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对法律英语文本语言精确性的初探(英文)

作者:李书云
来源:酷文网
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加入时间:2008-07-12
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“Utility Model” in the Patent Law means any new technical solution   relating to the shape, the structure, or their combination, of a product, which is fit for practical use.
“Design” in the Patent Law means any new design of the shape, pattern, color, or their combination, of a product, which creates an aesthetic feeling and is fit for industrial application.
In the example, the sentences use the same subject and predicate          structures again and again to show the precision and standardization of legal English. Thus, the legal documents can express their content more complete and effective.
3. 2 The precision of sentence structures in legal English documents
According to the usage of sentence,English structure can be divided into parallel structure,nominal structure,and so on. This parts of paper will mainly analize parallel structure,nominal structure.
3. 2.1 Use of nouns structure
As defined in Oxford Dictionary of Linguistics, nominalization is            any process by which either a noun or a syntactic unit functioning as a noun phrase is derived from any other kind of unit such as a verb or an adjective. In other words, the phenomenon of nominalization in English happens when a verb or an adjective is replaced by a noun construction. Just as R. Quirk (1972: 21) and other three ones state in A Grammar of Contemporary English, “More complex grammatical correlates are to be found in the language of technical and scientific description: …clauses are often ‘nominalized’” [12]. English texts possess high informational density and a high degree of nominalization. It seems to be that English language is characterized by its noun-tendency. Liu Miqing holds in his CE-EC Contrastive Studies and Translation that “The English language has the tendency to use nouns and prepositions frequently, while the Chinese language verbs” [11]. Nominalizations are characterized by objectives in solemn and precise style that is typical of legal documents. According to Hou weimi (1988), Legal English is the most formal style in all English styles. However, no other structures are more formal than nominalization structures; as a result, there is a frequent employment of nominalization in legal English. The employment of verbal nominalization in legal English can virtually achieve textual conciseness and precision. Here is an example:
Any state that makes a declaration under this convention may            withdraw it at any time by a formal notification in writing addresses to the depository. Such a withdrawal is to take effect on the first day of the month following the expiration of six months after the date of the receipt of the notification by the depositary.
From the above example, we can see the verbal nominalization words, such as “declaration”, “notification”, “withdrawal”, “expiration” and “receipt”. The meaning of the sentences would become quite vague if we make nominalization to the corresponding verbs. The common structure of subjects plus verbs would result in the terribly complicated sentences, thus frustrating the reader’s overall understanding of the legal notion. Therefore, nominalization is a rather clear approach to convey the legal information, and thus making legal English more precise.
3. 2.2 Use of parallel structures
Parallelism also called symmetrical structure derives from the Greek word “parallelisms”, referring to “alongside one another”. Cudden (1977: 180—181), in his A Dictionary of Literary Terms, explains that “parallelism consists of phrases or sentences of similar construction and meaning placed side by side, balancing each other” [12]. In legal English, the same pattern of words is frequently used to express similar or opposite meanings, make a sharp contrast, show a set of related actions and give the reader a deep impression and a sense of wholeness and completeness. Parallelism can also “cause a foregrounding, and create an artistic balance and harmony. Parallelism is the form of the coordination of information. Coordination appears within a sentence or between sentences. That is to say, the coordination mode is either word with word, or phrase with phrase, or clause with clause, or sentence with sentence. To a great extent, frequent use of parallel structures guarantees the precision of legal English. Since precision is the loudest virtue of legal English, the lawyer are addicted to the use of two or more words, then, any of them would serve the purpose.


The parallel structures flourish luxuriantly in legal English. Parallelism is one of the most important and frequently used devices in legal writing. It is regularly employed in the listing of facts, ideas, events etc., and parallel elements may range from a minimum of two to any number required. The parallel structures make legal English expression more clear and precise. For example:
(1). A legal person shall have the following qualifications:转贴于 酷文网-论文下载中心 http://www.coolwen.net


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