以往的法律英语翻译教学往往以术语解释和句子翻译练习为主，未能站在文本的高度俯瞰法律翻译的全过程，对文本在词汇、句法、语篇等层面的特征进行考量。本研究以法律文本Deed of Covenants and Guarantee为例，立足于对原文本的分析...以往的法律英语翻译教学往往以术语解释和句子翻译练习为主，未能站在文本的高度俯瞰法律翻译的全过程，对文本在词汇、句法、语篇等层面的特征进行考量。本研究以法律文本Deed of Covenants and Guarantee为例，立足于对原文本的分析，析出该法律文本的8类词汇特征，10类句法特征，以及4类语篇特征，旨在说明：法律翻译是理解与表这的过程，而实践中面对的翻译对象往往是文本，因而理解文本，析出文本各个层面的表现特征，就成为法律翻译的第一步。展开更多
The text of Exod 24:1-11 contains a two-fold ritual ratification of the covenant(Hebrew ber??,Greek diathēkē),the stipulations of which were given at Mount Sinai(cf.Exod 20:1-17).This ratification is studied here in...The text of Exod 24:1-11 contains a two-fold ritual ratification of the covenant(Hebrew ber??,Greek diathēkē),the stipulations of which were given at Mount Sinai(cf.Exod 20:1-17).This ratification is studied here in the context of the African-Igbo1 cultural concept of Igba-ndu(covenant,which literally means joining lives together).The main focus of the study is to discover the implications that such covenant ideas have towards fostering world peace.The two ratification acts in the text involve a blood ritual and a ritual meal,both of which are not foreign to the African-Igbo concept of Igba-ndu(covenant).In both the Old Testament(OT)understanding of covenant and the African-Igbo concept of it,there is a special relationship established when two persons or two parties enter into it;the persons are now inseparably bonded together.Thus,the ratified Sinai covenant united the ancient people of Israel with God,making them qāhāl,i.e.,the assembly or the congregation of God’s people.The implication of the union is that God would be protecting them,and they would be obedient to God.In African-Igbo cultural milieu,when two parties are united through a covenant,it is believed that they cannot harm each other without incurring the retributive or boomerang justice known in Igbo language as Ibenne(literally blood-link,as of siblings of the same mother).In other words,since the same blood now flows in both parties,when one decides to harm the other,he/she invariable harms himself or herself.It is this aspect of the African-Igbo concept of covenant that is relevant for world peace when it is cross-examined with the extended aspect of the OT/Sinai covenant.This extension is found in Jer 31:31-33 in which God says that there would be a new covenant since the Israelites were not faithful to the stipulations of the Sinai covenant.This promised new covenant was eventually made effective in the person of Jesus Christ who,while establishing the Eucharistic sacrament at the Last Supper,announced:“This is a new covenant in my blood”(Luke 22:20;1 Cor 11:25).He was referring ultimately to his sacrificial death for humanity(cf.Heb 9:11-28).So this new covenant is more embracive than the OT Sinai covenant which involved only the ancient people of Israel.The new covenant is for the whole world,hence Jesus told his disciples to“make disciples of all nations”(cf.Matt 28:18-20).In other words,through Christ,the whole world has been made the new community,assembly,or family of God.Viewed from African-Igbo idea of covenant as joining lives together,the whole world has been brought into mutual blood relationship through Christ,such that anybody deciding to harm his/her neighbour is ipso facto deciding to harm himself/herself.This idea will help make every human being regard his/her neighbour as a brother or a sister in the extended or large family of God.展开更多
This paper develops a model where two lenders to subprime borrowers compete with the interest rates charged and the severity of loan covenants. The model has a stable equilibrium, which demonstrates how an increase in...This paper develops a model where two lenders to subprime borrowers compete with the interest rates charged and the severity of loan covenants. The model has a stable equilibrium, which demonstrates how an increase in the number of borrowers or an increase in the cost of meeting covenants will reduce the severity of the covenants required by lenders, and each of these changes will increase the difference in the severity of the loan covenant levels. An increase in the expected losses to the lender from relaxing covenants will increase the severity of loan covenants, and this will also make the levels of severity more dispersed. Additional analysis demonstrates how exogenous shifts affect the interest rates charged by the lenders and their profits展开更多
The International Covenant on Civil and Political Rights reflects the world’s perception of human rights, and is of vital importance in the field of international human rights. The Covenant has been signed by Chinese...The International Covenant on Civil and Political Rights reflects the world’s perception of human rights, and is of vital importance in the field of international human rights. The Covenant has been signed by Chinese government. Although not ratified yet, it will definitely have an impact on the reform of China’s Criminal Law. Therefore, it is necessary to further change our notion of the criminal law system by defining the boundary between public power and civil rights and developing the view of human rights protection. In terms of the specific system, it is necessary to further reduce the number of crimes punishable by the death penalty and limit the application of the death sentence, improve China’s Criminal Procedural Law to protect the fundamental rights of suspects and defendants in terms of compulsory measures, investigation means and judicial form, and add some charges like enslavement and illegal human experimentation, which are criminalized around the world, so as to be in line with the requirements of international human rights protection.展开更多
