陈霭盈 法律英语的词汇研究.docx

Research on the vocabulary of legal English广州大学外国语学院2014级英语二专151班陈霭盈 s402100069指导老师：蒋金运Table of ContentsChapter One Introduction4Chapter Two Classfication42.1 The terms of the law52.2 Ancient English words.62.3 foreign words(Latin etymology of French etymology).72.4 with professionally legal significances common words.82.5 formal words.10Chapter Three Characteristics.113.1 formal stylistics.113.2 accurate language and ambiguous language.133.3 repetition about synonym.15Chapter Four Conclusion.16Bibliography.16法律英语的词汇研究摘要 法律英语是一种具有鲜明特色的语言，它主要用于统治阶层维持一个国家、地区的稳定和政府机关的正常运作。这是一个强制性的规范与强大的国家力量手段。从语言学的角度看，法律语言作为科学技术术语一样，业务术语和医学术语属于文体多样，或具体变量寄存器。根据法律的人，它可以被称为法律专业术语。它来源于日常语言，但不同于它，它也区别于其他技术行业英语，这是一个“法律载体具有权威性和约束力”。它是一种特殊的技术语言，为诉讼和非诉讼法律事务和立法活动。本文主要以法律英语为主题，研究法律英语的分类、特点。关键词：分类，特点Chapter OneIntroduction Legal English is a kind of languages with distinctive features,which is mainly used for the dominance hierarchies to maintain a state,regional stability and the normal operation of government agencies. It is a compulsory and normative means with strong national power will.From the linguistic point of view,the legal language is the same as the scientific and technical terms,business terms and medical terms belong to a stylistical variety,or specifically variable register.According to the man of law,it may be called legally professional glossary.It is derived from daily languages,but differs from it, and it also differentiate from other technology industries in English,which is a “Law carrier with authority and binding”.It is a special and technical language which works for litigation and non litigation legal affairs and legislative activities. This paper mainly study legal English as theme,researches classification of legal English,characteristics.Chapter TwoClassfication Legal language can be divided into the following:legally professional terms,ancient English words,foreign words(Latin etymology of French etymology),with professionally legal significances common words and formal words.2.1 The terms of the law As official document style,legal English has one of the most obvious character is the using about terms of act and argot.Legal terms,according to David Melinkoffs explanation,is a technical word with a specific meaning.And Garner - A - Brian define it as words having specific,precis significance in a given specialty.Thats to say, legal terminology, namely the legal term, is fingering the law of universal industry jargon (including jargon).In a broad sense, language,words, phrases, relative fixed words and sentence patterns that have a certain formula.Either English or Chinese legal documents and phrasing are different from ordinary text special features.Such as, certiorari is a legal term, it appears in the legal text, meaning the superior court issued to the lower court for certiorari.The writ of certiorari or litigation documents.Although there are heated debating under way about the specific use of the term,the law is dedicated the existence of a large number of terms is an indisputable fact.Such as amicus curiae(法官的顾问)，demurrer(抗辩，驳回)，eminent domain(国家对私人产业的征用权；支配权)，fee tail(指定继承人的不动产)，judicial notice(司法认识)，laches(延误)，libelant(原告)，letters patent(专利特许证)，mandamus(执行书；命令书)，stare deeisis(遵循先例)，voir dire(证人和陪审团接受预先审查所作的)诚实回答宣誓),civil liability/responsibility(民事责任),administrative liability/responsibility(行政责任），criminal liability/responsibility(刑事责任)，liability of breach of contract; responsibility of default(违约责任)，limited liability(有限责任)，unlimited liability(无限责任)。 2.2 Ancient English words The legal English in ancient time refers to the English vocabulary in old English period(AD 4501000）and the ancient English period(AD11001500).And in these two periods,the 70 percent of foreign legal English borrowing from Latin,French and Greek is still in modern times.The ancient words have not been widely used in modern English,but the application of the ancient words is common in legal English.In the ancient words,Ye means the plural You,which is not used in modern English any longer,but “hear ye(静听，宣读和审判)” still can be seen in court. The “Hear ye”, is actually equivalent to modern English “listen up”. An “sayeth” is equivalent to modern English “say”,which is not common in modern English,but is common in count.For example,”further affiant sayeth not”is equivalent to modern English “The affiant has nothing else to say(宣誓口供说完了).” The most prominent archaic words in legal language is composing of here,there and where,which can add one or more prepositions such as after,from, in ,under,up, on and so on to consist of compound adverb.The use of archaic words which compacts the structure of sentence,clarify the semantics and have a simple and unsophisticated style,gives a sense of dignity and stateliness.Such as aforesaid(如前所述)，hereinafter(以下)，hereby(籍此)，hereinafter(在下文)，hereunder(在以下)，herein(此中)，thereof(因此)，therefore (因此)，wherein(在那方面)，whatsoever(论什么)，whereby(因此，由是)，whereofb(关于它)，thereupon(于是，因此) .The