法学英语第三单元summary
法律英语unit-3翻译
1 The principal legal systems that exist in various forms throughout the world are the Romano-Germanic[1 Romano-Germanic: “Romano” is the combining form (构词成分) of “Roman”, which takes this form when it is part of a word, eg Romano-British. “Germanic” is th e adjective form of “German”. ]1 (civil law), common law, socialist law, and Islamic law. The Romano-Germanic systems predominate in Europe, in most of the former colonies of France, Germany, Italy, Spain, Portugal, and Belgium, and in countries that have westernized their legal systems in the nineteenth and twentieth centuries. Common-law systems are predominant in English-speaking countries. Islamic systems are found in the Middle East and some other parts of the world to which Islamic religion has spread. Socialist legal systems prevail in the People’s Republic of China, Vietnam, Cuba, and North Korea. Remnants of socialist systems are still found in the former Soviet Union and Eastern European countries.1的主要法律制度中存在的各种形式在世界各地是Romano-Germanic[1 Romano-Ger manic:“罗马”是组合形式(构词成分)的“罗马”,以这种形式时,它是一个词的一部分,比如罗马时期。
全新版大学英语综合教程3各单元summary课本原文及翻译
Unit1 Mr. Doherty Builds His Dream LifeThe passage mainly talked about the dream life of the author with his family on a farm, where the author could write and live. The author viewed his life in the country as a self-reliant and satisfying one, but sometimes the good life would get very hard. On the first winter, the author was fond of every minute instead with his family, which they would never forget, while the follow spring brought two floods, which made them amazed. After quitting his job, the author’s income was reduced, but he and his family were able to manage to get by. Besides, he ran a farm and benefited more from it. A tolerance for solitude and a lot of energy had made it possible for the family to enjoy their life in the country. What’s more, they also had found the lifestyle that they preferred in this place.Unit 2 The Freedom GiversThe passage mainly talked about three persons, Josiah Henson, John Parker and Levi Coffin, who were the givers of freedom for black slaves in the American history. Besides, the author praised the exploits of civil-rights heroes who helped slaves travel the Underground Railroad to freedom by citing more examples. What’s more, it was high time to honor the heroes who helped liberate slaves by forging the Underground Railroad in the early civil-rights struggles in America. After winning his own freedom from slavery, John Parker helped other slaves to escape north to Canada and freedom. Supported by a strong religious conviction, the white man Levi Coffin risked himself to help many black slaves to escape. At last, by traveling the Underground Railroad, Josiah Henson reached his destination and became free.Unit 3 The Land of the LockThe passage mainly talked about the land of lock, which happened in American. When the author was young, it was the local custom for people to leave the front door at night but didn’t close it, and none of them carried keys. However, nowadays those days were over, and the era of leaving the front door on the latch has drawn to a close. What a great change was that no locking had been replaced by dead-bolt locks, security chains, electronic alarm systems and so on. Therefore, the lock became the new symbol of America. What’s more, a new atmosphere of fear and distrust had crept into every aspect of daily life. As a result, security devices, in varied forms, were put to use. In locking their fears out, they became prisoners of their own making.Unit 4 Was Einstein a Space AlienThe passage mainly talked about Albert Einstein, who was a young husband and father with a bushy hair. In order to support