英国法律之 Differences between barristers and solicitors

The Difference between Solicitor and Barrister1. IntroductionA solicitor is a lawyer who traditionally deals with any legal matter including conducting proceedings in court. In the United Kingdom, a few Australian states, Hong Kong, South Africa (where they are called attorneys) and the Republic of Ireland, the legal profession is split between solicitors and barristers (called advocates in some countries), and a lawyer will usually only hold one of the two titles. However, in Canada, New Zealand and most Australian states, the legal profession is now for practical purposes "fused", allowing lawyers to hold the title of "barrister and solicitor" and practice as both. The distinction between barristers and solicitors is, however, retained. Some legal graduates will start off as one and then decide to become the otherA Barrister also termed as Barrister-at-Law or Bar-at-Law is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialize in courtroom advocacy, drafting legal pleadings, and giving expert legal opinions. They can be contrasted with solicitors – the other class of lawyer in split professions – who have more direct access with clients, and may do transactional-type legal work. Barristers are rarely hired by clients directly but instead are retained (or instructed) by solicitors to act on behalf of clients.12. AnalyzeIn the 13th century, agent ad litem has appeared in most of the cases. Firstly everyone had the access to be the role. As time goes by, it gradually evolve into a professional career. In 1679, the Habeas corpus Act apparently formulated the principle that ensures the right of defense to the defendant, which offers the legal base for the system of counsel. Nowadays with the rapid development of the society, the lawyer system in Britain improves constantly.If you want to be a solicitor, first of all, you need to get the qualification. The most significant requirement is that you must accomplish a one-year‘Legal Practice Course’. You also need to gain a bachelor's degree in law ahead of time. After you get to the standard of the ‘Legal Practice Course’, you still have to work for the office as a ‘trainee’ for 2 years. Then you should ask the Master of the Rolls to grant you the qualification of the solicitor.But the access to the qualification of the barrister is quite heavy and complicated. Generally speaking, a student with a bachelor's degree in lawhas the necessity to apply to one of the four ‘Inns of Court’2for a student member. Then you start to receive a one-year bar vocational course. Once going through the requirement of the training, the student was called to the bar, offered by the office of the barrister, turned into the role of pupil. In the office, he needs to receive daily practical working training. As soon as you complete the training as a pupil, you go to the step that joins in the sociaty. The competition is so severe that the passing rate is less than 3% in all the applicants.Solicitors are usually directly connected with the public’s everyday life. They provide the public with the necessary information and advice for folks, for example the composing of the contract, the transmission of the possessions. In the event that you can’t avoid instituting preceding, the solicitors can only serve as the advocate in some lower courts which have the limited jurisdiction, but not the courts with general jurisdiction or The High Court of Justice. So you must turn to another barrister as your agent ad litem. At the same time, the client of the solicitor has no ways of connecting the barrister straightly in principle.As a barrister, you should act as the agent ad litem of the defendant and own the right to argue in the general jurisdiction and The High Court of Justice.A barrister will usually have ‘rights of audience’ in the higher courts, whereas other legal professionals will often have more limited access, or will need to take additional qualifications to do so. In this regard, the profession of barrister corresponds to that part of the role of legal professionals found in civil law jurisdictions relating to appearing in trials or pleading cases before the courts. Because the barrister has the duty to assist the judge to apply to the law probably and accurately quote the judgment and precedents, they are paid great attention to keep them neutral and independent. In most countries, barristers operate as sole practitioners, and are prohibited from forming partnerships or working as a barrister as part of a corporation (although, in England and Wales, the Clementi report has recommended the abolition of this restriction)3. By the way, most of the key position of the judge is selected from experienced barristers. In a word, the solicitor can be named as the general legal practitioners; the barrister can be named as the professional legal agent or consultant.3. Further DiscussionOther differences include the following:Barristers usually have particular knowledge of case law, precedent, and the skill of "building" a case. When a solicitor in general practice is confronted with an unusual point of law, they sometimes seek the "opinion of counsel" on the issue.2The existing four Inns of Court include Gray’s Inn, Lincoln’s Inn, Inner Temple and Middle Temple.Solicitors work directly with the client and are responsible for engaging an appropriate barrister; whereas barristers generally have little or no direct contact with their 'lay clients', particularly without the presence or involvement of the solicitor. All correspondence, inquiries, invoices, and so on, will be addressed to the solicitor, who is primarily responsible for the barrister's fees.In court, barristers are often visibly distinguished from solicitors by their apparel. For example, in Ireland, England and Wales, barristers usually wear a horsehair wig, stiff collar, bands and a gown. As of January 2008 Solicitor advocates have also been entitled to wear a wig, but will wear a different gown.Since the 1970s, the differences between barrister and solicitor have faced with more and more challenges and wonders. From 1985, the rules that solicitor and barrister can only work in some certain fields have been abolished, especially in 1990, after the legislation of the ‘Courts and Legal Service Act 1990’, the distinction between them becomes inconspicuous. Solicitor’s business ranges from civil, domestic, trade, and criminal events, but they are not able to ask for high payments. In order to maximize the profits of themselves, they start to involve in the fields of the barrister. So there is still a long way for the development of the two careers.Name: Joseph Wu YongchengChinese name:吴永成Student number: 0111126043。

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英国法学家哈特法律思想研究摘要：在批判奥斯丁的基础上,哈特使英美传统分析法学获得了新生。

伴随着大范围的学术争论,哈特强有力地推动了20世纪后半期英美法理学界的发展,从而被公认为是刚刚过去的20世纪西方法学理论界最有影响的几个人物之一。

本文置哈特于当代西方法学理论多元流变的背景之下，对其法律思想的核心-—法律规则理论、法律和道德关系的学说进行梳理,以期通过对哈特法律思想的解读,发掘其中有助于中国法学理论发展的因素。

关键词：哈特分析实证主义法学法律的规则理论20世纪50-60年代,西方法律理论界接续19世纪以来长期深层次的多元裂变，各种话语和叙事再次处于为新高度上的全面对垒而激烈的酝酿之中。

在哈特面前，古老的自然法学在经历萨维尼、边沁—奥斯丁等人多方夹击之下的百年消沉之后，历经半个多世纪的缓慢复苏，已然阵容齐整、有大面积反扑之势;迟来的社会法学虽不足百年光景，却是新说奇论迭出，锐气弥足；分析法学派自1861年奥斯丁出版《法理学的范围》，虽在英美正统百年，但今非昔比，亟待维新自强。

对于哈特而言，一方面，不论是自然法学对“内心道德”的追求，还是社会法学对“社会事实”的推崇,根本上都背离了法学研究真正的问题领域，最终导致对法律本身的取消；另方面，奥斯丁虽然正确指出了法学研究的基本立场，有助于对法律在当代社会统治地位的捍卫，但由于奥斯丁对于法律及其内在制度结构的认识存在重大错误，完全停留在奥斯丁的状态，根本无力完成对当下理论挑战的有力回应。

