Text 1 What Is Law
actual eviction 实际驱逐(承租人)constructive eviction 推定驱逐(所有权人通过非法定的手段逐出房客)
evict 驱逐
evict or sue for rent 驱逐承租人或提起请求支付租金的诉讼
eviction 驱逐
dealing in marijuana, hash oil, or hashish 经营大麻、大麻油、大麻麻醉剂罪
possession of marijuana, hash oil, or hashish 占有大麻、大麻油、大麻麻醉剂罪
behavioral jurisprudence 行为法学
jurisprudence 法学
natural jurisprudence 自然法学
positivist jurisprudence 实在主义法学
pragmatice jurisprudence 实用法学
admonition 训诫
justifying bail 适当保释金
peaceful picketing justifying damage award under state law against union 根据州法可以就工会和平纠察获得赔偿
apply to people's court for enforcement 申请人民法院执行
arbitrary enforcement 强制执行
Arbitration under Railway Labor Act to enforce collective agreements 通过铁路劳动法中的仲裁执行集体协议
assault on a law enforcement officer 袭击执法人员
assault on a law enforcement officer 意图伤害执法人员
pretentious adj. 自命不凡的
inter-temporal international law 时际国际法
intertemporal conflict of laws 时际法律冲突
intertemporal private law 时际私法
Lords Temporal 世俗贵族
temporalis 临时的
legitimacy classifications 合法性分类
legitimacy declaration 婚生宣告
legitimacy of evidence 证据的法律性
presumption of legitimacy 婚生推定
presumption of legitimacy 推定婚生
coercion 强迫服从
coercion of witness 威胁证人
conduct constituting threats or coercion 构成威胁或强迫的行为
duress and coercion 威胁强迫
economic coercion and inducement by employer 雇主(使用)经济强迫和引诱手段
bill of conformity 要求清理遗产的诉状
handle cases in conformity with legal provisions 依法办案
avenge: v. 为...报复,报仇
conduct monetary policy; formulate and implement monetary policy 制定和实施货币政策
implement 实施
implemented accordingly 希各查照
implementing measures 实施办法
implementing rules 实施细则
plea of nolo contendere 无抗辩
buyer's knowing inducement or receipt of favorable price 买方知晓引诱或接受优惠价格
consent induced by fraud 采取欺诈的方式获得的同意
drug-induced mental disorder 药源性精神障碍
economic coercion and inducement by employer 雇主(使用)经济强迫和引诱手段
fraud in the inducement 诱因欺诈
abstract administrative act 抽象行政行为
administrative act in violation of law 违法行政行为
administrative action 行政行为
administrative adjudication 行政审判
administrative adjustment request [AAR] 管理调整要求
actual conflict between two clients in litigation 诉讼两委托人间的实际冲突
civil litigation 民事诉讼
co-parties in civil litigation 民事共同一方当事人
corporation's litigation expenses 公司诉讼费用
crime of a defender or legal representative in litigation hampering evidence 辩护人、诉讼代理人毁灭证据、伪造证据、妨害作证罪
adjudication 法庭的裁决
adjudication of petition 申请的审理
administrative adjudication 行政审判
crime of misuse of law in civil or administrative adjudication 民事、行政枉法裁判罪
direct adjudication without sessions judgment without notice 径行判决
accessory penalties 附加刑
accumulated earnings penalty tax 累计盈余税款滞纳罚金
accuracy-related penalty 与准确相关的罚款
additional property penalties 附加财产刑
administrative decision imposing a penalty by local tax authority 税收行政处罚
compensatory (contract) damages 实际损害赔偿
compensatory damages 补偿性损害赔偿
compensatory payment 补偿报酬(费)
therapeutic
adj.
治疗的, 治疗学的
n.
治疗剂, 治疗学家
conciliatory
adj.