his young family, with a poor sleep, he had to work hard at the Patent Office so that he was very tired. For which, he felt all the pressure and responsibility. However, aiming to relax himself, he made astonishing achievements in physics and thus revolutionized the field with five papers about spare time, which were of great impact on all over the world. Because of his supper intelligence and the contribution to the society, the United Nations declared 2005 as his miracle year. What’s more, his discoveries were attributable to his imagination, questioning, disregard constantly for authority, powers of concentration, and interest in science. In fact, he was not a space alien, but just a common person.Unit 5 Three Thank-You LettersThe passage mainly talked about the author’s three special letters, by which he wanted to celebrate the true meaning of Thanksgiving. On Thanksgiving Day 1943, as a young coastguardsman at sea, he worked as a cook. While he was going to think about Thanksgiving, he came up with the idea of expressing his gratitude to people who had helped him before. Therefore, he wrote three thank-you letters to three persons, his father, the Rev. Nelson and his grandmother. At a mail call, he got three letters in reply, which drove him to think deeply. After he retired from the Coast Guard, he still never forgot these letters which gave him an insight into expressing appreciation for one’s efforts. Furthermore, he wished everyone to find the good and then praise it.Unit 6 The Last LeafThe passage mainly talked about the last leaf, which Johnsy gave a sight to after she got the pneumonia and lived in the hospital. She looked out the window and counted the leaves on an old ivy vine. Furthermore, she made up her mind to end her life when the last leaf fell. When she saw the last leaf still cling to the vine after two nights’ rain and wind, she decided not to give up her life. In fact, the last leaf, called a masterpiece by Behrman who risked his life painting it there the night that the last leaf fell, was actually painted onto the wall. However, because it looked so real that she could have never imagined that it was faked. In a deeper sense, it saved her life.unit 1 Mr. Doherty Builds His Dream LifeIn America many people have a romantic idea of life in the countryside. Many living in towns dream of starting up their own farm, of living off the land. Few get round to putting their dreams into practice. This is perhaps just as well, as the life of a farmer is far from easy, as Jim Doherty discovered when he set out to combine being a writer with running a farm. Nevertheless, as he explains, he has no regrets and remains enthusiastic about his decision to change his way of life.在美国，不少人对乡村生活怀有浪漫的情感。
法律英语后三单元术语
法律英语后三单元术语4单元criminal lawInjury 人身伤害Damages 损害赔偿金Omission 不作为Violate the law 触犯法律Death = execution 死刑Impresonment=confinement=incarceration关押、拘禁、监禁jail sentence 监狱刑False impresonment 非法拘禁Life impresonment 终生监禁Fine 罚金Removal frompublic office 剥夺公职Disqualification from holding public office Probation 缓刑Restitution 赔偿、归还原主，恢复原状Negligence 过失Negligent act 过失行为Intentional act 故意行为on purpose Negligent harm 过失伤害Intentional harm 故意伤害A civil wrong 民事违法行为Tort 侵权行为Tort restitution 侵权赔偿Prosecute 提起公诉（Refuse）To bring charges 拒绝提出）指控state prosecutor 州检察官Direct the proceedings 直接提出诉讼Attorny 代理人Monetary restitution =monetary compensation 财产赔偿General damages 一般损害赔偿Special damages 特殊损害赔偿Punitive damages=exemplary damages 惩罚性损害赔偿Conscious pain 精神痛苦Recover=request for(civil damadges)请求损害赔偿Civil action 民事诉讼Statute 法条Ordinance 条例Investigation of crimes 犯罪调查In the apprehension of offenders 犯罪逮捕过程Adjudication 审判、判决Convited defendant 被认定有罪的被告at hard labor attraches 伴随劳役（重罪）Infamous crime 