The optional Protocol to the international covenant on economic, Social and cultural Right was adopted in 2008 and entered into force in 2013? During the five years after its entry into force, 23 States have ratified ...The optional Protocol to the international covenant on economic, Social and cultural Right was adopted in 2008 and entered into force in 2013? During the five years after its entry into force, 23 States have ratified the optional Protocol, and 23 individual communications have been submitted to the committee on economic,Social and cultural Rights? comparing with the acceptance of individual communication procedures under other core international human rights treaties, the record of ratification of the optional Protocol is not satisfactory? in its examination of individual communications,the committee on economic, Social and cultural Rights has made detailed reasoning, extensively referred to its previous general comments, and in case of violations found, suggested both specific and general remedies? in its practice of examining individual communications, the committee on economic, Social and cultural Rights needs to clarify and define the rights under the covenant and their corresponding obligations, while maintaining its nature and role as a supervisory body, without expanding its competence to an unacceptable extent?展开更多
From the perspective of international human rights covenants,the family is the group unit for human life and the fundamental unit of society.Family life is the basic lifestyle of human beings.It is the right,by birth,...From the perspective of international human rights covenants,the family is the group unit for human life and the fundamental unit of society.Family life is the basic lifestyle of human beings.It is the right,by birth,of the individual to enjoy a normal life within the family.The survival and healthy development of children are inseparable from the family,and living with their parents or other family members is fundamental to guaranteeing the survival and growth of the children and realizing their value of life.Children’s right to family life is an important human right that has connotations fundamental to their lives,and should be safeguarded by both the law and Constitution.展开更多
There has been much discussion in the recent decade on the universality or particularity or relativism or on the relations between the universal values and standard systems and cultural diversity or pluralism. But mos...There has been much discussion in the recent decade on the universality or particularity or relativism or on the relations between the universal values and standard systems and cultural diversity or pluralism. But most of the discussions are concentrated on the abstract or conceptual terms, with few touching upon international human fights standards. This is strange, because the disputes will never end and it is impossible to arrive at any conclusions of value if discussions only focus on the different concepts and systems of different countries or civilizations instead of on what has been universally accepted or at least on the international human rights treaties and the customary international human rights laws that are binding to the great number of state parties.展开更多
文摘以往的法律英语翻译教学往往以术语解释和句子翻译练习为主，未能站在文本的高度俯瞰法律翻译的全过程，对文本在词汇、句法、语篇等层面的特征进行考量。本研究以法律文本Deed of Covenants and Guarantee为例，立足于对原文本的分析，析出该法律文本的8类词汇特征，10类句法特征，以及4类语篇特征，旨在说明：法律翻译是理解与表这的过程，而实践中面对的翻译对象往往是文本，因而理解文本，析出文本各个层面的表现特征，就成为法律翻译的第一步。
文摘The text of Exod 24:1-11 contains a two-fold ritual ratification of the covenant(Hebrew ber??,Greek diathēkē),the stipulations of which were given at Mount Sinai(cf.Exod 20:1-17).This ratification is studied here in the context of the African-Igbo1 cultural concept of Igba-ndu(covenant,which literally means joining lives together).The main focus of the study is to discover the implications that such covenant ideas have towards fostering world peace.The two ratification acts in the text involve a blood ritual and a ritual meal,both of which are not foreign to the African-Igbo concept of Igba-ndu(covenant).In both the Old Testament(OT)understanding of covenant and the African-Igbo concept of it,there is a special relationship established when two persons or two parties enter into it;the persons are now inseparably bonded together.Thus,the ratified Sinai covenant united the ancient people of Israel with God,making them qāhāl,i.e.,the assembly or the congregation of God’s people.The implication of the union is that God would be protecting them,and they would be obedient to God.In African-Igbo cultural milieu,when two parties are united through a covenant,it is believed that they cannot harm each other without incurring the retributive or boomerang justice known in Igbo language as Ibenne(literally blood-link,as of siblings of the same mother).In other words,since the same blood now flows in both parties,when one decides to harm the other,he/she invariable harms himself or herself.It is this aspect of the African-Igbo concept of covenant that is relevant for world peace when it is cross-examined with the extended aspect of the OT/Sinai covenant.This extension is found in Jer 31:31-33 in which God says that there would be a new covenant since the Israelites were not faithful