In a sum, whether Latin has assimilated by English, or as the exception of English usage, Latin words have been an important role in legal English.
2.7.2 Technical terms from French
Exception of part of English legal terminology and jargon which come from Latin above; there are large part from the French what entered legal English after Norman’s conquered Britain at A.D According to statistics only in the year 1250 -- 1400 about 10,000 French vocabulary were directly absorbed into English Vocabulary, which has been in use ever since 75%. During that period, there is most French legal language absorbed by English legal language. Although the French continue to enter the English vocabulary in the early 18th century to 19, but legal terms are less.
The same as Latin’s French legal language also divided to two categories.
One is assimilated by English such as: attorney(律师)、bail（保释金）、bar（律师界庭）、bill（法案）、complaint（控告）、act（合同）、decree（法令）、dossier（案、forfeit（没收）、hue and cry（追捕罪犯之）、heir（继承人）、inquest（审讯）、 jury审团）、insurance（保险）、indictment（公告书）、mortgage（抵押）、plead（答辩/抗、ransom（赎金）、sentence（判决）、mons（传票）、verdict（裁决/陪审团裁决）、tiff（原告）、defendant（被告）.
Another category is not assimilation; it still retains the appearance of French style, but now in the legal documents also often used. Such as:
feme sole（独身女子/未婚女子）、feme covert（已婚女子）、estoppel （禁止翻供/不容反悔）、lashes（长期不行使权利/对行使权利的懈怠）、alien or aliene （转让）、 quash （撤销）、 fait accompli（既成事实）、voir dire（预备询问/预先审核）.etc.
3 Principles of translating legal English
When we know the stylistics characteristics of legal English, we can use more efficient ways in interpretation.
3.1 The principle of using formal words and expressions
Legal English use a formal accurate style which is different from other newspaper style, reporter style and daily style to express its meaning. [8] As it directly supports parties’ rights and obligations, its words must be dignified and non-emotional. For instance:
例1.余**,本院业已作出你和王**的离婚判决,自本公告发出之日起60天内要求你来本院领取判决书"否则,即视为送达。(摘自报纸中人民法院公告中的二句话)
译:Yu**,this court has made a judgment of divorce between you and Wang**.You are requested to receive the judgment at this court within sixty days starting the publishing date of this announcement. Otherwise, the verdict would be deemed to have been served.
In this bulletin, we translate“要求”to “request”, translate“视为”to “deem”, cause these two words belong to formal words. Contrary, we do not use “ask” to represented “要求”and “consider” to”视为”, cause they belong to informal words.
例2合同的变更,解除或者终止,不影响当事人要求赔偿损失的权利。(见5中华人民共和国涉外经济合同法6第34条)
译文:Modification, dissolution or termination of a contract does not deprive a party of the right to claim for damages.
In this article “变更,解除”and”终止”were translated to “modification, dissolution” and termination, which are formal and dignity compared with informal ones` alter(变更),cancel(解除)and end(终止).
3.2 The principle of preciseness
The so-called accuracy of the translation of legal documents should be requested clear and specific expression. Chinese translation should be as far as possible far from thinking by Chinese way [9].At the same time, pay more attention to the different language usage between the expression of Chinese and English and absolutely avoid wrong-use of words to protect the accuracy of legal language.
例1 陪审团宣告被告谋杀罪不成立。
译文:The jury acquitted the respondent of the charge of murder.
In this sentence, the word “被告”should be the “accused” better than used respondent, because word respondent always used to represent the defendant of civil cases, especially pointed to the respondent of divorce cases, especially in a divorce one. The word accused is the person charged in a criminal case. Actually when we translate“原告”and“被告”in cases we should distinguish the categories of case.
Categories 原告 被告
Civil case plaintiff defendant
Divorce case petitioner respondent
Maritime case libellant libellee
Criminal case Private prosecutor自诉人
Public prosecutor公诉人 The accused
From the upper blank, it’s clear that interpreter should acquaint these words, or else, they could not translate these words accurate to express the position of the parties in case.
例2 技术转让许可一般分为三种:他们是普通许可!排他许可和独占许可。
译文:The licence of technology transfer usually falls into three kinds, i.e., simple licence, sole licence and exclusive licence.
From the above sentence,“技术转让”should use “technology transfer and assignment” usually used in capital and debts exchange. The other misinterpretation is the translation of exclusive which sometimes was mistranslated to sole licence. These three licenses regulate different rights and obligations to the persons who owned different licenses. 转贴于 酷文网-论文下载中心 http://www.coolwen.net
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