the parties, in the record and before the Court
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Note added at 1 day 14 hrs (2020-03-25 08:57:41 GMT)
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(Asker has narrow concept of what translation is, not typical of experienced translators. When 1 word does not suffice for a translation, it is my practice, at least, to search for the equivalent, in however many words I deem necessary. This question is about an extremely common term that a legal translator will encounter quite frequently.)
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Note added at 1 day 20 hrs (2020-03-25 15:24:28 GMT)
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(Since the Asker has such impressive qualifying credentials (ex legal credentials), I am not going to put him on a Block list, as I might otherwise have been inclined to do.)
| i posted the query for a translation of the term, not an explanation. |
| I have been translating for 35 years, have a PdD in Linguistics with a focus on morphology and syntax. Your subtle condescension is unnecessary. |
Discussion