不名誉罪A more common test 常见认定标准The greatest maximum term imposed by law法定最高刑In presence rule 警察在场规则Transgression 【n】违法、犯罪Constitute A valid reason 构成正当理由Corroboration 确认的事实An arrest warrant 逮捕令Involuntary manslaughter过失杀人Voluntary manslaughte有意识杀人，故意杀人（过失）Intoxicate 【v】使喝醉，使中毒Acquittal [n] 赦免=absolve sb ofMotive 犯罪动机Intent= state of mind=mens rea 犯罪故意Actus reus 犯罪行为Causation 因果关系Deceased 死者Homicide 【n】杀人、杀人犯Justifiable homicide 正当杀人Commit a violation of the law 犯法、犯罪Mens rea =（criminal）unlawful intent 犯罪意图Attempted murder 谋杀未遂Assault 企图伤害罪威胁、恐吓、（刑法）Battery(刑法)殴击罪；（侵权法）非法侵害Apprehension [n] 逮捕Adjudication [n] 审判Probable cause 合理根据、充分理由A valid reason 正当理由Justifiable reson 正当理由Strict liability offenses 严格责任犯罪Suspect 嫌疑犯felony 重罪Misdemeanor 轻罪Infraction 违法、违规Unite 5Acoomplice [n] 共犯、共某犯Comfession [n] 认罪陈述、供认Conviction [n] 有罪判决Adversary system 对抗制、抗辩制Correction 惩治、惩罚、教养、矫正Double jeopardy 双重危境、双重追诉Bill of Rights 权利法案Preventive detention 预防性监禁Plea- baigaining 辩诉交易Plead guilty 被告服罪、承认有罪、有罪答辩Guilty plea 罪行抗辩Exclusionary rule 排除规则Beyond a reasonable doubt 排除合理怀疑Excessive bail 额外保释金、滥用保释Compulsory process 强制（到庭）程序death panelty 死刑Indictment [indaitment] 起诉书、控告Implement the law = execute the law =enforce````执法Conform to strict constitutional guarantees符合严格的宪法保障Safeguard the rights of the citizenry维护公民的权利Wrongful result 错误(违法)结果Wrongful death 过失致死Pretrial [n] 事前审理【审判前的】in corroboration with 进一步证实Bill of information and compliant[检察官的]起诉状The discretion of the prosecutor检察官的自由裁量权Magistrate 地方法官、治安官Initiate a crime 犯罪着手Enforcement officer=legal actor 执法人员The grand jury process 大陪审团审判Hear the cases 审理案件Refute the testimony 反驳证据Majority rule prevails 多数决定原则盛行True bill （大陪审团认为证据充分而签署准予受理的）正式起诉书，公诉书Return 可以指传票等的交还、送回，也可以指宣布（判决等）Terminate a contract 终止合约Custody 拘留、监护Contraband 违禁品The charges be dropped 指控被撤销The case be dismissed 案件被撤销Arrest 逮捕Seizure 扣押。
新标准大学英语综合教程3summary(U6R2 U7R1 有中文翻译)
U1 1 Catching crabsIn the fall of our final year the relaxed atmosphere disappeared, and the pressure to work was strong. Meanwhile, we must consider what we would do after graduation. As for me, I wanted to travel and be a writer but my father wanted me to go to law school. He supported me but he called me to catch the crabs. By watching crabs my father told me to know himself better.在我们最后一年的秋天，轻松的气氛消失了，工作的压力很大.。
同时，我们必须考虑毕业后要做什么.。
至于我，我想旅行，成为一名作家，但我的父亲想让我去法学院。
他支持我，但他叫我去抓螃蟹。
通过看螃蟹我父亲告诉我要更好地了解自己。
U1 2 We are all dyingLife is short and we don't know whether we will be in coffin dwellers or become ash. So we shouldn't putt our dreams on the back burner. We should make the best of our short life and enrich our life. Therefore, when the reaper arrives, we’ve achieved so much that we wouldn't regret.生命是短暂的，我们不知道我们是否会在棺材或成为灰烬。
法律英语词汇汇总
law / lR:/ 法律draft / dra:ft/ 法案,草案bill / bil/ 议案clause / klR:z/ 条款legislation / ledVis5leiFEn/ 立法legal / 5li:gl/ 合法的,依法的法律英语词汇汇总（二）abolish / E5bRliF/ 废止,取消prescription / pris5kripFEn/ 剥夺公权judge / dVQdV/ 法官jury / 5dVuEri/ 陪审团lawyer / 5lR:jE/ 律师,法律顾问attorney / E5tE:ni/ 代诉人,代理人法律英语词汇汇总（三）inquiry / in5kwaiEri/ 询问,调查hearing / 5hiEriN/ 审讯,审问summary / 5sQmEri/ 速审examination / igzAmi5neiFEn/ 讯问,质问evidence / 5evidEns/ 证据arrest / E5rest/ 逮捕法律英语词汇汇总（四）responsibility / rispRnsE5biliti/ 责任liability / laiE5biliti/ 责任sue / sju:/ 起诉,提起公诉action / 5AkFEn/ 诉讼claim / kleim/ 诉讼cause / kR:z/ 诉讼,案件法律英语词汇汇总（五）suit / sju:t/ 诉讼,案件complaint / kEm5pleint/ 控告,申诉justice / 5dVQstis/ 审判judge / dVQdV/ 审理,审判trial / 5traiEl/ 审理plead / pli:d/ 辩护claim / kleim/ 辩护plea / pli:/ 辩护evidence / 5evidEns/ 证词charge / tFa:dV/ 公诉书,刑事起诉书proof / pru:f/ 证据,证词evidence / 5evidEns/ 证据,证词法律英语词汇汇总（七）dock / dRk/ 被告席sentence / 5sentEns/ 宣判,判决convict / kEn5vikt, 5kRnvikt/ 囚犯,罪犯appeal / E5pi:l/ 上诉crime / kraim/ 犯法offence / E5fens/ 