摘要:Contract is a legal binding agreement whose abeyance and breach of contracts concern the legal responsibility of the two parties. Thus the translators are expected to produce parallel text identical with the source text in meaning and more importantly in legal effects.
descendants, basis, table, declaration, register, state and part hectare examples in some aspect, while alias, amicus, curiae, noble poseur, res judicator keeps the original outlook. To show your proficiency in legal terms in Latin, the following legal idioms still in use may be a proof for you,
Example I
Accessories non ducit, sed sequitur, suum principale .
Chinese version: 从物不吸收主物而从属于主物。
Example II
Caveat viator. Chinese version: 旅客其自慎之。
Example III
Falsa orthographis, sive falsa grammatical, non vitiat concessionem.
Chinese version: 拼写或语法错误并不使授权无效。
3.1.5 French Words
Another important source of the English legal vocabulary is French as the consequences of Normandy Conquest in 11th Century A.D. Malakoff(1963:15) reports Pollock and Maitland’s list of French words basic to the legal vocabulary which can also be found in other areas of English:
Action, agreement, assault, attorney, bill, condition, constables, contract, court, crime, damage, debt, declaration, defendant, devise, evidence, felony, grant, guarantee, guardian, heir, indictment, judges, judgement, justice, marriage, note, obligation, pardon, party, partner, plaintiff, pleadings, police, property, purchase, robbery, sentence, servant,suit, tort, verdict.
Except prepositions and articles which are kept from ancient English, frequently used words like proposal, effect, society, assurance, insure, schedule, duly, sign, form, agree, policy, subject, rule, form, term, conditions, date, entrance and accept etc. originate from French. Besides these Anglicized ancient French, words from legal French like estoppels, fee, simple and quash etc. remain the same as the original. However, Sarcevic,S.(1989) claimed in International Journal of Lexicography, that legal concepts are bound to be a particular national legal system and culture. French legal systems differ from Islamic law or from English law, so terms are not easily translated. For example, the French word dettes refers to both paid or unpaid debts, quite different from English debts.
3.1.6 Modal auxiliaries
As most texts of international business are on the spot records of a certain fact, on the one hand, the modal auxiliaries of ‘shall’ and “may” are frequently used to indicate obligations and rights, especially in formal writings such as business contracts letters of credit legal provisions
The modal auxiliary of “shall” is traditionally adopted to express the force of a requirement that the addressee is subjected to. The modal auxiliary of “may” used in formal writings usually indicates a certain power, benefit, right or privilege that the party or parties involved has/have to enjoy.
Frederick Bowers (1989:30-31) classifies the illusionary forces of legislative provisions into:
(1)Imperative language—“shall" imposes an obligation to do an act
(2)Facultative language—“may" confers a right, privilege or power
(3)Prohibitive language—“shall not" imposes an obligation to abstain from doing an act
According to Bowers (1989), "shall", "may" and "shall not" are the most common legal performative verbs and act with the illocutionary forces of obligation ("shall"), permission ("may") and prohibition ("shall not").
(1) Obligation: &q
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