Application and interpretation of law
interpretation的用法
interpretation的用法一、interpretation的基本用法“interpretation”主要用作名词，有以下几种基本含义：1. 解释；说明。
例如：The interpretation of this law is veryplex.（对这项法律的解释非常复杂。
）2. 演绎；演奏方式；表演方式。
如：His interpretation of the symphony was quite unique.（他对这首交响曲的演绎相当独特。
）二、interpretation的固定搭配1. give an interpretation (of)：作出（对……的）解释。
例如：The expert gave an interpretation of the ancient text.（专家对古代文本作出了解释。
）2. different interpretations：不同的解释。
例如：There are different interpretations of this historical event.（对这个历史事件有不同的解释。
）3. literal interpretation：字面解释。
例如：A literal interpretation of this poem may miss its deeper meaning.（对这首诗的字面解释可能会错过其更深层次的含义。
）4. subjective interpretation：主观解释。
例如：Your subjective interpretation might not be the same as others'.（你的主观解释可能和其他人的不一样。
）三、双语例句1. I heard your interpretation of that dream, but I think mine makes more sense. 我听了你对那个梦的解释，但我觉得我的更合理。
用英语介绍法学专业
用英语介绍法学专业The study of law, commonly known as the field of legal studies or jurisprudence, is an academic discipline that focuses on the understanding and application of legal principles and systems. Law plays a crucial role in modern society, governing the behavior and interactions of individuals, businesses, and governments. Here is an introduction to the field of law:Legal studies encompass a broad range of subjects, including constitutional law, criminal law, civil law, international law, administrative law, and more. Students pursuing a law degree or studying legal studies gain a comprehensive understanding of legal concepts, legal reasoning, and the mechanisms of the legal system.One of the key objectives of studying law is to develop analytical and critical thinking skills. Law students learn how to interpret statutes, analyze case law, and apply legal principles to solve complex legal problems. They also acquire effective research skills, as they often need to delve into legal precedents and sources to make informed arguments and decisions.Furthermore, studying law fosters the ability to effectively communicate and articulate ideas. Lawyers and legal professionals must be able to present their arguments persuasively in both oral and written formats, such as through legal briefs, court presentations, or negotiations. Law students are often required to engage in moot court exercises, debates, and legal writing assignments to enhance their communication skills.Beyond the classroom, law students have access to diverse career options. Some pursue careers as attorneys, advocates, or judges, while others may work in legalresearch, policy-making, or corporate legal departments. The study of law also facilitates the development of a strong ethical compass, as students learn about professional responsibility, legal ethics, and the importance of upholding justice and the rule of law.In conclusion, studying law provides students with a deep understanding of legal principles, sharp analytical abilities, effective communication skills, and a foundation for engaging in legal practice or related fields. It is a field that demands intellectual rigor, promotes justice, and contributes to the functioning of society.。
法律分析英语作文
法律分析英语作文Title: An Analysis of Legal Issues in English Law。
Introduction:In this essay, we will delve into the complexities of English law, focusing on legal analysis in English. Through the examination of various legal principles, case studies, and statutes, we aim to provide a comprehensive understanding of the application of law in English jurisprudence.1. Legal Framework in English Law:English law operates within a framework that encompasses common law, statutory law, and precedents. The common law system relies heavily on judicial decisions and precedents set by higher courts, which serve as binding authority in similar cases. Statutory law, on the other hand, consists of laws enacted by Parliament, which arecodified and enforceable throughout the country.2. Case Analysis:One prominent area of English law is contract law, which governs agreements between parties. In the landmark case of Carlill v. Carbolic Smoke Ball Company (1893), the court established the principle of unilateral contracts, wherein acceptance of an offer through performance constitutes a binding contract. This case exemplifies the importance of legal precedent in shaping contractual relationships.3. Legal Interpretation:Interpretation of statutes plays a crucial role in English law, as it determines the application and scope of legislation. The "literal rule" suggests that statutes should be interpreted according to their plain meaning, as demonstrated in the case of Whiteley v. Chappell (1868). However, the "mischief rule" and the "golden rule" provide flexibility in interpretation to ensure justice and equityin specific cases.4. Judicial Precedent:The doctrine of judicial precedent, or stare decisis, holds that courts must follow the decisions of higher courts in similar cases. This principle ensures consistency and predictability in the application of law. However, courts may depart from precedent in certain circumstances, such as when a previous decision is found to be wrongly decided or outdated.5. Application of Equity:Equity serves as a supplement to common law, providing remedies and principles of fairness in cases where strict application of the law may lead to injustice. The equitable maxim "equity follows the law" highlights the relationship between common law and equity, emphasizing the importance of equitable principles in legal decision-making.6. Legal Analysis in Practice:In practice, legal analysis involves the application of legal principles to specific factual scenarios. Thisprocess requires careful consideration of relevant statutes, precedents, and equitable principles to arrive at a reasoned conclusion. Legal reasoning involves logical deduction, analogical reasoning, and consideration ofpolicy implications.7. Conclusion:In conclusion, English law embodies a rich legaltradition characterized by common law principles, statutory enactments, and equitable remedies. Legal analysis in English law requires a nuanced understanding of precedent, statutory interpretation, and equitable principles. Through the examination of case law and legal doctrines, we gain insight into the complexities of the English legal system and its application in resolving legal disputes.This essay has provided a comprehensive analysis oflegal issues in English law, highlighting the importance oflegal principles, precedents, and equitable remedies in the administration of justice.。
法律案件英语作文
法律案件英语作文Title: Understanding Legal Cases: An Insightful Analysis。
In the realm of legal proceedings, cases serve as pivotal junctures where justice is weighed and decisions are made. Whether in criminal or civil law, the intricacies of each case demand a thorough examination to ensure fairness and equity. In this essay, we delve into the nuances of legal cases, exploring their significance, processes, and outcomes.First and foremost, legal cases are fundamentally about resolving disputes and upholding the rule of law. They represent the culmination of grievances, conflicts, or violations that require judicial intervention. Within the framework of a legal case, parties present their arguments, evidence is scrutinized, and judgments are rendered based on the applicable laws and precedents.One crucial aspect of legal cases is the adversarial nature of the proceedings. Parties involved, such as plaintiffs and defendants, each advocate for their respective positions, striving to persuade the judge orjury of the validity of their claims. This adversarial process fosters a robust examination of facts and legal principles, ultimately contributing to the integrity of the judicial system.Furthermore, legal cases follow a structured process designed to ensure fairness and procedural regularity. From the initiation of the case through discovery, motions, hearings, and trial, each stage serves a specific purposein elucidating the truth and reaching a just resolution. Key procedural safeguards, such as the right to legal representation, the presumption of innocence, and the opportunity to present evidence and witnesses, underscore the commitment to due process.In addition to procedural aspects, the substance of legal cases often revolves around the interpretation and application of laws. Whether statutory or common law, legalprinciples provide the framework for analyzing the merits of a case and rendering a decision. Judges play a pivotal role in interpreting laws, weighing precedents, and issuing rulings that shape the legal landscape and set precedents for future cases.Moreover, legal cases have far-reaching implications beyond the immediate parties involved. Precedents established in landmark cases can influence future interpretations of the law, shaping legal doctrines and societal norms. For instance, landmark decisions in civil rights cases have been instrumental in advancing equality and justice, leaving a lasting impact on the fabric of society.It is essential to recognize that legal cases are not merely abstract exercises in jurisprudence but have tangible effects on individuals, communities, and institutions. The outcomes of cases can profoundly impact the lives of those involved, from securing compensation for victims of injustice to holding wrongdoers accountable for their actions. Furthermore, legal precedents serve asguiding principles for resolving similar disputes in the future, contributing to the evolution of the legal system.In conclusion, legal cases represent the cornerstone of the judicial process, where disputes are adjudicated,rights are vindicated, and justice is served. Through a meticulous examination of facts, application of laws, and adherence to procedural safeguards, legal cases uphold the principles of fairness, equity, and the rule of law. As society navigates the complexities of legal issues, understanding the dynamics of legal cases is imperative for fostering a just and harmonious society.。
法律英语基础词汇
合同翻译时，尤其是翻译商务合同时，常常由于选词不当而寻致词不达意或者意思模棱两可，有时甚至表达的是完全不同的含义。
因此了解与掌握极易混淆的词语的区别是极为重要的，是提高合同翻译质量的关键因素之一，现把常用且易混淆的七对词语，用典型实例论述如下。
一、abide by 与 comply withabide by 与 comply with 都有“遵守”的意思．但是当主语是“人”时，英译“遵守”须用 abide by。
当主语是非人称时，则用 comply with 英译“遵守”。
例：Both parties Shall abide by the contractual stipulations.双方都应遵守合同规定。
All the activities of both parties shall comply with the contractual stipulations.双方的一切活动都应遵守合同规定二、shipping advice 与 shipping instructionsshipping advice 是“装运通知”，是由出口商（卖主）发给进口商（买主）的。
然而 shipping instructions 则是“装运须知”，是进口商（买主）发给出口商（卖主）的。
另外要注意区分delivery note (送货回执) 与delivery order （交货单），vendor（卖主）与 vendee（买主），consignor（发货人）与 consignee （收货人）。
上述这四对词语在英译时、极易发生笔误。
三、change A to B 与 change A into B“把 A 改为 B”应该翻译成“change A to B”，而“把 A 折合成/兑换成 B”应该翻译成用“change A into B”，两者不可混淆。
例：交货期改为 5 月并将人民币折合成美元。
Both parties agree that change the time of shipment to June and change Renminbi into US dollar.四、ex/per/by源自拉丁语的介词 ex 与 per 有各自不同的含义。
法律适用通则法译文(2篇)
第1篇第一章总则第一条为了规范法律适用，保障法律的正确实施，维护国家法律尊严，保障公民、法人和其他组织的合法权益，根据宪法，制定本法。
第二条本法所称法律适用，是指国家机关、社会团体、企业事业单位和其他组织及其工作人员，在执行职务、处理事务过程中，依据法律规定，对法律规范的具体适用。
第三条法律适用应当遵循以下原则：（一）依法原则；（二）公正原则；（三）公开原则；（四）便民原则；（五）效率原则。
第四条法律适用应当尊重和保障人权，维护社会公平正义。
第五条国家机关、社会团体、企业事业单位和其他组织及其工作人员，在法律适用过程中，应当严格遵守法律，不得滥用职权，不得侵犯公民、法人和其他组织的合法权益。
第六条本法适用于中华人民共和国境内的法律适用活动。
第二章法律规范的适用第七条法律规范的适用，应当遵循以下程序：（一）明确法律规范；（二）确定适用范围；（三）分析法律规范内容；（四）解释法律规范含义；（五）选择适用法律规范。
第八条法律规范的适用，应当以法律、行政法规、地方性法规、规章等规范性文件为依据。
第九条法律规范的具体适用，应当结合案件事实、法律原则、法律精神、立法目的等因素，进行综合分析。
第十条在法律适用过程中，如果存在两个以上法律规范，应当根据以下原则选择适用：（一）上位法优于下位法；（二）新法优于旧法；（三）特别法优于一般法。
第十一条在法律适用过程中，如果法律规范之间存在矛盾或者不明确，应当采取以下措施：（一）按照立法原意解释；（二）参照相关法律法规；（三）参照国际惯例。
第三章法律解释第十二条法律解释是指对法律规范含义的阐明。
第十三条法律解释的机关和人员：（一）全国人民代表大会常务委员会；（二）最高人民法院、最高人民检察院；（三）国务院及其部门；（四）省、自治区、直辖市人民代表大会及其常务委员会；（五）省、自治区、直辖市高级人民法院、人民检察院。
第十四条法律解释应当遵循以下原则：（一）尊重法律原意；（二）符合立法目的；（三）维护法律尊严；（四）保持法律稳定。
法律在社会生活中的作用英语作文
