法学专业毕业论文外文翻译--- 新西兰奥特来罗瓦的公正和法律

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外文文献原告和译文

北京化工大学北方学院NORTH COLLEGE OF BEIJING UNIVERSITY OFCHEMICAL TECHNOLOGY（2011）届本科生毕业设计外文文献翻译题目：半干法烟气脱硫—反应器的优化学院：理工学院专业：应用化学学号： 070105131 姓名：谷东亮指导教师：孟献民老师教研室主任（负责人）：顾明广老师2011 年 5 月 18 日外文文献原稿和译文原稿ABSTRACTThe TURBOSORP process is a dry flue gas cleaning system to remove pollutants like,,mercury,heavy metals, dioxins and furans, and dust. The main principle of this process is tobring flue gas into an intensive contact with calcium hydroxide, open hearth furnace coke, waterand recirculated material in the Turboreactor, which operates as a circulating fluidized bed in themanner of fast fluidization.In 2000 AE&E started a development and research project with the aim to simulate the fluiddynamics of the Turboreactor with a commercially used CFD code. Starting with the developmentof the one-phase simulation the existing reactor geometry was optimized concerning the pressureloss. After this step research activities on a two-phase simulation (gas and solid flow) based on theconcept of Euler-Lagrange should help to better understand the mechanism of solid distribution inthe reactor and to calculate the part of the pressure drop of the fluidized bed depending on thesolids.Among other things the recent results of the start-up phase of a TURBOSORP FGD-plant withoptimized reactor design are described in this paper. As a highlight the Turboreactor pressure losswas reduced by about 20 percent, compared to a conventional reactor design. INTRODUCTIONToday, the application of dry technologies for the cleaning of flue gases of power stations or wasteincineration plants is considered as the state-of-the-art technology. Due to the use of the fluidizedbed technology and of the recirculation of the partially reacted product it hasbeen possible toeliminate prejudices against this technology which were based upon a bad utilisation of the sorbentand low separation performances.Because of the considerably reduced investment costs there is an important market potential for thedry technology in addition to the wet technology. Especially in the field of retrofitting and/orrehabilitation of existing plants the dry technology plays an important role.Presently, various competitors offer dry processes on the market of which the differences in theprocess concept hardly can be discerned. In certain cases, the differences only exist in the planttechnology and in the design of the reactor. Nevertheless, the potential of optimisation aiming atfurther improved desulphurisation performances and at minimum consumption of consumables is not exhausted yet.As state-of-the-art in the field of flue gas desulphurisation removal efficiencies up to 95 % at Ca/Sratiosup to 1.25 can be achieved with this technology without problems. Even in the field of fluegas cleaning after waste incineration plants the emission limits as prescribed by the 17th Decree ofthe German Federal Immission Act (17. BImSchV) can be achieved (see table1.Table 1: Emission regulations for flue gases from waste incineration - EuropeAustrian Energy and Environment AG (AEE), emerged from the traditional companies WaagnerBiro AG and Simmering Graz Pauker AG, was reestablished in July 2002, after a short intermezzowith the German Babcock Borsig Power Group between 1999 and 2002. By way of theTURBOSORPÒ process AEE offers a dry technology for the flue gas desulphurisation and the fluegas cleaning after waste incineration plants. Because of the use of the most up-to-date design tools like e.g. CFD-modeling of critical plant components, AEE is able to provide an optimum design.Additionally, AEE operates a pilot plant where critical operating cases, as for example extreme fluegas compositions, can be simulated duringexperiment.PROCESS TECHNOLOGYIn the TURBOSORPÒ process the flue gas flows through a cylindrical apparatus (fluidized bedreactor) from the bottom to the top. The bed material is made up of solids, consisting of calciumhydroxide, calcium carbonate, the solid reaction products of the flue gas cleaning process, and ashesfrom the combustion process. Fresh and active material, either Ca(OH)2 or CaO, is injected into thereactor while solids, that have already undergone several cycles are recirculated into the reactor(refer to Fig. 1). The term …cycle“ means a complete circulation of the sorbent particles through thewhole plant (Turboreactor, separator, buffering tanks that may be installe.In order to lower the flue gas temperature for achieving an increased desulphurisation capacitywater is injected horizontally or vertically, usually by means of a water nozzle, which is in thevicinity of the flue gas inlet. 6 In addition to the temperature reduction of the flue gas this also leadsto an increase in the relative humidity. Moreover, the wetting of the recirculated sorbents in thereactor makes new and reactive surfaces accessible at the solids particles as product layers whichwere already formed become detached again by thiswetting (refer to Fig. 2.Apart from this activation by means of the water injection a mechanical activation of therecirculated solids particles is also achieved by means of the turbulent flow in the fluidized bedreactor, as the solids particles collide with each other and with the wall. The operating state of thefluidized bed lies within the range of the so-called ²fast fluidized beds², i.e. within the transitionzone to pneumatic conveying.The flue gas inlet of the Turboreactor is designed as a Venturi nozzle. Due to the high flue gasvelocities in the Venturi nozzle the collapse of the fluidized bed and the falling down of solidparticles through the Venturi nozzle is avoided.After the outlet from the Turboreactor the solid particles are separated from the flue gas inaseparator. When using the TURBOSORPÒ process for flue gas desulphurisation either electrostaticprecipitators or fabric filters, preferably with mechanical pre-separators, can be used. When using itfor the cleaning of flue gases of a waste incineration plant, only a fabric filter may be installed. Therecirculation of the separated material in the reactor can be made either pneumatically (fluidizing conveyor) or mechanically (screw conveyor). Fig. 3 shows the process flow diagram of theTURBOSORP process.For the use of the TURBOSORPÒ process within the framework of the flue gas desulphurisationand/or in the field of gas cleaning after waste incineration plants not only the solids separator isdifferent but mainly the operating range of the process.Fig. 4 shows the different applications for the TURBOSORPÒ process. Depending on the relationbetween SO2 and HCl there are three types of applications, the TURBOSORPÒ-FGD (flue gasdesulphurization), the TURBOSORPÒ-FGCB (flue gas cleaning after biomass boilers) and theTURBOSORPÒ-FGCW (flue gas cleaning after waste incinerators).In the TURBOSORPÒ-FGD process the minimum operating temperature depends on the situationof the water dew point of the gas to be cleaned. It is recommended to maintain a minimum distanceof 20 to 25°C from the dew point, which prevents caking or agglomeration of the solids on the wallsin the Turboreactor. The content of chlorine in the flue gas is to be considered as well as thereaction product, which is strongly hygroscopic, and may lead to caking andagglomeration.For the use of the TURBOSORPO-FGCW process in the field of flue gas cleaning after wasteincineration plants the content of chlorine of the flue gas is higher than the content of SO2.Furthermore, in the TURBOSORPO-FGC process open-hearth oven coke (HOC) is injected inaddition to the sorbent containing calcium, which guarantees the separation of dioxins/furans aswell as the separation of the volatile heavy metals like mercury, cadmium, and thallium. In theTURBOSORPO-FGCB process the relation ofwill be between the FGD and the FGCW.The typical range of the operation temperature can be found in Fig. 5. The exact temperaturedepends also on the relative humidity, the fly ash input into the process and the demandedseparation efficiency for the.The product of the TURBOSORPO-FGD process can be dumped in a landfill for non-hazardouswaste without further treatment. Stabilized product can also be used for special building purposeslike sound insulation or the final covering of landfills.The product from the TURBOSORPO-FGBC or FGCW process can be dumped in a landfill fornon-hazardous waste only after a further stabilization which is required because of the mobilizationof the heavy metals that would occur otherwise.CFD-SIMULATIONThe design and optimization of circulating fluidized beds is still a challenging task. To get a betterunderstanding of the behavior of the multi-phase flow inside the reactor, the application ofComputational Fluid Dynamics (CFD) can be a helpful tool. For the optimization and theinvestigation of the TURBOSORPO process, a research project was started in the year 2000 incooperation of Austrian Energy and Environment and the University ofLeoben to perform CFDsimulationsof this process.The following milestones were fixed for the research project:·Development of a strategy to simulate the two-phase flow of solids and flue gases forengineering purposes.· Consideration of the heat transfer between the solids and the gas.· Extension of the model to describe the three-phase flow of gas, solids, and water.· Modeling the evaporation of the water droplets and the drying of the agglomerates. Currently, the third point in the project schedule has been reached.Theoretical backgroundWe use the commercial CFD-Software FIRE 7.3, of AVL-List GmbH. The program is a generalpurpose CFD-software package and it uses the finite-volume method to simulate fluid systems. Thesolution domain is subdivided into a finite number of volume elements. To each volume element,the conservation equation for mass, momentum, energy andadditional parameters of the flow field(e.g. species concentration) are applied.To take into account the turbulence of the gas flow, the k-e two-equation model is used.The description of the multiphase flow is based on the Euler-Lagrange approach. While the gasphase is treated as a continuous fluid, the solid particles and liquid droplets are represented by anumber of numerical particles. The motion of the numerical particles is calculated by solvingLagrangian equations of motions in accordance with Newton’s Second Law. The interactionbetween the continuous and the dispersed phase is considered by two-way coupling.The application of the Euler-Lagrange approach to simulate multi-phase flow in circulatingfluidized beds is somewhat untypical, because it is valid only for dilute flows. Nevertheless, due tothe flow regime of fast fluidization up to pneumatic conveying and the very low overallconcentration of solids and water in the reactor, the assumption of a dilute flow is valid, except nearthe solids feed.The advantages of this way of multi-phase flow modeling are the capabilities of a more detaileddescription of the properties of the dispersed phase like size distribution or inter-particle forces.For the application of FIRE, it was necessary to extend the code with usersubroutines for thedescription of particle-wall, particle-particle interaction, solids input and recirculation as well aswater injection. A routine for the modeling of the interaction of solids particles with the waterdroplets and the resulting formation of agglomerates is currently in the test phase.译文摘要半干法烟气是一个用干燥的流体清洗系统来去除烟气污染物如二氧化硫、盐酸、氢氟酸、水银、重金属、二恶英和呋喃、尘土的脱硫过程。

法学专业强奸罪大学毕业论文外文文献翻译及原文

毕业设计（论文）外文文献翻译文献、资料中文题目：强奸罪文献、资料英文题目：文献、资料来源：文献、资料发表（出版）日期：院（部）：专业：法学专业班级：姓名：学号：指导教师：翻译日期： 2017.02.14毕业设计（论文）题目：论强奸罪的犯罪对象专业（方向）：法学专业外文出处：CRIMINAL LAW NEWS.ISSUE 52 FEBRUARY2013.ISSN 1758-843X.外文资料翻译译文强奸罪1.普通法系中的强奸“强奸”一词的字典定义包括对一个人或社区的任何严重破坏性侵犯。