Difference between British and American system of governmentMr Barry,I love a computer game named ‘Victoria II’,which is a Historical strategy game. In this game,I know some political differences between UK and USA.Today,I will demonstrate the difference between British and American system of government.To the political system is concerned, all western countries are a parlia mentary democracy, a multiparty system and separation of powers syst em. However, the organization in specific and different countries havetheir own characteristics, which are most representative of the U.S. pr esidential model, the United Kingdom, parliamentary cabinet system m odel .There are some main reasons for difference between British and Ameri can system of government: F irstly, English bourgeois revolution, the bo urgeoisie with the main contradiction is the contradiction between the feudal ruling class. But in the U.S.A, the contradiction is between the bourgeoisie with the colonial rulers. So their social contradictions aredifferent. Secondly, the development of capitalism needs a stable inter nal environment.In American ,the feudal class does nothave the same power as Britain.Therefore Britain is a constitutional m onarchy, and United States is the President of the republic. Last object ively, the English bourgeois revolution is earlier, but power of the bour geoisie is limited, The bourgeois constitutional monarchy is a comprom ise on the feudal forces. In the United States, after a period of the bo urgeois revolution and capitalist development, it has strength and growth.If the King also set in the United States, he must would be overtur ned.Britain is a constitutional monarchy, the United States is a republic, be cause the United States does not own a separate monarch as their sov ereign, so after independence the monarchy was not appear. United St ates presidential system, the president heads the cabinet, the United K ingdom is a parliamentary, prime minister heads the cabinet, the cabin et responsible to parliament. Since before independence ,in the United States,the colonies dictated by the British Governor.There are representatives of the Governor andthe local people-member parliament. The government managed by the Governor, when the king is still head the cabinet in most European countries, so the natural continuation after independe nce, the United States forms this system. The UK ,because the nobility and the bourgeoisie seized pow er, the king's power is limited, parliamentary strength has been enhan ced .America is more democratic than the UK: the legislative has executive and judicial powers.The President and the Supreme Cour t has other powers. Powers are separated into threeparts .Congress has no right to overthrow the government said they di d not trust them; in turn, the president can not dissolve parliament.Britain pursues to maximize the power of fusion with these three cou ntries,.Under the doctrine of the supremacy of the parliament, fusion of legislative and executive power has a high degree, but failed to have fully independent judicial power. Government is formed by the biggest party in the parliament. On one hand, be in charge of executive power, on the other hand, lead s legislative . The congress has not the power to ask the government to resign, but the government can decide to dissolve the Parliament.The advantage of the British political system model, is more conducive to scientific and thoughtful decision-making. But the d isadvantage is that the system is a simple and crudemodel, which can make bureaucracy,corruption and low governance effectiveness.。

What are the major differences between the British and the American Constitutions?There are obvious differences between British and American Constitutions, which can be reflected from two countries‟ respective political lives.1. The difference in terms of their forms1.1 The form of British ConstitutionBritain has few written laws, but that doesn‟t mean that Britain does not have Constitution at all. The British constitution is not in a single, written document, but is drawn from legislation, treaties, judicial precedents, convention, and numerous other sources. Obviously, one of the distinctive feature of British Constitution is its “flexibility” that makes statutes adaptable to the changing society.1.2 The form of American ConstitutionThe Constitution of the United States, written in 1787 and ratified in1789, was the first important written Constitution. It was written in one “place”, which makes it a written or codified law. In America, Constitution is the supreme law abiding by both federal government and state governments.2. The difference in terms of their contents2.1 The content of British ConstitutionBritish Constitution consists of constitutional laws and common laws. “Four pillars of the British Constitution were Habeas Corpus Act, Magna Carta, the Petition of Rights and the Bill of Rights” . There are six major systems in British Constitution. They are“unwritten constitutional system, constitutional monarchy, two-chamber(the House of Lords and the House of Commons)system, parliament supremacy, cabinet system and two-party system”2.2 The content of American Constitution“Constitution of the United States contains seven Articles and twenty-seven Amendments” . All seven Articles deal with legislative power, executive power and judicial power, states power and limits, Amendments, federal power and ratification. “American Constitution‟s most distinctive features were its …separation of powers‟ and creation of …checks and balance‟ among the legislative, executive and judicial branches” . Ameri ca first created presidential system while Britain first created cabinet system. In the US, “the national government and the state governments exercise sovereignty at the same time”. while Britain is a constitutional monarchy.3. The difference in terms of their historical background3.1 Historical background of British ConstitutionBritish Constitution is a product of compromise between Feudalism and capitalism. “The History of the British Constitution is a story that begins before the creation of the United Kingdom itself and continues to the present day” After the famous bloodless “Glorious Revolution” of 1688, Britain became a constitutional monarchy ruled by a queen under the permission of Parliament.3.2 Historical background of American ConstitutionOn May 25, 1787, 55 delegates from all states except Rhode Island met in the sessionof Constitutional Convention in Philadelphia. They decided to draw up Constitution. In 1788, the Constitution came into effect after New Hampshire became the ninth state to ratify it. America is a capitalistic society without experiencing slave and feudal society, thus it doesn‟t have any monarchs at all, but Americans tried to avoid tyranny with the principle of “separation of powers” and “checks and balance”.4. Comments and analyses4.1 The role of Constitution“A constitution is a system for government—often codified or rarely uncodified as a written document—that establishes the rules and principles of an autonomous political entity”. Be it a written or an unwritten C onstitution, every country‟s constitution embodies the country‟s supremeinterest. The Constitutions of the United States and the United Kingdom are no exceptions. The role of Constitution is to defend and consolidate the country and make itspeople abide by constitutional authority.4.2 Improvement of ConstitutionConstitutions are developed as time goes on. No single Constitution remains the same as before. For example, American Constitution originally contained 7 Articles and just 10 Amendments, but now there are altogether 27 Amendments and will be more in the future. This change or improvement to the Constitution reveals that every Constitution must keep up with the changing society. Only in this way can every sovereign nation guarantee its political and economic stability.。