法律在社会生活中的作用英语作文全文共3篇示例，供读者参考篇1The Role of Law in Social LifeLaws are the foundation upon which a well-functioning society is built. They serve as a set of rules and regulations that govern human behavior, ensuring order, justice, and the protection of individual rights. From the moment we wake up until we go to bed, the influence of law permeates every aspect of our lives, shaping the way we interact with others and the world around us.One of the primary roles of law in social life is to maintain order and stability. Without a legal framework in place, society would descend into chaos, with individuals acting solely in their own self-interest, disregarding the well-being of others. Laws establish boundaries and set expectations for acceptable behavior, deterring actions that could harm others or disrupt the peace. Traffic laws, for instance, ensure that vehicles operate in an orderly and predictable manner, reducing the risk of accidents and promoting safety on the roads.Beyond maintaining order, laws also serve to protect individual rights and freedoms. In a democratic society, citizens are granted fundamental rights, such as freedom of speech, freedom of religion, and the right to due process. Laws enshrine these rights, ensuring that they are upheld and safeguarded against infringement. Without legal protections, these liberties could be easily violated, leading to oppression and the erosion of civil liberties.Moreover, laws play a crucial role in promoting social justice and equality. Historically, laws have been instrumental in addressing discrimination and ensuring equal opportunities for all members of society, regardless of race, gender, or socioeconomic status. Anti-discrimination laws, for instance, prohibit unfair treatment in areas such as employment, housing, and education, creating a more level playing field and fostering a more inclusive society.In the realm of economic activity, laws are essential for regulating businesses, protecting consumers, and fostering a fair and competitive marketplace. Consumer protection laws, for example, safeguard individuals from deceptive or harmful business practices, ensuring that products and services meet certain standards of quality and safety. Antitrust laws, on theother hand, prevent monopolistic practices and promote competition, ultimately benefiting consumers through lower prices and greater innovation.Laws also play a vital role in protecting the environment and promoting sustainable practices. Environmental regulations aim to mitigate the negative impact of human activities on the natural world, addressing issues such as pollution, deforestation, and the depletion of natural resources. By establishing guidelines and penalties for environmental violations, these laws encourage businesses and individuals to adopt moreeco-friendly practices, thereby contributing to the long-term preservation of our planet.Furthermore, laws facilitate the resolution of disputes and conflicts that inevitably arise in any society. The judicial system, governed by a comprehensive legal framework, provides mechanisms for resolving disagreements in a fair and impartial manner. Through civil and criminal proceedings, laws ensure that justice is served, and that those who violate the rights of others are held accountable for their actions.While the primary function of laws is to regulate human behavior and interactions, they also serve an educational and preventative role. By clearly defining what is acceptable and whatis not, laws raise awareness and promote ethical conduct. For instance, laws prohibiting discrimination not only punish discriminatory acts but also educate individuals about the importance of respecting diversity and fostering inclusivity.It is important to acknowledge, however, that laws are not static and unchanging. As society evolves and new challenges emerge, laws must adapt to reflect changing societal values, norms, and technological advancements. Laws are constantly being revised, amended, or introduced to address emerging issues, such as cybercrime, privacy concerns, and the regulation of emerging technologies like artificial intelligence and genetic engineering.Despite their importance, laws are not perfect, and their enforcement and interpretation can sometimes be subject to human biases and flaws. It is essential to have robust systems of checks and balances, as well as an independent judiciary, to ensure that laws are applied fairly and impartially, without discrimination or undue influence.In conclusion, the role of law in social life is multifaceted and far-reaching. Laws serve as the bedrock of a well-functioning society, providing order, protecting individual rights, promoting social justice, regulating economic activities, safeguarding theenvironment, and facilitating the resolution of disputes. While not infallible, laws are essential for maintaining a stable, fair, and just society, and their continuous evolution is necessary to address the ever-changing dynamics of the world we live in.篇2The Role of Law in SocietyLaws are an integral part of every society, serving as the backbone that governs and regulates human behavior, interactions, and institutions. As students, we may often view laws as restrictive rules imposed upon us, but upon closer examination, we can appreciate the profound impact they have on maintaining order, protecting rights, and facilitating progress within our communities.Firstly, laws play a crucial role in establishing and preserving social order. Without a well-defined legal framework, chaos and anarchy would prevail, leading to a breakdown of societal structures. Laws act as a set of guidelines that define acceptable behavior, outline consequences for violations, and provide a mechanism for resolving conflicts. By adhering to these established rules, individuals can coexist peacefully, respecting one another's rights and responsibilities.One of the fundamental purposes of law is to safeguard the rights and freedoms of individuals within a society. Laws enshrine fundamental human rights, such as the right to life, liberty, and the pursuit of happiness, ensuring that these inherent entitlements are protected and upheld. Additionally, laws aim to prevent discrimination and promote equality, creating a level playing field for all members of society, regardless of their race, gender, religion, or socioeconomic status.Furthermore, laws play a vital role in regulating economic activities and fostering a stable business environment. Commercial laws govern contracts, property rights, taxation, and intellectual property, providing a framework for fair and ethical business practices. This legal certainty encourages entrepreneurship, innovation, and investment, ultimately contributing to economic growth and development.In the realm of criminal justice, laws serve as a deterrent against criminal activities and ensure that those who violate societal norms are held accountable for their actions. The existence of a well-defined criminal justice system, with clear laws and appropriate penalties, discourages individuals fromengaging in harmful or illegal behaviors, thereby promoting public safety and social stability.Beyond establishing order and protecting rights, laws also facilitate societal progress and adaptation to changing circumstances. As societies evolve and face new challenges, laws can be amended or introduced to address emerging issues. For instance, laws related to environmental protection, consumer rights, and technological advancements are continuously updated to keep pace with the ever-changing world around us.However, it is essential to acknowledge that laws are not static or infallible. They are subject to continuous evaluation, debate, and reform to ensure they remain relevant, just, and aligned with the values and needs of society. The process of lawmaking and interpretation is an ongoing dialogue between lawmakers, legal experts, and the general public, allowing for the growth and refinement of the legal system over time.As students, we have a unique opportunity to engage with the concept of law from multiple perspectives. In our studies, we may analyze the historical origins and philosophical underpinnings of laws, examine case studies that highlight their practical applications, or delve into the intricacies of legal reasoning and interpretation.Moreover, by actively participating in discussions and debates surrounding legal issues, we can develop critical thinking skills, hone our persuasive abilities, and gain a deeper understanding of the intricate interplay between law and society.In conclusion, the role of law in society is multifaceted and indispensable. Laws serve as the foundation for maintaining social order, protecting individual rights, fostering economic development, and promoting justice and accountability. While laws may sometimes be perceived as restrictive, they ultimately contribute to the greater good of society by providing a framework for peaceful coexistence, progress, and the protection of fundamental human values. As future leaders and citizens, it is our responsibility to engage with the legal system, understand its complexities, and strive to uphold the principles of justice, equality, and the rule of law.篇3The Role of Law in SocietyLaws are an integral part of any civilized society. They serve as the foundation that upholds social order, protects individual rights, and ensures a fair and just system for all citizens. As a student, I have come to appreciate the significance of law inregulating various aspects of our daily lives, from the way we interact with one another to the manner in which businesses operate and governments function.At its core, the primary function of law is to maintain order and stability within a society. Without a comprehensive legal framework, chaos would ensue, and the strong would oppress the weak. Laws establish clear boundaries and guidelines for acceptable behavior, deterring individuals from engaging in activities that could harm others or disrupt the peace. By defining what constitutes a crime and outlining the corresponding penalties, the law serves as a deterrent, discouraging people from engaging in unlawful acts that could jeopardize the well-being of the community.Moreover, laws play a crucial role in protecting the fundamental rights and liberties of individuals. The concepts of freedom of speech, freedom of religion, and the right to due process are all enshrined in legal statutes, safeguarding citizens from arbitrary government action or infringement upon their civil liberties. These laws ensure that every individual is treated equally before the law, regardless of their race, gender, or socioeconomic status, fostering a sense of fairness and justice within society.Another vital aspect of law is its ability to regulate economic activities and facilitate commerce. Contract law, for instance, provides a framework for parties to enter into legally binding agreements, ensuring that obligations are met and disputes are resolved in a fair and transparent manner. Property laws protect the rights of individuals and businesses to own and transfer assets, promoting economic growth and investment. Without such legal protections, the free market would be subject to chaos and uncertainty, hindering economic progress.Furthermore, laws play a significant role in shaping societal values and promoting ethical behavior. Environmental laws, for instance, aim to protect our planet's natural resources and promote sustainability, reflecting society's concern for thewell-being of future generations. Labor laws safeguard the rights of workers, ensuring fair wages, safe working conditions, and protection from exploitation. These laws not only regulate specific activities but also reflect the moral and ethical principles that a society holds dear.Despite the numerous benefits of law, it is crucial to acknowledge that the legal system is not without its flaws. Laws can sometimes be outdated, failing to keep pace with the rapidly changing societal norms and technological advancements.Additionally, the interpretation and application of laws can be subject to bias or influence, leading to inconsistencies and injustices. It is, therefore, essential for the legal system to remain dynamic and adaptive, continually evolving to address emerging challenges and ensure that justice is served impartially.As a student, I have had the opportunity to study various aspects of law, from constitutional principles to criminal law and civil procedures. This exposure has deepened my understanding of the vital role that law plays in shaping our society and ensuring that it functions effectively. I have come to appreciate the intricate balance that must be struck between individual freedoms and the collective well-being of society, and the delicate interplay between laws and societal values.In conclusion, the role of law in society cannot be overstated. It serves as the foundation upon which our civilization is built, providing a framework for order, justice, and economic prosperity. While the legal system is not perfect, it remains an essential component of a well-functioning society, constantly evolving to meet the changing needs and aspirations of its citizens. As a student, I am committed to studying and understanding the complexities of law, for it is through thisknowledge that we can work towards creating a more just, equitable, and harmonious society for all.。
并行适用法律英语(2篇)
