《大学法律英语教程》:法律英语是法律科学与英语语言学有机结合形成的一门实践性很强的交叉学科,是ESP(English for Specific Purpose)zui重要的分支之一。法律英语是以普通英语为基础,在立法和司法等活动中形成和使用的具有法律专业特点的语言。本书主要介绍美国法,希望读者通过学习权威、实用的美国法律知识,掌握地道、纯正的法律英语。
Part 1 Basics of Legal English Chapter 1 Introduction Chapter 2 Historical Development of Legal English Chapter 3 Characteristics of Legal English Chapter 4 General Legal Terms Chapter 5 The Importance of Legal English
Part 2 Anglo-American Legal Culture Chapter 6 The Common Law and the Civil Law Chapter 7 Court System in the United States Chapter 8 Judges in Common Law System Chapter 9 Jury Trial Chapter 10 Legal Education and Admission to the Bar Chapter 11 Legal Profession and Legal Ethics
Part 3 Sketches of American Law Chapter 12 Constitutional Law Chapter 13 Contracts Chapter 14 Torts Chapter 15 Property Law Chapter 16 Evidence Law Chapter 17 Criminal Law/Criminal Procedure
Appendix A Legal Terms Discrimination Appendix B Constitution of the United States of America References
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5The Importance of Legal English
Legal English is important because law is important? it provides the means by whichlaw? when written in English? is communicated and enforced.
Law can be divided into two types--national and international. National lawprovides the means by which countries govern the relationships between the states and its subjects ?criminal law? and between the subjects themselves ?civil law?. International law provides the means by which international relations between countries ?public international law? and between individuals and organizations based in different countries?private international law? are regulated.
National law? of course? reflects the languages used in each individual country.In this regard? it may be noted that English is the principal language in a number of countries? like the U.S.? Canada? the U.K.? Australia and New Zealand.
English is also an important second language in a number of other countries formerly under British colonial influence? such as India and Pakistan. In such countries?the common law system is also relevant to some degree? although in most the legal system used draws upon a mixture of different legal traditions? of which common law is only one.
Furthermore? the practice of both branches of international law? public and private is heavily dominated by the English language. In this regard? the importance of English as a common global language has been strongly boosted by the increase in global trade over the past decades. This has had a knock-on effect on the importance of legal English as a specialist branch of international English usage.
Particularly given the economic power and influence of the U.S. over the past century? it is no surprise that many common law concepts relating to contract law have found their way in which the international business community approaches the composition of business contracts.
Legal English differs from ordinary English in a number of key respects? as with other forms of professional language. Like medical English? it has its own writing conventions? punctuation standards? terms of art and set phrases which at times differ markedly from ordinary English usage.