在英国和美国共同法律，“强奸”在传统上描述了一个强迫女人与他性交的男人。

直到第二十世纪后期，通过对他的妻子的丈夫强迫性行为不被认为是强奸，因为一个女人（为了某些目的）不被视为一个独立的法人有权拒绝。

在某些情况下，一个女人被认为是在一个终身性的关系中预先给予了含蓄的知情同意。

然而，在大多数西方国家，现代刑法已经立法禁止这种例外，现在包括婚内强奸和性暴力的阴道性交以外的行为，如强迫性行为，这是在传统上禁止鸡奸法，在他们的定义中的“强奸”。

因此，“强奸”这个术语有时被认为是“加载”，许多司法管辖区承认，在它的替代，更广泛的类别的性侵犯或性暴力。

在某些司法管辖区，侵犯已被构造为包括在没有得到许可的情况下，将身体分泌物弄在其他人身上。

在某些司法管辖区，这被认为是自动加重的殴击罪（Zarrokh，2007）。

2.暴力强奸罪当暴力行为超出了强奸的本身就成为攻击的一部分，包括身体暴力或威胁的伤害，死亡威胁或威胁对家庭成员，该罪行被称为暴力强奸。

暴力强奸的罪行可能由陌生人或者甚至是受害者认识的人犯下，研究表明，这种类型的强奸是最常见的报道(Bachman and Saltzman, 1995)。

3.美国的强奸强奸的法律定义在州与州之间是不同的，但是尽管如此，强奸通常被定义为强迫或者非自愿的性交。

强奸可以通过恐吓、伤害的威胁和/或实际的暴力来完成。

外文翻译--司法构造：超越民事诉讼

外文翻译原文：Constructs of Justice: Beyond Civil Litigation Of：Alan J. Tomkins andKimberly ApplequistProminent justice theories, that is, distributive, procedural, restorative, and retributive justice.Briefly, distributive justice is concerned primarily with the perceived fairness of the outcome of a given proceeding, whether that proceeding is judicial, quasi judicial or entirely non-judicial in nature. Procedural justice, in contrast, is concerned with whether the procedures used in a given process are considered fair by the participants, and is similarly not restricted to judicial settings. Restorative justice is concerned, as the name implies, with restoring an injured party to his or her pre-injury state and helping the injuring party recognize and redress the injurious nature of his or her acts. Finally, retributive justice looks at the psychology of responding to harms that have been inflicted. Recent research indicates that retributive and restorative justice principles are, as with the distributive and procedural justice contexts, applicable outside the judicial context.Justice constructs as well as the numbers, their boundaries, etc. For purposes of this rely on the constructs of justice used by Tom Tyler, by far the most prolific and important of modern justice scholars, and his colleagues in their book, Social Justice in a Diverse Society.Constructs of Justice: Beyond Civil Litigation 259 distribution of resources among competing parties, while a need-based allocation might result in a previously disadvantaged party receiving a larger share of the resources, and an efficiency-based allocation might call for distributing a larger share to those parties that produce the most. In a given situation, then, how might one decide which principle(s) should be applied to make an appropriate allocation determination? There is, perhaps not surprisingly, some dispute about this. Rawls himself felt that the principles apply in some sort of orderly hierarchy, but others have argued that people may use most or allof the principles to some degree, depending on the given situation . Research in the area of distributive justice also suggests that there may be differences in priority for people of different demographic groups. Gender, race, and cultural background can all affect distribution prioritization, as can cognitive processes such as attributions.Given the principles that appear to be at work in the distributive justice construct, then, it is not difficult to see how research in this area could tell us much not only about civil justice in courtroom settings, but also about legislative decisions that regulate courtroom outcomes or allocate resources directly. Distributive justice principles would be particularly valuable to examine public satisfaction with administrative agency decision-making, which regulates so much activity in American society, particularly with respect to the allocation or distribution of resources.Procedural Justice Perhaps somewhat surprisingly, distributive justice principles are often less important to disputants than other factors when individuals are asked to evaluate their overall satisfaction with the resolution of some dispute or resource allocation. In many instances, procedural justice principles carry greater weight than distributive outcome measures like equity or equality in determining the overall level of satisfaction for parties to a dispute. In other words, individuals who view the dispute resolution process as fair are often more willing to accept outcomes that are objectively less equal or equitable. Starting with early research by John, a social psychologist, and Laurens Walker, a law professor, into procedural justice, the role of perceptions of procedural justice has been and continues to be a major focus for researchers. Indeed, research into the interactive roles of procedural 260 A. J. Tomkins, K. Applequist and distributive justice indicates that a sense of procedural justice is usually more important than a sense of distributive justice in determining whether an outcome or distribution allocation is likely to be accepted by the parties to a dispute.Procedural justice, as the name implies, focuses on whether the procedures used to make an allocation determination are fair, without regard to the actual outcome. Tyler identifies four key factors that individuals weigh when determining whether a proceeding is procedurally fair: fairness and neutrality of the decision maker;opportunity to present one’s side of the dispute; trustworthiness of the decision maker; and respectful treatment of all parties during the course of the proceedings.Perhaps least surprising among the four components of procedural justice is the requirement that the decision maker be perceived as neutral. Although it might seem reasonable that one would prefer to have a dispute heard by a judge known to be biased in favor of the claimant’s position,2 it is also the case that no one would want to have a matter resolved by a decisionmaker known to be biased against the claimant. Thus, it is important that the decisionmaker be perceived as neutral by all parties to a dispute in order to prevent either party from feeling that justice has suffered due to the decisionmaker’s bias.As important as the neutrality of the decisionmaker is the opportunity to present one’s side of the dispute in front of that neutral decisionmaker.Research indicates that the opportunity to voice one’s position is critical to the overall perception of procedural justice. Indeed, there are reports of instances where even though a party has received everything sought in a dispute, he or she nevertheless reports frustration with the proceedings due to the denial of the opportunity to fully tell his or her story. Tyler reports defendants’ dissatisfaction with a traffic court judge who routinely dismissed the tickets of those who appeared in court to contest them. The judge reasoned that if the defendants had taken the time off their jobs to come to court to fight the matter, they had been sufficiently punished for whatever infraction they might have been charged with. Although the outcome manifestly favored those who contested their traffic tickets, the defendants frequently reported that they felt frustrated with the outcome because they were not given the opportunity to present their case before the decision was rendered. Many of them had gone to some lengths to prepare their case–taking pictures of the scene or arranging witnesses – only to have all charges dropped before they could tell their side of the story. Despite the positive distributive outcome, they were disturbed by the fact that their voice was not heard.Related but not identical to the neutrality of the decisionmaker is his, her, or their trustworthiness. A biased decisionmaker by definition will not be deemed trustworthyby all parties to a dispute, but neutrality does not guaranteeIndeed, this common sentiment is the inspiration behind a t-shirt that is popular among litigators, which reads, ‘A good lawyer knows the law; a great lawyer knows the judge.’Constructs of Justice: Beyond Civil Litigation 261 trustworthiness. Rather, the decisionmaker must be an individual or group whom the parties believe will apply any relevant laws, rules, or other decisionmaking principles in an appropriate and consistent manner to oversee the proceedings and arrive at his, her, or their decision(s). Trustworthiness also has implications for legitimacy in governmental actions.As part of their in-depth analysis of a restorative justice dialogue that arose from the robbing of an Israeli woman by two Palestinian boys, Umbreit and Ritter articulate six elements to a restorative justice dialogue. First, everyone who was directly affected by the crime should be encouraged to participate in the dialogue. Second, the victim and the offender should be able to choose family members and or support persons to be present, if they desire.Constructs of Justice: Beyond Civil Litigation 263Third, critically, participation in the dialogue must be voluntary by all parties.Fourth, the process of the dialogue should be adapted to the needs of both the victim and the offender. Fifth, extra deference should be shown to the victim, but the offender should still be treated with respect. And sixth, all of the primary parties to the dialogue should be prepared in advance through in-person meetings with some mediator facilitator prior to the dialogue.While the concept of restorative justice is relatively new to American courts,similar principles can be found in many traditional or historical societies.Gray-Kanatiiosh and Lauderdale discuss the use of restorative principles in Native American societies as a way of maintaining balance within the society.They argue that, rather than exerting control through‘stricter laws, more law enforcement officers, and increased funding’as a way to decrease crime inNative American communities, the money would be better spent restoringa multidimensional web of justiceby identifying, understanding and, where possible,re-creating traditional cultural social practices and structures to maintain social balance, diversity, and harmony within their societies.The web of justice they describe includes preventative as well as restorative mechanisms that together function to maintain justice, at least justice as fairness.More recent research in the area of restorative justice has expanded from the criminal law context to applying the principles of restorative justice in other areas. One such area is that of civil litigation. Civil litigation, and more particularly tort litigation, is generally intended to redress some injury that results from the intentional or negligent acts or omissions of another. Such cases can range from the deliberate injury of one person by another, to medical malpractice, to the notorious slip-and-fall case. Similarly, in breach of contract litigation, a party generally alleges that it has been injured due to the other party’s failure to perform under the terms of the contract, entitling the nonbreaching party to damages or other equitable relief. In both types of lawsuit, the injured party sues in order to be made whole for his or her injury. Yet, is the civil litigation process, with its monetary verdicts, the best recompense for an injury?Greene’s chapter in this volume is an example of the application of restorative justice in the civil justice arena. As Greene points out, the civil litigation experience can be very unpleasant for all the participants, and can ultimately leave even successful litigants feeling unsatisfied. This lack of satisfaction may stem from a number of factors, including the length of time required for the process, its costs –which include time away from work or loved ones and emotional toll in addition to legal fees and court costs and various other frustrations.Greene explores the therapeutic and especially the counter therapeutic effects of litigation. Drawing on procedural justice theory, she argues both plaintiffs and defendants in tort litigation may gain some measure of satisfaction from being able to voice their side of the story and from being treated fairly 264 A. J.Tomkins, K. Applequist and respectfully. On the other hand, the lengthy and often acrimonious process of litigation, which may stretch out for a considerable period of time and usually results at most in the exchange of monetary compensation, often without theactual dispute being heard by the court, may actually have a counter-therapeutic effect in terms of prolonging the suffering of both parties and worsening the physical and mental health and well-being of the injured party. It is for these reasons that Greene argues for adoption of a restorative justice approach to tort litigation, as its emphasis is upon speedy resolution to disputes and providing the parties an opportunity to talk through the injury and its impacts and explain their respective sides of the story. The hope is that by encouraging out-of-court resolution, the parties will find it more satisfying and allow them to move past the dispute or incident that led to the initial conflict.翻译：司法构造：超越民事诉讼作者：Alan J. Tomkins /Kimberly Applequist突出的正义理论，即，分配，程序，恢复性和报复性的正义。

法学英文文献

法学英文文献在法学领域，英文文献是研究和学习的重要资源。

以下是一些关于法学的英文文献综述。

1. "The Development of Environmental Law: A Comparative Analysis" - 本文综述了环境法的发展，探讨了不同国家环境法的异同，并对环境法的未来趋势进行了展望。