to the stipulations of the Sinai covenant.This promised new covenant was eventually made effective in the person of Jesus Christ who,while establishing the Eucharistic sacrament at the Last Supper,announced:“This is a new covenant in my blood”(Luke 22:20;1 Cor 11:25).He was referring ultimately to his sacrificial death for humanity(cf.Heb 9:11-28).So this new covenant is more embracive than the OT Sinai covenant which involved only the ancient people of Israel.The new covenant is for the whole world,hence Jesus told his disciples to“make disciples of all nations”(cf.Matt 28:18-20).In other words,through Christ,the whole world has been made the new community,assembly,or family of God.Viewed from African-Igbo idea of covenant as joining lives together,the whole world has been brought into mutual blood relationship through Christ,such that anybody deciding to harm his/her neighbour is ipso facto deciding to harm himself/herself.This idea will help make every human being regard his/her neighbour as a brother or a sister in the extended or large family of God.
文摘This paper develops a model where two lenders to subprime borrowers compete with the interest rates charged and the severity of loan covenants. The model has a stable equilibrium, which demonstrates how an increase in the number of borrowers or an increase in the cost of meeting covenants will reduce the severity of the covenants required by lenders, and each of these changes will increase the difference in the severity of the loan covenant levels. An increase in the expected losses to the lender from relaxing covenants will increase the severity of loan covenants, and this will also make the levels of severity more dispersed. Additional analysis demonstrates how exogenous shifts affect the interest rates charged by the lenders and their profits
文摘The International Covenant on Civil and Political Rights reflects the world’s perception of human rights, and is of vital importance in the field of international human rights. The Covenant has been signed by Chinese government. Although not ratified yet, it will definitely have an impact on the reform of China’s Criminal Law. Therefore, it is necessary to further change our notion of the criminal law system by defining the boundary between public power and civil rights and developing the view of human rights protection. In terms of the specific system, it is necessary to further reduce the number of crimes punishable by the death penalty and limit the application of the death sentence, improve China’s Criminal Procedural Law to protect the fundamental rights of suspects and defendants in terms of compulsory measures, investigation means and judicial form, and add some charges like enslavement and illegal human experimentation, which are criminalized around the world, so as to be in line with the requirements of international human rights protection.
文摘The optional Protocol to the international covenant on economic, Social and cultural Right was adopted in 2008 and entered into force in 2013? During the five years after its entry into force, 23 States have ratified the optional Protocol, and 23 individual communications have been submitted to the committee on economic,Social and cultural Rights? comparing with the acceptance of individual communication procedures under other core international human rights treaties, the record of ratification of the optional Protocol is not satisfactory? in its examination of individual communications,the committee on economic, Social and cultural Rights has made detailed reasoning, extensively referred to its previous general comments, and in case of violations found, suggested both specific and general remedies? in its practice of examining individual communications, the committee on economic, Social and cultural Rights needs to clarify and define the rights under the covenant and their corresponding obligations, while maintaining its nature and role as a supervisory body, without expanding its competence to an unacceptable extent?
文摘From the perspective of international human rights covenants,the family is the group unit for human life and the fundamental unit of society.Family life is the basic lifestyle of human beings.It is the right,by birth,of the individual to enjoy a normal life within the family.The survival and healthy development of children are inseparable from the family,and living with their parents or other family members is fundamental to guaranteeing the survival and growth of the children and realizing their value of life.Children’s right to family life is an important human right that has connotations fundamental to their lives,and should be safeguarded by both the law and Constitution.
文摘There has been much discussion in the recent decade on the universality or particularity or relativism or on the relations between the universal values and standard systems and cultural diversity or pluralism. But most of the discussions are concentrated on the abstract or conceptual terms, with few touching upon international human fights standards. This is strange, because the disputes will never end and it is impossible to arrive at any conclusions of value if discussions only focus on the different concepts and systems of different countries or civilizations instead of on what has been universally accepted or at least on the international human rights treaties and the customary international human rights laws that are binding to the great number of state parties.
