法律英语.doc

Characteristics of Legal English VocabularyAbstract:Withthe flourish of foreign exchange law study, the characteristics of legal English vocabulary attract more and more attention. As specialized vocabulary, it has many different salient features of everyday English, and this is precisely its difficulty lies. In view of the vocabulary are familiar features of a language for the use of language learning and of great significance, the paper analyzes the characteristics of the legal vocabulary in English, that etymology diversification, meaning such specialized and stylized language to better understand and master the English law.Keywords: Characteristics of Legal English vocabulary legal termsIn recent years, with the increase of foreign exchange law, the rule oflawin order to better study the developed Western countries. In order to let the world know more about China legal process, a large number of Chinese legal documents andInformationhas also been translated into foreign languages.Legal English, in the English-speaking countries known as the Legal Language or Language of the Law, the legal language, is the presentation of scientific concepts as well as litigation or legal proceedings by the legal affairs of the language or a language with some language. Distinctive characteristics of English law, whether it is from the choice of vocabulary, sentence structure or style of discourse is concerned, it is different from the everyday English have a number of salient features, and many English-speaking people think that English is a foreign language law. Vocabulary is a language basis, therefore, familiar with the vocabulary of a language feature for the use of language learning and of great importance. In view of this, the author intends the vocabulary of legal English-depth analysis of the characteristics in order to better understand and master theLawEnglish.First, the etymology of diversificationEnglish most open, 80% of its entire vocabulary from other languages. Specific to the English Lawis concerned, compared with the everyday language or with scientific English,Business Englishand other English (ESP), compared with legal English what are the specific etymology it? In my opinion, mainly in the following three:(A) from the Old English and Middle English word rareGenerally believed that before the Norman conquest of England in English until 1100 known as the Old English; AD 1100 to AD 1500 in English is called Middle English; English since 1500 is called Modern English. While Modern English, the word has been rarely used the old body, but in legal documents, these words have been widely used. Old English and Ancient Chinese, like the ancient Olympics, the solemn, style formal, concise and avoid unnecessary duplication , reading accuracy, economy, simplicity, simplicity and formal nature of the integration can be described as two birds with one stone. Thus, the drafters of legal documents, in order to make sentences concise, rigorous, reflecting the sanctity of law and authority and rigor, a lot of words to use the old body is necessary. In this one, the most common words the old body is here, there and where were added after, by, in, of, to, under, on, from such a or a composite of several common adverb preposition. such as: hereafter (after this point, after), hereby (which, hereby, in this way), herein (in here, this documents, statements or facts), hereof ( on this point), hereto (to this), hereunder (below), thereafter (Since then, subsequently), therein (which), thereof (the is, this), thereto (attached, with the attendant), thereunder (in the After that part, at its next), whereon (above), whereby (by virtue of order, as), hereinafter (below), hereinbefore (in the above), heretofore (until this time, before, before this ), hereinabove (above), thereinafter (in the next section, below) and so on.(B) Latin words and phrases597 introduced into England from the Latin, Latin into English will be a lot, especially in legal and other professional fields, so that there are a lot of legal English Latin words and phrases indispensable. This is mainly due to: on the one hand, Latin concise terms, the convention, more standard presentation, which isworkingwith legal language consistent with the requirements; the other hand, the history of Latin in the West have long been regarded as the language of the educated person, the Europeans have expressed the rule of law and legal propositions common language in the Western legal culture, the legal maxim are often expressed in Latin. Engaged in legalResearchand residents in English-speaking countries tend to be learning Latin as a profound knowledge of legal basis for this door. such as: actus reus (prohibited acts, illegal acts), bona fide (good faith, goodwill), contr abonos mores (breach of good morals), consensus adidem (meaning the same), de facto (fact), de jure (legal on), facta sunt potentiora verbis (speak louder than words), ex parte (one-sided, unilateral), ex postfacto (Later, retrospective), in re (to), in rem (in rem, rem), inte ralia (in particular, among other things), jus naturale (natural law), jus civile (Civillaw), jus gentium (international law, the law of nations) and so on.