违法(美作:offense)法律英语词汇汇总（八）criminal / 5kriminl/ 罪犯attempt / E5tempt/ 未遂罪threat / Wret/ 恐吓menace / 5menEs/ 恐吓murder / 5mE:dE/ 暗杀,行刺plot / plRt/ 结伙阴谋,共谋法律英语词汇汇总（九）theft / Weft/ 盗窃fraud / frR:d/ 欺诈penalty / 5penlti/ 处罚prison / 5prizn/ 监狱(美作:jail)prisoner / 5priznE/ 囚犯gaol / dVeil/ 监狱(美作:jail)fine / fain/ 罚款法律英语词汇汇总（十）allowance / E5lauEns/ 抚养费heir / ZE/ 继承人lease / li:s/ 租约tutor / 5tju:tE/ 监护人transfer / trAns5fE:/ 转让guardian / 5ga:djEn/ 监护人assignment / E5sainmEnt/ 转让file / fail/ 文件will / wil/ 遗嘱地方人民检察院Local People's Procuratorate毒品罪narcotic drug crime二审法院Court of Second Instance发回重审remand a lawsuit for a new trial调解书mediation agreement法律law蠟♀筆♂小新2008-08-21 16:40基层人民法院basic People’s Court羁押期限term in custody级别管辖subject matter jurisdiction of courts at different levels监视居住living at home under surveillance监狱prison检察官procurator检察权prosecutorial power检察委员会procuratorial/prosecutorial committee检察院procuratorate检察院派出机构outpost tribunal of procuratorate简易程序summary procedure鉴定结论expert conclusion经济审判庭economic tribunal径行判决direct adjudication without sessions; judgement without notice 纠问式诉讼inquisitional proceedings拘传summon by force; summon by warrant拘留所detention house举报information/report of an offence举证责任burden of proof; onus probandi决定书decision军事法院military procuratorate开庭审理open a court session开庭通知notice of court session勘验笔录record of inquest看守所detention house可执行财产executable property控告式诉讼accusatory proceedings控诉证据incriminating evidence控诉职能accusation function扣押distrain on; attachment扣押物distress/distraint宽限期period of grace劳动争议仲裁申请书petition for labor dispute arbitration劳改场reform-through-labor farm劳教所reeducation-through-labor office类推判决的核准程序procedure for examination and approval of analogical sentence累积证据cumulative evidence立案报告place a case on file立案管辖functional jurisdiction立案决定书written decision of case-filing立案侦查report of placing a case on file利害关系人interested party临时裁决书interim award律师见证书lawyer’s written attestation; lawyer’s written authentication律师事务所law office; law firm律师提前介入prior intervention by lawyer免于刑事处分exemption from criminal penalty民事案件civil case民事审判庭civil tribunal民事诉讼civil action民事诉讼法Civil Procedural Law扭送seize and deliver a suspect to the police盗窃枪支crime of stealing firearms and ammunition盗窃武器装备theft of military equipment道真仡佬族苗族自治县Daozheng Mulao Nationality Autonomous County 得到证实to be believed得利者beneficiary抵触contravene抵押mortgage抵押品pledge抵押物mortgage地方人民检察院Local People's Procuratorate地役权easement第二审判庭second tribunal第三者the third party第一审判庭first tribunal典当物pledge调查investigation调查报告investigation调查取证investigate and collect evidence调解mediate调解和强制措施mediation and enforcement measure调解书mediation agreement调解书字号Written Mediation No.订货合同卡片 a card of contract订立formation定案结论verdict定案理由reason for decision定金deposit定期减免所得税regular reduction of income tax定性determination on the nature丢弃waive东北人民政府Northeast People's Government东乡族自治县Dongxiang Nationality Autonomous County 董事会board of directors动机intention, motive冻干健康人血浆frozen dry healthy human blood冻干血浆frozen dry blood plasma冻结freeze, suspend都安瑶族自治县Duan Yao Nationality Autonomous County毒品罪narcotic drug crime渎职罪crime of dereliction of duty独立的不法行为independent wrong独立个案individual cases独立核算工业企业independent accounting unit独立请求书independent claim独立审判independent adjudication断绝cease提出具体意见submit detailed opinions on对等原则principle of reciprocity对等原则并参照国际惯例the principle of reciprocity and in reference to the international practice对合同词句应当按照事情是有效的而不是无效的来理解verba ita sunt intelligenda ut res magis valeat guam pareat对金钱借贷的规定regulations of money lending对滥用职权的法律补救legal remedy for abuses of power对立的一方opposite party对令状的发出作确认acknowledge the issue of the writ对上诉抗辩oppose an appeal对书面文件的词句应当按照对提出词句的当事人尤为不利的原则来解释verba chartarum fortius accipiuntur contra proferentem对外经济法律顾问处Foreign Economic Legal Consultancy