总结英美法系和大陆法系的不同英语作文The Divergent Paths of Common Law and Civil Law SystemsThe legal systems of the world can be broadly categorized into two main traditions: the common law system and the civil law system. These two systems have evolved over centuries, each with its unique characteristics, strengths, and weaknesses. Understanding the fundamental differences between these legal traditions is crucial for navigating the complexities of international law and commerce.The common law system, which is primarily practiced in countries such as the United States, the United Kingdom, Canada, Australia, and New Zealand, is rooted in the English legal tradition. This system is characterized by a reliance on precedent, where judges' decisions in previous cases serve as a guide for future rulings. The common law system is often described as a "case-based" approach, where the law is developed through the gradual accumulation of judicial interpretations and applications of legal principles.One of the defining features of the common law system is the role of judges. In this tradition, judges are not merely impartial arbiters of the law; they also play an active role in shaping the law through theirinterpretations and rulings. Judges in the common law system are empowered to interpret statutes and precedents, and their decisions can create new legal principles or modify existing ones. This flexibility allows the common law system to adapt to changing social, economic, and technological conditions.Another key aspect of the common law system is the adversarial nature of the legal process. In this system, parties to a dispute present their arguments and evidence before a judge or jury, who then determines the outcome based on the merits of the case. The adversarial system is designed to encourage thorough investigation, vigorous advocacy, and a fair and impartial decision-making process.In contrast, the civil law system, which is predominant in continental Europe, Latin America, and much of Asia, is based on a codified set of laws and regulations. This system is often referred to as the "code-based" approach, where the law is primarily derived from comprehensive legal codes, such as the Napoleonic Code in France or the German Civil Code.The civil law system is characterized by a more systematic and deductive approach to the law. Instead of relying on precedent, civil law judges are tasked with interpreting and applying the relevant provisions within the legal codes. This system places a greater emphasis on the role of the legislature in shaping the law, as thecodes are typically the product of extensive legislative drafting and debate.One of the key differences between the common law and civil law systems is the role of the judiciary. In the civil law tradition, judges are generally seen as more passive interpreters of the law, rather than active shapers of it. Their primary function is to apply the relevant legal provisions to the facts of a case, rather than to create new legal principles through their rulings.Another distinguishing feature of the civil law system is the emphasis on written legal documents and the codification of the law. Civil law jurisdictions typically have comprehensive legal codes that cover a wide range of legal issues, from contract law to criminal law. This systematic approach to the law is intended to provide greater certainty and predictability for individuals and businesses.Despite these fundamental differences, both the common law and civil law systems share the common goal of upholding the rule of law and ensuring the fair and equitable administration of justice. However, the divergent paths of these two legal traditions have led to distinct approaches to legal reasoning, judicial decision-making, and the overall structure of the legal system.In the context of international law and commerce, the differencesbetween the common law and civil law systems can have significant implications. Multinational corporations and individuals engaged in cross-border transactions must navigate the nuances of these different legal traditions, often requiring the expertise of legal professionals who are well-versed in both systems.For example, in the realm of contract law, the common law system's emphasis on precedent and the role of judges in interpreting contractual terms may differ from the more codified approach of the civil law system. Similarly, in the field of intellectual property, the common law's recognition of certain types of unregistered rights, such as trade secrets and passing off, may not align with the civil law's focus on registered intellectual property rights.In conclusion, the divergent paths of the common law and civil law systems have resulted in distinct legal traditions that have shaped the legal landscape around the world. Understanding these differences is crucial for navigating the complexities of international law and commerce, and for fostering effective collaboration and cooperation between countries with different legal systems.。