抚慰的, 调和的
action for restitution 退返原物诉讼
action for the restitution of the conjugal community 恢复夫妻同居诉讼
advantages over restitution at law 返还法的优势
claim for restitution of advance payments 退返垫付款项的请求权
compel restitution 强制返还
absconding debtor 逃逸债务人
account debtor 债务人
acknowledgement by debtor of debt 债务人承认债务
affidavit of default on the part of the judgment debtor 判定债务人没有付款的宣誓证书
any other party jointly and severally liable with the debtor 与债务人连带负责人
action by creditors 债权人诉讼
advertisement for creditor 债权人通知
any transferable future interest is reachable by creditors 任何可转让的将来财产权是可被债权人追索的
assignment for benefit of creditors 为债权人利益而转让
assignment to creditors 债权转让
accusatory proceedings 控告式诉讼
material designed for deviant group 专为偏常群体提供的书刊
administrative sanction 行政处分
administrative sanction decision of wine monopoly 酒类专卖行政处理决定
administrative sanctions in medical malpractice cases 医疗责任事故行政处分
automatic sanction 自动处罚
criminal sanctions 刑事处分
Text 1 What Is Law
In everyday speech, the term law conjures up a variety of images. For some, law may mean getting a parking ticket, not being able to get a beer legally if under age, or complaining about the local “pooper-scooper” ordinance. For others, law is paying income tax, being evicted , or going to prison for growing marijuana. For still others, law is concerned with what legislators enact or judges declare. Law means all of the above and more. Even among scholars, there is no agreement on the term. The purpose here is to introduce some of the classic and contemporary conceptualizations of law to illustrate the diverse ways of defining it.
The question “what is law?” haunts legal thought, and probably more scholarship has gone into defining and explaining the concept of law than into any other concept still in use in sociology and jurisprudence. Comprehensive reviews of the law literature by some scholars indicate that there are almost as many definitions lf law as there are theorists. Hoebel (1954:18) comments that “to seek a definition of the legal is like the quest for the holy grail.” He cites Max Radin’s warning: “Those of us who have learned humility have given over the attempt to define law.” In spite of these warnings, law can be defined. In any definition of law, however, we must keep Julius Stone’s admonition in mind that “law is necessarily an abstract term, and the definer is free to choose a level of abstraction; but by the same token, in these as in other choices, the choice must be such as to make sense and be significant in terms of the experience and present interest of those who are addressed.” 未完,待续! :meigui: 期待中...... In our illustrative review of diverse conceptualizations of law, let us first turn to two great American jurists, Cardozo and Holmes. Cardozo define law as “a principle or rule of conduct so established as to justify a prediction with reasonable certainty that it will be enforced by the courts if its authority is challenged.” Holmes declares that “the prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law.” For Holmes, judges make the law on the basis of past experience. In both of these definitions, the courts play an important role. These are pragmatic to law as revealed by court-rendered decisions. Although implicit in these definitions is the notion of courts being backed by the authoritative force of a political state, these definitions of law seem to have a temporal character: What is the law is at this time?
From a sociological perspective, one of the most influential conceptualizations of law is that of Max Weber. Starting with the idea of an order characterized by legitimacy, he suggests: “An order will be called law if it is externally guaranteed by the probability that coercion (physical or psychological), to bring about conformity or avenge violation, will be applied by a staff of people holding themselves specially ready for that purpose”. Weber argues that law has three basic features that, taken together, distinguish it from other normative orders, such as custom or convention. First, pressures to comply with the law must come externally in the form of actions of threats of action by others regardless of whether a person wants to obey the law of dose so out of habit. Second, these external actions or threats always involve coercion or force. Third, those who implement the coercive threats are individuals whose official role is to enforce the law. Weber refers to “state” law when the persons who are charged to enforce the law are part of an agency of political authority.
Weber contends that customs and conventions can be distinguished from law because they do not entail one or more of these features. Customs are rules of conduct in defined situations that are of relatively long duration and are generally observed without deliberation and “without thinking”. Customary rules of conduct are called usages, and there is no sense of duty or obligation to follow them. Conventions, by contrast, are rules for conduct, and they involve a sense of duty and obligation. Pressures, which usually include expressions of disapproval, are exerted on individuals who do not conform to conventions. Weber point out that unlike law, a conventional order “lacks specialized personnel for the implementation of coercive power”.
支持！！
我自己买了这套书，但太多的单词要查，都学不下去了。这下好了，跟楼主一起学习:lol :lol :victory:强烈支持！！:victory: :victory: law is a way of thinking 怎么上传资料阿？
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