法律英语专业翻译讲解-共8页

专业英语部分

Put the following paragraphs into Chinese:

1、Case law is built up out of precedents, and a precedent is a previous decision of a court which may, in certain circumstances, be binding on another court in deciding a similar case. This practice of following previous decisions is derived from custom, but it is a practice which is generally observed. Even in early times the itinerant judges adopted the doctrine of stare decisis, and this doctrine has been developed in modern times so that it means that a precedent binds, and must be followed in similar cases, subject to the powers to distinguish cases in certain circumstances.

所谓判例法，是基于法院判决而形成的具有法律效力的判定，这种判定在某些情况下对以后的同类案件具有约束力，能够作为法院判案的法律依据。这种先例中的做法一般来源于习惯，同时也是通常情况下会采用的做法。即使在早期那些巡回法官也采用“遵循先例”的法律原则，如今，该法律原则也经过了一定的发展演变，即在某些情况下，经过权力机关对案件进行甄别后，经认定先例适合于现有案件，则先例具有约束力，必须适用先例。

2、The literal rule. According to this rule, the working of the Act must be construed according to its literal and grammatical meaning whatever the result may be. The same word must normally be construed throughout the Act in the same sense, and in the case of old statutes regard must be had to its contemporary meaning if there has been a change with the passage of time.

2.字面规则。所谓字面规则是指在对法律条文进行解读时必须结合其字面含义和语法含义两方面。在同一法案中，同一个单词通篇的含义应是一致的；至于古法典中的词语，如果其语义随着时代变迁发生了变化，则应注意采用其对应的现代语义。

3、In a very wide sense, the principle of legality –the “rule of law” – refers to and requires not only a body of legal precepts but also supporting institutions, procedures, and values. The “rule of law”, accord ing to an American Bar Association. Committee Report (published by International Commission of Jurists 1956), includes: “1, That body of legal precepts governing, 2, those institutions vested with appropriate legal power, and 3, those legal procedures by which those precepts may be applied by those institutions – which together are designed to effect the protection of essential interests of individuals guaranteed by our society through limitations on the authority of the State.”

广义上来说，合法性原则，也即是“法治”，不仅是法律规则的集合，也包含将法律付诸实施的授权单位，法律实施的过程以及其中蕴含的价值。美国律师执业协会委员会报告（刊载于1956年出版的《国际法学家委员会》）是这么定义“法治”的，法治包含三层含义：1、由一系列法律规则所规范；2、根据授权获得行使相应权力的机构；3、上述授权机构实践运用上述规范的过程，这三方面

共同作用通过限制国家的公权力来保护由社会赋予的个体所应享有的根本利益。

4、 A criminal offence results from the action of human being, or his failure to act, which is referred to as the actus reus of the crime. This act or omission must, at least at common law, be accompanied by an appropriate state of mind which is referred to as the mens rea.

The actus reus must be accompanied by an appropriate of mind which is referred to as mens rea. The mens rea and the actus reus must coincide in order to constitute a crime.

4.犯罪由作为或不作为引起，这就是犯罪构成要件中的犯罪行为。通常认为，这种作为或者疏忽大意都伴随着相应的心理状态，这就是犯罪构成要件中的犯罪心理。某一犯罪行为的发生必然伴随着某种相应的犯罪心理，只有同时具备犯罪行为和犯罪心理两方面才能构成犯罪。

5、 The Code of Professional Responsibility points the way to the aspiring and provides standards by which to judge the transgressor. Each lawyer must find within his own conscience the touchstone against which to test the extent to which his actions should rise above minimum standards, But in the last analysis it is the desire for the respect and confidence of the members of his profession and of the society which he serves that should provide to a lawyer the incentive for the highest possible degree of ethical conduct. The possible loss of that respect and confidence is the ultimate sanction. So long as its practitioners are guided by these principles, the law will continue to be a noble profession. This is its greatness and its strength, which permit of no compromise.

5、《职业行为示范规则》一方面催人上进，另一方面为惩戒某些违反行为提供标准。每位律师都应该凭着自己的良心寻找自己的试金石，看看他自己的底线到底在哪里。但是归根结底，来自于其所服务的社会以及其所在的行业给予的职业尊荣感是律师以高标准道德要求自己的动力，丧失这种职业尊荣感可能是对律师的终极惩罚。只要执业者自觉遵守示范规则，律师职业仍然是一种高贵的职业，这就是律师行业的伟大和可敬之处，不允许任何的妥协。

6. Crimes and Punishments

Criminal justice is a vast, complex system. Briefly, it is that part of the legal system which, first of all, marks off certain behavior as wrong or "criminal"; second, takes steps to control or prevent that behavior by threats of punishment; and third, if prevention fails, tries to catch and to punish the wrongdoer. Familiar as the system is in some of its aspects; in others it is obscure and much misunderstood.

To begin with, what is a crime? Every country has its own special list. The list is part of an elaborate statute which is usually called the penal code. The code describes conduct that is illegal and therefore criminal; it also sets out punishments.

Some crimes are in the penal codes of every state: murder, manslaughter, robbery, burglary, rape, arson, and so on. Others are less universal. The Georgia code makes it a crime "to be a peeping Tom" or to invade a person's privacy with acts "of a similar nature." The Georgia code also deals with the sale of obscene literature, shooting guns