最新200份英语专业全英免费原创毕业论文参考选题都是近期写作1 On Loss of Fidelity in Translation2 中英文法律谚语比较及互译技巧3 《纯真年代》中社会与个人的碰撞4 英汉同义词对比及翻译5 《了不起的盖茨比》中的人物分析6 A Comparison of the English Color Terms7 评《河湾》主人公-萨林姆的非洲观8 中西饮食文化差异探析9 试析《老人与海》的悲喜色彩10 A Probe into Assisting Functions and Limitations of Machine Translation of Journalistic Texts11 英语中的汉语借词12 委婉语与英语交际13 中国英语初探14 功能对等理论在英语习语翻译中的应用1516 浅析不同文化中的身势语17 从认知语境角度探究社交语用失误的原因18 中外服装品牌英文标签语言的跨文化研究19 文化差异对英汉翻译的影响20 国际商务谈判中的文化障碍及策略研究21 Linguistic Communication Skills in Business Negotiations22 论《霍华德庄园》中的象征主义23 设计中国际主义风格与民族主义风格的平衡24 浅析罗斯福就职演说中的美国精神25 从汉英动物词汇的文化内涵看中西方文化差异26 The Importance of the Application of Kinesics in English Classes in Primary School27 英汉植物词文化内涵的比较研究28 论托妮莫里森《最蓝的眼睛》中的母女关系29 相似的母爱，不同的表达——对比研究《黑孩子》和《宠儿》中的母亲形象30 从中美数字谚语看中美文化的差异31 论英语称谓语中的性别歧视现象32 A Comparison between Task-based Approach and Communicative Approach33 中英委婉语文化内涵特征对比研究34 Pecola’s Blues－－A Reading of The Bluest Eye35 Three Discriminations to Little Black American Girls in The Bluest Eye36 《永别了，武器》悲剧特征分析37 中学生词汇自主学习对阅读能力影响初探38 《呼啸山庄》爱情悲剧根源分析39 论商业广告中的翻译对等原则40 英汉文化差异对习语翻译的影响41 《还乡》中哈代的自然观42 文化差异对中美商务谈判的影响和应对策略4344 论《哈克贝利费恩历险记》中的自由内涵45 不可避免的命运—对《献给艾米丽的玫瑰》的后现代分析46 文化差异对中美商务谈判的影响47 谈电影片名汉译的不忠48 论《傲慢与偏见》中的妇女地位问题49 大学英语与高中英语教学的过渡与衔接50 论英语演讲开场的决定性因素和相关策略51 从《远离尘嚣》看托马斯哈代的生态自然观52 The Illusory American Dream－－A Comparative Analysis on Martin Eden & The Great Gatsby53 浅析商务英语的语言特点及翻译54 浅谈中学英语教学中的情感教学方法55 英语构词法对词汇习得的影响56 研究简奥斯汀的婚姻观－－-根据分析她的著作《傲慢与偏见》57 《荆棘鸟》中女性主义及女性意识觉醒的解读58 理智的喜剧，情感的悲剧析《理智与情感》中的婚姻观59 宗教在世界战争史中扮演的角色60 美国电视剧中双关语的研究－重点关注双关语的汉语翻译61 中英新闻标题的差异及翻译方法62 大学英语课堂教学师生互动建构浅析63 论简奥斯丁在《傲慢与偏见》中的女性意识和婚姻观64 她们的自我选择—解读简奥斯汀傲慢与偏见中女性的婚恋观65 《傲慢与偏见》中女性意识的体现66 体育新闻英语文体特点分析67 《飘》中郝思嘉性格特征透析68 论《鲁滨逊漂流记》中的殖民主义69 丹尼尔·笛福的社会地位和鲁滨逊漂流记70 初中英语说写技能综合教学研究71 通过象征主义、梭罗的自然思想和梭罗的个人主义析《瓦尔登湖》72 中西方礼仪差异73 高中生英语阅读教学中合作学习理论的运用74 交际法在中学英语教学中的应用75 《善良的乡下人》中的女性形象分析76 The Important Role of Body Language in American Daily Life77 如何通过教师提问促进课堂互动78 金钱与婚姻—论《傲慢与偏见》中的婚姻价值与导向79 On Translators’ Subjectivity in Literary Translation—Based on the different Chinese versions of Bacon’s essay Of Studies80 论《爱玛》中简奥斯丁的社会理想81 西方文化中的吸血鬼形象与东方文化中的鬼形象之对比82 中西方“云”文化的对比研究及其翻译83 Man-and-Nature Relationship in Moby-Dick84 Cultural Impacts on International Business85 从春节和圣诞节看中美文化差异86 解析《拉帕西尼之女》中贝雅特丽丝87 论杰伊盖茨比之“了不起”88 动物委婉语89 曹禺与尤金奥尼尔作品中的悲剧观比较90 论英语词汇学习策略91 任务型教学在新课标初中英语教学中的应用92 中美婚姻观对比研究93 浅析Gossip Girl中禁忌语的一般功能94 广告英语的语言特色95 中美时间观差异对跨文化交际的影响96 《宠儿》的非线性叙事模式97 论《麦田里的守望者》中的象征体系及霍尔顿的精神世界98 浅析英诗翻译的原则和方法——丁尼生《鹰》的不同译文比较99 浅析中美商务沟通中的恭维语100 An Analysis of the Heroine of the Scarlet Letter101 中英颜色词及象征意义102 经典英文电影台词的文体分析103 《汤姆叔叔的小屋》中圣克莱尔一家的人物分析104 It的用法与翻译105 从《老人与海》看海明威的人生观106 从习语来源看中西文化之不同107 中西建筑文化差异及其形成背景分析108 浅析《呼啸山庄》希斯克利夫人物形象及其悲剧意义109 跨文化因素对字幕翻译的影响110 英语词汇教学方法探讨111 《红楼梦》委婉语翻译探究112 从主角与配角之间关系的角度探讨《老人与海》中的生存主题113 商务英语信函文体分析114 中文旅游文本的英译研究115 《永别了，武器》主题的分析116 商务英语信函中的语用礼貌失误117 英语思维模式及其对英译汉的影响118 中美文化交际中的礼仪文化差异研究119 文化视角下的英汉委婉语翻译探讨120 抱怨类外贸信函的语篇分析121 小说《小公主》主人公萨拉的性格魅力122 《格列佛游记》对理性的反思与批判123 论政治文本翻译中的译者主体性124 高中英语写作教学交往的模式及其策略125 试析《远大前程》中匹普性格发展与社会环境的关系126 基于语料库的汉语空间隐喻认知分析——以前后为例127 以颜色词为主题的英汉习语比较128 The Analysis of Pearl in The Scarlet Letter129 英语教学中跨文化意识的培养130 英汉状语语序修辞对比与翻译131 合作学习在初中英语口语教学中的应用132 论《弗兰肯斯坦》中贾斯汀的悲剧133 从用餐礼仪看中美核心价值观差异134 从两个H男孩的出走看美国历史的变迁135 论口译中的跨文化意识136 从会话含义分析鲍西娅人物形象137 从《红字》看霍桑对清教主义的批判与妥协138 《推销员之死》的文化解读139 论《看不见的人》黑白文化矛盾体140 “以读促写”提高英语写作能力的教学法研究141 商务英语中缩略词的运用及翻译142 从原型批评理论观点看《红字》的圣经原型143 浅析简爱的双重性格144 小学英语课堂中教学反馈的调查与反思145 中学英语教学中课堂活动的组织和实施146 英汉新词对比研究147 《简爱》中的人文主义思想述评148 论《雾都孤儿》的写作手法与创作意义149 国际商务谈判中模糊语言应用的语用分析150 国际贸易中付款方式的比较分析及发展趋势151 政治委婉语的取效性行为分析152 从《纯真年代》中的女性角色看伊迪斯华顿的女性意识153 中美地下电影之比较研究154 中美两国家庭文化差异155 中美学校教育对比——学生个性发展方面156 从《卖花女》看萧伯纳的费边主义思想157 浅析好莱坞英雄主义中的传统英雄和反英雄形象158 On the Main Practice of the Corporate Social Responsibility of the Multinational Corporations159 从语言的角度分析《麦田里的守望者》中霍尔顿的儿童形象160 Satan in Paradise Lost as a Tragic Hero161 英汉颜色词“红”的对比研究162 跨文化交际背景下英语禁忌语探析163 探寻《呼啸山庄》的道德意义164 英语新闻标题的前景化165 The Impact of Gender Differences on Language Learning Strategies166 On the Female Initiation Theme in Little Women167 浅谈企业形象广告设计168 中美大学生请求语策略对比研究169 论汉语四字格的英译170 从《弗洛斯河上的磨坊》看维多利亚时期的新女性主义观171 浅论美国文化霸权的确立172 从《道连葛雷的画像》角色看王尔德173 浅析肯德基在中国的本土化策略174 Strategies of Activating Middle School Classrooms for Effective English Learning 175 试论班扬《天路历程》中基督徒的精神历程176 英语广告语中双关语的运用及翻译177 中西方对鬼怪认识的差异178 拟象性对后现代消费文化的影响179 浅析英语专业学生在听力理解中的策略运用180 非规范性法律文书的文体特征探究181 浅析《心是孤独的猎手》的精神隔绝主题182 浅谈大学英语教育的文化融入183 《呼啸山庄》和《暮色》系列的对比研究：《呼啸山庄》再次热销引发的思考184 论《喜福会》中中美文化的冲突与融合185 霍桑的罪恶观在《红字》中的体现186 美国价值观在电影《当幸福来敲门》中的体现187 英语委婉语及其语用学原则188 浅析中美商务谈判中的文化冲突189 An Analysis of Mulan's Character in Moment in Peking190 初中学生听力理解障碍简析及应对策略191 英语委婉语的语用分析192 图式理论对中学英语听力教学的启示193 英文电影片名翻译的方法与原则194 从女性主义角度解读惠特曼的《草叶集》195 《榆树下的欲望》之农场意象－－基于生态女性主义的分析196197 中英新闻标题的差异及翻译方法198 论《龙年》中呈现的中国文化199 To Obey or Rebel –A Study of Female Characters in Moment in Peking200 从关联理论分析辛弃疾的诗词翻译。

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Barrister（专门律师）法律英语
n. Lawyer（especially in England）who can plead or argue a case in one of the higher courts. In England and Wales， a barrister is a member of one of the Inns of Court； he has passed examinations and spent one year in pupilage before being called to the bar. Barristers have right of audience in all courts in England and Wales. Note also that barristers are instructed only by solicitors and never by members of the public. A barrister or a group of barristers is referred to as 'counsel'.
专门律师，（尤指英格兰）能在一个高等法院为诉讼进行辩护的大律师。

