法律英语与翻译专业法学硕士课程：教案分析.pptVIP

法律英语与翻译Legal English and Legal Translation What is legal English? Descriptive vs. prescriptive. Also ‘hybrid’ forms of legal language Communication between lawyer and client, or between two lawyers The language used in the courtroom (interrogation of witnesses, summing up by judges etc.) Law reports in newspapers, academic textbooks on legal matters Language of legal documents – extremely formal, difficult for the non-expert to read. The history of Legal English I Old English: Anglo-Saxon mercenaries( 450 A.D., incept of legal English) bequeath, goods, guilt, land, manslaughter, murder, right, sheriff, steal, swear, theft, thief. Latin: Latin-speaking missionaries (597 A.D.) Client, conviction, admit, mediate, and legitimate Certiorari, quo warranto, subpoena, prima faces, Versus, stare desis, ex, Re The history of Legal English II Scandinavian: Scandinavian raiders ( the 10th centry) gift, loan, sale, trust, law, lawyer Norman French: Norman invaders (1066) Authority, chancellor, council, country, crown, exchequer, minister, nation, people, power, state, govern, government, realm, reign, sovereign。 Characteristics of Legal English Jonathan Swift on lawyers (Gulliver’s Travels): ‘This society hath a particular cant and jargon of their own, that no other mortal can understand, and wherein all their laws are written, which they take special care to multiply’ Jeremy Bentham (1748-1832): ‘The power of the lawyer is in the uncertainty of the law’. Archaic or rarely used words and expressions NOW, THEREFORE, in consideration of the foregoing and the respective representations, warranties, covenants and agreements set forth in this Agreement and intending to be legally bound hereby, the parties hereto agree as follows: Binomials and trinomials … the terms and conditions set forth in this agreement … This is the last will and testament of me … I give, devise and bequest all my property of every nature and kind … … the same may be amended, supplemented or modified in