2. "The Evolution of Corporate Governance: A Global Perspective" - 本文回顾了公司治理结构的演变，探讨了不同国家和地区公司治理的差异，并分析了公司治理对企业发展的重要性。

3. "Human Rights Law: A Comprehensive Analy sis" - 本文对人权法进行了全面的分析，包括人权法的起源、发展、主要的人权公约以及人权法在实践中的应用。

4. "Intellectual Property Law: Key Issues and Ch allenges" - 本文讨论了知识产权法的重要问题和挑战，包括专利、商标、版权的保护范围、侵权行为以及知识产权的国际保护。

5. "Comparative Constitutional Law: A Study of Selected Countries" - 本文比较了不同国家的宪法法律制度，包括宪法的基本原则、权力机构的设置以及宪法的解释和适用。

6. "Criminal Law: Theory and Practice" - 本文综述了刑法的基本理论，包括犯罪、刑事责任、刑罚等概念，并分析了刑法在实践中的应用和挑战。

7. "Family Law: Trends and Reforms" - 本文讨论了家庭法的趋势和改革，包括婚姻、离婚、抚养权、家庭暴力等问题，并分析了不同国家和地区家庭法的差异。

法学专业论文文献外文有哪些

法学专业论文文献外文有哪些法学论文外文参考文献(一)[1]范愉.司法制度概论[M].北京:中国人民大学出版社,XX:23.[2]付子堂.法律功能论].北京:华夏出版社,1989,:353.[4]王利明.法治的社会需要司法公正[M].北京:法制出版社,XX.[5]程竹汝.司法改革与政治发展[M].北京:中国社会科学出版社,XX:5.[6]张晋藩.中国法律的传统和近代转型[M].北京:法律出版社,XX.[7]董必武.董必武政治法律文集[M]北京:法院出版社,1982.[8]罗.庞德.通过法律的社会控制､法律的任务[M]北京:商务印书馆,1984:8-9.[9]孟德斯鸠.论法的精神[M]北京:商务印书馆,1982:154.[10]庞德.通过法律的社会控制､法律的任务[M]北京:商务印书馆,1984:42.[11]孙万胜.司法权的法理之维[M]北京:法律出版社,XX:134.[12]苏力.送法下乡一中国基层司法制度研究[M].北京:中国政法大学出版社,XX:200.[13]范偷.纠纷解决的理论与实践[M].北京:清华大学出版社,XX:547-555.[14]田有成.乡土社会的民间法[M].北京:法律出版社,XX:4.[15]顾培东.构建和谐社会背景下的纠纷解决之道[M].北京:中国政法大学,XX:1.法学论文外文参考文献(二)1.沈跃东:《乡镇人民政.府环境保护职权的法规范分》,《法治研究》XX年第3期。

2.徐亚文:《口述历史与法律》,《中.共青岛市.委党校.青岛行政学院学报》XX年第1期。

3.陈瑞华:《从经验到理论的法学方法》,《法学研究》XX年第6期。

4.薛以胜:《法学研究方法初探》,《科技信息》XX年第3期。

5.崔二玲:《浅析法律方法》,《法制与社会》XX年第1期。

6.罗旭南:《法学方法多样化在中国法律史教学中的适用》,《海南大学学报》(文社会科学版)XX年第4期。

7.刘颖:《法学方法与法律方法的耦合》,《中南林业科技大学学报》(社会科学版)XX年第4期。

毕业论文外文翻译范例

外文原文(一)Savigny and his Anglo-American Disciple s*M. H. HoeflichFriedrich Carl von Savigny, nobleman, law reformer, champion of the revived German professoriate, and founder of the Historical School of jurisprudence, not only helped to revolutionize the study of law and legal institutions in Germany and in other civil law countries, but also exercised a profound influence on many of the most creative jurists and legal scholars in England and the United States. Nevertheless, tracing the influence of an individual is always a difficult task. It is especially difficult as regards Savigny and the approach to law and legal sources propounded by the Historical School. This difficulty arises, in part, because Savigny was not alone in adopting this approach. Hugo, for instance, espoused quite similar ideas in Germany; George Long echoed many of these concepts in England during the 1850s, and, of course, Sir Henry Sumner Maine also espoused many of these same concepts central to historical jurisprudence in England in the 1860s and 1870s. Thus, when one looks at the doctrinal writings of British and American jurists and legal scholars in the period before 1875, it is often impossible to say with any certainty that a particular idea which sounds very much the sort of thing that might, indeed, have been derived from Savigny's works, was, in fact, so derived. It is possible, nevertheless, to trace much of the influence of Savigny and his legal writings in the United States and in Great Britain during this period with some certainty because so great was his fame and so great was the respect accorded to his published work that explicit references to him and to his work abound in the doctrinal writing of this period, as well as in actual law cases in the courts. Thus, Max Gutzwiller, in his classic study Der einfluss Savignys auf die Entwicklung des International privatrechts, was able to show how Savigny's ideas on conflict of laws influenced such English and American scholars as Story, Phillimore, Burge, and Dicey. Similarly, Andreas Schwarz, in his "Einflusse Deutscher Zivilistik im Auslande," briefly sketched Savigny's influence upon John Austin, Frederick Pollock, and James Bryce. In this article I wish to examine Savigny's influence over a broader spectrum and to draw a picture of his general fame and reputation both in Britain and in the United States as the leading Romanist, legal historian, and German legal academic of his day. The picture of this Anglo-American respect accorded to Savigny and the historical school of jurisprudence which emerges from these sources is fascinating. It sheds light not only upon Savigny’s trans-channel, trans-Atlantic fame, but also upon the extraordinarily*M.H.Hoeflich, Savigny and his Anglo-American Disciples, American Journal of Comparative Law, vol.37, No.1, 1989.cosmopolitan outlook of many of the leading American and English jurists of the time. Of course, when one sets out to trace the influence of a particular individual and his work, it is necessary to demonstrate, if possible, precisely how knowledge of the man and his work was transmitted. In the case of Savigny and his work on Roman law and ideas of historical jurisprudence, there were three principal modes of transmission. First, there was the direct influence he exercised through his contacts with American lawyers and scholars. Second, there was the influence he exercised through his books. Third, there was the influence he exerted indirectly through intermediate scholars and their works. Let us examine each mode separately.I.INFLUENCE OF THE TRANSLATED WORKSWhile American and British interest in German legal scholarship was high in the antebellum period, the number of American and English jurists who could read German fluently was relatively low. Even those who borrowed from the Germans, for instance, Joseph Story, most often had to depend upon translations. It is thus quite important that Savigny’s works were amongst the most frequently translated into English, both in the United States and in Great Britain. His most influential early work, the Vom Beruf unserer Zeitfur Rechtsgeschichte und Gestzgebung, was translated into English by Abraham Hayward and published in London in 1831. Two years earlier the first volume of his History of Roman Law in the Middle Ages was translated by Cathcart and published in Edinburgh. In 1830, as well, a French translation was published at Paris. Sir Erskine Perry's translation of Savigny's Treatise on Possession was published in London in 1848. This was followed by Archibald Brown's epitome of the treatise on possession in 1872 and Rattigan's translation of the second volume of the System as Jural Relations or the Law of Persons in 1884. Guthrie published a translation of the seventh volume of the System as Private International Law at Edinburgh in 1869. Indeed, two English translations were even published in the far flung corners of the British Raj. A translation of the first volume of the System was published by William Holloway at Madras in 1867 and the volume on possession was translated by Kelleher and published at Calcutta in 1888. Thus, the determined English-speaking scholar had ample access to Savigny's works throughout the nineteenth century.Equally important for the dissemination of Savigny's ideas were those books and articles published in English that explained and analyzed his works. A number of these must have played an important role in this process. One of the earliest of these is John Reddie's Historical Notices of the Roman law and of the Progress of its Study in Germany, published at Edinburgh in 1826. Reddie was a noted Scots jurist and held the Gottingen J.U.D. The book, significantly, is dedicated to Gustav Hugo. It is of that genre known as an external history of Roman law-not so much a history of substantive Roman legal doctrine but rather a historyof Roman legal institutions and of the study of Roman law from antiquity through the nineteenth century. It is very much a polemic for the study of Roman law and for the Historical School. It imparts to the reader the excitement of Savigny and his followers about the study of law historically and it is clear that no reader of the work could possibly be left unmoved. It is, in short, the first work of public relations in English on behalf of Savigny and his ideas.Having mentioned Reddie's promotion of Savigny and the Historical School, it is important to understand the level of excitement with which things Roman and especially Roman law were greeted during this period. Many of the finest American jurists were attracted-to use Peter Stein's term-to Roman and Civil law, but attracted in a way that, at times, seems to have been more enthusiastic than intellectual. Similarly, Roman and Civil law excited much interest in Great Britain, as illustrated by the distinctly Roman influence to be found in the work of John Austin. The attraction of Roman and Civil law can be illustrated and best understood, perhaps, in the context of the publicity and excitement in the English-speaking world surrounding the discovery of the only complete manuscript of the classical Roman jurist Gaius' Institutes in Italy in 1816 by the ancient historian and German consul at Rome, B.G. Niebuhr. Niebuhr, the greatest ancient historian of his time, turned to Savigny for help with the Gaius manuscript (indeed, it was Savigny who recognized the manuscript for what it was) and, almost immediately, the books and journals-not just law journals by any means-were filled with accounts of the discovery, its importance to legal historical studies, and, of course, what it said. For instance, the second volume of the American Jurist contains a long article on the civil law by the scholarly Boston lawyer and classicist, John Pickering. The first quarter of the article is a gushing account of the discovery and first publication of the Gaius manuscript and a paean to Niebuhr and Savigny for their role in this. Similarly, in an article published in the London Law Magazine in 1829 on the civil law, the author contemptuously refers to a certain professor who continued to tell his students that the text of Gaius' Institutes was lost for all time. What could better show his ignorance of all things legal and literary than to be unaware of Niebuhr's great discovery?Another example of this reaction to the discovery of the Gaius palimpsest is to be found in David Irving's Introduction to the Study of the Civil Law. This volume is also more a history of Roman legal scholarship and sources than a study of substantive Roman law. Its pages are filled with references to Savigny's Geschichte and its approach clearly reflects the influence of the Historical School. Indeed, Irving speaks of Savigny's work as "one of the most remarkable productions of the age." He must have been truly impressed with German scholarship and must also have been able to convince the Faculty of Advocates, forwhom he was librarian, of the worth of German scholarship, for in 1820 the Faculty sent him to Gottingen so that he might study their law libraries. Irving devotes several pages of his elementary textbook on Roman law to the praise of the "remarkable" discovery of the Gaius palimpsest. He traces the discovery of the text by Niebuhr and Savigny in language that would have befitted an adventure tale. He elaborates on the various labors required to produce a new edition of the text and was particularly impressed by the use of a then new chemical process to make the under text of the palimpsest visible. He speaks of the reception of the new text as being greeted with "ardor and exultation" strong words for those who spend their lives amidst the "musty tomes" of the Roman law.This excitement over the Verona Gaius is really rather strange. Much of the substance of the Gaius text was already known to legal historians and civil lawyers from its incorporation into Justinian's Institutes and so, from a substantive legal perspective, the find was not crucial. The Gaius did provide new information on Roman procedural rules and it did also provide additional information for those scholars attempting to reconstruct pre-Justinianic Roman law. Nevertheless, these contributions alone seem hardly able to justify the excitement the discovery caused. Instead, I think that the Verona Gaius discovery simply hit a chord in the literary and legal community much the same as did the discovery of the Rosetta Stone or of Schliemann’s Troy. Here was a monument of a great civilization brought newly to light and able to be read for the first time in millenia. And just as the Rosetta Stone helped to establish the modern discipline of Egyptology and Schliemann's discoveries assured the development of classical archaeology as a modern academic discipline, the discovery of the Verona Gaius added to the attraction Roman law held for scholars and for lawyers, even amongst those who were not Romanists by profession. Ancillary to this, the discovery and publication of the Gaius manuscript also added to the fame of the two principals involved in the discovery, Niebuhr and Savigny. What this meant in the English-speaking world is that even those who could not or did not wish to read Savigny's technical works knew of him as one of the discoverers of the Gaius text. This fame itself may well have helped in spreading Savigny's legal and philosophical ideas, for, I would suggest, the Gaius "connection" may well have disposed people to read other of Savigny's writings, unconnected to the Gaius, because they were already familiar with his name.Another example of an English-speaking promoter of Savigny is Luther Stearns Cushing, a noted Boston lawyer who lectured on Roman law at the Harvard Law School in 1848-49 and again in 1851- 1852.Cushing published his lectures at Boston in 1854 under the title An Introduction to the Study of Roman Law. He devoted a full chapter to a description of the historical school and to the controversy betweenSavigny and Thibaut over codification. While Cushing attempted to portray fairly the arguments of both sides, he left no doubt as to his preference for Savigny's approach:The labors of the historical school have established an entirely new and distinct era in the study of the Roman jurisprudence; and though these writers cannot be said to have thrown their predecessors into the shade, it seems to be generally admitted, that almost every branch of the Roman law has received some important modification at their hands, and that a knowledge of their writings, to some extent, at least, is essentially necessary to its acquisition.译文(一)萨维尼和他的英美信徒们*M·H·豪弗里奇弗雷德里奇·卡尔·冯·萨维尼出身贵族，是一位出色的法律改革家，也是一位倡导重建德国教授协会的拥护者，还是历史法学派的创建人之一。