第1篇Abstract:In the context of international commercial transactions, the application of parallel applicable laws is a crucial aspect that can significantly impact the rights and obligations of the parties involved. This paper aims to explore the concept of parallel applicable laws, their significance, and the challenges associated with their application. It also discusses the principles and approaches commonly used to determine the applicable laws in international contracts and provides practical insights for parties engaged in cross-border trade.Introduction:International commercial transactions involve parties from different jurisdictions, each with its own legal system and laws. The complexity arises when these parties enter into contracts that require the application of multiple laws. Parallel applicable laws refer to thelegal frameworks that concurrently govern the rights and obligations of the parties in an international contract. Understanding and navigating these laws is essential for the smooth operation of international business.Definition and Significance of Parallel Applicable Laws:Parallel applicable laws are those that are intended to regulate the same aspects of an international transaction. They may include the laws of the jurisdictions of the contracting parties, the law of the place of performance, and any other relevant international treaties or conventions. The significance of parallel applicable laws lies in several key aspects:1. Legal Certainty: Parallel applicable laws provide legal certainty by establishing clear rules for the interpretation and enforcement of contracts.2. Protection of Rights: They ensure that the rights of the parties are protected and that remedies are available in case of breach of contract.3. Prevention of Legal Conflicts: Parallel applicable laws help prevent legal conflicts by providing a framework for resolving disputes.4. Facilitation of International Trade: By ensuring legal certainty and predictability, they facilitate international trade and investment.Challenges in Applying Parallel Applicable Laws:The application of parallel applicable laws is not without its challenges. Some of the key challenges include:1. Jurisdictional Disputes: Determining which court has jurisdiction to resolve disputes arising from the contract can be complex.2. Choice of Law Clauses: Parties may have differing preferences regarding the applicable law, leading to potential conflicts.3. Cultural Differences: Legal systems vary widely across jurisdictions, leading to differences in interpretation and enforcement of laws.4. Legal Uncertainty: Some areas of law may not be well-defined, making it difficult to predict the outcome of disputes.Principles for Determining Applicable Laws:Several principles are commonly used to determine the applicable laws in international contracts:1. Intention of the Parties: The parties' intention regarding the governing law is often considered the primary factor.2. Place of Performance: The law of the place where the contract is to be performed is often considered applicable.3. Lex Mercatoria: The principles of commercial law recognized internationally are also used.4. Public Policy: The law of the forum state may be applied if it is contrary to public policy.Practical Insights for Parties Engaged in Cross-Border Trade:For parties engaged in cross-border trade, the following practical insights can be helpful:1. Clear Choice of Law Clauses: Include clear and specific choice of law clauses in contracts to avoid ambiguity.2. Legal Expertise: Consult with legal experts familiar with the laws of the relevant jurisdictions.3. Understanding Local Laws: Gain a basic understanding of the laws and legal systems of the jurisdictions involved.4. Dispute Resolution Mechanisms: Incorporate effective dispute resolution mechanisms in contracts, such as arbitration or mediation.Conclusion:Parallel applicable laws play a vital role in international commercial transactions by providing a framework for the rights and obligations of the parties. Understanding the principles and challenges associated with the application of these laws is essential for parties engaged in cross-border trade. By incorporating clear choice of law clauses, seekinglegal expertise, and understanding local laws, parties can navigate the complexities of parallel applicable laws and ensure the smooth operation of their international business ventures.第2篇IntroductionThe parallel application of laws refers to the simultaneous application of multiple legal systems in a particular legal relationship or case. This concept is particularly relevant in the globalized world where cross-border transactions, international cooperation, and migration have become increasingly common. This essay aims to explore the principles, challenges, and implications of parallel application of laws, with a focus on the English-speaking legal systems.I. Principles of Parallel Application of Laws1. Autonomy of Legal SystemsThe autonomy of legal systems is a fundamental principle in the parallel application of laws. Each legal system maintains its own jurisdiction, legal principles, and procedures, and should be respected and recognized in the process of parallel application.2. Conflict of LawsConflict of laws, also known as private international law, is the branch of law that deals with the resolution of legal disputes involving two or more legal systems. In the context of parallel application, conflict of laws principles are essential for determining which legal system should govern a particular legal relationship or case.3. Public PolicyPublic policy considerations play a significant role in the parallel application of laws. The choice of law should not result in a violation of fundamental principles of justice, morality, or public order in any of the involved legal systems.II. Challenges in Parallel Application of Laws1. Legal DiversityThe diversity of legal systems around the world poses a significant challenge in the parallel application of laws. Different legal systems may have varying rules, procedures, and enforcement mechanisms, makingit difficult to harmonize their application in a particular case.2. Jurisdictional ConflictsJurisdictional conflicts arise when two or more legal systems claim jurisdiction over the same legal relationship or case. Resolving these conflicts is crucial for ensuring the effective parallel application of laws.3. Enforcement IssuesEnforcing judgments or decisions rendered in one legal system in another system can be challenging. Differences in legal procedures, recognitionof foreign judgments, and enforcement mechanisms may hinder the parallel application of laws.III. Implications of Parallel Application of Laws1. Protection of Rights and InterestsThe parallel application of laws ensures that the rights and interestsof parties involved in a legal relationship are protected under the relevant legal systems. This promotes fairness and justice in cross-border disputes.2. Legal CertaintyBy applying multiple legal systems, the parallel application of laws enhances legal certainty. Parties can anticipate the legal consequences of their actions and make informed decisions in cross-border transactions.3. International CooperationThe parallel application of laws fosters international cooperation in legal matters. It encourages the exchange of legal principles, practices, and expertise among different legal systems, contributing to the development of global legal standards.IV. Case Studies1. Tort LawIn a case involving a cross-border tort, the court must decide whichlegal system should govern the liability and damages. This decision depends on the conflict of laws principles and the public policy considerations of the involved legal systems.2. ContractsIn contract disputes involving parties from different countries, the choice of law may depend on the parties' agreement or the conflict of laws rules applicable to the contract. The parallel application of lawsensures that the contract is governed by the most appropriate legal system.3. Family LawIn cases involving cross-border family relationships, the parallel application of laws is essential to determine the applicable legal system for issues such as child custody, spousal support, and property division.ConclusionThe parallel application of laws is a complex and multifaceted concept that plays a vital role in the globalized world. By respecting the autonomy of legal systems, addressing jurisdictional conflicts, and considering public policy concerns, the parallel application of laws can promote fairness, legal certainty, and international cooperation. As cross-border legal relationships continue to grow, the understanding and effective application of parallel application of laws will become increasingly important in ensuring justice and harmony among different legal systems.。
里格斯诉帕尔默案中英文对比
里格斯诉帕尔默案中英文对比The Riggs v. Palmer Case: A Comparative Analysis of the English and American PerspectivesThe Riggs v. Palmer case, decided in 1889, is a seminal legal case that has had a lasting impact on the interpretation and application of inheritance laws. The case involved a conflict between the strict interpretation of the law and the principles of equity and justice. The case was heard in both the United States and England, and the divergent rulings highlight the differences in the legal systems and the underlying philosophical approaches to the law.In the United States, the case was heard by the New York Court of Appeals, where the court was faced with the question of whether a grandson who had murdered his grandfather in order to inherit his estate should be allowed to benefit from his crime. The court ultimately ruled that the grandson was not entitled to inherit his grandfather's estate, despite the clear language of the will that would have granted him the inheritance.The court's decision was based on the principle of equity, which holds that the law should not be used to facilitate or rewardwrongdoing. The court reasoned that allowing the grandson to inherit would be a "perversion of the law" and would be contrary to the fundamental principles of justice and morality. The court's ruling was a departure from the strict interpretation of the law, which would have allowed the grandson to inherit his grandfather's estate.In contrast, the case was heard in England by the House of Lords, the highest court in the land at the time. The House of Lords took a different approach, ruling that the grandson was entitled to inherit his grandfather's estate despite his criminal act. The court's decision was based on a strict interpretation of the law, which held that the language of the will was clear and unambiguous and that the court had no authority to override the testator's wishes.The divergent rulings in the Riggs v. Palmer case highlight the fundamental differences between the legal systems of the United States and England. The United States' legal system is based on a common law tradition that emphasizes the importance of equity and the principles of justice, while the English legal system is based on a more formalistic approach that prioritizes the strict interpretation of the law.The Riggs v. Palmer case also illustrates the ongoing tension between the principles of equity and the rule of law. On one hand, the principle of equity holds that the law should be interpreted andapplied in a way that promotes justice and fairness. On the other hand, the rule of law holds that the law should be applied consistently and without regard for the individual circumstances of a case.The Riggs v. Palmer case has had a lasting impact on the development of inheritance law in both the United States and England. In the United States, the court's ruling in Riggs v. Palmer has been widely adopted and has become a cornerstone of the law of wills and trusts. The case has been cited in numerous subsequent cases and has been used to support the principle that the law should not be used to facilitate or reward wrongdoing.In England, the House of Lords' ruling in Riggs v. Palmer has also had a significant impact on the development of inheritance law. The case has been cited in subsequent cases and has been used to support the principle of strict interpretation of the law. However, the case has also been criticized by some legal scholars who argue that thecourt's decision was too formalistic and failed to take into account the principles of equity and justice.Overall, the Riggs v. Palmer case highlights the complex and often competing considerations that underlie the interpretation and application of the law. The case serves as a reminder that the law is not a static or rigid set of rules, but rather a dynamic and evolvingsystem that must be continually re-evaluated and adapted to changing social and ethical norms.。
法律相关英语
法律相关英语Law, as a field of study, is a system of rules and guidelines that governs the behavior of individuals and organizations within a society. It provides a framework for resolving disputes and maintaining order. The study and practice of law are critical for ensuring justice and upholding the rights of individuals.One important aspect of law is criminal law. Criminal law deals with offenses against society as a whole, such as murder, theft, and fraud. It establishes the punishment for these offenses and ensures that the guilty party is held accountable for their actions. Criminal law also protects individuals from false accusation and ensures that they are provided with a fair trial.Another crucial aspect of law is civil law. Civil law governs disputes between individuals or organizations and focuses on resolving conflicts and promoting justice between parties. It includes areas such as contract law, property law, and tort law. Civil law aims to compensate injured parties, restore their rights, and enforce the terms of a contract.Administrative law is another branch of law that deals with the actions and decisions made by government agencies. It ensures that administrative bodies act within their powers and do not exceed their authority. Administrative law also provides a mechanism for individuals to challenge decisions made by government agencies, ensuring that they receive fair treatment.Constitutional law is the study of the fundamental principles and structure of a government. It defines the powers and limitations ofthe different branches of government and guarantees certain fundamental rights to individuals. Constitutional law provides a framework for democracy and ensures that governments operate within the boundaries set by the constitution.International law is an important field that governs the relations between nations. It sets out rules and principles for states to follow in their interactions with one another. International law covers areas such as treaties, diplomatic relations, and human rights. It serves as a foundation for peaceful coexistence and cooperation among nations.The legal profession plays a crucial role in the interpretation and application of laws. Lawyers, judges, and legal scholars contribute to the development and enforcement of the law. They analyze legal issues, advocate for their clients, and ensure that justice is served. The legal profession requires a strong understanding of legal principles, effective communication skills, and the ability to critically analyze complex problems.Law as a field is constantly evolving to meet the changing needs of society. New laws are enacted, and existing laws are revised to reflect societal changes and advancements in technology. Legal professionals must stay up-to-date with these developments to provide effective legal solutions.In conclusion, law is a diverse and multifaceted field that encompasses various branches and areas of study. It ensures justice and order within society and protects the rights of individuals. The legal profession plays a critical role in interpreting and applyingthe law. As society evolves, so too does the law, adapting to new challenges and demands. Law is an essential component of a well-functioning society and provides the framework for resolving disputes and maintaining harmony.。
