11月 072008
 

Law Like Love

By W. H. Auden (1907–1973)

Law, say the gardeners, is the sun,
Law is the one
All gardeners obey
To-morrow, yesterday, to-day.

Law is the wisdom of the old,
The impotent grandfathers feebly scold;
The grandchildren put out a treble tongue,
Law is the senses of the young.

Law, says the priest with a priestly look,
Expounding to an unpriestly people,
Law is the words in my priestly book,
Law is my pulpit and my steeple.

Law, says the judge as he looks down his nose,
Speaking clearly and most severely,
Law is as I’ve told you before,
Law is as you know I suppose,
Law is but let me explain it once more,
Law is The Law.

Yet law-abiding scholars write:
Law is neither wrong nor right,
Law is only crimes
Punished by places and by times,
Law is the clothes men wear
Anytime, anywhere,
Law is Good morning and Good night.

Others say, Law is our Fate;
Others say, Law is our State;
Others say, others say
Law is no more,
Law has gone away.

And always the loud angry crowd,
Very angry and very loud,
Law is We,
And always the soft idiot softly Me.

If we, dear, know we know no more
Than they about the Law,
If I no more than you
Know what we should and should not do
Except that all agree
Gladly or miserably
That the Law is
And that all know this
If therefore thinking it absurd
To identify Law with some other word,
Unlike so many men
I cannot say Law is again,

No more than they can we suppress
The universal wish to guess
Or slip out of our own position
Into an unconcerned condition.
Although I can at least confine
Your vanity and mine
To stating timidly
A timid similarity,
We shall boast anyway:
Like love I say.

Like love we don’t know where or why,
Like love we can’t compel or fly,
Like love we often weep,
Like love we seldom keep.

想看翻译?猛点这里

6月 302008
 

法律人的语言往往是晦涩难懂,充满了专业术语。其实话说回来每个专业都一样,都有自己的一套术语,所谓术业有专通,隔行如隔山,彼此不了解对方的术语是很正常的。而法律人尤其是律师恰恰又是一个要依靠说话张嘴的职业,所以我们更多的会从法律人那里听到不知所云的语言,诸如紧急避险,除斥期间,间接正犯之类。

对于法律英语,也是一个道理,基本上就是不同于英语的另外一种语言。

1,Oyez

美国最高法院开庭前,总要连喊三遍Oyez(/ˈɔjeɪ/),叫大家注意并保持肃静,做为开庭前法官入席的一个仪式。Oyez起源于法语ouïr,在诺曼公爵征服英国后被做为法庭法语引进英国,意思是“注意听”或“你们听”。美国最高法院开庭前,总是要来这么一段,这里有个标准样本,有兴趣的话可以听听,听上去就像念经一样,充满了宗教的仪式感。

Oyez! Oyez! Oyez! All persons having business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention, for the Court is now sitting. God save the United States and this Honorable Court!

只是有一点,Oyez听上去很象Oh~Yeah~

2,May it please the court

在美国法院,尤其是高级的法院,律师在陈述前一般都会来这么一句May it please the court…,意思是“庭上,请允许我……”以显示对于法庭的尊敬,在美国最高法院媒体库里,几乎每个案子的律师都会来这么一句开场。

3,Your Honour

Your honour原意是“阁下”“大人”的意思,更多的是我们听见律师们在法庭上对于法官的尊称,即“尊敬的法官大人”。而对于在平时,更多的是直接称呼为Judge,在老美的各种法庭剧中,最常听见的一句就是律师高喊Objection, your honour了。在英国,在法庭上称呼法官则是My Lord。

至于英美的“你的”“我的”这个差异,有人这么解释:传统皇室贵族式有特权和封地的,Lord 本身就已经有君主的意思。称呼对方my Lord是有他也是自己的君主的含义,也是自谦的表现。 Honor是一些公仆的尊称,这些人没有特权只有很高的职权。Your Honor是表示对方是很honorable(受尊敬的)。所以,不能说是my honor, my honor意思是我很荣幸。

6月 202008
 

我说过,当我没啥可写或者不想写的时候,要么总结饭否,要么贴英文,现在到了贴English的日子了,贴几段优美英文,与诸位分享。这种文章,英文读来优美无比,翻译了反而会失去味道。

We have bigger houses and smaller families; more conveniences, but less time; we have more degrees, but less common sense; more knowledge, but less judgement; more experts, but more problems; more medicine, but less wellness.

We spend too recklessly, laugh too little, drive too fast, get to angry too quickly, stay up too late, get up too tired, read too little, watch TV too often, and pray too seldom.

We have multiplied our possessions, but reduced our values. We talk too much, love too little and lie too often. We’ve learned how to make a living, but not a life; we’ve added years to life, not life to years.

We have taller buildings, but shorter tempers; wider freeways, but narrower viewpoints. We spend more, but have less; we buy more, but enjoy it less.

We’ve been all the way to the moon and back, but have trouble crossing the street to meet the new neighbor. We’ve conquered outer space, but not inner space. We’ve split the atom, but not our prejudice; we write more, but learn less; plan more, but accomplish less.

We’ve learned to rush, but not to wait; we have higher incomes, but lower morals. We build more computers to hold more information, to produce more copies, but have less communication. We are long on quantity, but short on quality.

These are the times of fast foods and slow digestion; tall men and short character; steep profits and shallow relationships. More leisure and less fun; more kinds of food, but less nutrition; two incomes, but more divorce; fancier houses, but broken homes.

其实这段文字老早就读过,当时即感回味无穷,现在揣摩更是别有风味,对于这种文章,背过这些或许更好一些吧^^,只是我好久没有背东西了,汗颜啊……赶快结束糜烂的生活吧……

4月 302008
 

好久没贴一段E文了,今日从鼎鼎大名的美国《独立宣言》中节选了第二段出来,句句经典,也是其中我最喜欢的一段,虽然这么贴有割裂全文的感觉,但我不想令篇幅过长,将就看了,同样不予翻译和分析。

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just Powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new guards for their future security — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. — The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let facts be submitted to a candid world.

宣言的技巧在于解释

1月 242008
 

1,red tape,红色带子,繁文缛节。以前的英国官方文件惯例上是用红色布带系成一扎一扎的,red tape的比喻由此而来。

2,pink slip,粉色小纸片,也就是解聘通知书。使用粉色一方面是为了避免和其他的资料混在一起,以免员工因疏忽没看到通知;另一方面也许是因为粉红色相对比较柔和,可能会对被解雇员工“受伤的心灵”产生一点慰藉作用。

3,green card,绿卡。 绿卡这个词起源于美国,因为最早美国的永久居留许可证是一张绿色的卡片,随着设计的变化已经更新了19个版本,现在它已经是一张白色有黄绿色花纹的塑料卡片,但是绿卡这个名称一直被保留了下来。其他国家沿用美国的说法,也会将本国的永久居留许可证俗称为绿卡。

4,blackmail,黑信,敲诈勒索。blackmail这个词流行于18世纪的苏格兰农民中,如果农民不叫税(mail,rent的老式说法),当地首领就会盗走农民的家畜或农作物,这被认为是邪恶的,“黑”的。

5,yellow page,黄页。仅仅因为当时白纸用完了,用黄色的纸印了电话目录,后来被发扬光大了,仅此而已。

6,blueprint,蓝图。用“蓝晒机”制作成工程图副本,颜色都是蓝色,人们就依此而称呼设想、设计都是”蓝图”。

在考研期间想到看到 pink slip而联想到其它单词,觉得挺好玩就稍加总结,记了下来,又从wiki,百度,雅虎上面找了点解释加到后面,就是这样。