法学毕业论文法学外文翻译中英文对照

英文原文：Hｏw Ｒeal Ｉs Chｉna’s Real Estate Bubｂle And ＷhaｔShｏｕld Be Done ａｂｏut ＩtThinｋ U.S. houｓｉｎg priceｓ havｅｇone beｒserk？Ｔry ｔho ｓe in Ｓｈanｇhai aｎd Ｂeijing， where the cost oｆｈoｍeｓ has ｂeeｎ rｉsing an ｅstｉmaｔｅd 25％ａnnually in ｒecent yeaｒs。

Th ａｔ’ｓｔwｉce tｈｅ jｕmｐ in ｔｈe median sale pｒicｅｏf ｅxisti ｎg Ｕ。

S. homes oｖer tｈe pａｓt ｙear, ａnd a sｉｇn ｔhａｔＣh ｉna’ｓ real ｅｓtate mａrｋet iｓ in ｔｈｅ mｉdst oｆｗｈａt ｓome ｏbsｅrveｒs vｉew as ａ potentially exｐlosiｖe ｂubblｅ.The ｂubｂle is ｒoｏted iｎsuｃh fａctｏrs ａｓ Chｉｎa's ｓtrong ecｏnomic growｔh ｓincｅ 1990 and ｉnｖestor ｂets ｔhat Cｈｉｎa’s curreｎcy， the yuaｎ， will ｂe revalｕed uｐwarｄ in tｈe near ｆｕtｕre. Buｔ such spｅculaｔion is heｌｐing push the ｐｒicｅ of homes beyond tｈｅｒｅach of miｄdｌe ｃlaｓs ｃiｔizenｓ in key Ｃhinｅsｅ ciｔｉes and raｉｓinｇ the prospect oｆａｓudｄen marｋet collapｓｅthaｔ could ｔhrｅａten tｈｅｃountrｙ's shａky bank ｉｎg seｃtor aｎd wiｐe out tｈｅｌife ｓaｖｉｎｇs of manｙｆａmilieｓ。

fiat justitia ruat caelum解释-概述说明以及解释

fiat justitia ruat caelum解释-概述说明以及解释1.引言1.1 概述：“fiat justitia ruat caelum”是一句拉丁文，字面意思是“愿公正击倒天空”。

这句话的含义是指，无论代价如何，公正与正义都应该得到维护和实现。

它强调了正义的重要性，并暗示了它的力量可以战胜一切困难和障碍。

在本文中，我们将深入探讨这句古老的格言的词源解析、历史背景、意义与应用，以及对于现代社会的重要性及未来的展望。

我们希望通过对这句格言的深入探讨，让读者对正义和公正有更深入的理解，同时也能够启发人们在日常生活中积极追求公正和正义。

1.2 文章结构文章结构部分旨在介绍本文的整体架构，让读者对接下来的内容有一个清晰的了解。

本文主要分为引言、正文和结论三个部分。

在引言部分，将会对文章的主题进行概述，解释fiat justitia ruat caelum这一拉丁短语的含义。

同时，还会介绍文章的结构和目的，为接下来的内容铺设基础。

在正文部分，我们将从词源解析、历史背景和意义与应用三个方面对fiat justitia ruat caelum进行深入探讨。

词源解析将帮助读者理解这一短语的字面意思和背后的文化内涵，历史背景则会带领读者回溯到短语出现以来的演变过程，探寻其起源和演变。

最后，意义与应用部分将探讨这一短语在法律与正义领域的重要性和实际应用，展示其在现实生活中的意义和影响。

最后，在结论部分，将对本文的要点进行总结，并探讨fiat justitia ruat caelum的实践意义和未来的发展前景。

希望通过本文的阐述，读者能对这一拉丁短语有更深入的了解，同时也能对法律与正义的重要性有更深刻的认识。

1.3 目的目的部分:文章的目的在于探讨拉丁格言"fiat justitia ruat caelum"的意义和应用。

通过词源解析和历史背景的介绍，我们将深入理解这句格言的含义，探讨其在司法、社会和人类价值观方面的重要性。

法律重要的一些原因英语作文180字

法律重要的原因英语作文1Law plays an indispensable role in our society. It serves as the cornerstone for maintaining social order, ensuring fairness and justice, and promoting economic development.Firstly, law is crucial for maintaining social order. It provides clear rules and regulations that govern people's behaviors. For instance, traffic laws stipulate how we should drive on the roads to prevent chaos and accidents. Laws against vandalism and theft safeguard public properties and keep our communities safe and orderly.Secondly, law is essential for ensuring fairness and justice. It offers a standardized framework to judge disputes and conflicts. In the field of business, laws regulate commercial activities, ensuring fair competition among enterprises. This helps to create a level playing field and promotes economic growth in a stable manner.Moreover, law plays a vital role in punishing criminal acts. It protects citizens' personal and property safety. When criminals are brought to justice in accordance with the law, it deters potential wrongdoers and maintains social stability and harmony.In conclusion, law is of paramount importance as it provides the necessary framework for a civilized, orderly, and prosperous society. Wemust respect and abide by the law to enjoy its benefits and contribute to the common good.2Law plays an indispensable role in our society, safeguarding the rights and freedoms of individuals while maintaining social order and stability. The importance of law becomes particularly evident in various scenarios.During the pandemic, for instance, laws were enacted to ensure public health and safety. Mandatory mask-wearing, social distancing measures, and restrictions on large gatherings were implemented. These laws, though imposing certain constraints on personal freedom, were crucial for protecting the well-being of the entire community. They prevented the rapid spread of the virus and saved countless lives. At the same time, laws also ensured that individual reasonable freedoms were respected. For example, people were still allowed to go outdoors for essential activities and to express their opinions within legal boundaries.In the digital age, the significance of law is no less. The internet has brought about rapid information dissemination, but it has also raised issues such as the spread of false information and violations of privacy. Laws regulating information dissemination help maintain a reliable and trustworthy online environment. They protect citizens' right to privacy and ensure that their personal information is not misused. At the same time, laws also guarantee the freedom of speech on the internet, allowing peopleto express their views and opinions freely as long as they do not violate the law or harm the rights of others.In conclusion, law is not only a restraint but also a protection. It strikes a balance between individual freedom and social interests, creating a harmonious and orderly society. We should respect and abide by the law to enjoy the benefits it brings.3Law plays an indispensable role in our modern world, especially in international interactions. It serves as the bedrock that maintains order and justice among nations. Take international trade as an example. In this complex and vast field, legal norms act as a reliable safeguard for the legitimate rights and interests of various countries. Without clear and enforceable laws, trade disputes would arise frequently, causing chaos and losses. For instance, when it comes to intellectual property protection, specific legal provisions ensure that innovative products and technologies are properly protected, encouraging the exchange and development of advanced knowledge.Furthermore, in the resolution of international disputes, the authority and impartiality of the law are of paramount importance. When conflicts occur between countries over territorial or resource issues, the application of international law provides a peaceful and rational way to solve the problem. It prevents the escalation of conflicts into violent confrontationsand maintains global stability. For instance, the disputes over maritime boundaries have been addressed through legal means, based on established international maritime law.In conclusion, law is not only a tool for governance but also a guarantee for the smooth progress of international cooperation and communication. Its significance lies in providing a stable and predictable framework, allowing different countries to interact and develop on an equal and just basis.4Law is of paramount importance in our society as it serves as the cornerstone for maintaining order, promoting fairness, and driving social progress. One of the significant roles of law is in facilitating educational equity and safeguarding citizens' right to education. For instance, laws ensure that all children, regardless of their background or economic status, have access to quality education. This not only empowers individuals but also enriches the entire society by cultivating a well-educated workforce that can contribute to various fields and drive economic growth.Another area where law plays a crucial role is environmental protection and sustainable development. Laws impose strict regulations on industries to control pollution emissions and promote the use of renewable resources. Through these measures, we are able to preserve our natural environment for future generations. For example, laws may requirefactories to install advanced filtration systems to reduce harmful substances released into the air and water.In conclusion, law is not just a set of rules but a powerful force that shapes a civilized and prosperous society. It provides a framework within which people can live peacefully, pursue their dreams, and contribute to the common good. Without the guidance and enforcement of law, chaos and injustice would prevail, hindering our progress towards a better world.5Law plays an indispensable role in our society. It is not merely a set of rules but a powerful force that shapes our moral and value systems. Laws guide citizens to adhere to social morality and cultivate a sense of integrity. For instance, traffic laws require us to follow traffic rules, which not only ensures our own safety but also reflects our respect for the rights and safety of others. This kind of compliance gradually becomes a part of our moral code, making us more responsible and self-disciplined.Moreover, laws punish immoral behaviors, thereby upholding justice and kindness. Consider cases of fraud or theft. When law enforcement steps in and holds the perpetrators accountable, it sends a clear message that such actions are unacceptable. This not only deters potential wrongdoers but also reassures the public that justice will prevail.Laws also contribute to the stability and order of society. They provide a framework within which people can interact and conduct their affairswith confidence. Without the rule of law, chaos and injustice would likely prevail, undermining the very fabric of our communities.In conclusion, the importance of law cannot be overstated. It molds us into ethical and responsible citizens, safeguards fairness and justice, and maintains the harmony and stability of society. We must respect and abide by the law to build a better world for ourselves and future generations.。