宪法与法治(英文版)
Dieter GrimmListe für China1. Constitutions, Constitutional Courts and Constitutional Interpretation at the Interface of Law and Politicsin: B. Iancu (ed.), The Law/Politics Distinction in Contemporary AdjudicationUtrecht 2009, S. 21 – 34(constitutional courts at the interface of law and politics 08-2008.doc)2. Constitutional Adjudication and Democracyin: M. Andenas (Hrsg.), Judical Review in International PerspectiveLiber Amicorum in Honour of Lord Slynn of Hadley Band IIDen Haag 2000, S. 103(constitutional adjudication lib.pdf)3. Political Parties(political parties engl fuer yale 07-2006)4. Levels of the Rule of Law(Levels of the rule of law final 15-12-09.doc)5. The Development towards a Rights-Oriented Legal Culture in Europe(rights-oriented legal culture china 03-2007.doc)6. Human Rights and Judicial Review in Germanyin: D. Beatty (Hrsg.), Human Rights and Judicial Review, Dordrecht 1994, S. 267(grimm human rights.pdf)7. Values in German Constitutional Law, Dennis Davis u.a. (Hrsg.) - noch nicht erschienen, (values in german const law Aenderungen 20-04-09.doc)8. Proportionality in Canadian and German Constitutional Jurisprudencein: University of Toronto Law Journal 57 (2007), S. 383 – 397(proportionality printversion 30-01-07.doc)9. The Protective Function of the Statein: G. Nolte (Hrsg.), European and US Constitutionalism, Cambridge (England) 2005,S. 137 – 155(protective function of the state 12-2004.doc)10. Civil Liberties in an Age of Terror(http://www.bertelsmann-stiftung.de/cps/rde/xbcr/SID-0A000F0A-935A2172/bst/Transatlantic%20Thinkers_Part_5_final.pdf)Dieter GrimmConstitutions, Constitutional Courts and Constitutional Interpretation at the Interface of Lawand PoliticsI.1. Before the end of World War II constitutional courts or courts with constitutional jurisdiction werea rarity. Although constitutions had been in place long before, a worldwide demand for constitutionaladjudication arose only after the experiences with the many totalitarian systems of the 20th century. The post-totalitarian constitutional assemblies regarded judicial review as the logical consequence ofconstitutionalism. In a remarkable judgment the Israeli Supreme Court said in 1995: "Judicial reviewis the soul of the constitution itself. Strip the constitution of judicial review and you have removed its very life… It is therefore no wonder that judicial re view is now developing. The majority of enlightened democratic states have judicial review… The Twentieth Century is the century of judicial review." (United Mizrahi Bank Ltd. v. Migdal Village, Civil Appeal No. 6821/93, decided 1995). Based on this universal trend the Israeli Court claimed the power of judicial review although it had not been explicitly endowed with it in the constitution.Yet, just as the transition from absolute rule to constitutionalism had modified the relationship between law and politics, this relationship was now modified by the establishment of constitutional courts. As long as law was regarded as being of divine origin politics were submitted to law. Political power derived its authority from the task to maintain and enforce divine law, but did not include the right to make law. When the Reformation undermined the divine basis of the legal order and led to the religious civil wars of the 16th and 17th century the inversion of the traditional relationship between law and politics was regarded as a precondition for the restoration of social peace. The political ruler acquired the power to make law regardless of the contested religious truth. Law became a product of politics. It derived its binding force no longer from God‘s will but from the ruler‘s will. It was henceforth positive law. Eternal or natural law, in spite of its name, was not law, but philosophy.Constitutionalism as it emerged in the last quarter of the 18th century was an attempt to re-establish the supremacy of the law, albeit under the condition that there was no return to divine or eternal law. The solution of the problem consisted in the reflexivity of positive law. Making and enforcing the law was itself subjected to legal regulation. To make this possible a hierarchy had to be established within the legal system. The law that regulated legislation and law-enforcement had to be superior to the law that emanates from the political process. Yet, since there was no return to divine law the higher law was itself the product of a political decision. But in order to fulfil its function of submitting politics to law it needed a source different from ordinary politics. In accordance with the theory that, in the absence of a divine basis of rulership the only possible legitimization of political power is the consent of the governed, this source was found in the people. The people replaced the ruler as sovereign, just as before the ruler had replaced God. But the role of the popular sovereign was limited to enacting the constitution while the exercise of political power was entrusted to representatives of the people who could act only on the basis and within the framework of the constitution.Hence, one can say that the very essence of constitutionalism is the submission of politics to law. This function distinguishes constitutional law from ordinary law in various respects. There is, first, a difference in object. The object of constitutional law is politics. Constitutional law regulates the formation and exercise of political power. The power holders are the addressees of constitutional law. Secondly, constitutional and ordinary law have different sources. Since constitutional law brings forth legitimate political power it cannot emanate from that same power. It is made by or attributed to the people. Consequently, the making of constitutional law differs, thirdly, from the making of ordinarylaw. It is usually a special body that formulates constitutional law and its adoption is subject to a special procedure in which either the people takes the decision or, if a representative body is called upon to decide, a supermajority is required.Fourthly, constitutional law differs from ordinary law in rank. It is higher law. In case of conflict between constitutional law and ordinary law or acts of ordinary law application constitutional law trumps. What has been regulated in the constitution is no longer open to political decision. Insofar, the majority rule does not apply. This does not mean a total juridification of politics. Such a total juridification would be the end of politics and turn it into mere administration. Constitutional law determines who is entitled to take political decisions and which procedural and substantive rules he has to observe in order to give these decisions binding force. But the constitution neither predetermines the input into the constitutionally regulated procedures nor their outcome. It regulates the decision-making process but leaves the decisions themselves to the political process. It is a framework, not a substitute for politics.Finally, constitutional law is characterized by a certain weakness compared to ordinary law. Ordinary law is made by government and applies to the people. If they do not obey government is entitled to use force. Constitutional law, on the contrary, is made by or at least attributed to the people as its ultimate source and applies to government. If the government does not comply with the requirements of constitutional law there is no superior power to enforce it. This weakness may differ in degree, depending on the function of the constitution. Regarding the constitutive function the structure of public power will usually conform to the constitutional arrangement. Regarding its function to regulate the exercise of political power this cannot be taken for granted. The historical and actual evidence is abundant.2. It was this weakness that gave rise to constitutional adjudication, in the United States soon after the invention of constitutionalism, in Europe and other parts of the world only after the collapse of the fascist and racist, socialist and military dictatorships beginning in the 1950s and culminating in the 1990s. Although many of these systems had constitutions their impact was minimal, and invoking constitutional rights could be dangerous to citizens. In the light of this experience constitutional courts were generally regarded as a necessary completion of constitutionalism. If the very essence of constitutionalism is the submission of politics to law, the very essence of constitutional adjudication is to enforce constitutional law vis-à-vis government. This implies judicial review of political acts including legislation. However, constitutional courts or courts with constitutional jurisdiction cannot fully compensate for the weakness of constitutional law. Since the power to use physical force remains in the hands of the political branches of government, courts are helpless when politicians refuse to comply with the constitution or disregard court orders.But apart from this situation, which is exceptional in a well-functioning liberal democracy with a deeply-rooted sense for the rule of law, it makes a difference whether a political system adopts constitutional adjudication or not. Even a government that is generally willing to comply with the constitution will be biased regarding the question what exactly the constitution forbids or requires in a certain situation. Politicians tend to interpret the constitution in the light of their political interests and intentions. In a system without constitutional adjudication usually the interpretation of the majority prevails. In the long run this will undermine the achievement of constitutionalism. By contrast, in a system with constitutional adjudication an institution exists that does not pursue political intentions, is not subject to election and specializes on constitutional interpretation in a professional manner. It is thus less biased and can uphold constitutional requirements vis-à-vis the elected majority. Even more important is the preventive effect of constitutional adjudication. The mere existence of a constitutional court causes the political majority to raise the question of the constitutionality of a political measure quite early in the political process and in a more neutral way. It observes its own political plans through the eyes of the constitutional court.Kelsen, whom the Israeli Supreme Court quotes approvingly in the Mizrahi opinion, may have exaggerated when he said that a constitution without constitutional adjudication is just like not having a constitution at all. There is a number of long-established democracies where the constitution mattersalthough no constitutional review exists. Here constitutional values have become part of the legal and political culture so that there is less need for institutionalized safeguards. But for the majority of states, in particular for those who turned toward constitutional democracy only recently, it is true that the constitution would not matter very much in day-to-day politics if it did not enjoy the support of a special agent that enforces the legal constraints to which the constitution submits politics. The small impact of fundamental rights before the establishment of judicial review proves this.However, the existence of a constitutional court alone is not sufficient to guarantee that politicians respect the constitution. Just as constitutionalism is an endangered achievement constitutional adjudication is in danger as well. Politicians, even if they originally agreed to establish judicial review, soon find out that its exercise by constitutional courts is often burdensome for them. Constitutions put politics under constraints and constitutional courts exist in order to enforce these constraints. Not everything that politicians find necessary – be it for themselves or their party, be it for what they deem good for the common interest – can be effectuated if the court sees it not in line with the constitution. Politicians therefore have a general interest in a constitutional court that, to put it mildly, is at least not adverse to their objectives and plans. But there is also a specific interest in the outcome of constitutional litigation on which the implementation of a certain policy depends.Yet, any political interference with the judicial process would undermine the whole system of constitutional democracy. This is why judges must be protected against political influence or pressure. The dividing line between the various organs of the state drawn by the principle of separation of powers is particularly strong where the judiciary is concerned. Independence of the judiciary is indispensable for the functioning of a constitutional system and is therefore itself in need of constitutional protection. If it is true that constitutional courts are helpless when political actors refuse to obey their orders, it is even more true that constitutional courts are useless when they cannot take their decisions independently from politics. The best protection of judicial independence is, of course, a deeply-rooted conviction on the side of politicians that any interference with court procedures is unacceptable, supported by a strong backing for the constitution within