出版时间:2006-9 出版社:中山大学出版社 作者:黄瑶 页数:300 字数:456000
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内容概要
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”
书籍目录
Unit One Preparation for Legal EducationUnit Two The Legal ProfessionUnit Three World Legal SystemsUnit Four Public LawUnit Five Priveates of Common LawUnit Six Basic Principles of Common LawUnit Seven Common Law and EquityUnit Eight The English and the American Court SystenUnit Nine The Sources of Criminal LawUnit Ten Crimianl ProcedureUnit Eleven Civil ProcedureUnit Twlve Nature and Classes of ContractsUnit Thiisteen Introduction to Americal Uniform Commercial CodeUint Fourteen Law of TortsUnit Fifteen What is Trust?Unit Sixteen Trademarks,Serivce Marks and CopyrightsUnit Seventeen Patents,Secret Business Information,Protection of Compurter Software and Mask WorkUnit Eighteen A Comparative Analysis of Spam Laws:the Quest for Model LawUunit Nineteen Law of CorporationsUnit Twenty Law of BankruptcyUnit Twenty-one Securities RegulationUnit Twenty-two Employment LawUnit Twenty-three Land lawUnit Twenty-four Administrative LawUnit Twenty-five Sources of International LawUnit 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 InvestmentUnit Thirty The OECD Guidelines for Multinatinal conflict of LawsUnit Thirty-one Nature and Scope of the Conflict of LawsUnit Thirty-two Internatonal Sales Transation(I)Unit Thirty-three International Sales Transaction(II)Unit Thirty-four Typesn and Rules of International Commercial ArbitrationUnit Thiret-five Internatonal Human Rights LawUnit Thiret-six The Changing Balance in Autitrust LawUnit Thirty-seven Constiutionl LawUnit 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
章节摘录
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 declaratory precedent, because itdeclares existing law. On the other hand, if the case is unlike any previous one, so that it iswithout precedent, then the judge must make up his own mind what the common law is or shouldbe.……
编辑推荐
《当代法律英语(2008年修订)》可供法律专业的本科高年级学生作为教材之用,亦适用于从事或有志于涉外法律工作的人士以及对法律英语感兴趣者。
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