在英格兰和威尔士，高级律师是某一律师学院的一个成员；在成为高级律师前他还得经过一年的严格培训并通过各种有关考试。

在英格兰和威尔士高级律师在所有法院都有辩护的权利。

还要注意：只能由初级律师向高级律师提供案情，社会公众的成员绝对不能这样做。

一个或一组高级律师也称之为辩护人。

责任编辑：xuanxuan
1/ 1。

英美侵权法笔记及案例(àn lì)分析一、Introductionparison of conceptsa)Torts v. Contract lawi.legal basis:torts: legislationcontract law: agreement\consentii.purpose (remedy):torts: restoration to original position and requirements of punitive damages in some cases.contract law: Protecting 3kinds of interests: restitution, reliance, and expectation interests (should the contract performed)iii.form of remedy:torts: monetarycontract law: monetary, injunctive relief, rescind the contract, equitable relief of special performanceb)Torts v. Constitutionoverlapping issues but considered in different angleseg.(defamation) :freedom of speech v. right of reputationc)Torts v. Criminal lawsi.legal basis:torts: private lawcriminal laws: public lawii.purposetorts: Injured party seeking personal reliefcriminal laws: protect the public and satisfy its sense of justice by punishing the wrong doersiii.form of remedytorts: monetarycriminal laws: fines , imprisonment, death penaltyiv.standard of prooftorts: preponderance of the evidencecriminal laws:beyond all reasonable doubt2. 3 types of tort lawa)intentional tortsthe harm is desired or the results of harm are within knowledge(the substantial certainty of the harm).b)negligence /torts of negligence:legal duty is owned; break of that duty ; and damage is caused to plaintiff. The foreseeability is crucial.c)strict liability torts:A liability assigned regardless of fault as a matter of social policy.(no foreseeability of injury or blameworthy conduct is required)3.remediesCompensatory damagesPunitive damages (require malicious, fraudulent, or evil motives)二、intentional torts1.general elements of intentional tortsa)elements(3)(prima facie case)a volitional act: a movement dictated by a person’s mind(wrongful act)intent: general intent (substantial certainty of the consequences)& specificintent(want to bring about the results)causation: (causal relationship)the result must be legally caused by the actb)transferred intent doctrine(intent issue)i.Definition: while A intends to commit a tort against one person but insteadcommits a different tort against that person, or commits the same tort butagainst a different person, or commit a different intent against a differentperson, the intent is transferred to the other tort or the injured person.ii.Application: assault, battery, false imprisonment, trespass to land, trespass to chattels.c)eggshell skull rule(compensatory issue)an intentional tortfeasor is ordinary liable for all consequences, whetherforeseeable or not, which are actual cause of his conduct.Case 13 Vosburg v. PutneyProcedural history:Vosburg sued Putney for assault and battery. The jury rendered a verdict for Plaintiff in the amount of $2,800. The defendant appealed, the case was again tried in the circuit court, and the judgment was reversed for error and the new trial resulted in a verdict for Plaintiff in the amount of $2,500.Facts:Putney (Defendant, 11-years old) slightly, but unlawfully, kicked Vosburg (Plaintiff, 14-years old) on the leg during school intending no harm. Although the kick was slight, Plaintiff lost the use of his limb because Defendant's kick revivified a previous injury.Issue:1.While the intent to do harm is of the essence of an assault, whether thedefendant had the intent?(intent)2.While the defendant just kicked slightly on the leg of the plaintiff, whetherhe was liable for all injuries resulting directly from the wrongful act even itcould not have been foreseen?(damage)Holding:1.Yes2.YesReasons:1.In actions for assault and battery, Plaintiff must show either that theintention was unlawful, or that Defendant is at fault. If the intended act isunlawful, the intention to commit it must necessary be unlawful. In this case,the act was unlawful since it took place during class, rather than on theplayground. The court held it was unlawful and that unlawfulness was enoughto impose liability on Defendant.2.The wrongdoer is liable for all injuries resulting directly from the wrongfulact whether they could or could not have been foreseen by him, which is theso-called “eggshell skull rule”.Judgment:Judgment reversed and case remanded for a new trial.2.Intentional torts to the person(4 types)a)Batteryi.Definition: the intentional, unprivileged, and either harmful or offensivecontract with the person of another.ii.Elements: (3)Act: brings about harmful or offensive contacts to plaintiff's person oreffects(rule: plaintiff's person includes anything directly connectedto the person, such as a pen or a book held by the plaintiff person.) Intent:to make a contact(physical touch)Causation:between the act and harmful or offensive touchingPs:defendant's like or dislike towards the plaintiff is explainable but not necessary to establish the prima facie case.b)Assaulti.Definition:an act creating a reasonable apprehension in the plaintiff ofimmediate harmful or offensive contact to the plaintiff’s personii.Elements: (3)Act: creating a reasonable apprehension in the plaintiff of immediateharmful or offensive contact to the plaintiff’s personIntent: to cause apprehensionCausation: between the act and apprehensionApprehension: means the plaintiff's expectation of the batteryA display of force which directed specifically towards the plaintiff (e.g. athreatening gesture suggesting imminent, unconsented contact)The victim be aware of the threatening conduct and actually feelthreatened (not require actually be frightened, test: a reasonable person)e.g1: a 13 year old boy in military uniform carried a plastic gun andthreatened an adult------apprehensive of imminent harm? -------reasonableperson standard.e.g2: B stand behind A；B want to stab A； A find it later；A want tosue B；is there an assault？Answer：there is no assault——there is NOapprehensive of imminent harm within A's knowledgeiii.Differences between assault and battery(act)1.Act: without physical touch-->Assault ; with physical touch--->Battery.2.Time: before physical touch h-->Assault ; after physical touch--->Battery.Case 15 Fisher v. Carrousel Motor Hotel, Inc.Procedural history:Fisher sued Carrousel Motor Hotel, Inc., the Brass Ring Club and the employee Robert W. Flynn for actual and exemplary damages growing out of an alleged assault and battery. The jury returned a verdict of $400 for actual damages and $500 in punitive damages. The trial court rendered judgment for the defendant notwithstanding the verdict.(JNOV) The plaintiff appealed and the Court of Civil Appeals affirmed.Facts:At a professional conference held in Defendant's hotel, one of Defendant's employees forcibly removed a plate from the Plaintiff's hand, shouting that a "Negro could notbe served in the club". Defendant's employee did not make physical contact with Plaintiff, but the event was witnessed by many of Plaintiff's colleagues.Issue:1.While the defendant didn’t do any physical harm to the plaintiff’s body butsnatched an object from his hands, whether an actionable battery wascommitted?2. Whether the defendants must respond in exemplary as well as actual damages for the malicious conduct of Flynn?Holding:1.Yes.2.Yes.Reasons:1.The dispossession of an object from one’s hand in an offensive manner isactually unwanted and intentional invasion of one's person(an offense to hisdignity), thus constitutes a battery.2.A principal or master is liable for exemplary or punitive damages because ofhis agent if the agent was employed in a managerial capacity and was actingin the scope of employment. In this case,Flynn was the manager of the BrassRing Club and was acting within the course and scope of his employment.Judgment:The trial court erred in overruling that motion and in entering judgment for the defendants notwithstanding the verdict; and the Court of Civil Appeals erred in affirming the judgment. The judgments below are reversed and judgment is here rendered for the plaintiff for $900 with interest from the date of the trial court’s judgment and for costs of this suit.c)False imprisonmenti.Definition:an act or omission to act of the defendant that confines orrestrains the plaintiff to a bounded area.ii.Elements(3)Act: unlawful and unconsented detentionof the plaintiff within boundariesIntent: to confine the plaintiff, omission or arbitrarilyCausation: between the act and apprehensionConfine: use of unreasonable force, threat of force or assertion of legal authority of the defendant, and harm to the plaintiff or knowledge by theplaintiff of the confinement, both physically and mentallyA bounded area: apparent lack of a reasonable exite.g. the shop owner mistakenly shut somebody down in the shop when hethought there is nobody there→false imprisonmentiii.Defense——Shoplifting rulea)Definition: Shopkeepers have a privilege to detain suspected thief forinvestigation, which may negate one of the elements of false imprisonment.b)Elements: (4)reasonable