这本身倒也是一件挺有意思的事情。我msn好友的主力是上外同学
当年老师
我知道我的没有拿英语“当饭吃”的同学们分布在各个行业
几年前一艘运输玩具小鸭子的中国货轮在公海沉没,船载小鸭子从此开
An excerpt from an email I sent to the chief translator, who rejected my deliberate erasion of "shall" in the phrase "shall become effective" in an Agreement she polished.
The reason I adopted "** become effective on..." instead of "shall become" is that "shall" is used for mainly two purposes, (1) an obligation; and (2) future sense. Generally in legal documents, "shall" is abused. In many documents we deal with every day, "shall" is taken as a panacea to be employed anywhere where a word is used.
原译:如果本协议的任何规定按照任何有适当司法管辖权的法院所实际适用的任何可适用法律被予以禁止或认定为非法或不可执行,则该等规定应按照该等法律的要求并在可能的情况下从本协议中分离并被视为无效,而无须变更其余规定。
改译:如果本协议的任何条款被任何有管辖权的法院依据适用法律禁止或者认定为非法或不可执行,则该等条款应按照该等法律的要求、在尽可能不变更其余条款的情况下从本协议中分离并视为无效。
原文:This Agreement supersedes all previous understandings between the Parties, whether oral or written, with respect to the purpose of the Agreement.
原译:本协议替代各方为本协议之目的达成的全部以往谅解,无论是口头还是书面。
改译:本协议替代各方为本协议之目的达成的全部口头和书面谅解。
原文:This Agreement together with its Appendices and any other document incorporated by express reference herein shall be considered as one and the same document and shall form the complete Agreement between the Parties with respect to the Services.
原译:本协议及其附件以及本协议中明确提及的任何其他文件应被视为一(1)份和同一文件并形成各方之间就服务达成的完整协议。
改译:本协议及其附件以及本协议中明确提及的任何其他文件应被视为同一份文件并构成各方之间就服务达成的完整协议。
Property rights in China
Mar 8th 2007
From The Economist print edition
SOME 2,500 years ago, one of Confucius's big ideas was the "rectification of names". If only, he argued, sons would behave filially, fathers paternally, kings royally and subjects loyally, all would be well with the world. A faint echo of this thesis has been resounding this week in the cavernous auditorium of Beijing's Great Hall of the People, where nearly 3,000 delegates to China's parliament, the National People's Congress (NPC), have been enjoying their annual fortnight of wining, dining, snoozing and pressing the "yes" button. Living up to one's name poses something of a problem for the Chinese Communist Party, which dictates the laws the NPC will pass, and whose name in Chinese literally means "the public-property party".
To such a party it must be an ideological embarrassment that China has such a large and flourishing private sector, accounting for some two-thirds of GDP. So one law due to receive the NPC's rubber stamp this month, giving individuals the same legal protection for their property as the state, has proved unusually contentious. It was to be passed a year ago, but was delayed after howls of protest from leftists, who see it as among the final of many sell-outs of the ideas of Marx, Lenin and Mao Zedong, to which the party pretends fealty.
The party's decision to enact the law in spite of that resistance is a great symbolic victory for economic reform and the rule of law. Clearer, enforceable property rights are essential if China's fantastic 30-year boom is to continue and if the tensions it has generated are to be managed without widespread violence. Every month sees thousands of protests across China by poor farmers outraged at the expropriation of their land for piffling or no compensation. As in previous years, placating those left behind in China's rush for growth has been a main theme of the NPC (see article).
In the cities, and of greater importance to the decision-makers pushing the law through, a growing middle class with its wealth tied up in houses wants to pass these assets on to their only children. These people are anxious about the security of their property and, like their fellows in the countryside, are becoming more assertive. In other countries the emergence of this group as an important political constituency has been followed by an unstoppable drift towards greater pluralism.
In the short term, however, do not expect too much. The latest law is only one step in the slow trudge China is making out of the blind alley of Maoism. One big change in 2002 allowed businessmen to join the Communist Party, thus turning the revolutionary vanguard into a networking opportunity for bosses. In 2004 China changed the country's constitution to enshrine private-property rights. But the constitution is less a prescriptive document than a constantly changing description of what has just happened. So nothing changed.
This latest law, likewise, will not bring the full property-rights revolution China's development demands. Indeed, it will not meet the most crying need: to give peasants marketable ownership rights to the land they farm. If they could sell their land, tens of millions of underemployed farmers might find productive work. Those who stay on the farm could acquire bigger land holdings and use them more efficiently. Nor will the new law let peasants use their land as security on which they could borrow and invest to boost productivity. Nor, even now, will they be free from the threat of expropriation, another disincentive to investment. Much good land has already been grabbed, and the new law will merely protect the grabbers' gains.
