當(dāng)代法律英語(yǔ)

內(nèi)容概要

新版《當(dāng)代法律英語(yǔ)》由四位從事法律英語(yǔ)教學(xué)多年的教師共同完成，內(nèi)容涉及各法律部門，并且不局限于特定的國(guó)別法（如美國(guó)法）。課文附有mp3格式的錄音材料。除了貼近時(shí)代脈搏和強(qiáng)調(diào)專業(yè)英語(yǔ)的實(shí)際運(yùn)用外（如普通法判例閱讀技巧、法律資料檢索及研究技巧、反垃圾郵件的法律規(guī)則、WTO法律規(guī)則、涉及美國(guó)總統(tǒng)克林頓彈劾案的國(guó)會(huì)辯論材料、國(guó)際人權(quán)法等），她延續(xù)了原《現(xiàn)代法律英語(yǔ)》樸實(shí)清新的的傳統(tǒng)。

作者簡(jiǎn)介

黃瑤，法學(xué)院教授。中山大學(xué)法學(xué)學(xué)士和法學(xué)碩士，北京大學(xué)法學(xué)博士，1997～1998年美國(guó)華盛頓大學(xué)法學(xué)院訪問學(xué)者，2001年海牙國(guó)際法研究院第29屆海外講習(xí)班學(xué)員（馬尼拉）?，F(xiàn)任中國(guó)國(guó)際法學(xué)會(huì)常務(wù)理事、廣東省人民政府發(fā)展研究中心特約研究員。
    主講課程包括“國(guó)際法”

書籍目錄

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主要參考書目及網(wǎng)上資源附錄1  法律詞匯英漢對(duì)照表附錄2  練習(xí)參考答案

章節(jié)摘錄

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.……

編輯推薦

　　《當(dāng)代法律英語(yǔ)（2008年修訂）》可供法律專業(yè)的本科高年級(jí)學(xué)生作為教材之用，亦適用于從事或有志于涉外法律工作的人士以及對(duì)法律英語(yǔ)感興趣者。

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