Office对外经济律师事务所foreign trade law firm对外经济贸易仲裁委员会Foreign Economic and Trade Arbitration Commission对外贸易经济合作部Ministry of Foreign Trade and Economic对物诉讼令状writ in rem对帐reconcile, reconciliation多边公约multilateral convention多边国际公约multi-latreal international conventions多分 a larger share多头long position, bull position多头仲裁multiple arbitration多于一名人士 2 or more persons多元立法体制plural legislative structure多元主义pluralism峨边彝族自治县Ebian Yi Nationality Autonomous County恩施土家族苗族自治县Enshi Tujia Nationality Miao Nationality Autonomous County恩恤付款ex gratia payment二审second instance二审裁定书order of second instance二审法院Court of Second Instance二审判决书written order of Second Instance二者只能择其一the inclusion of one is the exclusion of the other发回重审remand a lawsuit for a new trial发货人consignor, shipper发生法律效力be legally effective发现discovery发行审核委员会the Issuance Examination Commission发展规划development planLesson Two Legal Profession1. 法律职业/律师职业the bar法官职业the bench2. 律师协会 The Bar Association3. （律师）执业 practice law4. 执业律师 practicing lawyer5. 出庭辩护/代理诉讼advocacy6. 法律咨询 counselling7. 法律文件的起草drafting of legal instruments8. 法律文件legal instruments9. 单独执业者single/individual practitionre10. 合伙关系partnership11. 薪水律师 salaried lawyer12. 律师业务law practice13. 专职法律顾问 house counsel/corporate counsel（公司或团体法律顾问）14．辩护人/律师advocate15. 私人开业 private practice16. 州检察官/律师 state prosecutor/state attorney17. 地区检察官/律师 district attorney18. 起诉检察官/公诉律师prosecuting attorney19. 检察系统prosecutorial system20. 联邦检察官federal prosecutor21. 地方检察官local prosecutor22. 助理检察官assistant prosecutor23. 检察行业 prosecutorial profession24. 个人尊严the integrity of the individual25. 机会均等equality of opportunity26. 职业道德规范ethics codes27. 听证会hearings28. 社区法律服务community legal services29. 单人开业solo practice30. 律师/法律工作者attorney/attorney-at-law/counsellor/counsellor-at -law31. 律师（英国） barrister/solicitor1. 法律博士 Juris Doctor(JD)我国现称“法律硕士”并有新名“Juris Master(JM)2. 法学硕士 Master of Laws(LLM)3. 法学博士 Doctor of Juridical Science(SJD)4. 法律文书写作 legal writing5. 批评性思维 critical thinking6. 案例教学法 case method7. 苏格拉底式教学法 socratic method8. 讲演式教学法lecture method9. 美国律师协会认可的法学院 ABA accredited law schools10. 案情摘要briefs11. 模拟法庭 moot court12. 模拟审判 mock trial13. 课程指南 curriculum guide14. 刑事司法 criminal justice15. 自由资本主义 laissez faireLesson One Legal System1. 公诉制度 public prosecution2. 普通法系 common law legal system3. 判例法case law4. 成文法（制定法） written law (statutory law)5. 遵从前例 stare decisis6. 判例汇编 reports7. 有约束力的法律解释binding interpretation8. 法学方法论 legal methodology9. 颁布•••为法律be decreed10. 巡回法官itinerant judges11. 英国皇家法院 English Royal Court12. 令状，法院令状writ13. 诉讼请求的强制执行 enforcement of a claim14. 追诉权 recourse15. 牛津条例Provision of Oxford16. 本案令状writ upon the case17. 诉讼行为forms of action18. 衡平法 equity law19. 公平且善良 ex aequo bono20. 特定履行（实际履行）方式之救济relief in the form of specific performance21. 大法官法院 Court of Chancery22. 补偿性损害赔偿金 compensatory damages23. 强制令the injunction24. 衡平法准则 maxims of equity law25. 法律概念 legal concept26. 不动产real property/ real estate/ immovable property/ realty27. 民事诉讼 civil suit28. 衡平法院 Chancery Court29. 财产法上的所有权分割 division of title in the law of property30. 先例 precedents31. 普通法系the Common Law Legal Family/ the English Law Legal Family/ the English-American Law Legal Family32. 大陆法系 the Roman Law Legal Family/ the Civil Law Legal Family/ the Continental Law Legal Family33. 五月花号公约the Mayflower Compact34. 制宪会议 the Const itutional Convention。
法律案三读作文字的修正