This law cannot in itself resolve the murkiest question: who owns what? This is especially true in the countryside, where the mass collectivisation during Mao's Great Leap Forward of half a century ago left farmland "collectively" owned. Peasants have since been granted short (30-year) leases. But even outside agriculture it is often unclear whether a "private" enterprise is really owned by individuals or by a local government or party unit. Conversely, some "collective" or "state" enterprises operate in ways indistinguishable from the private interests of their bosses. Moreover, should an underdog try to use the new law to enforce his rights, the corrupt and pliant judiciary would usually ensure he was wasting his time. Since the Cultural Revolution, when the NPC passed just one law between 1967 and 1976, the legislature has been legislating quite prolifically. But the passage of laws is not the rule of law.
Which leads to a final obstacle: without an accountable executive branch, the necessary reform of the legal system is not going to happen. As the passage of the property law itself demonstrates, the party is showing itself somewhat more responsive to public opinion than it was in the past. But it still runs a government that does its best to silence most dissenting voices, strictly controls the press, and lavishes resources on the best cyber-censorship money can buy. Property rights are a start; but only contested politics and relatively open media can ensure that they are enforceable.
No revolution today then. Yet in the long term the leftist opponents of China's property law are surely right to be worried about what has been begun this month. They understand the law will entrench the rights of the carpet-baggers who have looted the state as it has privatised assets. They also understand that the law, for all its technicalities, does not chime with an avowedly communist government.
The leftists derive their theory not from Confucius, but from Marx. Were the latter writing today, he would surely see in China a revolution waiting to happen—or perhaps two. One is the bourgeois revolution led by the emerging property-owning middle class that the new law will help. The other is the potential for the simmering resentment in the countryside to boil over, perhaps in frustration at the law's shortcomings. Property rights are at the root of both—which is why the dozing NPC delegates may have started a process this month that will one day change their country completely.
source: http://www.economist.com/opinion/displayStory.cfm?Story_ID=8815075
内容简介
由一个旅游作家来写地球的科学简史,这个企划与过程真是太有趣了!
作 者BillBryson是国内知名的徒步旅游作家,国内出版过他的旅游书《欧洲在发酵》和《一脚踩进小美国》,为何会写下这本书呢?作者在书里说道:「我 在旅行途中时,透过机舱的窗口看到下面旷阔的月光与海景,一个念头闪过,我发现到我虽然经常旅行但是对自己生活在上面的星球所知甚少。」作者用清晰明了、 幽默风趣的笔法,将宇宙大爆炸到人类文明发展进程中所发生的繁多妙趣横生的故事一一收入笔下。惊奇和感叹组成了本书,历历在目的天下万物组成了本书,益于 人们了解大千世界的无穷奥妙,掌握万事万物的发展脉络。
书中回溯了科学史上那些伟大与奇妙的时刻,引用了近年来发现的最新科学史料,几乎每一个被作者描述的事件都奇特而且惊人:宇宙起源于一个要用显微镜才看 得见的奇点;全球气候变暖可能会使北美洲和欧洲北部地区变得更加寒冷;1815年印度尼西亚松巴哇岛坦博拉火山喷发引发的海啸夺走了10万人的生命;美国 黄石国家公园是"世界上最大的活火山"……而那些沉迷于科学的科学家们也是千奇百怪:达尔文居然为蚯蚓弹起了钢琴;牛顿将一根大针眼缝针插进眼窝,为的只 是看看会有什么事情发生;富兰克林不顾生命危险在大雷雨里放风筝;卡文迪许在自己身上做电击强度实验,竟然到了失去知觉的地步;发现第一批陆地动物鱼甲龙 化石的瑞典古生物学家贾维克居然数错了手指、脚趾的数量,还把化石藏了48年不让别人看……
因 此Bill Bryson花了3年的时间,找寻相关的资料与拜访相关的科学家及学者,以科学的角度及散文体例的方式介绍我们所居住的地球。本书虽然厚达544页,但是 涵盖近年来发现的宇宙、生物、地质、物理化学等科普散文知识,这个厚度,才刚刚好呢!本书也获得亚马逊网站2003 年度优秀图书的推荐!