知识产权法学外文文献(中英对照)

Copyright Protection for Artificial IntelligenceCreation1.Introduction在传统的实践中，计算机程序在人类创作作品的过程中通常扮演着辅助工具的角色，作为全新的载体承担代替书写和存储作品的功能，但近年来，人工智能技术的革新改变了这一现状。

所谓人工智能，是指能在人类参与度极低的情况下，能够像人一样perform tasks、think、act、learn、act rationaly（感知、规划、推理、学习、沟通、决策）的智能系统1，从美联社人工智能公司合作开发的人工新闻写作平台Wordsmith的运用，到谷歌人工智能设备DeepDream所生成的绘画拍卖成功，人工智能生成内容逐渐有了近似人类的智力创作的痕迹，并产生相应的经济效益，这对现行的著作权规则提出了新的挑战。

Traditionally, computer program usually played the role of assisting human creation, and as a brand new carrier, assumed the function of replacing writing and storing works. However, in recent years, this situation has been changed by the innovation of artificial intelligence technology. Artificial intelligence refers to intelligent system that can, in the case of very little human involvement, perform tasks, think, act, learn and act rationally just like human being do. From the application of Wordsmith, an artificial news writing platform co-developed by Associate Press artificial intelligence companies, to the successful auction of the painting generated Google artificial intelligence device DeepDream, contents generated by artificial intelligence gradually have with traces of approximate human intelligence creation, and bring about corresponding economic benefits. This poses a new challenge to the existing copyright rules.1See FUTURE of Artificial Intelligence Act of 2017, December 12th, 2017: SEC.3.DEFINITIONS (a) IN GENERAL.—Except as provided in subsection (b), in this Act: (1) ARTIFICIAL INTELLIGENCE.—The term “artificial intelligence” includes the following: (A) Any artificial systems that perform tasks under varying and unpredictable circumstances, without significant human oversight, or that can learn from their experience and improve their performance. Such systems may be developed in computer software, physical handware, or other contexts not yet contemplated. They may solve tasks requiring human-like perception, cognition, planning, learning, communication, or physical action. In general, the more human-like the system within the contxt of its tasks, the more it can be said to use artificial intelligence. (B) Systems that think like humans, such as cognitive architectures and neural networks.(C) Systems that act like humans, such as systems that can pass the Turing test or other conparable test via natural language processing, knowledge representation, automated reasoning, and learning. (D) A set of techniques, including machine learning, that seek to approximate some cognitive task. (E) Systems that act rationally, such as intelligent software agents and embodied robots that achieve goals via perception, planning, reasonging, learning, communicating, decision making, and acting.“作品归于作者”是现代著作权法自诞生以来就确立的原则，作品被视为作者对自身思想和感情的独创性表达，围绕作品产生的权利也只能归属于自然人2。

新西兰法律体系四部分

新西兰法律体系四部分：Court is the implementation of national laws to dealwith the parties or the institution of multi-party disputes. New Zealand's court system from low to high four jurisdictions are divided into:District Court (DistrictCourt);New Zealand High Court (HighCourtofNewZealand);Court of Appeals (CourtofAppeal);Judiciary Committee (in the United Kingdom Privy Council, JudicialCommitteeofthePrivyCouncil);新西兰法院实行的是等级制,即法院按其管辖权大小由低到高逐级上诉,上一级的法院对下一级的法院审理的案件也有审核权，但也有例外情况,比如行政诉讼裁判庭也可以直接上诉到上诉法院。

New Zealand court is a hierarchy, namely the Court of itsjurisdiction size from low to high level by level appeal, on the level of the court on the next level of court cases also have the right to audit。

But there are exceptions, such as administrative proceedings tribunal can also direct appeal to the Court of Appeals.一地区法院District Court in New Zealand about 100 in the country. District Court judges recommended by the Minister of Justice, appointed by the Attorney General. Their number of statutory national shall not be more than 1031.、地区法院的管辖区The district court's jurisdictionCivil, criminal and appellate dispute divided into three types(1) Civil: The scope of the jurisdiction of the district court is---- Tort or contract disputes amount in NZ $ 200,000 less;The land disputes ----- annual rent NZ $ 62,500 or less, or the value of the land in NZ $ 500,000 or less;Request for compensation (such as a request to execute a contract) ----- amount not to exceed NZ $ 200,000 persons.(2)Criminal: the scope of the jurisdiction of the district court isAll minor crimes case. Case of infringement cases or as expressly provided by law, these cases also by two magistrates to hear.Such cases according to the nature of the different form of the trial, such as trial by judge alone or jury trial jointly. Also need to understand is that the District Court usually mild but can sue the crime the right to make judgments shall not exceed three months up to a maximum fine shall not exceed NZ $ 4000. But in the case of a jury to participate in the trial, the district court the power to make law the longest imprisonment or a fine of up to NZ $ 10,000 of the judgment.2、家庭法院New Zealand Family Court was established in 1981, was established in order to provide an appropriate place to referee to resolve family disputes. Family disputes is not only legal issues, as well as its specificity, such as personal behavior and emotional factors.In family court proceedings in cases of non-adversarial, and thus the process of listening to the case is open and informal.Family Court is not open to the public hearing, in order to help safeguard the privacy of theparties. The family courts belong to the Chamber of the District Court, the judge is a judge of the District Court at the same time.3、青少年法院Juvenile courtJuvenile court stressed that informal mediation, consultation procedures, juvenile criminal cases if other solutions, and generally not to prosecute, the juvenile court judge is a judge of the District Court二、高等法院The High Court of New Zealand, has large areas across the Chamber, led by the Chief Justice。

(完整word版)外文文献及翻译doc

Criminal Law1.General IntroductionCriminal law is the body of the law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected offenders,and fixes punishment for convicted persons. Substantive criminal law defines particular crimes, and procedural law establishes rules for the prosecution of crime. In a democratic society, it is the function of the legislative bodies to decide what behavior will be made criminal and what penalties will be attached to violations of the law.Capital punishment may be imposed in some jurisdictions for the most serious crimes. And physical or corporal punishment may still be imposed such as whipping or caning, although these punishments are prohibited in much of the world. A convict may be incarcerated in prison or jail and the length of incarceration may vary from a day to life.Criminal law is a reflection of the society that produce it. In an Islamic theocracy, such as Iran, criminal law will reflect the religious teachings of the Koran; in an Catholic country, it will reflect the tenets of Catholicism. In addition, criminal law will change to reflect changes in society, especially attitude changes. For instance, use of marijuana was once considered a serious crime with harsh penalties, whereas today the penalties in most states are relatively light. As severity of the penaltieswas reduced. As a society advances, its judgments about crime and punishment change.2.Elements of a CrimeObviously, different crimes require different behaviors, but there are common elements necessary for proving all crimes. First, the prohibited behavior designated as a crime must be clearly defined so that a reasonable person can be forewarned that engaging in that behavior is illegal. Second, the accused must be shown to have possessed the requisite intent to commit the crime. Third, the state must prove causation. Finally, the state must prove beyond a reasonable doubt that the defendant committed the crime.(1) actus reusThe first element of crime is the actus reus.Actus is an act or action and reus is a person judicially accused of a crime. Therefore, actus reus is literally the action of a person accused of a crime. A criminal statute must clearly define exactly what act is deemed “guilty”---that is, the exact behavior that is being prohibited. That is done so that all persons are put on notice that if they perform the guilty act, they will be liable for criminal punishment. Unless the actus reus is clearly defined, one might not know whether or not on e’s behavior is illegal.Actus reus may be accomplished by an action, by threat of action,or exceptionally, by an omission to act, which is a legal duty to act. For example, the act of Cain striking Abel might suffice, or a parent’s failure to give to a young child also may provide the actus reus for a crime.Where the actus reus is a failure to act, there must be a duty of care. A duty can arise through contract, a voluntary undertaking, a blood relation, and occasionally through one’s official position. Duty also can arise from one’s own creation of a dangerous situation.(2)mens reaA second element of a crime is mens rea. Mens rea refers to an individual’s state of mind when a crime is committed. While actus reus is proven by physical or eyewitness evidence, mens rea is more difficult to ascertain. The jury must determine for itself whether the accused had the necessary intent to commit the act.A lower threshold of mens rea is satisfied when a defendant recognizes an act is dangerous but decides to commit it anyway. This is recklessness. For instance, if Cain tears a gas meter from a wall, and knows this will let flammable gas escape into a neighbor’s house, he could be liable for poisoning. Courts often consider whether the actor did recognise the danger, or alternatively ought to have recognized a danger (though he did not) is tantamount to erasing intent as a requirement. In this way, the importance of mens rea hasbeen reduced in some areas of the criminal law.Wrongfulness of intent also may vary the seriousness of an offense. A killing committed with specific intent to kill or with conscious recognition that death or serious bodily harm will result, would be murder, whereas a killing affected by reckless acts lacking such a consciousness could be manslaughter.(3)CausationThe next element is causation. Often the phrase “but for”is used to determine whether causation has occurred. For example, we might say “Cain caused Abel”, by which we really mean “Cain caused Abel’s death. ”In other words, ‘but for Cain’s act, Abel would still be alive.” Causation, then, means “but for” the actions of A, B would not have been harmed. In criminal law, causation is an element that must be proven beyond a reasonable doubt.(4) Proof beyond a Reasonable DoubtIn view of the fact that in criminal cases we are dealing with the life and liberty of the accused person, as well as the stigma accompanying conviction, the legal system places strong limits on the power of the state to convict a person of a crime. Criminal defendants are presumed innocent. The state must overcome this presumption of innocence by proving every element of the offense charged against the defendant beyond a reasonable doubt to thesatisfaction of all the jurors. This requirement is the primary way our system minimizes the risk of convicting an innocent person.The state must prove its case within a framework of procedural safeguards that are designed to protect the accused. The state’s failure to prove any material element of its case results in the accused being acquitted or found not guilty, even though he or she may actually have committed the crime charged.3. Strict LiabilityIn modern society, some crimes require no more mens rea, and they are known as strict liability offenses. For in stance, under the Road Traffic Act 1988 it is a strict liability offence to drive a vehicle with an alcohol concentration above the prescribed limit.Strict liability can be described as criminal or civil liability notwithstanding the lack mens rea or intent by the defendant. Not all crimes require specific intent, and the threshold of culpability required may be reduced. For example, it might be sufficient to show that a defendant acted negligently, rather than intentionally or recklessly.1. 概述刑法是规定什么试犯罪，有关犯罪嫌疑人之逮捕、起诉及审判，及对已决犯处以何种刑罚的部门法。