society. But this cannot be taken for granted. Rather, special safeguards are necessary. Judicial independence must be guaranteed, not only against any attempt to directly influence the outcome of litigation, but also against more subtle ways of putting pressure on the judiciary. This is why constitutions usually guarantee the irremovability of judges and often a sufficient salary, to mention only a few devices.A special problem in this context is the recruitment of judges of constitutional courts or courts with constitutional jurisdiction. Since these courts have a share in public power the judges need democratic legitimation. If they are not elected directly by the people, a circumstance which presents problems of its own regarding judicial independence, some involvement of the elected branches of government in the recruitment process seems inevitable. Yet, every involvement creates the temptation to elect or appoint deferential judges. Recruitment of judges is the open flank of judicial independence. A constitutional court that simply reflects political interests will hardly be able to keep the necessary distance from politics. Hence, safeguards against a politicization of the court are of vital importance.Most countries with constitutional adjudication have some special provisions for the election or appointment of constitutional judges. If they are elected by parliament often a supermajority, like the one required for amending the constitution, is prescribed. This means that majority and minority must agree on one candidate, which makes extreme partisan appointments unlikely. Other countries prefer a mixed system of election and appointment by dividing the right to select constitutional judges among different bodies of government. In others, non-political actors are involved in the process, for instance representatives of the legal profession. It may be difficult to determine which system is the best. But it is not difficult to see that some barriers against the threat of a politically docile constitutional court must be erected if constitutionalism is to live up to its aspirations.3. Judicial independence is the constitutional safeguard against the threat arising from politicians to the judges' proper exercise of their function. It is directed against attempts to induce judges not to apply the law but to bend to political expectations. This is an external threat. But it would be naïve toassume that this is the only threat the functioning of the constitutional system is exposed to. There is an internal threat as well that comes from the judges themselves. It comes in two forms. One is the inclination to voluntarily follow, for what reasons ever, political expectations or even party lines. The other is the temptation to adjudicate according to one‘s own political preferences or ideas of what is just and unjust instead of following constitutional standards. The constitutional guarantee of judicial independence protects judges against politics, but it does not protect the constitutional system and society against judges who, for other reasons than direct political pressure, are willing to disobey or distort the law.Therefore, external independence must be accompanied by internal independence. The constitutional guarantee of judicial independence is not a personal privilege to decide at will, but a functional requirement. It shall enable judges to fulfil their function, namely to apply the law irrespectively of the interests and expectations of the parties to the litigation or powerful political or societal forces. It frees judges from extra-legal bonds, not to give them leeway in their decisions, but to enable them to decide according to the law. The reason for the independence from extra-legal bonds is to give full effect to the legal bonds to which judges are submitted. Submission to law is the necessary counterpart of judicial independence. Like for external independence, precautions can be taken for internal independence as well.However, since internal independence is largely a matter of professional ethics and individual character, the possibilities of the law are limited. Gross misbehaviour such as corruption can of course be outlawed and made a crime. Experience shows, however, that it is difficult to fight corruption within the judiciary when corruption is habitual among politicians and in society as well. This seems to be quite a problem in a number of new democracies. It is likewise justified to criminalize perversion of justice. But it is not easy to clearly distinguish perversion of justice from false or questionable interpretation of the law. This is why convictions because of perversion of justice are rare. Yet, criminalizing corruption and perversion of justice and removing judges from office who committed these crimes is not a violation of the independence of the judiciary.A more subtle misconduct is the willingness or pre-disposition to interpret the law in a way that is favourable to certain political views or to a party or a candidate for political office, either in general or in an individual case. This usually comes in the disguise of a legal argumentation that seeks to hide that, as a matter of fact, it is result-driven. This will not always occur intentionally. Self-deception of judges as to the motives of their judicial behaviour is not impossible. The problem is that this type of misconduct does not only appear in a number of new democracies. It can be observed in solid constitutional states as well. The decision of the US Supreme Court in Bush v. Gore in the year 2000 may serve as an example. There will hardly be a legal sanction in these cases. But there may be harsh public criticism or even a loss of trust in the judiciary to which no court can remain indifferent.II.1. Law owes its existence to a political decision. Political motives are legitimate in the process of law-making. But in a constitutional democracy the role of politics ends when it comes to applying the law. Application of the law is a matter for the legal system in which political motives are illegitimate. For this reason the division between law and politics is of crucial importance. But what if law application and in particular constitutional adjudication is in itself a political operation so that all attempts to separate law from politics on the institutional level are thwarted on the level of law application? This is a serious question, and it is a question that should not be confused with the abuse of judicial power which lies in the intentional non-application or misapplication of the law.Of course, constitutional adjudication is inevitably political in the sense that the object and the effect of constitutional court decisions are political. This follows from the very function of constitutional law, which is to regulate the formation and exercise of political power, and the function of constitutional courts, which consists in enforcing this law vis-à-vis politics. Constitutional courts are a branch of government. Excluding political issues from judicial scrutiny would be the end ofconstitutional review. Hence, the question can only be whether operations that judges undertake in order to find the law and to apply it to political issues are of a political or a legal character.This question arises because all analyses of the process of law application to concrete issues show that the text of the law is unable to completely determine judicial decisions. One of the reasons is that the law in general and constitutional law in particular is neither void of gaps and contradictions nor always clear and unambiguous, and it can hardly be different, given the fact that a legal system is a product of different times, reacting to various challenges, inspired by different interests or concepts of justice and depending on the use of ordinary language. Filling the gaps, harmonizing the contradicting provisions, rendering them precise enough for the decision of an issue is the task of the law applicants, in the last resort of the courts, which, in turn, draw profit from the efforts of legal science.But even if provisions are formulated as clearly and as coherently as possible they can raise questions when it comes to solving a concrete case. This incapacity to guarantee a full determination of legal decisions, even in the case of seemingly clear provisions, is inherent in the law because a law is by definition a general rule applicable to an indefinite number of cases arising in the future. This is why it must be formulated in more or less abstract terms. Consequently, there will always remain a gap between the general and abstract norm on the one hand and the concrete and individual case on the other. The judge has to find out what the general norm means with regard to the case at hand. This is achieved by interpretation, which always precedes the application of the norm. The general norm must be concretized to a more specific rule before the individual case can be decided.Like the task of filling gaps, harmonizing contradicting provisions, clarifying vague norms, the concretization contains a creative element. Norm application therefore is always to a certain extent norm-construction. The fact as such is undisputable. The degree can vary. It depends on a number of variables. The most important one is the precision of a norm. A narrowly tailored norm leaves less room for the constructive element whereas a broad or even vague norm requires a lot of concretization before it is ready for application to a case. Usually a constitution will contain more vague norms than, say, the code of civil procedure. This is certainly true for the guiding principles and for fundamental rights, less so for organizational and procedural norms. Another variable is the age of a norm. The older a norm the larger the number of problems that were not or could not have been foreseen by the legislature and thus raise questions of meaning and applicability.The mere fact that the law does not fully determine the judgment in individual cases is not sufficient to turn law application from a legal into a political operation. It remains a legal operation if what the judge adds to the text of the law in the process of interpretation has its basis in the text and can be derived from it in a reasonable argumentative manner. If not it becomes a political one. The task therefore is to distinguish between legal and non-legal arguments, be they political, economic or religious. This decision can only be taken within the legal system. No other system is competent to determine what counts as a legal argument. Within the legal system the distinction between a legal and a non-legal argument is the concern of methodology. By doing so methodology attempts to eliminate subjective influences from the interpretation of the law as far as possible. This is why the distinction between legal and non-legal operations in the course of law application becomes largely a question of legal method.Yet, different from the text of the law that is the product of a political decision and thus not at the disposition of judges, methodology is itself a product of legal considerations. It emerges in the process of interpreting and applying the law or is developed in scholarly discourse, but it is nowhere decreed authoritatively. This means at the same time that various methodologies can coexist and so can different variations of a certain methodological creed. Method is a matter of choice within the legal system. All historical attempts by legislators to prohibit interpretation or to prescribe a certain method have been in vain. They were themselves subject to interpretation. But the lack of one authoritative method does not mean that methodology can justify any solution and thus loses its disciplining effect on judges. Just as certain legal systems have their time in history methodologies have their time, too. There is usually a core of accepted arguments or operations and a number of arguments or operationsthat are regarded as unacceptable. The degree to which a method can succeed in eliminating all subjective elements from interpretation is controversial. There were and are methods that claim this capacity.2. A historically influential method that promised to eliminate subjective influences was legal positivism, not in its capacity as a theory of the validity of law opposed to all natural law theories, but in its capacity as theory of legal interpretation. For a positivist in this sense the legal norm consists of its text and nothing else, and the only instrument to discover the meaning of the text is philology and logic, i.e. not the legislative history, not the motives or the intent of the legislature, not the values behind the norm, not the social reality that brought forth the problems the norm was meant to solve and in which it is to take effect, not the consequences the interpretation may entail. There can be but one correct understanding of a norm and this remains correct as long as the norm is in force, no matter how the context changes.The problem with positivism was on the one hand that it could not fulfil its promise to eliminate all subjective influences on interpretation. Rather these influences were infused into the interpretation in a clandestine way, mostly in connection with the definition of the notions used by the legislature. On the other hand, positivism prohibited an adaptation of the law to social change by way of interpretation. Since the social reality in which the norm was to take effect was regarded as irrelevant for the interpretation a positivist could not even perceive of social change. Of course, a positivist would not have denied that, because