Unit 16 Legal Reform

1. Unit 16 Legal Reform TextⅠ Law of Reform: The Case of Britain -To learn about legal reform Text Ⅱ Law, the Individual and the Society -To discuss the relationship between law, individuals and the society Text Ⅲ Case Reading - To read one case related to parental responsibilities and rights

2. TextⅠ Law of Reform: The Case of Britain Terms: Green Paper, private members bill, crime of rape within marriage Proper names: the Law Reform Committee, the Criminal Law Revision Committee, the Royal Commission, the Commission on Criminal Procedure, the English Law Commission

3. Outline of Text I part I: (para. 1) General introduction to legal reform • 1. either…or…（统领全文） • 2. the various procedures that lead up to the reform (end products) are equally important in understanding the process of law reform

4. Outline of Text I part II: (para. 2-7) The role of the parliament in law reform • 1. What is the actual source of law reform? • 2. What are the mechanisms to carry out law reform? • 3. What is the weakness associated with the committees and commissions? • 4. What is the original moving force in some particular reforms and how does it operate?

5. Outline of Text I part III: (para. 8-10) The role of the judiciary in law reform • 1. What is the restriction imposed on the judiciary in law reform? • 2. Can judges reform statutory provisions directly? • 3. What is the attitude of Norman Marsh on the power of judiciary in law reform?

6. Outline of Text I part IV: (para. 11-end) The role of the Law Commission in law reform • 1. What is the purpose of establishing the Law Commission? • 2. What is the relationship between the Law Commission and the Parliament? • 3. What is the scope or ambit of the Commission? • 4. How does the Commission carry out law reform? Also the advantages compared with the reform by the judiciary and interested parties? • 5. How does the power of the Commission on law reform differ from that of the judiciary? • 6. What does the fact that the Commission was established under the control of LC suggest?

7. Terms Green Paper 绿皮书 private members bill 政府无公职议员议案 crime of rape within marriage 婚内强奸罪

8. Proper names the Law Reform Committee 法律改革委员会 the Criminal Law Revision Committee 刑法修订委员会 the Royal Commission 皇家委员会 the Commission on Criminal Procedure 刑事程序委员会 the English Law Commission 英国法委员会

9. Partial translation • 1. subject to change without further notice • 2. not only diminishes his physical strength but also wears down his volition and courage • 3. has incapacitated him from participating in boxing matches in future • 4. set out in a bottom-up manner • 5. a panoply of mountains and lakes • 6. One is entitled to a redress • 7. the repeal of the already very out-dated law • 8. restricted to doing housework and fostering children

10. Translation • 1. 为了确保在法律方面做出必要的改进，特此设立常务委员会，专门负责汇报需要改革的事项。 • 2. 最重要的是，该委员会的改革工作不可避免地限定为那些能够由议会实施且有现实意义的议案，并且其实施须受政府项目和议会程序的限制。 • 3. A bill is a motion or proposal to formulate, amend, or repeal a law. It should be submitted to the legislative body by a government agency or staff having the right to make such motions or proposals.

11. Translation • 4. The educational policies of the state shall be carried through in order to perform vocational education. Education shall be performed to fully develop the educatees’ quality by means of improving their ideological and political awareness and their professional ethics, imparting vocational knowledge, fostering professional skills, and conducting professional instructions. • 5. Nowadays, Europe is propagating its conception of the annulment of death penalty, aiming at a new international maxim of this annulment. 118 countries in the world retain death penalty while only 67 have annulled death penalty. Then is Europe right in doing so?

12. Text Ⅱ Law, the Individual and the Society • words: overt (cf. covert), repressiveness, say (as a parenthesis), guise, simplistic, disingenuous, air (v.), entrenched, lament, profess, oppressive, overridden (derived from override), honor (v.), whilst, supposedly, capacious, interlink, intolerant, authoritarian, mystify, perpetuate, ideological, rhetoric, sham, curb, inhibition, all-intrusive, unqualified, cynical, bolster, orthodoxy, advance (n.) • phrases: more often than not, take on…guises, in terms of, mass media, let off steam (colloq.), address oneself to sth., put at its mildest, vest…in, police powers, a swing to, place / put a premium on, all the more, press for, has a… part to play, be reduced to, be confined to, by means of • proper names: the Universal Declaration of Human Rights, the General Assembly of United Nations, the European Convention of Human Rights and Fundamental Freedoms, the Council of Europe, the European Communities Act, Bill of Rights, the National Council for Civil Liberties

13. Proper names the Universal Declaration of Human Rights 世界人权宣言 the General Assembly of United Nations 联合国大会（最高权力机关） the European Convention of Human Rights and Fundamental Freedoms 人权和基本自由欧洲大会 the Council of Europe 欧洲议会 the European Communities Act 欧洲共同体法案 Bill of Rights 人权法案 the National Council for Civil Liberties 公民自由国家议会

14. Text Ⅲ Case Reading • words: cloak, dagger, expedition, anonymous, unpatented, methanol, appropriate (v.), pending, divulge, sensitize, interlocutory, repose, heretofore, advantage (v.), induce, tap, eavesdrop, freewheel, dampen, vale, optical, incursive, ethos, mores, predatory, impenetrable, fortress, nuance, proclaim, commandment, altitude • phrases: circle over, reach a dead end, take precautions, under construction, cover the loss sustained, for want of, pass sth. on to sb., reverse engineering, thus far, in perfect accord with, fall below the standard, the law of jungle, standard of morality, in plain view, shut out, in the midst of, deviate from, on the merits • terms: industrial espionage, trade secret, injunction, deposition, case of first impression cf. case of first instance, diversity court, actionable wrong, trespass • proper names: the Restatement of Torts

15. Terms industrial espionage 工业间谍 trade secret 商业秘密 injunction 禁制令 deposition 证言 case of first impression 无先例可循的案件 cf. case of first instance 一审案件 diversity court 具有diversity jurisdiction（多重管辖权）的法院 actionable wrong 可提起诉讼的过错 trespass 非法侵入

16. Proper names the Restatement of Torts 侵权法重述