法律英语论文案例(3篇)

第1篇Abstract:This paper analyzes a significant case study in tort law, focusing on the landmark case of Smith v. Johnson. The case revolves around the issue of negligence and its implications on the rights and liabilities of the parties involved. The analysis will delve into the facts of the case, the legal principles applied, and the judgment rendered. It will also discuss the broader implications of the case on tort law principles and its impact on future legal decisions.Introduction:Tort law is a vital branch of the legal system that provides remediesfor individuals who have suffered harm due to the wrongful actions of others. The case of Smith v. Johnson is a classic example of how tort law principles are applied in real-life scenarios. This paper aims to provide a comprehensive analysis of the case, highlighting the key legal issues and their resolution.Facts of the Case:In Smith v. Johnson, the plaintiff, John Smith, sued the defendant, James Johnson, for negligence. The facts of the case are as follows:1. John Smith was driving his car along a busy highway.2. James Johnson was driving his car in the opposite direction.3. Johnson suddenly swerved into Smith's lane, causing a collision.4. The collision resulted in Smith suffering severe injuries.5. Smith claimed that Johnson's actions were negligent and that he should be held liable for the damages.Legal Principles Applied:The case primarily revolves around the legal principle of negligence, which is a cornerstone of tort law. Negligence is defined as the failureto exercise reasonable care, resulting in harm to another person. To establish negligence, the plaintiff must prove the following elements:1. Duty of Care: The defendant owed a duty of care to the plaintiff.2. Breach of Duty: The defendant breached that duty of care.3. Causation: The breach of duty caused harm to the plaintiff.4. Damages: The plaintiff suffered actual damages as a result of the harm.Analysis of the Case:The court in Smith v. Johnson applied the principles of negligence to determine whether Johnson was liable for the damages caused to Smith.1. Duty of Care: The court held that Johnson owed a duty of care to Smith as a fellow road user. This duty required Johnson to drive his car with reasonable care to avoid accidents.2. Breach of Duty: The court found that Johnson breached his duty of care by swerving into Smith's lane without any apparent reason. This action was deemed to be reckless and negligent.3. Causation: The court determined that Johnson's breach of dutydirectly caused the collision, which in turn led to Smith's injuries.4. Damages: The court confirmed that Smith suffered actual damages as a result of the collision, including medical expenses, lost wages, and pain and suffering.Based on these findings, the court held Johnson liable for the damages caused to Smith. Johnson was ordered to pay Smith compensation for his injuries and other losses.Broader Implications of the Case:The case of Smith v. Johnson has several broader implications for tort law principles:1. It reinforces the importance of the duty of care in tort law. Road users must drive with reasonable care to avoid accidents and harm to others.2. It highlights the consequences of reckless behavior on the roads. Negligent actions can lead to significant legal liability and compensation for the victims.3. It serves as a precedent for future cases involving negligence claims. Courts will likely follow the principles established in this case when determining liability in similar situations.Conclusion:The case of Smith v. Johnson is a notable example of how tort law principles are applied to resolve disputes between parties. The court's analysis and judgment in this case provide valuable insights into the nature of negligence and its implications on the rights and liabilities of individuals. This case serves as a reminder of the importance of exercising reasonable care in our daily lives to avoid causing harm to others and to protect ourselves from legal liability.第2篇Abstract:This paper aims to analyze a land dispute case from a legal English perspective. By examining the case details, legal terminology, andjudicial reasoning, this study provides insights into the application of legal English in real-life legal disputes. The case discussed involves a land ownership dispute between two parties, highlighting thecomplexities involved in land law and the importance of effective communication in legal proceedings. The paper is structured as follows: an introduction to the case, a detailed analysis of the legal issues, discussion of the legal English terminology used, and a conclusion summarizing the key findings.Introduction:Land disputes are a common occurrence in many jurisdictions, often involving complex legal issues and intricate procedural requirements. The language used in legal proceedings, particularly legal English, plays a crucial role in ensuring that the case is understood and resolved effectively. This paper examines a specific land dispute case to illustrate the application of legal English in real-life scenarios.Case Details:The case involves two parties, Party A and Party B, who are in dispute over the ownership of a piece of land. Party A claims that the land was purchased from Party B's predecessor in title, while Party B contests this claim and asserts that the land was never sold to Party A. The case has been filed in the local court, and both parties have presented their evidence and arguments before the court.Legal Issues:1. Ownership of Land: The central issue in this case is the ownership of the land. The parties are required to establish their respective claims of ownership through evidence and legal arguments.2. Title Deeds: The case involves the examination of title deeds to determine the rightful owner of the land. The court will assess the authenticity and validity of the title deeds presented by both parties.3. Precedent and Jurisprudence: The court will consider relevant precedents and legal principles established in previous cases to determine the outcome of the current dispute.4. Burden of Proof: The party claiming ownership of the land must prove their case beyond a reasonable doubt. This requires the presentation of credible evidence and persuasive legal arguments.Legal English Terminology:1. Ownership: "Ownership" is a legal term used to describe the right to possess, use, and dispose of property. In legal English, it is often referred to as "title" or "possession."2. Title Deeds: "Title deeds" refer to the legal documents thatestablish ownership of land. In legal English, these documents are also known as "deeds of conveyance" or "evidence of title."3. Precedent: "Precedent" refers to a previous decision or judgment made by a court that serves as a guide for future cases. In legal English, it is often used in the phrase "case law" or "precedential authority."4. Jurisprudence: "Jurisprudence" refers to the principles and rules developed by the courts in their interpretation and application of the law. In legal English, it is often used in the context of "legal doctrine" or "legal principles."5. Burden of Proof: "Burden of proof" refers to the obligation on a party to prove their case. In legal English, this concept is expressed as "the party has the burden of proof" or "the party must establishtheir case."Judicial Reasoning:The court will carefully consider the evidence and arguments presented by both parties before reaching a decision. The following factors may influence the judicial reasoning:1. Admissibility of Evidence: The court will assess the admissibility of the evidence presented by each party, ensuring that it is relevant, reliable, and legally admissible.2. Legal Principles: The court will apply relevant legal principles and precedents to the facts of the case, considering the arguments and counterarguments presented by the parties.3. Weight of Evidence: The court will weigh the evidence presented by each party, considering its relevance, reliability, and persuasiveness.4. Burden of Proof: The court will determine whether the party claiming ownership has met their burden of proof, taking into account the evidence and arguments presented.Conclusion:The analysis of the land dispute case from a legal English perspective highlights the importance of effective communication and the application of legal terminology in legal proceedings. The case demonstrates the complexities involved in land law and the necessity of a thorough understanding of legal principles and precedents. By examining the case details, legal issues, and judicial reasoning, this study underscoresthe significance of legal English in resolving real-life legal disputes.Keywords: Land dispute, legal English, ownership, title deeds, precedent, jurisprudence, burden of proof, legal terminology.第3篇Abstract:This paper presents a comprehensive analysis of the landmark case, Enka Inco. v. Oiltanking Société Anonyme (Oiltanking), which revolves around the enforcement of an international commercial arbitration award. The case highlights the complexities and legal issues surrounding the recognition and enforcement of arbitration awards under the New York Convention (1958). The paper aims to examine the key legal principles involved, the court's reasoning, and the implications of the judgmentfor the international arbitration community.Introduction:International commercial arbitration has emerged as a preferred dispute resolution mechanism for resolving cross-border disputes due to its efficiency, flexibility, and finality. The New York Convention (1958) (hereinafter, "the Convention") plays a crucial role in facilitating the recognition and enforcement of arbitration awards across jurisdictions. The Enka Inco. v. Oiltanking Société Anonyme (Oiltanking) case is a prominent example that illustrates the challenges and complexities faced by parties seeking to enforce arbitration awards.I. Background of the Case:The dispute arose between Enka Inco. (Enka), a Canadian mining company, and Oiltanking, a French company, in relation to the construction of aship unloading facility in Abidjan, Ivory Coast. The parties entered into a contract for the construction, and later, the contract was terminated. Following the termination, Enka initiated arbitration proceedings against Oiltanking, seeking damages for the termination.The arbitral tribunal, seated in Paris, rendered an award in favor of Enka, ordering Oiltanking to pay damages amounting to USD 52 million. However, Oiltanking refused to comply with the award, arguing that the enforcement of the award would violate public policy in France. Consequently, Enka applied to the Paris Court of Appeal to enforce the award.II. Key Legal Issues:The case revolves around the following key legal issues:A. Jurisdiction of the French Court:The first issue was whether the Paris Court of Appeal had jurisdiction to enforce the arbitration award. The Convention provides that a court of a Contracting State shall recognize an award made in another Contracting State as final and binding, and shall enforce the award as if it were a final judgment of the court.B. Public Policy Exception:The second issue was whether the enforcement of the arbitration award would violate public policy in France, thereby rendering it unenforceable. Article V(2)(b) of the Convention provides that an award may be refused enforcement if the recognition and enforcement of the award would be contrary to the public policy of the enforcing jurisdiction.III. Court's Reasoning:The Paris Court of Appeal, in its judgment, examined the two key issues raised and rendered the following conclusions:A. Jurisdiction of the French Court:The court held that it had jurisdiction to enforce the arbitration award under the Convention. It reasoned that the award had been made in a Contracting State and that the Convention did not require any additional conditions for the enforcement of the award.B. Public Policy Exception:The court, however, concluded that the enforcement of the award would violate public policy in France. It emphasized that the Convention did not guarantee the enforcement of an arbitration award if it contravened the public policy of the enforcing jurisdiction. The court held that the enforcement of the award would be incompatible with French public policy due to the significant economic and social consequences of enforcing the award.IV. Implications of the Judgment:The judgment in the Enka Inco. v. Oiltanking case has several implications for the international arbitration community:A. Limitations on the Enforcement of Arbitration Awards:The case highlights the limitations on the enforcement of arbitration awards, especially in jurisdictions with strict public policy requirements. It underscores the importance of considering the potential public policy challenges when choosing the seat of arbitration.B. Need for Clarity in Public Policy Exceptions:The judgment calls for a clearer understanding of the public policy exceptions under the Convention. It emphasizes the need forjurisdictions to establish clear and objective criteria for determining whether the enforcement of an arbitration award would violate public policy.Conclusion:The Enka Inco. v. Oiltanking case serves as a crucial precedent for the international arbitration community, illustrating the complexities surrounding the recognition and enforcement of arbitration awards underthe New York Convention. The case emphasizes the importance of considering public policy exceptions and the potential limitations on the enforcement of arbitration awards. It underscores the need for a clearer understanding of the Convention's provisions and the application of public policy exceptions in different jurisdictions. By examiningthis landmark case, the international arbitration community can better navigate the challenges and complexities associated with the enforcement of arbitration awards.。

