法律翻譯

瀏覽次數：209095     時間：2017-11-17

How we define law depends on how we look at its purposes or functions. A basic purpose of law in our society is to maintain order and to resolve disputes. In this connection we must bear in mind that law is not simply a set of rules of conduct. It is also the means to impose responsibility and to enforce social justice. Law has also been defined as a command from a superior to an inferior. The tax law fits in well with this concept of law.

對法律的定義取決於我們如何理解它的目的或作用。法律在我們社會中的壹個基本作用就是維持秩序，解決爭端。從這個意義上講，我們必須牢記：法律不僅僅是壹系列的行為準則，更是強調責任和保證社會公正的途徑。法律也可以定義為上級對夏季的命令，稅法就是這樣壹種法律。

Laws can be classified in many ways too. Laws are sometimes referred to as substantive or procedural. Substantive law defines rights, and procedural law establishes the procedures by which rights are protected and enforced.

法律有多種分類。法律可以分為實體法和程序法。實體法規定了公民的權利，而程序法則規定了保護和享有這些權利的各項程序。

Law is also frequently classified into areas of public and private law. Public law includes laws that affect the public generally. It can be further divided into constitutional law, administrative law and criminal law. Private law deals with the relationships between individuals in an organized society. It covers contracts, torts and property, each of which can be subdivided into several aspects.

法律也經常分為公法和私法。公法包括涉及公眾的各項法律，公法可以細分為憲法，行政法和刑法。私法涉及有組織的社會中個人之見的關系，具體包括合同法，侵權法和財產法，這三方面又可以細分出許多分支。

The phrase "sources of law" is used here to describe methods and procedures by which law is created and developed. American law comes from four basic sources: constitutions, legislation, judicial decisions, and administrative rules and regulations.

“法律溯源”這個短語經常用來描述立法和完善法律體系的各種方法和程序。美國的法律有四個溯源：憲法，國會立法，司法決定和行政法律法規。

Judicial decisions as part of law is a unique characteristic of American law. This concept of decided cases as a source of law is often referred to as the common law system, which must be contrasted with the civil law system developed in continental Europe. The civil law countries have codified their law so that the main source of law in those countries is to be found in the statutes rather than in the cases. Under the common law system, statutes as well as cases are sources of law.

英國和美國法律的壹個獨特特征是把司法決定華為法律範疇。英美法系，有別於歐洲的大陸法系，把已判決的案例作為法的壹個淵源、使用大陸法系的國家中，主要的法律淵源來自法典中的條文，各種案例並不能成為法律依據。然而在英美法系中，法律條文和已定案例都可以作為法律淵源。