法律案三读作文字的修正英文回答：Amending the text of a legislative bill after its third reading is a common practice in the legal system. This process allows lawmakers to make necessary adjustments and improvements to the proposed law before it is enacted. The purpose of these revisions is to ensure that the final version of the legislation is clear, effective, and aligned with the intentions of the lawmakers.One of the main reasons for revising the text after the third reading is to address any ambiguities or inconsistencies that may have been identified during the legislative process. For example, if there is a provisionin the bill that could be interpreted in different ways, lawmakers may decide to clarify the language to avoid confusion and potential legal disputes. By making these revisions, the lawmakers aim to create a law that is more precise and less prone to misinterpretation.Another reason for amending the text after the third reading is to incorporate feedback and input from stakeholders and the public. During the legislative process, various individuals and organizations may provide comments and suggestions on the proposed law. Lawmakers may consider these inputs and make changes to the text to address concerns or improve the overall effectiveness of the legislation. This ensures that the final version of the law reflects a broader consensus and takes into account the perspectives of those who will be affected by it.Furthermore, the process of amending the text after the third reading allows lawmakers to respond to changing circumstances or new information that may have emergedsince the bill was first introduced. For example, if thereis new scientific evidence or data that impacts the understanding of a particular issue addressed in the legislation, lawmakers may choose to modify the text to reflect this new knowledge. This flexibility ensures thatthe law remains relevant and adaptable to evolving societal needs.In summary, amending the text of a legislative billafter its third reading is a crucial step in the lawmaking process. It allows lawmakers to address ambiguities, incorporate feedback, and respond to changing circumstances. By making these revisions, lawmakers strive to create a law that is clear, effective, and responsive to the needs of society.中文回答：对于法律案在三读之后修正文字是法律体系中常见的做法。
法律英语lesson three
The American judicial system, reflecting the overall decentralized nature of its government, comprises a large number of federal and state courts.美国司法系统由众多的联邦法院和州法院组成，体现了其政府权利分散的本质。
The federal and the state judicial system are each constructed like a pyramid, entry level courts at both the state and federal levels are trial courts, in which witness are called, other evidence is presented and the fact finder is called upon to decide issues of the fact based on the law.美国联邦司法体制和州司法体制结构都像金字塔一样，联邦和州的初级法院都是裁判法院，这通常被认为是证据的陈述和事实的发现程序，并根据法律来决定该案的事实。
At the top of each pyramid structure is the court of the last resort, which has the authority to interpret the law of the relevant jurisdiction. In most stated and in the federal system there is also a mid-level court of appeals.在司法体制的顶端是终审法院，它有权解释法律相关的问题，在许多州和联邦体制内，还有一种中等水平的上诉法院。
chapter 3 Sources of English Law-法律英语
Chapter 3 Sources of English LawWhere do laws come from in your legal system? How do laws in your legal system come into being?I. Principal sources of English lawLegislationLegislation is enacted law and the ultimate legislator is Parliament. The enactments of parliament are not subject to question. No matter how perverse or “wrong” the laws made by the parliament are, the courts are bound to apply them.Question: Does it mean that courts have no influence on laws legislated by Parliament? If it has influence, in what way do you think courts influence the legislation of Parliament?The courts are the interpreters and declarers of the law. The meaning of words is seldom self-evident; they will often bear two, or even more, possible interpretations and hence the courts must always exercise a considerable degree of control over the practical application of statutes (enactments of Parliament). Take a look at the following