法律翻译范文实例与技巧

一、法律翻译的实质法律翻译是指在意思不变的情况下，两种法律语言之间的转换过程。

因此，可以这么说，法律翻译像其它翻译一样，是充当一种桥梁和沟通的作用。

特别是现在的中国，越来越多的外国公司来到中国，而越来越多的中国公司走出国门，走向世界。

在中国公司和外国公司达成交易，它们的律师都必须编制双语法律文件，以便中外公司双方都能理解它们所达成的各项交易条款。

律师在编制双语法律文件时，就必须进行法律翻译。

在这个时候，法律翻译就是充当交易双方的一个桥梁和纽带，它可以使双方都了解它们所达成交易的各项条件。

从这个角度讲，法律翻译和其它的一般翻译没有多大区别。

但是，法律翻译也由自己特殊的地方。

由于法律文件对双方所达成的交易影响很大，稍有不慎就会给当事人造成难以弥补的损失。

所以对交易的当事人来说，法律翻译是非常重要的，容不得半点差错和马虎。

因此，法律翻译与其它翻译的一种最重要的区别是它的准确性要求非常高，原文中的意思不得作任何扩大或缩小，而只能等同。

同时由于法律语言句式冗长、结构复杂，翻译的难度要比其它翻译更大一些，在翻译时，译者要经常研究它的句子结构，找出各个从句，并理出它们之间的各项逻辑关系。

这就使法律翻译和其它翻译显出了不少不同之处。

二、法律翻译的过程由于法律翻译是一种法律含义的翻译。

所以，法律翻译和其它翻译一样，也包括理解和表达两个过程。

如果译者不能理解法律原文，就肯定不能表达原文的含义。

理解是表达的基础，没有理解，根本就无从谈表达。

特别是英译汉而言，由于我们是中国人，英语并非是我们的母语，所以在理解英文时就很容易出错。

这就要求译者在理解英文原文时要勤查工具书，切不可人云亦云，胡乱猜测。

然而，并不是说一个译者理解原文后就翻译出一个好的法律文件，译者如要译出一份好的法律文件，还应当具有深厚的译文功底。

译者要懂得借用自己掌握的译文知识，运用各种文字技巧将自己理解的原文真实含义表达出来。

也就说，译者除了要注重理解外，还要注重表达。

法律毕业论文参考文献(中英文献范例)

参考文献是每一篇毕业论文都需要用到的内容之一，特别是对于法律专业的论文来说，文章中的论点来源多来自于参考文献，本文将为大家分享60篇“法律毕业论文参考文献”，以供阅读参考。

论文参考文献范例一：[1]王利明.关于制定民法总则的几点思考[J].法学家, 2016 (5) :1-9.[2]王利明.民商合一体例下我国民法典总则的制定[J].法商研究, 2015 (4) :3-9.[3]张永强.论我国商法典单独制定欠缺的条件[J].法制博览, 2016 (15) :197.[4]董翠香, 魏振华.商事行为在民法总则中的契入与展开[J].烟台大学学报, 2017 (1) .[5]赵旭东, 石少侠, 李建伟, 梁上上, 等.《商法通则》大家谈[J].国家检察官学院学报, 2018 (3) :3-35.[6]刘凯湘.剪不断, 理还乱:民法典制定中民法与商法关系的再思考[J].环球法律评论, 2016 (6) :107-125.[7]王建文.论我国《民法典》立法背景下商行为的立法定位[J].南京大学学报, 2016 (1) :52-60.[8]叶林.商行为的性质[J].清华法学, 2008 (4) :40-54.[9]樊涛.我国商行为制度的评判与重构[J].河南师范大学学报 (哲学社会科学版) , 2008 (5) :114-117.[10]杨利华.电子支付对金融法的挑战及应对[J].兰州财经大学学报, 2018 (5) :93-101.[11]蒋大兴.商法通则/《商法典》的可能空间? [J].比较法研究, 2018 (5) :44-70.[12]杜景林.《德国商法典》中的商人[J].德国研究, 2011 (1) :12-18.[13]吴日焕, 译.韩国商法[M].北京: 中国政法大学出版社, 1999:12-13.[14]王延川.商行为类型化及多元立法模式[J].当代法学, 2011 (4) :67-76.[15] 江平.关于制定民法典的几点意见[J].法律科学, 1998 (3) :23.[16]李建伟.民法总则设置商法规范的限度及其理论解释[J].中国法学, 2016 (4) :73-91.[17]马建兵.民法典背景下法律行为制度在商行为中的除外适用[J].甘肃社会科学, 2017 (2) :153-159.[18]徐银波.决议行为效力规则之构造[J].法学研究, 2015 (4) :164-183.[19]张辉.法律行为框架中的股东表决权制度探析[J].河南社会科学, 2006 (4) :65-68.[20]伊夫·居荣.法国商法 (第1卷) [M].罗结珍, 赵海峰, 译.北京:法律出版社, 2004.论文参考文献范例二：[1] Reinhard Bork, Allgemeiner Teil des Bürgerlichen Gesetzbuchs, 4. Aufl.[M]. Tübingen 2016, Rn. 806.[2]杨代雄.恶意串通行为的立法取舍[J].比较法研究, 2014 (4) .[3]王军.法律规避行为及其裁判方法[J].中外法学, 2015 (3) .[4]梅夏英, 邹启钊.法律规避行为:以合法形式掩盖非法目的[J].中国社会科学院研究生院学报, 2013 (4) .[5]朱广新.法律行为无效事由的立法完善[J].政法论丛, 2016 (3) .[6]史尚宽.民法总论[M].北京:中国政法大学出版社, 2000.[7]王泽鉴.民法总论[M].北京:北京大学出版社, 2009.[8] 施启扬.民法总论:第8版[M].北京:中国法制出版社, 2010.[9] Dieter Medicus, Allgemeiner Teil des BGB[M]. 9. Aufl., Heidelberg 2006, Rn. 660.[10] Reinhard Bork, Allgemeiner Teil des Bürgerlichen Gesetzbuchs[M].2. Aufl., Tübingen 2006, Rn.1121.[11] Karl Larenz/Manfred Wolf, Allgemeiner Teil des BürgerlichenRechts[M]. 9. Aufl., München 2004, S. 731.[12] Hans Brox/Wolf-Dietrich Walker, Allgemeiner Teil desBGB[M]. 36. Aufl., M ünchen 2012, Rn. 328.[13] Helmut K hler, BGB Allgemeiner Teil[M]. 32. Aufl., München 2008, S. 181-182.[14] Werner Flume, Das Rechtsgesch ft[M]. 4. Aufl., Berlin1992, S. 350.[15] Hans Brox/Wolf-Dietrich Walker, Allgemeiner Teil desBGB[M]. 42. Aufl., M ünchen 2018, §14, Rn. 139.[16][德]拉伦茨.法律行为解释之方法———兼论意思表示理论[M].范雪飞, 吴训祥, 译.北京:法律出版社, 2018.[17]朱广新.论“以合法形式掩盖非法目的”的法律行为[J].比较法研究, 2016 (4) .[18][德]拉伦茨.法学方法论[M].北京:商务印书馆, 2004.[19] Georg Bitter, BGB Allgemeiner Teil[M]. München 2011, §6, Rn. 34.[20] 法制网.当庭裁决代持保险公司股权协议无效[EB/OL].[2018-04-24].论文参考文献范例三：[1]陈小君.我国农民集体成员权的立法抉择[J].清华法学, 2017 (2) :46.[2]叶林.私法权利的转型——一个团体法视角的观察[J].法学家, 2010 (4) :138.[3] 胡长清.中国民法总论[M].北京:中国政法大学出版社, 1997.132.[4]屈茂辉.中国民法[M].北京:法律出版社, 2009.54.[5] (日) 新津和典.19世紀ドイツにおける社員権論の生成と展開——社員権論の歴史性と現代的意義[J].法と政治》 (59巻1号) .2008 (4) :185.[6]史尚宽.民法总论[M].北京:中国政法大学出版社, 2000.25.[7]侯德斌.农民集体成员权利研究[D].长春:吉林大学, 2011:35.[8] (德) 卡尔·拉伦茨.德国民法通论 (上册) [M].北京:法律出版社, 2003.222.[9] (古希腊) 亚里士多德.政治学[M].北京:商务印书馆, 1965.3.[10] (法) 托克维尔.论美国的民主 (上) [M].商务印书馆, 1988.635.[11] (德) 哈贝马斯.在事实与规范之间:关于法律和民主法治国的商谈理论[M].北京:生活·读书·新知三联书店, 2003.444-454.[12] 梅仲协.民法要义.[M].北京:1998.35.[13]章光园.论社员权的概念、性质与立法[J].宁德师专学报.2005 (4) :7-11[14]梁慧星.民法总论[M].北京:法律出版社, 2011.72.[15]王泽鉴.民法总则[M].北京:中国政法大学出版社, 2001.187-188.[16]李建伟.股东知情权诉讼研究[J].中国法学, 2013 (2) :83-103.[17]王利明.违约责任论[M].北京:中国政法大学出版社, 2000.311.[18]于喆.公证的法律效力的探讨[J].法制博览, 2016 (25) .[19] 李宪.公证遗嘱的法律效力探讨[J].职工法律天地, 2017 (02) .[20] 黄玉凤.公证遗嘱的法律效力探讨[J].大陆桥视野, 2017 (06) .点击查看>>法律毕业论文>>更多内容。

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毕业论文外文资料翻译学院(系):专业：姓名：XXX学号：外文出处：1、《Center for Comparative Literature and Cultural Studies Monash University Melbourne》附件： 1.外文资料翻译译文；2.外文原文外文资料翻译译文新西兰奥特来罗瓦的公正和法律————两个案例的学习摘要：本文通过对两个案例的学习，分析在新西兰奥特来罗瓦法律的实践和这个殖民大陆上“非法”、“不文明”以及“混乱”的关系。