of social change, a legal norm may miss its purpose and produce dysfunctional results. But this was regarded as a matter for the law-maker, not for the law-applicant. It was this deficit that largely contributed to the decline of positivism after the far-reaching social change in the wake of the Industrial Revolution and World War I.There is yet another influential theory of interpretation that claims to preclude all subjective influences, namely originalism. Different from positivism, originalists believe that only a historical method is the right way to ascertain the meaning of a legal norm. The law-applicant must give a norm, in particular a norm of the constitution, no meaning other than the one that the framers had had in mind. Sometimes originalism appears in a crude way that excludes the application of a norm to any phenomenon the framers could not have known. If the First Amendment to the U.S. Constitution protects the freedom of the press, this would not allow the law-applicant to extend the protection to radio and TV by way of interpretation. Sometimes originalism appears in a more enlightened form. The law-applicant is then permitted to ask whether the framers clearly would have included a new phenomenon had they known it at the time when the law was enacted. In this case it would be methodologically permissible to include radio and TV into the protection of the First Amendment by way of interpretation. But like a positivist an originalist is not prepared to acknowledge that there can be more than one sound interpretation of a norm and that the interpretation can legitimately change when the circumstances change in which it is applied.The problem with originalism is first a practical one. In most cases it is difficult or even impossible to know what the original understanding or the original intent was. It is the more difficult if many persons are involved in the process of constitution-making many of whom may not have expressed their understanding or intent. For this reason ascertaining the original intent or understanding is often a highly selective process, in which some utterances of actors are singled out and taken for the whole. The second problem is the same that positivism encountered. There is extremely limited or even no room at all for the adaptation of legal norms to social change. If social change affects the constitution adversely the only remedy is to amend the text, which can be extremely complicated in a country like the United States. The constitution tends to petrify, in opposition to the theory of a living constitution.Although one would have difficulties in finding positivists or originalists in Germany, these methodologies are by no means of historical interest only. Positivism, or more precisely a crude literal understanding, plays a considerable role in a number of post-communist countries and in parts of Latin America. Originalism has a stronghold in the United States in reaction to the activist Warren Court of the 1950s and '60s. In Germany, the idea that a legal method exists that can exclude any subjective。
常见法律术语中英文表达法
draft 法案,草案Government bill 政府议案to pass a bill, to carry a bill 通过议案to enact a law, to promulgate a law 颁布法律ratification, confirmation 批准law enforcement 法律的实施to come into force 生效decree 法令clause 条款minutes 备忘录report 判例汇编codification 法律汇编legislation 立法legislator 立法者jurist 法学家jurisprudence 法学legitimation 合法化legality, lawfulness 法制,合法legal, lawful 合法的,依法的to contravene a law, to infringe a law, to break a law 违法outlaw, outside the law 超出法律范围的offender 罪犯to abolish 废止,取消rescission, annulment 废除,取消repeal, revocation, annulment 废除(法律) cancellation, annulment, invalidation 废除(合同) cancellation (支票)作废annulment 撤消(遗嘱)repeal rescission 撤消(判决)revocation 撤消immunity 豁免,豁免权disability, legal incapacity 无资格nonretroactive character 不溯既往性prescription 剥夺公权attainder 公民权利的剥夺和财产的没收constitutional law 宪法canon law 教会法规common law 习惯法criminal law 刑法administrative law 行政法civil law 民法commercial law, mercantile law 商法law of nations 万国公法,国际法international law 国际法natural law 自然法labour laws 劳工法fiscal law 财政法Civil Suit Law, Code of civil law 民事诉讼法Criminal Law 刑事诉讼法Military Law 军法Conscript Law 兵役法Copyright Law 著作权法penal code 刑法典code of mercantile law 商法典civil rights 民事权利,公民权利right of asylum 避难权human rights, rights of man 人权(customs) duties 关税death duty, death tax 遗产税royalties 版税法律英语词汇2009-12-20 20:59:34| 分类：专业英语词汇阅读8 评论0 字号：大中小订阅管辖：jurisdiction级别管辖：jurisdiction by level地域管辖：territorial jurisdiction移送管辖：referral jurisdiction指定管辖：designation jurisdiction审判组织: trial organization回避withdrawal诉讼参加人participants in court诉讼当事人parties in court诉讼代理人agents ad litem期间：time periods送达service调解conciliation财产保全property preservation先予执行preliminary execution妨碍民事诉讼的强制措施：compulsory measures against impairment of civil actions 诉讼费：litigation costs第一审普通程序ordinary procedure of first instance第二审程序procedure of second instance起诉bring a lawsuit受理accept a case开庭审理trial in court诉讼中止suspension of a lawsuit诉讼终止conclusion of a lawsuit判决judgment裁定order简易程序summary procedure特别程序special procedure选民资格案件cases concerning certificates of voters宣告失踪proclamation of a person as missing宣告死亡proclamation of a person as dead无民事行为能力incompetent for civil conduct限制行为能力limited capacity for civil conduct无主财产property of ownerless执行申请application for execution执行移转referral of execution仲裁arbitration司法协助judicial assistanceAabsolute proof 绝对证明absolute property 绝对财产（权）abstract of title 产权书摘要acceleration clause 提前（偿还）条款acceptance 承诺accident report 事故报告accident insurance 意外保险accusation 指控；控告accusatorial procedure 控告程序accusatorial process of proof 控告证明过程（程序）accusatorial system 控告或诉讼程序accused 被指控者accuser 控告人acknowledgement 认知(书)acquittal 无罪判决act 条例；作为Act for the prevention of Frauds and Perjuries 《预防诈欺和伪证条例》action 诉讼；作为actual losses 实际损失adjudication 裁决；裁定administrative law 行政法administrative law judge 行政法法官administrative procedure 行政程序administrator 管理人；监管人admissible 可采的admissibility 可采性admit 采用；允许adoption 收养adulterous conduct 通奸行为ad valorem property tax 从价财产税adversarial hearing 对抗式听证会adversarial process 对抗式程序adversary 对手adversary trial system 对抗式（或抗辩）审判制度advocacy 出庭辩护；诉讼代理advocate 辩护人；诉讼代理人affidavit 正式书面陈述affirm 维持（原判）affirmation 保证书；证词affirmative 确保的agency （行政）机关agency action 机关（行政）机关agreed upon remedies 补救协议agreement 协议agreement-as-written 书面协议agreement -in-fact 事实协议alibi 阿里白（不在犯罪场的证明）alienation of affection 离间夫妻关系allegation 声称；指控allege 诉称；指控alleged offense 所控罪行alternate juror 替补陪审员amendment 修正案American Bar Association 美国律师协会American Law Institute 美国法学会analogy 类推Anglo-American Legal System英美法系anonymous accusation匿名控告appeal上诉appear出庭appellant上诉人appellate action上诉行为appellate court上诉法院appellee被上诉人appealer上诉人appropriate拨款appurtenant附属物arbiter仲裁人arbitrary武断的arbitration仲裁arraignment初审array陪审员名单arrest逮捕arrest warrant逮捕令（证）arrestee被捕人article条款，文章article of authority授权条款articles of confederation《联帮条例》articles of incorporation公司组织章程artificial person法人Asian American legal defense and education fund亚裔美国人法律辩护与教育基金会assault意图或威胁伤害assert主张，宣称asset资产assistant attorney助理法官associate judge副法官associate justice副大法官assumption违约合同，违约赔偿之诉assumption 假定attempt意图，企图attempted escape逃脱未遂attestation证词attorney代理人，律师attorney at law律师attorney general检察长authentication鉴定authority权力，法源，权威性依据automobile insurance机动车保险automobile tort机动车侵权行为autonomy自治（权）Bban禁令，禁止banishment流放bankruptcy 破产bankruptcy discharge破产债务解除bankruptcy judge破产法官bar律师职业bar association律师协会barrister出庭律师battery殴打bench trial法官审beneficiary受益人benefit收益，福得bigamy重婚罪bill of lading提单bill of right《人权法案》bind over具保，具结binder临时保险单binding有约束力binding contract有约束力的合同binding force约束力binding interpretation有约束力的解释black-letter law（普通接受之基本原则的）黑体字法black nation bar association全美黑人律师协会blue sky law蓝天法（关于股票买卖控制的法律）Board of Governors（ABA）（美国律师协会的）董事会body of law 法体bond 债券；保释金bond instrument 债券契据branding 鞭笞breach 违约；破坏bride 贿赂bribery 贿赂（罪）bright-line test 明显界限检验标准broker 中间人brokerage fee 佣金；中介费brother-sister corporation 兄弟公司；姊妹公司Bulk Sales Act《大宗销售条例》burden 责任burden of going forward with the evidence 先行举证责任burden of persuasion 说服责任；证明责任burden of producing evidence 举证责任burden of proof 证明责任burglary入室盗窃（罪）business corporation实业公司business law 实业法business organization 实业组织buy-out agreement（股权）承买协议buy-sell agreement（股权）买卖协议bylaws（内部）章程CCalifornia Penal Code《加州刑法典》capital account 资本帐户capital crime 可判死刑罪capital punishment 死刑capital surplus 资本盈余capitation tax 人头税career criminal 职业罪犯career judiciary 职业法官case briefing 案情摘要case-in-chief 主诉case law 判例法case method 案例教学法case report 判决报告case reports 判例汇编casualty insurance （意外伤害）保险catalog 商品目录（单）certificate 证书certificate of existence 实体存在证明（书）challenge 置疑；挑战challenge for cause有理回避chancery court 衡平法院charging instrument 控告文件checks and balances 制衡（原则）chief judge 首席法官chief justice 首席大法官child abuse 虐待儿童circuit court 巡回法院circuit judge 巡回法官circumstantial evidence 旁证；情况证据citation 引证cite 援引；传讯civil court 民事法civil forfeiture 民事罚没civil law 民法Civil Law Legal System 民法体系civil liability 民事责任civil Liberty 民事自由civil Litigation民事诉讼civil procedure 民事诉讼程序civil suit民事诉讼Civil trial 民事审判法律英语词汇（2）2009-12-20 21:02:17| 分类：专业英语词汇阅读10 评论0 字号：大中小订阅Civil right 民权Civil right law 民权法Civil War Income Tax Act 《内战所得税条例》Claim 诉讼请求，索赔Classification of law 法律分类Close corporation内部持股公司Closely held corporation 内部持股公司Closing 终结，成交，结帐Closing argument 最后论述Closing statement成交声明Code 法典Code of Judicial Conduct 《法官行为准则》Codify 编成法典Co-felon 共同重罪犯Cohabitation 同居Collateral contract 附属合同Collegiate bench 合议席Collegiate panel 合议庭Commercial clause 商务条款，贸易条款Commercial law 商法Commercial paper 商务文件Commission佣金Commit 交托，犯（罪）Commitment 犯罪，许诺，委托Commitment of financing 融资许诺Common law 普通法Common law damages 普通法赔偿金Common law legal system(family) 普通法法系Common law marriage 普通法婚姻Common property 共同财产Common stock 普通股票Community property 共同财产Comparative law 比较法Comparative negligence 比较过失Compensation 赔偿（金）Compensatory damage 应予赔偿之损害Competence 管辖权限Competency 有效性Complaint 控告，申诉Comprehensive Drug Abuse Prevention and Control Act 《滥用毒品的综合预防与控制条例》Compulsory license 强制性许可Concur附条件地同意Concurring opinion 并存（判决）意见Confer 授与Conference 协商会议Confidential information 保密信息Confiscation 没收Conflict law 冲突法Congress 国会Consent 同意，认可Consideration 对价，约因Constitution 宪法Constitutional Convention 制宪会议Constitutional law 宪法Constitutional tort 宪法性侵权Constitutionality 合宪性Construction （法律的）结构，解释Construe 解释，分析Consultation 磋商Consumer protection statute 消费者保护法律Consumption tax 消费税Continental Law Legal System(or Family) 大陆法系Contingent fee 胜诉酬金Continuance 诉讼延期Contract 合同Contract dispute 合同纠纷Contract formation 合同构成Contract interpretation 合同解释Contract law 合同法Contract performance 合同履行contractor 承包商contravence 触犯;违犯contributory negligence 共同过失controlling law 应适应之法律conversion 非法占有convey 转让conveyance 转让convertible bond 可转换债券conviction 有罪判决convincing evidence 使人信服的证据copyright 版权;著作权corporal punishment肉体刑corporate camsel 公司法律顾问corporate excise tax 公司执照税corporate law 公司法corporation 公司corporation aggregate 合有公司corporation code 公司法典corporation law 公司法corporation sole 独有公司corpus 尸体;本金Council on legal Education Opportunities 法律教育机会委员会counselor (法律)顾问;律师counselor-at-law 律师court 法院;法官court decision 法院判决court fee 诉讼费court of appeals 上诉法院court of chancery 衡平法法院court of claims 索赔法院court of customs and Patent Appeals 关税及专利上诉法院court of domestic relations 家庭关系法院court opinion 法院判决意见courtroom 法庭coverage 保险范围crime 犯罪crime code 刑法典crime homicide 有罪杀人crime justice system 刑事司法系统crime law 刑法crime liability 刑事责任crime procedure 刑事诉讼程序cross-examination 交叉盘问;盘诘cruel and unusual punishment 残忍和非常的刑罚cumulative evidence 累计证据curative 临时监护的curriculum guide 课程指南custody 监护custom duty 关税customary law 习惯法customary practice 惯例customs court 关税法院Ddamage 损害;损伤damage claim 损害赔偿请求damages 损害赔偿金deadlocked jury 僵局陪审团death penalty 死刑death tax 遗产税debenture 债单(券)debt securities 债权证券decide a case 判案deed 契约deed book 文契汇编defamation 诽谤default 不履行;违约defendant 被告人defence 辩护defence attorney 辩护律师defense's case-in-chief 辩护方主讼deficiency judgment 不足额判决degrees of murder (恶意)杀人罪的等级delegation 授权delegated legislation 授权立法deliberate intention 故意deliberation (陪审团)评议demonstrative evidence 示意证据deprivation 剥夺derogatory treatment of the work 对作品的贬毁性处理(或使用) designs 设计detract 毁损;贬低developer (土地)开发商dicta 判决附带意见dignity 尊严direct evidence 直接证据direct examination 直接盘问direct tax 直接税disa bility insurance 残疾保险disabled dependent child 无谋生能力的残疾儿童discharge 解雇;释放discount 贴现;折扣discovery 要求告知discrete risk transfer product 离散性风险转移(保险)产品discretion 自由裁量权discriminatory 歧视性税收dispense 执行;施行dispute 争议;纠纷disposition 处置(权)dissent 异议;反对dissenting opinion 异议;反对意见dissolution 解散distort 歪曲;误解district attorney 地区检查官database right 数据权dividend 股息division of title 产权分割divorce 离婚docket 备审案件目录doctrine 法则;原则doctrine of constitutional supremacy 宪法至上原则doctrine of Maranda Warnings 米兰达忠告原则document 文件;文书document of title 产权证书domant Commerce Clause 休眠的"贸易条款"domicile 住所地double jeopardy 一罪二审draft 起草;草拟draftman 起草者drug trade 毒品交易drug trafficking 毒品交易dry run 干转;排练due diligence 适当努力due process 正当程序Due Process Clause 正当程序条款due process test 正当程序检验标准duration 期限duress 强迫;胁迫duty 义务;关税duty of care 照看义务法律英语词汇（3）2009-12-20 21:03:22| 分类：专业英语词汇阅读16 评论0 字号：大中小订阅earnest money 定金easyment 地役权ecclesiastical court 宗教法庭economic law 经济法effective date 生效日期effective time 生效时间element of crime 犯罪要素(件)empower 授权enact 制定;颁布en banc 全体法官出庭审判encroachment 侵占encumbered property 抵押财产enforce 实施；执行enforceable 可强制执行的enforceability 可执行性enforcement of Law 执法English-American Legal System (or Family) 英吉利法系enjoin(衡平）强制令entail 限定继承entity 实体environmental impact statement 环境影响报告environmental Law 环境保护法Environmental protection Agency(EPA) 环境保护局environmental quality 环境质量equal protection clause 平等保护条款equitable relief 衡平救济equity 衡平法equity Law 衡平法equity precedent 衡平法判例equity securities 产权证券；衡平证券error 过错escape 逃走；逃脱escrow 第三者保存合同essential justice 实质公正estate财产；遗产estate tax 