作者简介
一 九五一年出生於美国爱荷华州,毕业於美国德雷克大学。曾任职於伦敦『泰晤士报』与『独立报』,在英国居住长达二十年之久,同时也为『纽约时报』、《君子杂 �I》、《GQ》与《国家地理杂�I》等刊物撰文。他的兴趣很广泛,在语言学方面着有《麻烦词汇字典》(A Dictionary of Troublesome Words)、《母语》(The Mother Tongue)、《美式英语》(Made in America)等书,皆为非学院派的幽默之作,获致很高的评价;在旅游记事方面,着有《别跟山过不去》、《一脚踩进小美国》、《欧洲在发酵》、《哈!小 不列颠》等书。而最新力作《请问这�Y是美国吗?》(I am a Stranger Here Myself)可说是比尔.布莱森在抒写自己的故乡--美国的作品中,最至情至性、最努力经营的一本书,不仅佳评如潮,还被喻为媲美《哈!小不列颠》的佳 作。目前他和英国妻子以及四个小孩居住於美国新罕布夏州的汉诺威市。
例1. If a Party (the "Affected Party") is prevented, hindered or delayed from or in performing any of its obligations under this Agreement by a Force Majeure Event:
译文1:若不可抗力事件令一方无法履行,或迟延履行,或者阻碍一方履行本协议项下任何义务(该方称“受影响方”):
译文2:如果一方(“受影响方”)因不可抗力而被妨碍、阻碍或迟延履行其在本协议项下的任何义务:
分析:
1) Force Majeure Event在译文2中被略为“不可抗力“是不妥当的。Force Majeure才是“不可抗力”,Force Majeure Event是“不可抗力事件“,前者泛指,后者更为具体。
2) “某某被妨碍/阻碍/迟延做某事”不符合汉语表达习惯。
3) “无法履行其在本协议项下的义务”显得罗嗦,“无法履行本协议项下的义务”就足够并且不会导致任何歧义——任何译文2希望通过强调“其”来避免的歧义——难道一方还会因己方无法履行对方的义务而以不可抗力事件为由提出抗辩?
4) prevent在这里被翻译成“妨碍“是误译。
Webster's Collegiate Dictionary (11th ed)("Webster") p.984:
prevent: 3 to keep from happening or existing; 4 to hold back: HINDER; STOP。
《现代汉语词典》(1983):
妨碍(P309):使事情不能顺利进行;阻碍。
阻碍(1545):使不能顺利通过或发展。
从英语理解的角度看,prevent具有“阻止”和“妨碍”两方面的含义,在表示“妨碍”的含义时,其意义与hinder一致。本条中hinder与prevent并列,那么prevent就应取"to keep from happening or existing"之意,否则就是be prevented and hindered就是tautology。从汉语的角度检查译文2的选词也可以发现“妨碍”和“阻碍”也是同义词,同时并列使用是同义反复。因此,本条中应当根据"to keep from happening or existing"的理解,将prevent翻译为“阻止”。
5) 译文1的句子结构略显拖沓。
结论:重新选词并重调句子结构,将原文翻译为:“若不可抗力事件阻止、妨碍或延迟一方(“受影响方”)履行本协议项下的任何义务:”
例2. In clause 8, "Force Majeure Event" means an event beyond the reasonable control of the Affected Party, including, without limitation, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
译文1:本第8条所称“不可抗力事件”是指超出受影响方合理控制的事件,包括但不限于:罢工、闭厂、劳动纠纷、天灾、战争、暴乱、民众骚乱、恶意损害、遵守法律或政府命令、规则、规章或指令、事故、工厂或机械瘫痪、火灾、洪水或暴风雨(雪)。
译文2:本第8条中,“不可抗力”指受影响方合理控制之外的事件,包括但不限于罢工、停业、劳资纠纷、自然灾害、战争、暴乱、平民骚乱、蓄意破坏、遵守法律或政府命令、规则、规定或指示、事故、工厂或机器故障、火灾、水灾或风暴。
分析:两个版本的译文中有多处不同, 但此处仅讨论上述加粗的本人认为值得商榷的几处,其余个别差异更多的是不同译者的个人风格差异而已,在只要协同工作中做好协调就可以。
1) lock-out。《元照英美法词典》(2003.5, p864)提供的中文是:闭厂;停工;停业。尽管看起来三者都可以用来翻译lock-out,但我个人对此持保留意见,至少我认为在一定的上下文条件下,对这三个词的选择还是有“优先级”的考虑的。
首先,法律检索得知,我国(港澳台地区除外)现行法律法规中没有采用三个词中的任何一个。其次,网络检索发现,lock-out的中文翻译取“闭厂”的多为权威、正式网站。吾道不孤!比如,大英简明百科知识库对lock-out的解释就说得明白:
閉廠 (1880~1899) lockout (1880~1899)
在勞資糾紛中,雇主把員工關在工作場所以外,或者拒絕雇用員工的策略。1780年代和1790年代.......