belief: believe the plaintiff was a suspected thiefreasonable period: the detention is only for a reasonable timereasonable manner :only reasonable force was used()reasonable purpose: for reasonable investigationCase 16 Marius S. Coblyn v. Kennedy’s Inc.Procedural history:Facts:after shopping in Defendant’s store, Plaintiff, a 70-year-old man, was leaving when Defendant stopped him. Defendant thought Plaintiff was attempting to steal an ascot. As a result, Plaintiff was hospitalized and sued Defendant for false imprisonment..Issue:3.Does restraint of personal liberty, by fear of a personal difficulty, amountto a false imprisonment?4.If Plaintiff was falsely imprisoned, was the imprisonment privileged?Holding:3.Yes4.NoReasons:1.Any general restraint is sufficient to constitute an imprisonment. Anydemonstration of physical power, which, to all appearances, can be avoidedonly by submission, operates as effectually to constitute an imprisonment. Inthis case, Goss firmly grasped Plaintiff’s arm and told him that he hadbetter go back to see the manager. There was another employee standingnext to Goss. Considerin g Plaintiff’s age and heart condition, it is hardlyexpected that Plaintiff could do anything but comply with Goss’s “request”that he go back and see the manager. If a man is restrained of his personalliberty by fear of a personal difficulty, that means if Plaintiff left beforeexonerating himself, the onlookers might have interpreted his departure asan admission of guilt, so that amounts to a false imprisonment.2.Defendant, a shopkeeper, has a privilege to detain Plaintiff if detained in areasonable manner, for a reasonable length of time, and if Defendant hadreasonable grounds for believing that Plaintiff was attempting to commitlarceny of goods held for sale. In this case, it is conceded that Plaintiff washeld for a reasonable length of time. Howeve r, Defendant’s detention ofPlaintiff was not performed in a reasonable manner. There were noreasonable grounds for believing that Plaintiff was committing larceny and,therefore, he should not have been detained at all. Furthermore, Goss’sfailure to identify himself as an employee of Defendant, coupled with thephysical restraint in a public place imposed upon Plaintiff, an elderly man,who had exhibited no aggressive intention to depart, could be said toconstitute an unreasonable method by which to effect detention.Judgment:Plaintiff was imprisoned by a demonstration of physical power that could only be avoided by submission. Plaintiff was falsely imprisoned and Defendant was not privileged to detain Plaintiff. Defendant did not have any objective, reasonable grounds for believing that Plaintiff committed larceny. The court added that even if there were reasonable grounds to detain Plaintiff, the detainment was not executed in a reasonable manner. In its analysis, the court pays special attention to P laintiff’s age and physical condition. So, there is a false imprisond)Intentional infliction of emotional distress(the tort of outrage)i.Definition: serious, intentional and unprivileged invasions of mental andemotional tranquility.ii.Elements:(4)Act: amounting to extreme and outrageous conductIntent: to cause the plaintiff to suffer or recklessness as to the effectof the defendant’s conductCausation: between the act and damage,causation between the intent andact(2 causations)Damage: severe emotional distress as a resultSevere emotional distress: including fright, grief, shame, humiliation,embarrassment and anger, must be substantial or persistent that noreasonable person in a civilized society should be expected toendure it.why damages are required？ the suffering must be tangible——therefore it requires damageiii.Differences between IIED and other 3 tortsa)Act: amounting to extreme and outrageous conductb)Damage is neededCase 17 Robert Logan v. Sears, Roebuck &Co.Procedural history:Facts:Defendant’s employee called plaintiff at his place of business to see if he had made the monthly payment on D’s store credit card.P heard the Sears employee state: “This guy is a queer as a three-dollar bill. He owns a beauty salon, and he just told me that ifyou’ll hold the line I will check my checkbook.” No one on P’s end of the conversation but P heard the employee’s remarks. P is a homosexual and sued D for IIED.Issue:Whether the trail court erred in granting summary judgment?Holding:NoReasons:The word “queer”, even though is an intrusion upon P’s solitude or seclusion, we do not believe that it is so extreme or outrageous as to offend the sensibilities of an ordinary person similarly situated. In order to create a cause of action, the conduct must be such that would cause mental suffering, shame, or humiliation to a person of ordinary sensibilities, not conduct which would be considered unacceptable merely by homosexuals. What’s more, the employee didn’t know that P is a homosexual and is super sensitive about being called “queer”. So there is not exist an IIEDJudgment:The trail court did not err in granting summary judgment.3.Intentional torts to propertya)Trespass to landi.Infringe: a possessor’s interest in exclusive possession of landii.Elements:Act: physical invasion of the plaintiff’s real propertyIntent: to bring about the invasionCausation: between the act and intentPhysical invasion: enter(actually present on, under or above the land) ;intentionally casts an object upon the land or causes another to enter(theanother one is not liable if he leave with reasonable dispatch)Intent: merely to be present at the place, not intent to go upon the land ofanother nor to violate another’s rights(that is, no need to know whose lan dit is) unless it’s induced by the plaintiffb)Trespass to chattelsi.Infringe: a possessor’s interest in freedom from minor intentionalinterference with personal propertyii.Elements:Act:interferes with the plaintiff’s right of possession in the chattel, bydispossession, use, or intermeddlingIntent: to affect the chattelCausation: between the act and damage, between the act and intentDamage: dispossession itself is damage, if no dispossession, must provedamage in the form of substantial loss of use, or impairment of condition,quality, or valueiii.Differences between trespass to land and trespass to chattels Trespass to land: no damage, immoveable propertyTrespass to chattels: damage, moveable propertyiv.Difference between tort of trespass and tort of nuisanceTrespass: actual invasionNuisance: projection of light, noise, vibrationsc)Conversioni.Definition: a person intentionally exercises exclusive control over thepersonal property of another without permission so that the actor justly be required to pay the other the full value of the chattel.conversion vs. larceny::tort law vs. criminal lawii.Elements:A ct: interferes with the plaintiff’s right of possession in the chattel thatis serious enough in nature or consequence to warrant the defendantpay the full valueIntent: to interfere with the plaintiff’s right of possession in the chattelCausation: between the act and resultDamage:iii.Differences between the trespass to chattels and conversiona)DegreeTresspass to chattels:low-----plan to pay backConversion:high-----keep it foreverb)RemedyTresspass to chattels:pay the damageConversion:pay the full value(fair market value) or replevin(return ofthe property),at the plaintiff’s electione.g.1:steal the book；want to borrow the book for a while without permission （lost the temporary ownership of the book）e.g2:take the bike for a while----trespass; a car accident destroy the bike-------conversionstuff that has been destroyed totally or taken forever:conversionstuff that has been borrowed for a while to be used: trespass to chattelsiv.Ways(types)Acquisition of property without justificationWrongful transfer of the chattelSubstantially changing of the chattelSeverely damaging or destroying the chattelMisusing the chattelv.Subject matterBoth tangible and intangible that is reduced to physical form, such as apromissory note, and documents in which title to chattel is merged, like abill of lading.4.Intentional torts to economic and dignity interestsa)Defamationi.Definition: defamation is the false communications made with the intentionof harming the reputation of an individual or a corporation.