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論合同英語的語言特征本科畢業(yè)論文-全文預(yù)覽

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【正文】 dem Contracts ..................................................15 VI Application.............................................................................................................16 Approach to solving the Problems ................................................................16 to Development of Lingual Styles of English Contracts ........................17 VII Conclusion ...................................................................................................................18 Notes ..................................................................................................................................19 Bibliography ......................................................................................................................20 1 Ⅰ .Introduction A contract is one of the basic social and legal institutions in modern society. A contract frames and coordinates human interactions. It is an agreement that creates,assigns,delegates,and transfers rights and obligations,tangible and intangible goods,services,and entitlements between the contracting parties,relying on their voluntary,rational,and deliberate consent. Today,contractual relationships among persons,munities,anizations,and states emerge as an alternative or at least as an amendatory legal instrument of market coordination and state regulation. A contract binds person to person,person to anization,anization to anization,person to society,person to state,and state to state in private,social,economic,and political affairs. Since contracts embrace almost all aspects of human affairs from business to marriage,it is difficult to develop a general theory of contract that could provide a normative framework for all human interactions based on various macro and microlevel,formal and informal,and written and unwritten agreements. Since the theoretical diversities of the notion of contract are rooted in different legal and philosophical traditions,they offer different accounts of its philosophical origin,moral motivations,and practical justification for its prevalence in modern society. Conflicting assessments cause theoretical,doctrinal,and practical tensions and incoherencies in contract law,adjudication,and contractual settlement. Therefore,despite the long and rich intellectual history of philosophical,moral,legal,economic,and political reflections on contract,many contemporary scholars hold that contracts still lack any clear and consistent theoretical foundation. The critical remarks about differing assumptions and interpretations apply equally in civil law countries,where contracts are often justified on moral grounds and given a certain kind of redemptive power in the implementation of a just and wellordered society,and in mon law countries,where the economic analysis of contracts seems to be too narrow in its philosophical and moral foundation. 2 This entry presents an overview of the basic theoretical concepts of contract from contractarian rights based to consequentialist perspectives (explained hereafter). Instead of making a futile attempt to outline a general theory of contract,this entry will focus instead on how peting approaches and theories endeavor to conceive and explain the basic philosophical ideas underlying contract. As the era with the termination of theCold Warand the tendency of cooperation beckons the integration of global economies. the world has seen an unprecedented boom in international trades. In the course of business transaction,the documents of the greatest importance are contracts,of which a dominant proportion is written in English,(or at least English is used as one language of a bilingual contract). Because a contract is a legal document andin some way connected with the imposition of obligations and the conferring of rightsattention will be only paid to,and settlement will be only based on,what the contract declares in case a dispute arises over a transaction and is brought to a court of 1awer arbitration. Therefore a thorough knowledge of an English contract is indispensable to reading it1. However,the acquisition of the thorough knowledge is a hard nut,because the English used in some contracts isa language of great plexity and to a layman often obscurityIt may be not too far from the truth to say that to an enormous number of people from non. English. speaking country,who have been learning English for many years,some English contracts are all Greek. Even a native speaker of English admit. tedwhat little bit I can understand. Why are people in the street perplexed by some English contracts?I once made questionnaireinvestigation which included two samples. One of them was a contract and the other was a letter,but both related to the same affair concerning the hiring of a fiat. The outes of the investigation showed that more than 90 percent of the investigates,a11 of whom have learned English at least for more than 8 years were unable to understand the contract fully,but able to prehend the letter quite well and that the 3 reason for causing the difficulty in reading the contract,in their opinion,was lingual,to be more exactly,syntactical and lexical. Many scholars and linguists have probed in to the contract English. but they studied it under the general name of legal English and discoursed upon it on the basis of old fashioned contracts. This dissertation is intended therefore to expound the contract English the changes of the linguostylistics. The first step is to classify the contracts in to three kinds according to lingual styles . Following that,description and discussion of each kind will be focused on the linguostylistic features and their changes. Finally,it will provide an approach to finding a way which is most suita
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