example are mentioned above is commonly used.2.3 foreign words(Latin etymology of French etymology) English vocabulary has a name of cosmopolitan vocabulary,which mainly express the majority of words borrowing from other languages in the rapid development.More than 50 percent of the English vocabulary is derived from Latin linguistic or borrow straightly.In addition,it still borrowing a large number of words from the the Romance group of languages (as in French).Each lagal English dictionary collect in Latin and French. Such as Concise English Chinese Dictionary of law(1993)” This shows the proportion of the foreign words and the effect in the legal English.As a study of legal English and legal practitioners,learning foreign language is essential and is of great benefit to.The study of these words is not only convenient for the smooth communication of legal practitioners,but also beneficial to theis expression can become more clear,concise and regulatory.For instance,the words derived from Latin words.Such as,obligatio solidaria(连带债务)，de bonis non(已故遗产管理人的后继人)，corpus delicti(犯罪事实)，beneficum appelandi(控诉权)，lex foil(法院地位)，jus vicinitatis(相邻权)，ius retentiouis(留置权) ,homicide(杀人),custody(拘留),immune(免除的),legal(合法的),prosecute(对起诉), suppress(镇压),testimony(证词),coemptio(买卖婚姻),quorum(法定人数),ipsofacto(依事实),juscriminal(刑法),adreferendum(尚待核准) and so on.Secondly,the words derived from French.The reason why the development of legal English is also greatly influenced by French is mainly derived from the history of the Norman ruled in England.During the reign of England, French was frequently used in formal occasions, and gradually spread in the upper society.French became the highest level of formal style.A large number of French words naturally came in legal English.Such as,：sentence，verdict(裁定)，execution，guardian，appeal，larceny(盗窃罪)，arson(纵火)，pledge，infant(婴儿)，claim(索赔)，indictmen(起诉)，contract，descent(血统),felony(重罪)，heir，plaintiff(原告)，robbery，purchase，covenant(契约)，treason(叛国罪)，bar(法庭),assize(巡回审判),plea(抗辩),defendant,judge,advocate(辩护者),attorney,jury(陪审团),bail(保释人，保释金),suit(诉讼，讼案)，sentence(宣判).2.4 with professionally legal significances common words In legal English vocabulary,there is a considerable part of the English language deriving from daily language.Because of the long-term use of legal workers,they have the specified meaning when they are used in the legal literature,and thus become the legal English in the professional term.In the translation, these words should be confirmed from the professional point of view,on no account can we explain the meaning from common aspects.Otherwise it will lead to the ambiguity and uncertainty of the legal meaning.First example: He was awarded $800 damages for the injury he suffered in the accident. In this sentence,award and damage is the use in law.For universal readers,awards always can be explained for “reward”,and damage is “physical harm”.But for lawyers,both of them,especially the plural form of damages, belong to the legal register of professional words.Award can be explained for court decisions,and damage can be explained for “Compensation for the award”.Thus,this sentence should be explained for” He got $800 Compensation because of the accident.” These types which is always the polysemant in commonly daily English, require a certain context to determine the meaning of a word.Second example:(1)The testator died without issue (2)The parties could not agree Oil the issue(3)The passport was issued by the Liverpool office(4)Parties must wait for process to issue from the court. Issue,is both a common word and also a legal term. Its leagal concept is mainly confirmed by the context.In the sentences were mentioned above,only the first sentence use the legal concept,which refers to “children” specially.The rest of the four,all use the common concept,although it has different meaning.The issue in the second sentence is “controversial problem”,the issue in the second sentence is “awarded”,the issue in the second sentence is “deliver”.Third example:WordsCommon conceptLegal conceptAction动作，行动诉讼案件，诉讼程序Affirmance确认，断言 上级法院维持下级法院的判决Counterpart对方，对应物文件的副本Limitation限制诉讼时效Minor较小的，较少的未成年人Omission遗漏，省略不作为Review 复习复查案件，复审Plead辩护原告诉状被告答辩状2.5 formal wordsLegal English,which belongs to solemn stylistics, is one of the most formal stylistics of all kinds of English.Therefore,legal English requires the use of formal written language vocabulary.Being good at using solemn words show the legal documents solemn.Simultaneously,to avoid ambiguity and being resulting any unnecessary legal disputes, the legal language does not advocate the use of adjective or adverb withSubjective feelings.Such as,happy,irritable,wise,disgusting,brilliant,very,quite,rather.Because adjectives and adverbs easily lead to imagination and result in the difference in understanding.For in stance,in contracts,we will always know that,not” before” but “prior to”,not “begin” but “commence”,not” if” but “provided(that)”,not “inform “ but” apprise”,not “end “but “terminate” and so on.Other formal words such as:”approach the bench” instead of “come here”,”subsequent” instead of“after”,”whereas”instead of “given the fact that” ,”affidavit” instead of “being first duly sworn”,”depose and says”,”before me”,”a notary public”.Chapter ThreeCharacteristics3.1 formal stylisticsAs a special purpose English,legal English which is formal and solemn, are always used for formal occasions,on no account using dialect and slang.For instance,law enforcement officer,policeman,cop and fuzz can be explained as policeman.However,for its level,law enforcement officer ranks in the first place,policeman in the second place,cop belong to an informal vocabulary.Although cop is widely use in daily life,but it is not polite language.And fuzz is a slang,with strong impoliteness.In addition,legal English will use formal words instead of common words.For example,After the rights and obligations undera contract are terminated(“terminated” instead of “end”),the parties shall follow the principle(“principle” instead of “rule”)of honesty and trustworthiness and the appropriate trading practice to perform the obligations of notification(“notification” instead of “notice”),assistance and confidentiality(“assistance” instead of “help”).Simultaneously, on no account can we use sponken language,such as by virtue of,ensue, in effect.Some common legal words are listed as following:Common wordsFormal wordsBegin/startCommenceShowDemonstrateChangeModify/alterBuyPurchaseEndTerminateMakeRenderGoProceed3.2 accurate language and ambiguous language It is universally acknowledged that accuracy is the soul of legal documents.The accuracy of the legal English vocabulary means that “The semantics is completely in line with the objective phenomenon,and it is completely correct and accurate.It is visible that accuracy is always the live and soul of the legal language.Sometimes,difference between one words may lead to a lawsuit which is a common phenomenon in our life.For instance,this is a Estate disputes in Arkansas in America.In this lawsuit,a heated debate was cause because the legator used a controversial word when he was making a will.The will is as follows: The remainders of the testators property should be divided equally between all of our nephews and nieces on my wifes side and my niece. Unfortunately,the wife of the legator had 22 nephews.As result,the will had some problem.What is the wills meaning?The legacy should be divided into his and his wifes nephews and nieces?Or the legacy should be inherited his wifes nephew and niece or his niece inherited the other half?After count,the presiding judge finally chose for the latter.The reason why chose the latter was that,”between” means “in the space or period of time separating two or more points” or “in the middle of the two parties”.From the point of view,if the will should be explained in the first meaning,the will should have the word ”among” .This example is fully shows that the significance of accuracy in legal texts. Legal English requires accurate words,but does not exclude the use of ambiguous words.In the strict meaning,legal is a social subject and essentially it is not an accurate subject.As a result,the legal words may have ambiguity which reflect the flexibility in the common law.Sometimes,we can say that using ambiguous properly may be an indispensable means of ensuring the accuracy of legal language.In legal English,the pursuit of the expression of the accuracy and the use of ambiguous words in not contradictory.On the contrary,it is in order to express completely,and leave enough room of law enforcement.For example:Provided that no carrier,master or agent of the carrier shall be bound to state or show in the bill of lading any marks,number,quantity,or weight, which he has reasonable ground for suspecting not accurately to represent the goods actually received，or which he has had no reasonable means of checking. In this sentence,it use two ambiguous word:”reasonable ground” and “reasonable means of checking”.What is “reasonable ground”?And what it the meaning of “reasonable means of checking”?Obviously,it just can be decided the specific circumstance.It is impossible and unnecessary to list every probability in the law and regulations.Thus,we can safely draw a conclusion that the use of ambiguous words in legal English, is to express clearly.This is extremely different from the ambiguous and obscure expression.3.3 repetition about synonym Repetition in synonym is another feature of legal English.In legal English,expressing a single concept could have used a word and expression but with two or more words,this is the repetition in synonym.This use of words can always reflect in legal English.Such as full force and effect,own or possess,buy or purchase,adopted by me or born to me,terms and conditions,damaged or destroyed，pardon or forgive，null and void，to hav