case:Suppose that Old King Cole commands that all “dogs”in his kingdom are to be killed. Suppose that Jack Sprat, one of his subjects, who has an Alsatian(法国阿尔萨斯) wolfhound(猎狼犬), applies to the courts for a decree that it shall be spared, alleging that it is a “hound”and that the royal command is only concerned with “dogs”. The court will have to decide whether the word “dogs”is to be taken to embrace “hounds”. Whichever way it decides, it will influence the practical application of the King’s command.Judicial precedentIn common law system, the decisions of courts are regarded as “precedents” which subsequent courts will follow when they are called upon to determine issues of a similar kind. They are “open ended”, not firm and inflexible decrees. These rules have been evolved inductively form decision to decision involving similar facts. This characteristic of the common law contrasts with the European civil law, which is derived from an enacted body of rules and is thus deductive.II. Subsidiary sources of English lawCustomCustoms are social habits, patterns of behavior. Some laws are originally based upon them. For example, the law of contract and most international laws.Books of authorityOn the Continent the writings of legal authors form an important source of law. In England, in accordance with the tradition that the law is to be sought in judicialdecisions, later the writings of the judges became an independent source of law. III. The difference between “written law” and “unwritten law”“Written” law signifies any law that is formally enacted, whether reduced to writing or not. “Unwritten”law signifies all unenacted law. For example, as will appear, judicial decisions are often reduced to writing in the form of law reports, but because they are not formal enactments they are “unwritten” law.。
- 1、下载文档前请自行甄别文档内容的完整性，平台不提供额外的编辑、内容补充、找答案等附加服务。
- 2、"仅部分预览"的文档,不可在线预览部分如存在完整性等问题,可反馈申请退款(可完整预览的文档不适用该条件!)。
- 3、如文档侵犯您的权益，请联系客服反馈,我们会尽快为您处理(人工客服工作时间：9:00-18:30)。
SUMMARY
In the text A, the author thinks that all animal species suffer pain and distress, so whether the animals feel the pain should be the judge standard of attributing right. As been proposed over the centuries, other moral principles are not rational enough to become the standard, for they are mere stepping stones to the ultimate good. But compared with pain, happiness is made easier and less powerful. Then, the author gives a tenet of painism: we should focus on individuals and cannot meaningfully sum up the pains for groups. Finally, the author advocates that we should catch the spark of compassion and fan it a fire. He believes that the overdue legislation will be put into practice in the future.
In the text B, the author firstly gives the destination of right——a claim that one party may exercise against another and its various sources. Then he gives the view that animals lack the capacity for moral judgment, therefore they have no rights. Animals do have some interests, but they are not morally self-legislative. We are obliged to act humanely and treat them with mercy , which is not meant to give them right as human. In the following part , the author refute two main objection. The first , as the old and the brain-damaged possess the right , it’s absurd to give right depending on the presence of moral capacities. He refutes that it treats an essential features as a screen with mistake, human with disability are certainly not expelled from the moral community. The second, there is no remarkable distinction between human and animals. Which is absolutely wrong because animals still lack autonomous morality compared with human. In the end , the author makes a conclusion that giving animals alleged right makes no good sense.。