法律英语unit-5翻译

1 In every society, there are mechanisms for the declaration, alteration, administration, and the enforcement of the rules by which people live. Not all societies, however, utilize a formal legal system (courts, judges, lawyers, and law enforcement agencies) to the same degree. Historically, law development and industrialization, urbanization, and modernization are closely intertwined. The law and society literature suggests that the more complex the society, the more differentiated the legal system. Underlying this proposition is the notion that legal development is conditioned by a series of demands stemming from society’s economic, political, educational, and religious institutions. Based on the complexity and magnitude of the interplay among the institutions and between these institutions and the law, several types of legal systems may be identified in the course of societal development.

1在每一个社会,有机制的宣言,变更、管理和人们生活的规则的执行。然而,并不是所有的社会利用正式的法律制度(法院、法官、律师、和执法机构)到相同的程度。从历史上看,法律发展和工业化、城市化和现代化紧密地交织在一起。法律与社会文献表明,社会越复杂,越有区别的法律制度。底层这一命题的概念法律发展受制于一系列需求源于社会的经济、政治、教育和宗教机构。基于之间的相互作用的复杂性和规模之间的机构,这些机构和法律,几种类型的法律制度可能会发现在社会发展的过程中。

Primitive Legal Systems

基本法律制度

2 Primitive legal systems are typically found in hunting and gathering and simple agrarian societies. The laws are not written or codified; they are permeated by customs, tradition, religious dogmas, and values. Primitive laws often coexist with ancient norms, and are also comparatively undifferentiated. There is, however, some distinction between substantive laws and procedural laws. Subsequent differentiation of types at later stages of legal evolution can be compassed under these two types of law.

2原始法律体系通常是在狩猎和采集和简单的农业社会。法律不写或编纂;他们被海关渗透,传统,宗教教条,和价值观。原始的法律常常与古代准则共存,也比较无差异。然而,一些实体的法律和程序的法律之间的区别。随后分化类型的法律进化的后期可以围绕这两种类型的法律规定。

3 The functions of law in primitive societies are essentially the same as those in more advanced societies. Laws preserve important cultural elements. They coordinate interaction, settle disputes, check deviance, and regularize exchanges. Laws also legitimize existing inequalities.

3法律的功能在原始社会在本质上是相同的在更高级的社会。法律保护的重要的文化元素。他们协调互动,解决争端,检查异常,调整交流。法律也合法化现有的不平等。

4 In primitive societies, there are no well-developed political subsystems, and the polity is composed of kin leaders, council of elders or chiefs, and various religious leaders. Legislators do not formally exist in primitive societies. In such societies, judges and political leaders (elders, and the like) are one and the same. Because there are no written laws, the chief-legislator can strike, rescind, or change old laws more easily than the modern legislator; and if such action appears reasonable, little resistance is offered. Obviously, getting old laws off the book in modern societies is rarely that easy.

4在原始社会中,没有良好的政治子系统,和亲属的政体是由领导人,长老理事会或首领,和各种宗教领袖。立法者不正式存在于原始社会。在这样的社会中,法官和政治领导人(长老等)