(dignitaryinterests)ii.Forms: slander (oral) and libel(written)1.Slander Consists of spoken words, transitory gestures, and other less-permanent and less-harmful forms of communications.2.Libel consists of the publication of defamatory matter by recording inwriting or other permanent form or by any other form of communicationwhich has the similar potentially harmful qualities and characteristics.3.Slander per se1. A crime involving moral turpitude2.Having a loathsome disease3.Being incompetent to practice a business, trade, or profession4.Being an unchaste woman or serious sexual misconductiii.Elements:1.a defamatory statement(both oral and written)on the defendant2.the language must be of or concerning the plaintiff3.a publication to a third person who understands it4.plaintiff’s reputation be harmed by the defamatory statement5.specific damage: pecuniary loss, include a loss of a job, a prospective giftor inheritance, an advantageous business relationship, or customers,slander-12345 slander per se-1234 libel-1234ps:statement must be false in order to sue defamation(but it is not theburden of the plaintiff, but the sufficient defense)iv.Differences between slander and libel-proof of damage1.Libel-actionable per se, without proof of injury, general damage is presumed2.Slander-must prove specific damage, unless the slander is slander per se. v. A public figure or involves a matter of public concern2 elements: falsity: the defamatory language must be fault（normally itis the burden of the defendant）Malice: Fault on the defendant as to the falsity（mistakenly make the accusation will not constitute thedefamation of the public figure）vi.Who is the plaintiff? Why it is important?1.Who: Must be living person as well as on behalf of corporations,partnerships, unincorporated associations, and non-profit institutions.(adeceased person’s reputation can’t be vindicated, but if the defamation of the dead may reflect the living, it’s okay.)2.Reason: to determine the feature of the case, common person or publicfigure; It requires “of or concerning plaintiff”------standing to sue.vii.Defensesa)Consent---complete defenseb)Truth---best defensec)Privilegesi.Absolute privilege(5 types)Applied in cases involving judicial proceedings,legislative proceedings,actions of the executive branch,communications between spouses,compelled broadcasts or publications required by law.ii.Qualified privilege-should not be abusedApplied when circumstances warrantFactors considered: the relationship between the publisher and therecipient; the risk posed to the interests of the publisher, therecipient or others; whether the information was solicited orvolunteered; the likelihood that the information will enable therecipient to take effective action to avoid the risk of harm fromcoming to fruition; whether the plaintiff previously engaged inconduct wrongful to the publisher, the recipient or the public ingeneral.E.g. the author of the reports of public proceedings; a debtorexplaining to a collection agency his reason for not paying viii.mitigating factorsreduce the severity or aggravation of the defamation:1)no malice（intent）;2)retraction of statement3)provoked anger ——presuppose the statement is trueCase 21 Hedgpeth v. ColemanProcedural history:first tried in Superior Court, Granville County, motion allowed as to the alleged slander and blackmail, and denied as to the alleged libel. Defendant excepted and appealed to Supreme Court of North Carolina.Facts:Coleman (D), a merchant, got his storehouse and safe stolen. Soon after that crime, Hedgpeth (P), a teenage boy, received a note of unavowed authorship, which asked him to turn in the stolen stuff otherwise a disclosure of the crime would be brought against him.Hedgpeth turned to help, which inevitably divulged the note’s content to others. And then an expert testified that the note was written on a certain typewriter, which would warrant a fact that the defendant was responsible for this typewritten note of unavowed authorship.Then the plaintiff brought a suit against defendant.Issue:1. Did the judge properly instructed the jury with the expert’s testimony as evidence in the trial?2. Does communicating of the defamatory content, which is directly to the plaintiff himself constitute a publication?Holding:1. Yes2. YesReasons:1. As the testimony of an expert ought neither to be blindly accepted nor arbitrarily rejected, so the question whether it is to be considered like other evidence or received with caution may depend upon the circumstances developed in the trial. And surely the judge can instruct the jury to find the facts upon their own sound judgment.2. The issues of this case mainly concern the publication element of defamation. We can crack the publication into two parts to analyze: creation and communication. In this case, the jury agreed that the defendant was liable for the creation of the letter. As to the publication, it’s a little complicated here. To establish a prima facie case of defamation, publication of the defamatory language must be communicated to a third person who understands it. But here in this case, the letter was delivered to the plaintiff who was actually defamed. And it’s the plaintiff himself who divulged the defamatory language to others. So can this establish a prima facie case? A general rule is that the communication of libelous matter to the person defamed does not of itself constitute a publication. But the ultimate concern is the relation between the writing of the paper and the disclosure of its contents by the plaintiff. Exceptions are based upon the principle that the act of disclosure arises from necessity. And that necessity can be superinduced by a fear. Considering the plaintiff’s immaturity and the character of the accusation and menace conta ined in the letter, it’s quite natural that the plaintiff would turn to someone for help and advice, which will definitely lead to the disclosure of the letter. With knowledge of situation above, the defendant must have foreseen the plaintiff's necessary exposure of the letter as the natural and probable result of the defamation. Obviously, the act of the defendant was the proximate cause of the publication. And a prima facie case is well established.Judgment:b)Invasion of privacyprivacy:1)not about true or false as defamation2)everyone has the right of his or her own privacy：likeness ，staying alone（zone of safety）3)hard to understand4)right of solitude being infringed5)irrelevant personal stuff to the casei.Intrusion(intrusion upon seclusion)1.Definition: a person’s privacy is physically invaded2.Elements: (3)physical intrusions into such places as plaintiff’s home or hotel room orpryingthe intrusion must be offensive or objectionable to a reasonable personthe thing into which there is prying or intrusion is private ii.public disclosure of private matters1.definition: information, private in character, is exposed to the public gaze.2.Elements: (3)disclose a private matter to public, which is not of legitimate concernhighly offensive to a reasonable persondamage3.Differences of the” publication” elementDafamation-any third person who understands itpublic disclosure of private matters-the public at large, or to so manypersons that it may be regarded as public knowledge.iii.false light1.Definition: one publishes false material designed to make a person look bad.2.Relationship with defamationNot necessary be a defamatory one, although it very often is.3.Difference between it and disclosure of private matters1.Disclosure-truth false light-lie2.Disclosure-involves one’s private or secret mattersfalse light-invent the matter disclosed4.Elements: (4)publicity to false informationwith actual malicehighly offensive to a reasonable persondamageiv.Appropriation1.Definition:a person’s name, picture, or other likeness is used for commercialadvantage without the person’s consent.2.Elements:(2)Unauthorizeduse of name, picture, or other likenesswithout consent orpermission,not incidentallyfor the defendant’s benefit ,not so much as a proprietary onenot accidentally mentioned the name in the newspaper or advertisement or accidentally show up in a photo or newsv.Defenses1.Consent2.Privileges: absolute and qualified privilegesTruth, inadvertence, good faith, and lack of malice are not good defenses.Case 23 Carl H. Hamberger v. Clifford C. EastmanProcedural history:Carl H. Hamberger brought companion suits for invasion of their privacy against Clifford C. Eastman. The defendant moved to dismiss the cases, the trial court reversed and transferred the cases to the Supreme Court without ruling.Facts:Appellants rented a dwelling house to the appellee. However, the appellee, wholly without the knowledge and maliciously installed and concealed a listening and recording device in their dwelling house. What’s more, the device was concealed in an area adjacent to the bed occupied by the appellant.Issue:Whether the action by Clifford C. Eastman constitutes an invasion to privacy?Holding:YesReasons:The tort of intrusion upon P’s solitude or seclusion is not limited to a physical invasion of his home or his room or his quarters, the principle has been extended to eavesdropping upon private conversations by means of wire tapping and microphines.Liability exists only if the defen dant’s conduct was such that he should have realized that it would be offensive to persons of ordinary sensibilities. It is only where the intrusion has gone beyond the limits of decency.The tort of intrusion upon seclusion does not require publicity and communication to third persons.Judgment:The motion to dismiss should be denied.Remanded.Case 24 Toniann Diaz v. Oakland Tribune, IncProcedural history:。