遗产税ＥＵDirective 欧盟指令evaluate 评价evict 逐出（租户）evidence 证据evidentiary presumption 证据推定evidentiary rule 证据规则ex aequo at bono 公平且善良examine 检查；盘问examination 检查；盘问exception 例外exception clause 例外条款excise tax 执照税exclude 排除exclusive listing 读家上市exclusive right 排他性权利exclusive tax situs 唯一征税地点excusable homicide 可宽恕之杀人execute 执行；签属execution 执行executive acts 行政条例executive branch 行政部门executive order 行政命令executor (遗嘱）执行人executor of estate 遗产执行人exemption 免除；豁免exhibit 展示物（证）exigent circumstance 紧急情况existing securities 上市证券exparte 单方面的expectation damages 预期赔偿金expert 专家（证人）expert testimony 专家证言expert witness 专家证人express contract 明示合同express statutory provision 法律明文规定express warranty 明示保证（保修）ex rel 依据告发face amount 面颊face value 面植facilitate 促使：利于fact 事实fact in issue 争议事实factor 因素；代理商Factors Lien Act 《代理商留置权条例》Fair trial 公平审判false imprisonment 非法拘禁family law 家庭法fault 过错fault principle 过错原则feasibility study 可行性研究Federal Administrative Procedure Act 《联邦行政程序》Federal Antitrust Law 《联邦犯托拉斯法》federal convention 联邦制宪会议federal crime of murder 联邦杀人罪Federal Housing Act 《联邦住房条例》Federal Income Tax Act 《联邦所得税条例》federal judge 联邦法官Federal rules of civil procedure 《联邦民事诉讼规则》Federal rules of criminal procedure 《联邦刑事诉讼规则》Federal rules of evidence 《联邦证据规则》Federal securities act 《联邦证券条例》federal supremacy 联邦至上（原则）Federal tort claims act 《联邦侵权索赔条例》felon 重罪犯felony 重罪felony-murder 重罪杀人fiduciary 受托人file 档案；注册file a petition 呈交诉状；提出请求fine 罚金fingerprint 手印fire insurance 火灾保险fire protection 消防first degree murder 一级谋杀first instance 一审fixture （不动产）附属物flogging 烙印force of law 法律效力forcible felony 暴力性重罪foreign exchange risk 外汇风险forfeiture 没收；罚没form contract 格式合同form of evidence 证据的形式formal adjudication 正式裁决formal rulemaking 正式规则制定formation 构成；鉴定franchise tax 特许经营税fraud 诈欺free enterprise system 自由企业制度free movement of goods 自由物流，货物的自由流通freedom of choice 选择自由frustrate 使受挫折fundamental law 基本法fundamental right 基本权利法律英语词汇（4）2009-12-20 21:04:29| 分类：专业英语词汇阅读12 评论0 字号：大中小订阅general acceptance standard (科学证据的)公认标准general partnership 一般合伙general property 一般财产（权）general provisions 总则gerontocratic 老人统治的gift tax 赠予税government tort 政府侵权（行为）grant of power 授权gross negligence 严重过失group insurance 团体保险guarantee 担保guardian 监护人guardianship 监护权guidelines for sentencing 量刑指南guilt 有罪guilty 有罪的guilty 有罪答辩Hhabitual offender 惯犯hail insurance 冰雹保险handcuff 手铐handwriting 笔迹health insurance 健康保险health regulation 卫生法规hearing 听证（会）hearing of jury 陪审团听审hearsay 传闻证据heir 继承人hierarchy 等级制度high crime 重罪hold 认定；裁定holding 认定；裁定holding device 拥有手段（形式）homicide 杀人（罪）homosexuality 同性恋house counsel （公司）专职法律顾问husband-wife relationship 夫妻关系husband-wife tort 夫妻侵权（行为）IId. 同上identification 认定；确认身份；身份证ignore 忽视；驳回illegal 非法的；违法的immaterial 无实质性的immigration law 移民法immovable property 不动产immunity 豁免（权）impair 损害；削弱impeachment 弹劾；质疑implementation 实施；执行implied contract 默认合同implied warranty 默认保证（保修）imprisonment 监禁imputable 可归罪于……的imputation 归罪in re 关于；案由in recess 休庭in rem 对物的（诉讼）in session 开庭inadmissible evidence 不可采证据incarceration 禁闭；监禁incest 乱伦income tax 所得税Income Tax Act 《所得税条例》income tax on corporations 公司所得税income tax on individuals 个人所得税incompetence 无行为能力；无法律资格incompetent 无行为能力的；无法律资格的incorporation 法人；公司；组成公司incorporator 公司创办人independent regulatory agency 独立规制机构indicative list 指导性名单indictment 起诉书indirect evidence 间接证据indirect tax 间接税individual choice 个人选择（权）individual freedom 个人自由individual omni competence 个人全权individual proprietorship 个体业主individual right 个人权利ineffective 失效的inequality 不平等infamous 罪恶的；丑恶的inference 推理;推论infliction 处罚informal adjudication 非正式裁决informal rulemaking 非正式规则制定information 信息; 控告书infomer 耳目;情报员initial ruling 初步裁定injunction 禁令;强制令injunctive relief 强制救济injure 伤害injustice 不公正innocence 无罪innocent 无罪的;无罪者innocent owner defense 无过错所有人辩护inquiry 调查inquisitiorial system 纠问式诉讼制度insane 精神失常insanity defense 精神失常辩护inspection 检查;审查installment land vendor 分期付款的土地出售人installment plan agreement 分期付款购物协议instruction 指示instrument 文件insurable interest 可保利益insurable loss 可保损失insurance agent 保险代理商insurance binder 临时保单insurance broker 保险中间人insurance card 保险卡insurance coverage 保险范围insurance law 保险法insurance policy 保险单;险种insurance premium 保险费insurance proceeds 保险收益insurance product 保险项目insured 被保险人insurer 保险人intangible 无形的intangible damage 无形损害intangible property 无形财产intangible personal property 无形的人身财产(权)inter alia 除了别的以外interfere 干涉;侵犯interlocutory injunction 临时强制令;(诉讼)中间的强制令intermediate appellate court 中级上诉法院intermetional business 调解interrogation 国际商务intentional 故意的intentional tort 故意侵权行为interest 利息;权益;利益interest rate risk 利率风险interview 询问invalid 无效的;不合法的invalidate 使无效invasion of privacy 侵犯隐私权investigation 侦查;调查investment 投资investment portfolio risk 投资风险组合investment securities 投资证券irrelevancy 无相关性irrelevant 不相关的irrelevant evidence 无相关性证据irrevocable 不可撤销的irrevocable life insurance trust 不可撤销的人寿保险信托itinerant judge 巡回法官法律英语词汇（5）2009-12-20 21:05:16| 分类：专业英语词汇阅读19 评论0 字号：大中小订阅Jjoint tenancy 共同租借(权)joint venture 合资企业joint venture corporation合资公司joint venture with Chinese and foreign investment中外合资企业judge法官judge-made law法官立法judge's chamber法官室judge's charge to jury法官对陪审团的指令judge's instruction to jury法官对陪审团的指示judgment判决，裁定judicial branch司法部门judicial clerkship法院书记员职位judicial decision 法官职位judicial district司法区judicial interpretation司法解释judicial notice司法任职judicial opinion法官判决意见judicial review司法审查judicial scrutiny司法检查judicial subjectivity审判主观性judicial system法院系统judiciary法官jurisdiction司法管辖区jurisprudence法理学juror陪审员jury陪审团jury charge法官对陪审团的指令jury pool待选陪审员库jury selection挑选陪审员jury trial陪审团制justice公正，大法官justice of the peace治安法官justifiable homicide正当杀人juvenile court未成年人法庭juvenile delinquency未成年人违法行为ＫKey man assurance关键人保险Key person insurance关键人保险Kickbacks回扣Kill杀人Killer杀人者Know-how技术秘密，商业秘密Ｌland use law土地使用法last clear chance doctrine最后明显机会法则law 法，法律law firm律师事务所law merchant商业习惯法law of evidence证据法law reform法律改革lawsuit诉讼，官司lawyer律师lawyer in government政府律师；官方律师lawyer in private practice私人开业律师lawyerette律师娘lawman外行人lay witness普通证人；非专家证人lease租赁lease agreement租赁协议legacy遗产legacy tax遗产税legal合法的legal advice法律咨询legal commentary法律评论legal education法律教育legal effect法律教育legal enforcement法律效力legal English法律英语legal family法系legal history 法律史legal instrument 法律文件legal mechanism法律机制legal memorandum 法律备忘录legal methodology 法律方法论legal order 法律秩序legal problem 法律问题legal profession 法律职业legal protection 法律保护legal relationship 法律关系legal representative 法律代表legal safeguard 法律保障（措施）legal system 法律体系；法律制度legal theorist 法学理论家legal writing 法律文书写作legalese 法律涩语legality 法制legislation 立法legislative branch 立法部门legislative history 立法史legislature 立法机关legitimate 合法的levy 征收（税）liability 责任；债务liability insurance 责任保险liberty 自由license plate （车）执照牌license tax 执照税lien 留置（权）life estate 终生财（遗）产life insurance 人寿保险limited partnership 有限合伙liquidated damages 预定违约金liquidity risk 流动资金风险literary property 著作产权litigant 诉讼当事人litigation 诉讼；打官司livestock insurance 家畜保险loan 贷款lord chancellor (英国)大法官loss of rights 丧失权利Jurisprudence，History of Legal Systems and Constitution按照法律规定according to law按照确定的份额分享权力：be entitled to rights in proportion to his proper share of the credit按照确定的份额分担义务：assume obligations in proportion to his proper share of the debt案例教学法case system案例汇编case book；case report；law report柏拉图Plato《保护人权与基本自由公约》（1950）Convention for the Protection of Human Rights and Fundamental Freedoms，1950（罗）被视为be deemed as被宣布为非法be outlawed；be declared illegal比较法comparative law比较法学comparative jurisprudence比较法学派school of comparative jurisprudence比较法制史comparative legal history比较分析法method of comparative analysis比较刑法comparative penal law比较刑法学comparative penal jurisprudence必然因果关系positive causal relationship边缘法学borderline jurisprudence变通办法adaptation；accommodation补充规定supplementary provision补救办法remedial measures不成文法unwritten law不成文宪法unwritten constitution不动产所在地法律law of the place where the real property is situated；lex loci rei immobilisci不可分割的权利impartible right不可抗力force majuere不可侵犯性inviolability不可让与性inalienability不履行法律义务non-performance of obligation不要式行为informal act不要因的法律行为non-causal juristic act不因实效而丧失的权利imprescriptible right不作为abstain from an act；act of omission部门法department law部门规章regulation参照consult参照具体情况in the light of actual conditions参照原文consult the original查士丁尼法典Code Justinian；Codex Justinianus查士丁尼法规汇编Authenticum超出法律范围的outside of law超出法律权限的extralegal超过权限exceed authority；beyond jurisdiction成文法written law成文宪法written constitution冲突法conflict of laws；rules of conflict冲突规则conflict rule；rule of conflict除（本法）另有规定外except for otherwise stipulated （by this law）除外条款provisory clause除外责任条款exclusion clause触犯公共利益encroach on the public interests触犯国际利益go against the state's interests触犯人民利益encroach on the interests of the people；go against the people's interests传统法律观念traditional ideas of law纯粹法学pure theory of law次要法规by law次要规则secondary rule从宽解释原则doctrine of liberal construction从权利accessory right达到法定年龄come of age大法the fundamental law大法官Lord High Chancellor大法官法院Court of Chancery大陆法系Continental Legal System大律师barrister《大明律》Criminal Law of the Ming Dynasty（中）大陪审团grand jury《大清律例》the Criminal Laws of the Qing Dynasty （中）《大宪章》（1215）Great Charter，1215（英）单行法规specific regulations单一法律体系unitary legal system单一制政府unitary government但书proviso当代法学动向current trend of jurisprudence当然解释natural interpretation党纪国法party discipline and the law of the country道德规范norm of morality道德义务moral obligation《德国民法典》German Civil code德拉古Draco地方各级人民代表大会local people's congresses at different levels 地方各级人民法院local people's courts at different levels地方各级人民检察院local people's procuratorates at different levels 地方各级人民政府local people's governments at different levels第二读second reading第三读third reading二元论the dualistic theory二元君主立宪制dual constitutional monarchy system二元论the dualistic theory二元论者dualist二元制bicameral system法的本质the nature of law法的变化changes of law法的定义definition of law法的发展development of law法的分类divisions of law法的概念concepts of law法的规范作用normalized usage of law法的继承succession of law法的精神spirit of law法的可预测性foreseeability of law法的类型types of law法的历史类型的更替the replacement of one historical mode of law by another 法的历史渊源historical origin of law法的连续性continuity of law法的内容contexts of law法的社会作用social usage of law法的生效operation of law法的实现realization of law法的特征character of law法的现象legal phenomenon法的消亡withering away of law法的形式渊源formal source of law法的要素elements of law法的渊源source of law法的职能function of law法的作用role of law法典code；statute book法典编纂codification of codes法定成年人的年龄age of majority；legal age法定程序legal procedure法定处罚statutory penalty法定代理人：agent ad litem法定解释statutory interpretation法定量刑情节legally prescribed circumstances of sentencing 法定年龄legal age；lawful age法定年龄限制 a statutory age limit法定期间prescribed time法定期限legal term法定权利legal right；right entitled by law法定权限limits of power prescribed by law法定人数quorum法定日appointed day法定时间appointed time法定时效statutory prescription法定条件legal condition法定限制statutory restrictions法定效力statutory force法定刑legally-prescribed punishment法定形式legal form法定责任statutory duty法定追溯期time of legal memory法定最高刑maximum statutory penalty；maximum statutory sentence 法官judge法官的自由裁量权judge's power of discretion法官权力范围extent of judge's power法官心证judge's mental impression法官中立原则Nemo debt esse judex in propria causa法规编纂condification of laws and regulations法规的解释interpretation of statutes法规汇编corpus of the laws and regulations《法国民法典》Code Civile de Francais （法）法理jurisprudence；principle of law法理学家jurisprudent法律保护legal protection法律编纂codification法律标准legal standards法律补救legal redress法律部门legal department法律草案draft regulations法律措施legal measures法律大全Corpus legum法律的本土化和改写the localization and adaptiion of laws 法律的本质essence of law法律的地位position of law法律的定义definition of law法律的废止abolishment of law法律的公共秩序论public order theory of law法律的规范性normalization of law法律的继承succession of law法律的理想ideal of law法律的权威authority of law法律的失效lapse of law法律的实施administration of law；law enforcement法律的适用application of law法律的统一unification of law法律的推定presumption of law法律的推理analogy of law法律的完整性integrity of law法律的效力范围force's scale of law法律的效力形式force's form of law法律的修改alteration of law法律的演进evolutin of law法律的原理principle of law法律地位平等equal in legal status法律对人的效力personal act of law编纂法律方法legal methodology法律分类classification of law法律赋予权力authority conferred by law法律改革law reform法律概念legal concept法律根据legal basis法律工作者legal professional法律关系legal relation法律关系的运行process of legal relation法律关系客体object of legal relation法律关系主体subject of legal relation法律规定provisions of law法律规范norm of law法律规范的逻辑结构logical structure of legal rule 法律规则体系system of legal rules法律含义intendment of law法律另有规定：otherwise stipulated by law法律现象legal phenomenon法律研究legal research法律要件legal requirement法律依据legal basis法律意见legal advice法律意见书legal opinion法律意识law-consciousness法律意义legal sense法律用语legal language法律与正义先验论 a prior theory of law and justice法律渊源source of law法律原本注释gloss法律原理legal doctrines法律原则principle of legality法律援助legal aid法律约束legal binding；legal restraint法律责任legal responsibility法律责任的道义基础moral basic of legal obligation法律责任的归结imputaton of legal responsibility法律责任的认定determination of legal responsibility法律责任的执行enforcement of legal responsibility法律责任客体object of legal responsibility法律责任主体subject of legal responsibility法律哲学philosophy of law；philosophie du droit （法）；philosophia juris 法律政策policy of the law法律职业道德legal ethics法律指导legal counsel法律制裁legal sanction法律制度regime of law；legal system法律秩序legal order法律主体资格capacity as a subject of law法律主张proposition of law法律属地原则territoriality of laws法律著述legal literature法律专家legal expert法律专业legal profession法律专著和教科书legal treati法律咨询legal advice法律尊严legal sanctity法盲legal illiterates法权right法社会学sociology of law法系legal system法协会law society法学jurisprudence法学博士doctor of jurisprudence法学导论leading principles of law法学的范畴体系the system of categories of jurisprudence法学的范畴意识the consciousness of category of jurisprudence 法学的基石范畴fundamental categories of jurisprudence法学方法method of jurisprudence法学方法论methodology of jurisprudence法学会law society法学教科书law textbooks。
中国的法律体制(英汉对照)