(C) of the common words are not included in the French word1066 in British history Norman Conquest make a lot of French words into English, such as: state (national), prince (Prince), duke (Duke), mercy (mercy), peace (Peace), battle (battle) , pork (pork), bacon (ham), fry (fried), roast (bake), dress (clothing), coat (jacket) and so on, these words related to all aspects of society, including government, social class, legal , religious, moral field, military, food, clothing and so on. The French word in English law refers to the legal documents that often and rarely appears in everyday English in French terms, such as: attorney (lawyer), judge ( Judge), court (the court), summons (subpoena), verdict (decision), parole (parole) and so on. In English law, there are a lot of French words. for two reasons: First, Norman Conquest, the French became the dominant language in the 14th century, French became the common language of English law and has been used as the language of the law to the late 15th century; Second, compared to English, a French legal term meaning a single comparison, not prone to ambiguity, Therefore, they are fond of the legal profession, therefore, though it is no longer French, the language of English law, but many French are still retained in the legal vocabulary and still in use.Second, specialized meaning said: Legal language in partby a specific legal meaning of the word composed of parts formed by the everyday language, with a specific legal meaning of the word in everyday English, even if there are too few use, such as premeditated, negligence, and other illegal violations. Thus, compared to everyday English, Legal English vocabulary has strong expertise, mainly in the following three aspects:(A) The ordinary meaning of the word of legal professionalAlthough English law will be used in many common words in everyday English, but it is worth noting that these laws of common words in English tend to have specific professional meaning, can not be simply understood as everyday English. For example , attach in everyday English, the basic meaning is additional, dependent, the legal meaning of arrest (someone), seizure, attachment (one property) battery the basic meaning of a battery, battery pack legal meaning of assault, injury, personal attacks ; cause the basic meaning is cause , the legal meaning of cause of action ; client is the basic meaning of customer , the legal meaning of parties, client ; hear the basic meaning is listening , the legal meaning of hearing, the trial ; undo the basic meaning is unlock the legal sense of seduce, seduction, and so on. As has long been the law workers to use these common word has been given a specific legal meaning, but to truly understand the content of legal Informationin English, you must master the ordinary meaning of a word the legal profession.(Ii) Legal termslike other English (ESP), English law has many specialized terms. The legal term has its specific meaning and application, can neither be extended arbitrarily, it can not substitute for other words. Such as: plaintiff (the plaintiff), defendant (the defendant),Criminal(offender), recidivism (repeat offenders), misdemeanor (misdemeanor), felony (felony), bigamy (bigamy), indict (charge, prosecution), perjury (perjury, perjury), treason (hazard national crimes, treason), appeal (an appeal), tort (tort), legal person (legal entity), capital punishment (death penalty), plead guilty (guilty), stric tliability crimes (strict liability crime), and so on. in the absolute In most cases, these technical terms only appear in documents related to law or the information, rarely seen in everyday English. AlthoughStatisticsshow that: 70% of non-legal professional legal English vocabulary words; in terms of the legal profession, 3 / 4 is the ordinary meaning of a word the legal profession, but one must not underestimate the legal jargon in the important role of English law. On the contrary, based on a fixed expression of legal terms, the exact meaning and use of high frequency, in a sense, for their understanding and grasp of legal English is the key. Reposted elsewhere in thepaper for freedownload (c) Professional jargonAny unique knowledge and skills based on the supremacy of the industries or occupations will develop a unique discourse, the so-called jargon. On the one hand, within theIndustry jargon to ensure precise and rigorous statements, saving communication time, but also to enhance solidarity among members of the industry; the other hand, for the layman is concerned, as the explicit symbol of the jargon is enough to stimulate their curiosity in this industry, respect or fear. in the areas of national law is also true. Jurists, lawyers, judges and other legal professional workers in order to highlight the characteristics of the industry, often using different expressions, they use a lot of jargon, cliches, which for most people, it is difficult to understand. eg, burden of proof (burden of proof), cause of action (the cause of action), letters patent (patent), negotiable instrument (negotiable instruments), reasonable doubt (reasonable doubt), contributory infringement (contributory infringement, to assist infringement), contributorynegligence (mixed fault, contributory