法律英语简明化之反思
发布时间：2019-06-05 21:49
【摘要】： 长期以来,法律人都以其能够精通法律英语这样一门专业性语言而倍感自豪。然而,对于众多非法律人而言,法律英语通常显得有些晦涩难懂。从大众的理解能力出发,要求法律英语简明易懂的呼声从未间断。事实上,在以英语为母语的国家中,很早就掀起了一场“简明英语运动”。此项运动对英语这门语言产生了深远的影响,当然,法律英语也包含在其中。在“简明英语运动”的影响下,法律英语尽管难以像日常英语那样简单易懂,其可读性已经有了很大的改进。 目前,已经出现了一些有关“法律英语简明化”方面的研究探讨,但大多是基于宏观层面的理论性研究。从此种意义上讲,基于经验主义之上的微观研究同样很有价值,且研究前景广阔。 文章开篇,本文作者介绍了法律英语的语言特征及其形成这些特征的历史原因,继之进一步对简明英语运动以及简明法律英语运动做了陈述。此外,本文以一种客观的角度审视了针对法律英语简明化所出现的新旧两种批判性理论。通过以上探讨,本文作者进一步阐明法律英语中“简洁性”与“精确性”两者和谐共存的必要性。 一系列宏观理论探讨之后,本文进一步转向基于经验主义之上的微观研究。以法律英语的具体文本类型及其所面向的不同读者为出发点,本文对法律英语简明化进行了具体深入的探讨,并据此做出深刻的反思,以期对人们在此领域所做的进一步研究有所裨益。 本文选取了三种法律文本——立法文本,商业消费文件和陪审团指令,通过分别对其使用简明化语言的合理度进行具体详尽的分析,阐明了法律英语简明化运动取得的成就及其所显现的弊端。简明语言的运用在立法文本中表现出很大的局限性,准确且易懂的阐释性文本才是提高立法文本可读性的真正途径。相比之下,简明语言则更适用于商业消费文件和陪审团指令,且获益匪浅。总之,对于简明法律语言在不同法律文本中的运用,我们应当做到量体裁衣。
[Abstract]:For a long time, legal people are proud to be proficient in legal English, a professional language. However, for many non-legal people, legal English is usually somewhat obscure. From the point of view of the ability of public understanding, the call for the simplicity and comprehensiveness of legal English has never stopped. In fact, in native English-speaking countries, there has been a concise English movement for a long time. This movement has had a profound impact on the language of English, of course, legal English is also included in it. Under the influence of Concise English Movement, although legal English is difficult to understand as simple as daily English, its readability has been greatly improved. At present, there have been some studies on the simplification of legal English, but most of them are based on the macro level of theoretical research. In this sense, the microscopic research based on empiricism is also valuable, and the research prospect is broad. At the beginning of the article, the author introduces the linguistic features of legal English and the historical reasons for their formation, and then makes further statements on the concise English movement and the concise legal English movement. In addition, this paper examines the new and old critical theories for the simplification of legal English from an objective point of view. Through the above discussion, the author further expounds the necessity of harmonious coexistence of "simplicity" and "accuracy" in legal English. After a series of macro theory discussion, this paper further turns to the micro research based on empiricism. Taking the specific text types of legal English and the different readers they face as the starting point, this paper makes a concrete and in-depth discussion on the simplification of legal English, and makes a profound reflection on it. In order to benefit people's further research in this field. This paper selects three kinds of legal texts-legislative texts, commercial consumption documents and jury instructions, and makes a concrete and detailed analysis of the reasonableness of using simplified language. This paper expounds the achievements and disadvantages of the simplification movement of legal English. The use of concise language shows great limitations in legislative texts. Accurate and understandable explanatory texts are the real way to improve the readability of legislative texts. Concise language, by contrast, is more suitable for commercial consumer documents and jury orders and benefits a lot. In a word, we should tailor our clothes for the use of concise legal language in different legal texts.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D90-055
本文编号：2493847
[Abstract]:For a long time, legal people are proud to be proficient in legal English, a professional language. However, for many non-legal people, legal English is usually somewhat obscure. From the point of view of the ability of public understanding, the call for the simplicity and comprehensiveness of legal English has never stopped. In fact, in native English-speaking countries, there has been a concise English movement for a long time. This movement has had a profound impact on the language of English, of course, legal English is also included in it. Under the influence of Concise English Movement, although legal English is difficult to understand as simple as daily English, its readability has been greatly improved. At present, there have been some studies on the simplification of legal English, but most of them are based on the macro level of theoretical research. In this sense, the microscopic research based on empiricism is also valuable, and the research prospect is broad. At the beginning of the article, the author introduces the linguistic features of legal English and the historical reasons for their formation, and then makes further statements on the concise English movement and the concise legal English movement. In addition, this paper examines the new and old critical theories for the simplification of legal English from an objective point of view. Through the above discussion, the author further expounds the necessity of harmonious coexistence of "simplicity" and "accuracy" in legal English. After a series of macro theory discussion, this paper further turns to the micro research based on empiricism. Taking the specific text types of legal English and the different readers they face as the starting point, this paper makes a concrete and in-depth discussion on the simplification of legal English, and makes a profound reflection on it. In order to benefit people's further research in this field. This paper selects three kinds of legal texts-legislative texts, commercial consumption documents and jury instructions, and makes a concrete and detailed analysis of the reasonableness of using simplified language. This paper expounds the achievements and disadvantages of the simplification movement of legal English. The use of concise language shows great limitations in legislative texts. Accurate and understandable explanatory texts are the real way to improve the readability of legislative texts. Concise language, by contrast, is more suitable for commercial consumer documents and jury orders and benefits a lot. In a word, we should tailor our clothes for the use of concise legal language in different legal texts.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D90-055
【参考文献】
相关期刊论文 前1条
1 季益广;法律英语的文体特点及英译技巧[J];中国科技翻译;1999年04期
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