中国的法律体制(英汉对照)中国法制体系以《中华人民共和国宪法》为基础，由成文法律、法规、条例及地方立法、特别行政区法律及中国政府签订的国际条约形成的法律等组成。
法院判例不具先例约束力，但具有司法参照及指导作用。
《中华人民共和国宪法》授权中国全国人民代表大会（「全国人大」）及全国人大常务委员会行使国家立法权。
全国人大有权修改宪法，制定并修改有关国家机关及民事与刑事问题的基本法律。
除须由全国人大制定及修改的法律之外，全国人大常务委员会有权制定及修改所有法律。
国务院为国家行政机关，有权制定行政规章及条例。
国务院下属各部委亦有权在所属各部门的管辖范围内签发命令、指示及条例。
国务院及下属各部委颁布的所有行政规章、条例、指示及命令均须与中国宪法及全国人大制定的国家法律保持一致。
倘出现任何冲突，则全国人大常务委员会有权取消各行政规章、条例、指示及命令。
在地方一级，各省及直辖市人民代表大会及其各自的常务委员会可以制定地方规章及条例，地方人民政府可以颁布适用于各行政区的行政规章及指示。
此等地方法规须与中国宪法、国家法律及国务院颁布的行政法规保持一致。
国务院、省及直辖市政府还可在新的法律领域为试行目的制定或签发各种规章、条例或指示。
试用措施获得充足的经验后，国务院可将立法建议提交全国人大或全国人大常务委员会考虑进行立法。
《中华人民共和国宪法》授权全国人大常务委员会对法律进行诠释。
根据一九八一年六月十日通过的《全国人民代表大会常务委员会关于加强法律解释工作的决议》，人民法院除有权在司法程序中对法律进行解释外，还有权对特定的案件进行解释。
国务院及其各部委亦有权解释各自颁布的规章及条例。
在地方一级，解释法律的权利授予颁布该法规的各地方立法机构及各行政机关。
The PRC legal system is based on the PRC Constitution and is made up of written laws, regulations, directives and local laws, laws of Special Administrative Regions and laws resulting from international treaties entered into by the PRC government. Court case verdicts do not constitute binding precedents. However, they are used for the purposes of judicial reference and guidance.The National People's Congress of the PRC （''NPC''） and the Standing Committee of the NPC are empowered by the PRC Constitution to exercise the legislative power of the State. The NPC has the power to amend the PRC Constitution and enact and amend basic laws governing State agencies and civil and criminal matters. The Standing Committee of the NPC is empowered to enact and amend all laws except for the laws that are required to be enacted and amended by the NPC.The State Council is the highest organ of the State administration and has the power to enact administrative rules and regulations. The ministries and commissions under the State Council are also vested with the power to issue orders, directives and regulations within the jurisdiction of their respective departments. All administrative rules, regulations, directives and orders promulgated by the State Council and its ministries and commissions must be consistent with the PRC Constitution and the national laws enacted by the NPC. In the event that a conflict arises, the Standing Committee of the NPC has the power to annul administrative rules, regulations, directives and orders.At the regional level, the provincial and municipal congresses and their respective standing committees may enact local rules and regulations and the people's governments may promulgate administrative rules and directives applicable to their own administrative areas. These local laws and regulations must be consistent with the PRC Constitution, the national laws and the administrative rules and regulations promulgated by the State Council. The State Council, provincial and municipal governments may also enact or issue rules, regulations or directives in new areas of the law for experimental purposes. After gaining sufficient experience with experimental measures, the State Council may submit legislative proposals to be considered by the NPC or the Standing Committee of the NPC for enactment at the national level.The PRC Constitution vests the power to interpret laws in the Standing Committee of the NPC. According to the Decision of the Standing Committee of the NPC Regarding the Strengthening of Interpretation of Laws passed on June 10, 1981, the Supreme People's Court, in addition to its power to give general interpretation on the application of laws in judicial proceedings, also has the power to interpret specific cases. The State Council and its ministries and commissions are also vested with the power to interpret rules and regulations that they have promulgated. At the regional level, the power to interpret regional laws is vested in the regional legislative and administrative bodies which promulgate such laws.【。
规范保护目的与构成要件解释
规范保护目的与构成要件解释一、本文概述Overview of this article在法律领域中，规范保护目的与构成要件解释是两个至关重要的概念，它们对于法律的正确实施和司法公正具有深远的影响。
本文旨在深入探讨规范保护目的与构成要件解释的内涵、关系及其在司法实践中的应用。
In the field of law, regulating the purpose of protection and the interpretation of constituent elements are two crucial concepts, which have a profound impact on the correct implementation of the law and judicial fairness. This article aims to explore in depth the connotation, relationship, and application in judicial practice of the interpretation of normative protection purposes and constituent elements.我们将对规范保护目的进行概述。
规范保护目的是指法律规定所要保护的社会利益或法律关系的目的，它体现了法律的立法宗旨和价值追求。
正确理解规范保护目的，有助于我们把握法律的精神实质，指导我们在司法实践中正确适用法律。
We will provide an overview of the regulatory protection objectives. The purpose of normative protection refers to the social interests or legal relationships that are protected by legal provisions, which reflects the legislative purpose and value pursuit of the law. Correctly understanding the purpose of normative protection helps us grasp the spiritual essence of the law and guide us to correctly apply the law in judicial practice.本文将详细阐述构成要件解释。
历史文献法 英文
历史文献法英文The Significance of Historical Documents in LawThe legal system is a complex and intricate web of rules, regulations, and precedents that govern the conduct of individuals and organizations within a society. At the heart of this system lies the importance of historical documents, which serve as the foundation upon which the law is built. From ancient legal codes to modern-day court rulings, these documents provide a rich tapestry of information that informs and shapes the legal landscape.One of the primary roles of historical documents in law is to establish precedent. When a court is faced with a novel legal issue, it will often look to past cases and the decisions made in those cases to guide its own ruling. This process, known as stare decisis, ensures that the law remains consistent and predictable, allowing individuals and organizations to plan their actions with a reasonable degree of certainty. By examining the reasoning and logic employed in previous cases, judges can draw upon the accumulated wisdom of the legal system to arrive at a fair and well-reasoned decision.Moreover, historical documents can also serve as a means ofinterpreting and understanding the intent behind existing laws and regulations. When lawmakers draft legislation, they do so with a specific purpose and vision in mind. By delving into the legislative history, including committee reports, floor debates, and other documents, legal professionals can gain valuable insights into the underlying rationale and objectives that informed the creation of a particular law. This knowledge can then be used to inform the application and interpretation of the law in a manner that is consistent with its original purpose.In the realm of constitutional law, historical documents play an even more crucial role. The Constitution of the United States, for example, is a living document that has been shaped and interpreted through the lens of history. Court decisions, scholarly analyses, and the writings of the Founding Fathers all contribute to our understanding of the Constitution's meaning and how it should be applied in modern-day contexts. This dynamic process of interpretation and reinterpretation ensures that the Constitution remains relevant and responsive to the changing needs of society.Beyond their use in the courtroom, historical documents also play a vital role in the broader legal education and research landscape. Law students, academics, and practitioners alike rely on these documents to study the evolution of legal principles, analyze the reasoning behind past decisions, and gain a deeper understanding of the legalsystem as a whole. This engagement with historical materials not only enhances the depth of legal knowledge but also fosters a critical and analytical approach to the law.Additionally, historical documents can serve as important tools in the pursuit of justice and accountability. In cases involving human rights violations, war crimes, or other atrocities, these documents can provide crucial evidence and context that helps to establish the truth and hold perpetrators accountable for their actions. The International Criminal Court, for example, has relied extensively on historical documents to build cases against individuals accused of committing crimes against humanity.However, the use of historical documents in law is not without its challenges. Issues of authenticity, reliability, and interpretation can arise, and legal professionals must exercise caution and rigor in their analysis of these materials. Careful examination of the provenance, context, and potential biases inherent in historical documents is essential to ensure that they are used to support sound legal reasoning and decision-making.In conclusion, the role of historical documents in law is multifaceted and essential. From establishing precedent and informing legal interpretation to facilitating education and research, these documents play a vital role in the ongoing evolution and applicationof the law. As the legal landscape continues to evolve, the importance of historical documents will only grow, serving as a bridge between the past and the present, and guiding the way towards a more just and equitable future.。
我对法律案例的看法的作文300字
我对法律案例的看法的作文300字In my opinion, law cases are an essential part of our legal system.在我看来，法律案例是我们法律体系中的一个重要部分。
Firstly, law cases serve as precedents for future legal decisions and help establish consistency and predictability in the legal system.首先，法律案例为未来的法律决定提供了先例，并有助于建立法律体系中的一致性和可预测性。
Secondly, they provide insight into the interpretation and application of laws, helping legal professionals and individuals understand the implications of specific laws and regulations.其次，它们为法律的解释和应用提供了深入的见解，帮助法律专业人士和个人了解具体法律和法规的含义。
Additionally, law cases often involve real-life situations and human stories, making the law more relatable and understandable to the general public.此外，法律案例通常涉及现实生活中的情况和人的故事，使法律更贴近并易于为公众所理解。
On the other hand, law cases can also be a source of frustration and injustice for some individuals who feel that the legal system has failed them.另一方面，对一些个人来说，法律案例也可能是一种令人沮丧和不公正的来源，他们认为法律体系让他们失望。
literal rule interpretation of laws
literal rule interpretation of laws"literal rule interpretation of laws" 可以翻译为“法律的直译规则解释”。
以下是10个带有翻译的例句：1.The literal rule interpretation of laws is a strictinterpretation of the law, which emphasizes the literal meaning of the law and avoids stretching or narrowing the law.法律的直译规则解释是一种严格的法律解释，强调法律的文字含义，避免扩大或缩小法律的适用范围。
2.The literal rule interpretation of laws is based on the literalmeaning of the law, and usually gives a narrow interpretationof the law.法律的直译规则解释以法律的文字含义为基础，通常对法律进行狭义的解释。
3.The literal rule interpretation of laws emphasizes the literalmeaning of the law, and does not take into account the context, purpose and intention of the law.法律的直译规则解释强调法律的文字含义，不考虑法律上下文、目的和意图等因素。
4.The literal rule interpretation of laws is a literal and narrowinterpretation of the law, which may lead to the neglect of the purpose and spirit of the law.法律的直译规则解释是一种字面和狭义的解释，可能忽视法律的目的和精神。
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Features of the decision
Legal force of the decision – decision cannot be changed and is binding for the parties of the dispute, conditions - delivery to the addressee, exhaustion of legal remedies Feasibility of the decision – decision can be enforced by executory means, conditions – legal force, expiration of a period given for voluntary fulfillment of a duty
Intபைடு நூலகம்rpretation of law
Intellectual activity focused on finding the content, sense and meaning of legal norms Interpretation is necessary for every activity in law Object of interpretation are not only legal norms but also decisions, evidence etc. Desinterpretation – false interpretation
Assessment of factual questions – collecting of relevant information about the case – according the rules of evidence Assessment of legal questions – state authority must choose relevant legal norm and interpret it Publication of the decision – delivery to the addressee
According to character:
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Meritorious decision – decision about the essence of the case Procedural decision – decision about procedural questions
Process of the application
Gaps in the law
Cases where some legal relation is not regulated by particular legal norm Analogy – used to fill the gaps in law – State authority uses similar legal norm – State authority uses legal principle Discretional authority – legal norms contain inexplicit terms which enables judge to choose the right solution according to the specific circumstances of the case
Classification according to subject II.
Judicial interpretation – made by courts, it is not generally binding, more important is interpretation of higher courts Internal interpretation – made by higher administrative authorities, binding for inferior authorities Scientific interpretation – made by legal science (textbooks, commentaries of codes, articles in legal magazines), it is not binding
Classification according to subject I.
Interpretation of Constitutional court – generally binding Authentic interpretation – made by the creator of legal norm - generally binding Legal interpretation – made by subject authorized by law - generally binding
1. 2. 3.
Judicial process Administrative process Arbitration
Classification of decisions
According to results:
– –
Constitutive decision – can establish, change or repeal legal relations Declaratory decision – can confirm the existence of legal relations if there is a dispute
Application and interpretation of law
Application of law
Specific form of realization of legal norms It lies in the competence of state authorities to make decisions in different cases It has the form of process