由于在奥特来罗瓦，法律和殖民利益的直接挂钩，我认为，无论在哈克党案还是迈尔五世万佳市议会案，关于辩护的法令都着重于法律的权威性和对差异性的排挤之间的关系。

据两案的法官说，毛利法律的规定和文化与“法律和秩序”这一原则想冲突。

根据殖民联系，毛利法律和文化与文明的威胁之间所表现出来的关系，法律和秩序展现了法律对于一种有文化偏差的习惯的操控，并且反映了帕克哈（欧洲新西兰的士族）的利益。

因此，挑战那浮出水面的威胁已使法律在任何案子里都展现出其原有的威胁，暴露那原本就控制着它的暴力，也因此为公众打开了批评的大门。

也许比实质上对体系的攻击更厉害的是，这些法令暴露了法律对公正性的挑战，不仅使法律有可能成为一种特定文化阶层利益的反映，而且因此能被改变得可以为公正服务。

关键词：殖民的，哈卡党，公正，毛利法律，新西兰，帕克哈1，暴力问题1978年，新西兰政府委托了一个报告，即众所周知的“罗珀报告”，这个报告在各种坏境下研究暴力行为。

虽然许多人都称赞这个报告，但人们也普遍注意到，很多来自毛利人的评论并不好。

许多批评家认为与毛利人在这些问题上商议的失败，影射出社会上和政治上存在更加普遍的不公正现象，这些都使给制造暴力创造了社会条件。

例如，泰特海·哈日怀瑞,争论说任何有关毛利人和暴力之间关系的报道应该考虑到这些暴力发生的社会和文化环境。

换句话说，必须考虑到权利和财富在社会中的不平均分布，以及在这些关系下“暴力”的确立，维持和产生。

它必须脱离法律法规和犯罪来看待这件事，要考虑发生这些暴力所在的特殊历史文化环境。

这样，哈日怀瑞所关心的就仅仅是报道上所写的，而是那些趋向暴行的因素是什么：系统化，制度化的种族主义在法律和刑事司法系统有暗示。

2. 代表性暴行：哈卡党案新西兰奥特亚罗瓦的有关犯罪的媒体报道调查中，斯布雷发现：即使是过度[毛利人和太平洋岛民]表示允许。

在犯罪行为上：当暴力和性描述了案件的结局，报纸更乐意使用如毛利人或太平洋岛民的标签，而不是白种人或欧洲。

这样身份标志物的使用是以刑事罪行的报告为基础的，同时重新申明普遍假设及族裔群体和犯罪行为之间的关联。

事实上，斯布雷接着指出：“错误和夸张的报道也可能被认为是某些在阻碍与毛利人/太平洋群岛有关系的活动（如帮派成员，强奸，逾期居留）。

重点是进一步支持在1986年提交给报业评议会，其中指出，在报纸报道未发表的210份调查中，只有非白种人[或者非欧洲后裔新西兰人]的种族确定，犯罪和暴力的项目中，那些少数人的标志经常在使用被弄乱（斯布雷）。

3.媒体表现媒体对事件的反应很快证实了斯布雷概述的种族主义倾向。

奥克兰明星第一份报纸头版标题写到：“匪帮在大学里暴动，学生在哈卡派对上怒殴”。

毛利人和太平洋岛民，其中大部分也是学生，被描述为一个“匪帮”。

尽管事实是他们“是不穿任何能识别的'补丁'”，这个文章本身也承认。

同样地，在新西兰先驱报的社论，题目是'没地方给暴力'，认为，'哈卡'不是故意要冒犯而这种罪行并没有在过去采取过。

这位编辑坚持认为，大学是一个自由和宽容的地方，这次袭击很可能已经由“毛利人的激进派“计划过，因此不是一个自发的，而是故意的行为。

有关这些'激进派'的可能身份的言论在附近开始流传。

媒体压倒性的结论就是，被捕“哈卡党”的攻击者，如果新西兰人能保持安全，这些法律必须坚持。

澳大利亚和新西兰的环境差异，在这里是值得着重比较的。

像新西兰的法律制度，在一定程度上，澳大利亚法律承认土著法律。

特别是在马博v昆士兰（第2号）（1992）高等法院承认原住民土地权和在这个过程中推翻了这一概念，即澳大利亚是以往任何时候无主地，这是一个概念，对这一信仰提供了法律支持，尽管明显地在法律和文化系统上属于土著居民。

“1788年澳大利亚无人居住由主权或由院校或法律承认的人”4. 法律和人权遥感的紧迫性，他们需要解决的情况下的'哈卡党案'，人权委员会收集的'白种人意识形态'的范例和毛利人的反对意见，并发表了一份初步报告，是新西兰种族和谐声明的问题。

该报告是一个由公众提交人权调解人，曾要求受访者询问与哲学有关的“哈卡党”的问题，他正义地考虑到自己手中调用的结果。

这项研究分为七个标题（“所有新西兰人”，“不同待遇”，“不容忍公差”，“新西兰作为一个多文化的社会”，“种族主义”，“双文化主义，土地，文化认同和语言”和“法律/权利”），并分为两类组织的报告：“观点一”，“以中心主题为基础，新西兰是一个单一文化的社会--我们都是新西兰人”，“观点A”，其中“地方上的观点强调，新西兰是一个多元文化群体的社会”。

'哈卡党攻击者从“观点一“非常清晰地表出现敌对的态度。

受访者形容为“有组织的行为凶杀，几乎是暴力阴谋”，一个是'哈卡党攻击'“一些愚蠢的误导青少年不正当的行为：为原始的野蛮人决定争辩的手段”。

在'差别待遇'这一节中，他们争辩说，毛利人的特殊规定是'种族'和“为了使事情公然”，将使毛利人享有“文明的文化，同时为他们自己的文化享受特殊待遇。

其中在'禁忌'和'峡谷'的例子中，异教徒的做法就给整个社会带来不便。

”这一判决有许多不同反响，这些受访者认为，平等和民主只能在实现毛利人根本上认为自己是新西兰人时，才能实现。

因此，需要公正和平等的差异否定;作为分裂主义和种族主义的毛利人的习俗，从这一立场，法律或身份是看到的。

因此，毛利人被他们自己指责为种族紧张关系的原因。

这一观点为法院的决定提供了一些的解释。

的确，正如沃克指出，布莱克伍德的反应证明了“英国审判”的方式与白种人法律和秩序的概念很早就被认为是对毛利文化和政治完整的不屑断言。

5.案例二：迈尔V万佳区议会法律，另一种揭示实例的方式，毛利人法律和风俗已经代表性地被迈尔v万佳区法院断言为一个威胁。

虽然不直接涉及任何暴力的例子，这个案件涉及的行为审判长选择解释为对法律的权威攻击。

此外，这种特殊的情况下以何种方式来显示重要地位的法院，无论是作为一个物理空间还是一个象征，都是对统治关系的空间和建筑的体现。

这一事件发生于1995年10月31日，当肯梅尔，一个众所周知的毛利活动家，在法庭上协助一个被告袭击他人的朋友。

迈尔向法官表示，他将要进行karakia，或在向法院提出诉讼前，让传统的毛利人进行祈祷。

法官爱迪恩说：“作为一个法官，在我看来，在karakia期间出现在这些特殊的境况下是不合适的。

迈尔提出的问题是，不是karakia自身的说法，而是尝试去“由法官在的情况下进行karakia。

”法官的裁决因此不仅仅是对迈尔的话语回应，而是对他反应的“警告”，威胁或挑战，法律不得不作出反应锯。

由于时间和事件发生的地点在1995年10月的万佳区法院，很少人会不注意到迈尔在这一年的早些时候在这个城镇参与毛特欧花园的职业。

由于迈尔频繁被媒体描绘为'毛利激进'，极力反对官方竞选毛利人主权问题，许多人可能确实怀疑他对法律的尊重。

然而，迈尔没有公开提出质疑：在法庭上，他都在各方面顺从法官的指示，除非它违反了毛利人的法律。

迈尔在法庭上的行动是他与他的文化和法律相一致的：这是真正的威胁。

迈尔不只是打破或拒绝按照程序，他更选择要按照毛利人的法律。

作为回应，对法官的裁决他公开揭示了法律的暴力行为。

这个“出席和缺勤”的确立，为了解空间活化通过差异（订购和分类），使'听'可能，最好是分析可能创造在哪些方面可以提出的定义或者说，什么必是须按照法律规定继续说出口的。

对取消抵押品赎回权的操作中引用的默认实例中，我们要问：什么是为了继续行使他们的权力而必须对当代政权的言论保持沉默的？如何在“主体”之前通过其他可能的阐明，在法律范围内排除网站产生的法律？在某种程度上，这样的构排除提供了任何言语行为可能性的条件，可以得出“未经审查的文字必然是不完整的”。

理解为取消抵押品赎回权，审查通过产生无法形容的话语生产机制。

6. 暴力威胁至于“哈卡党”的案例，它不能简单地认为是毛利人威胁了法律的权威，而是它并没有包含规则，边缘和自身违反的束缚。

像沃克的激进的暴力潜力的描述，迈尔企图说karakia为相关的疾病提供了一些威胁的方式来解释法律的回应。

因为法官们自己清楚，这里的威胁与其说是作为一个犯罪组织，不如说是反对'法律'这个概念的犯罪动机。

这种威胁是在正义名义下的犯罪。

如果像福柯指出，“政治权力是通过潜作战的形式永远重复地记载不平衡;在社会机构，经济上不平等，语言中机构和它们自身再登记，那么这种行为可以被理解为意图重建自身秩序的叛乱。

通过对一个类似的不公正现象唤起历史上不公正的排斥，这种行为可以被认为既是考古，又是家谱。

至于考古，只要他们试图揭露他们如何被列入等级秩序或权力;而家谱，只要他们通过“恢复当地的知识”来寻求反抗单一的和绝对的话语。

因此，反殖民'暴力'的目的不是仅仅需要推翻殖民者，而是要取代压迫体制本身，正如萨特指出，“一石二鸟，同时摧毁压迫者和被压迫之人。

留下一个死人和一个自由的人“通过这样来呼吁另外一套秩序，他们通过使赋予法律权威的镇压和排外透明化，让这些'暴力'行为威胁到现存系统。

通过诉诸过去和现在的不公平，他们试图引起人们对法律权威和压制与排斥的差异之间关系的注意。

如果被认为是行使或应用过度或不公平的，是因为法律失去了它的合法性。

说什么法律规定被遗忘，激进主义使该法成为可能，可向出现不公正，非法和不公平的。

过去的人物用这种方式来思考法律，没有返回到野蛮，而是天真地被压迫和迫害。

法律，之所以成为法律，必须始终掩盖镇压作为刑事体内这个数字作为暴力或秩序的对立面。

然而，在努力这样做，特别是当遇到挫折或挑战时，它必须小心地不可过度反应或激烈。

也许揭露法律，挑战它所谓的正义的行为比任何人身攻击制度本身更有力，它使法律被视为一种特定的文化热情的体现，因此双方为共同拉拢能干，吸纳能力，能够服务另一端。

这一法律之间的使用和法律已在当前系统运行方式的重要的区别是，相信判决永远不会是最终的或普遍的，但总是局部的，个别的和不完整的。