英美行政法的比较概念（一）英国行政法的概念n 英国大部分学者在很长时间内对行政法存在一个错误的观念，他们认为：英国没有行政法，行政法是行政法院受理行政诉讼、适用特别法保护管理特权的制度。

这种制度不符合英国的法治原则，不允许官吏的特权存在在；所以英国没有行政法，也不需要行政法。

这种对法国行政法院和行政诉讼的认识是错误的。

n 产生这种误解的原因是由于英国属于英美法系国家，没有公法与私法的严格区分，公民和政府之间的关系以及公民相互之间的关系，适用的法律和管辖的法院相同。

事实上，行政诉讼只是行政法的一部分，而且法国行政法院从18世纪末成立以来，逐渐演变，到19世纪末期已成为公民权利的有力保障。

正是由于这个缘故，在英国的传统法学中，行政法不是一个单独的部门，也没有明确的行政法概念。

n 随着行政机关权力的扩张，英国年轻一代的学者对支配行政活动的法律的认识加深，其中代表性的如英国行政法权威学者韦德（Sir William Wade）从实质和内容两个角度对行政法予以明确界定：n1.从实质角度出发，行政法是“控制政府权力的法律”，又叫“控权法”；n 2.从内容角度出发，行政法是“调整行政机关行使权力和履行职责的基本原则的总称”。

n（二）美国行政法的概念 n 当代美国，有关行政法的概念有狭义与广义两种。

n1.狭义的行政法概念 n 狭义的行政法概念认为行政法是关于行政活动的程序的法律，不包括实体法。

n 狭义的行政法概念是从实际的观点和保护公民权利的角度来说明行政法的意义和作用。

因为行政机关对公民权利的侵害主要发生在法律的执行当中，而法律的执行本质上是个程序问题。

所以，认为行政法是行政活动的程序的法律，便于提高行政效率和保护公民的权利。

n2.广义的行政法概念 n 行政法是关于公共行政的法律，包括行政程序法和行政实体法，内部行政法和外部行政法。

这就是广义的行政法概念。

广义的行政法概念是从全面的观点来说明行政法，符合行政法的实际情况和需要。

谈中英法律文化差异对法律术语的影响及翻译对策中英法律文化差异对法律术语的影响及翻译对策论文导读：本论文是一篇关于中英法律文化差异对法律术语的影响及翻译对策的优秀论文范文,对正在写有关于法律论文的写有一定的参考和指导作用, ：翻译不仅是一项语言活动，还是一项跨文化的交际活动。

不同文化背景下的法律术语的翻译不可避开地受到文化差异的影响。

本文对中西法律文化差异对法律术语的影响对作了简分析，并提出了英汉法律术语的翻译策略。

关键词：法律文化差异法律术语翻译策略一、文化与法律文化英国文化人类学家爱德华.泰勒曾把文化表述为"文化包括知识、信仰、艺术、法律、风俗以及其作为社会上洗的的能力与习惯。

"[1]法律文化是人类文化的组成部分之一，是一种根据职业划分的次文化，是使用法律语言作为表达方式的群体所特有的方式和现象。

法律深植于文化之中，必须有文化的支持才具有强大的生命力。

每个民族都有自己的文化, "文化具有特性"[2]，因此不同的民族文化存在差异，法律文化同样如此。

二、中英法律文化差异及对法律术语翻译的影响根据The Random House Dictionary of English Language 中的解释，文化差异指被表述的事物、概念、行为等在不同文化中所指的含义不同。

语言与文化密不可分，语言是文化的载体。

廖七一认为"语言是文化最根本的统一，具有储存、描述、表达和传播文化信息的功能。

"[3] 因此，文化差异与语言差异之间存在着互为映照的关系，认识文化差异是中英法律文化差异对法律术语的影响及翻译对策由专注毕业论文与职称论文的.zglissoire (如不履行即使合同失效的条约)、court en banc (全体合议庭)等。

拉丁语词汇如de facto fort(事实上的侵权行为)、ratio dicidendi（判决理由）、proviso( 限制性条款)等。