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内容提要:
新版《当代法律英语》由四位从事法律英语教学多年的教师共同完成,内容涉及各法律部门,并且不局限于特定的国别法(如美国法)。课文附有mp3格式的录音材料。除了贴近时代脉搏和强调专业英语的实际运用外(如普通法判例阅读技巧、法律资料检索及研究技巧、反垃圾邮件的法律规则、WTO法律规则、涉及美国总统克林顿弹劾案的国会辩论材料、国际人权法等),她延续了原《现代法律英语》朴实清新的的传统。
作者简介:
黄瑶,法学院教授。中山大学法学学士和法学硕士,北京大学法学博士,1997~1998年美国华盛顿大学法学院访问学者,2001年海牙国际法研究院第29届海外讲习班学员(马尼拉)。现任中国国际法学会常务理事、广东省人民政府发展研究中心特约研究员。
主讲课程包括“国际法”、“国际组织法”、“国际法英文原著选读”、“法律英语”等;在《法学研究》、《中国法学》等重要期刊上发表学术论文数十篇,出版学术专著和教材多部;先后主持国家社会科学基金项目、广东省重大决策咨询研究课题、司法部部级科研重点项目子课题和中山大学桐山基金项目等;科研成果曾荣获广东省首届哲学社会科学优秀成果二等奖(2005年)、广东省司法厅和广东省法学会2002-2003年度优秀法学论文一等奖、广东省司法厅和广东省法学会1997-2001年度优秀法学研究成果三等奖等。 目录:
Unit One Preparation for Legal Education
Unit Two The Legal Profession Unit Three World Legal Systems Unit Four Public Law Unit Five Priveates of Common Law Unit Six Basic Principles of Common Law Unit Seven Common Law and Equity Unit Eight The English and the American Court Systen Unit Nine The Sources of Criminal Law Unit Ten Crimianl Procedure Unit Eleven Civil Procedure Unit Twlve Nature and Classes of Contracts Unit Thiisteen Introduction to Americal Uniform Commercial Code Uint Fourteen Law of Torts Unit Fifteen What is Trust? Unit Sixteen Trademarks,Serivce Marks and Copyrights Unit Seventeen Patents,Secret Business Information,Protection of Compurter Software and Mask Work Unit Eighteen A Comparative Analysis of Spam Laws:the Quest for Model Law Uunit Nineteen Law of Corporations Unit Twenty Law of Bankruptcy Unit Twenty-one Securities Regulation Unit Twenty-two Employment Law Unit Twenty-three Land law Unit Twenty-four Administrative Law Unit Twenty-five Sources of International Law Unit Twenty-six The World Trade Organization(I) Unit Twety-seven The World Trade Organization(II) Unit Twenty-eight The World Trade Organization(III) Unit Twenty-nine The Evolution of the Meaning of the Term Investment Unit Thirty The OECD Guidelines for Multinatinal conflict of Laws Unit Thirty-one Nature and Scope of the Conflict of Laws Unit Thirty-two Internatonal Sales Transation(I) Unit Thirty-three International Sales Transaction(II) Unit Thirty-four Typesn and Rules of International Commercial Arbitration Unit Thiret-five Internatonal Human Rights Law Unit Thiret-six The Changing Balance in Autitrust Law Unit Thirty-seven Constiutionl Law Unit Thirty-eight The Legal Research Process 主要参考书目及网上资源 附录1 法律词汇英汉对照表 附录2 练习参考答案 书摘:
A thousand years ago the only sources of law were the basic dictates of humanity and localcustoms. After the Norman Conquest of 1066 the Royal judges attempted to apply a common law tothe whole country. The law was based partly on the Norman law. They brought with them fromFrance and partly on English customs which they found to be widespread or 'general'
The creation of this common law, however, was strictly on an ad hoc basis, each problembeing settled as it arose. No one actually sat down to compile a list of the laws. How then werepeople to know what was a crime, or in the event of a dispute between citizens, what were therespective rights of each citizen? Indeed, how are they to know these things now? The is answer two-fold. Firstly, a small number of very old legal textbooks, compiled from the twelfth centuryonwards, have survived into the present day. Secondly, and very much more important, there is the doctrine of judicial precedent.Stated simply, this means that in their work of settling disputes, judges are guided by thedecisions of judges in earlier similar cases. So, if a case which is to be tried today is similar to acase tried last week, its result is likely to be the same. In this way a body of legal principles hasbeen built up, which may be discovered by examining the judgments in all cases tried to date. Forthis reason ' precedent' is often referred to as ' case-law' or as stare decisis. It is sometimes said that in reaching his decision a judge is merely declaring what the commonlaw has always been. But where a judge has to make a decision on a point of law which has neverarisen before in any court, this view seems a little unrealistic, and the judge appears actually tobe creating law--hence the expression 'judge-made law' for judicial precedent. When a judge simply applies to the facts of one particular case a legal rule previouslyenunciated in an earlier trial, his decision is known as a declarato …… |