另外,湖南省政府门户网站刊登的《美国劳工管理关系法》的中文译本也提到:
(c)如果在一定时期内,局长不能通过调解使有关各方达成协议,他必须促使他们自愿寻找别的办法来解决争议而不采取罢工、闭厂或其它施加压力的办法,……
北京市劳动法学和社会保障法学研究会网站刊登的文章《试述法国对罢工的法律调整及关于我国罢工立法的思考》,其中提到:
不属于合法罢工的行为
……
3 )占领劳动场所的行为。……二是作为员工对雇主的闭厂或清算的一种反应方式……。
中国劳动和社会保障出版社,《国际劳动统计年鉴(2003)》第七卷的标题就是:“罢工和闭厂(Strikes and lockouts)”;第九章的标题是“罢工和闭厂停工”。这里不仅明确地使用了“闭厂”,更进一步地说明了“闭厂”和“停工”的关系——因闭厂而停工(当然,停工的原因不限于闭厂)。
尽管我国大陆地区现行法律法规中没有使用“闭厂”,我国香港地区的《劳资关系条例》(颁布于1987年,属港英时期法律,目前有效性不知,但从法律翻译角度而言仍有很强的借鉴意义)却有此用法:
(III)着手进行、继续、授权、组织或资助闭厂,或威胁采取此等行动;
相关权威例证还有很多。另外,“停工”和“停业”都是汉语中既有的词汇,他们的词义本就不包括舶来法律概念lock-out,他们只是lock-out可导致的后果之一,从这个逻辑关系上讲,“闭厂”和“双停”非但不可混用,还应当予以区分!综上所述,我认为在不可抗力的条款中,对lock-out的中文翻译当取“闭厂”而决非“双停”。
2) breakdown of plant or machinery。译文2的“工厂或机器故障”显然是错的。首先,Webster, p152:
breakdown: (1) failure to function; (2) failure to progress or have effect
《现汉》p401:
(机械、仪器等)发生的不能顺利运转的情况
可见breakdown描述的是“无法工作/运转”的状态,而“故障”仅仅是不能顺利运转,两者对实际工作的影响程度上的差别显而易见。另外,“工厂故障”也不是汉语的习惯搭配。
3) storm。Webster, p1230:
storm: 1a a heavy fall of rain, snow or hail.
David Brown, James Rossiter, Patrick Foster
As a lawyer at one of the "magic circle" of leading corporate legal firms, Matthew Courtney was expected to work 16 hours a day, seven days a week.
He hoped that his efforts would eventually be rewarded with a partnership – and a £1 million salary.
But weeks after Mr Courtney, 27, and other associate lawyers at Freshfields Bruckhaus Deringer spoke to senior partners about their long hours and stress, he was found dead at Tate Modern, The Times has learnt.
He had gone alone to the art gallery after work on Friday and died instantly after plunging from a stairwell leading to the seventh-floor restaurant at 11.30pm.
The death of the Oxford-educated lawyer, the only child of the World Cup football referee George Courtney, has highlighted concerns about the stress suffered by City workers as bonuses reach record highs.
His father told The Times: "We talked to Matthew 24 hours before his death and he said he was working long hours but there was nothing there to suspect anything untoward.
"We have spoken to Matthew's line manager today, and there might have been an issue with his workload. They had recently taken some of that workload off him. Freshfields were very happy with the quality of his work."
Mr Courtney, of Pimlico, Central London, had been one of only 100 trainee lawyers selected each year to join Freshfields. He qualified last August and was appointed an associate specialising in intellectual property rights at its Fleet Street offices.
As a £ 55,000-a-year junior, he would frequently have been called on to work 16-hour days, seven days a week, for weeks on end to keep up with the firm's relentless flow of multi-billion-pound deals. Junior staff at Freshfields, which employs 2,400 lawyers worldwide, tend to put in this level of work - for up to eight years before they are eligible for partnership and some of the best financial rewards in the City.
A spokeswoman for Freshfields said: "The firm held a minute's silence at 11am on Monday in memory of a friend and a colleague. We are deeply sad and affected."
Mr Courtney studied law on an open scholarship to Christ Church, Oxford, and spent a year at law school in London. He previously attended Durham School, which costs £ 4,000 a term. He spoke French, German and Spanish, was a talented violinist and saxophonist and had appeared at the Edinburgh Fringe while at Oxford. He had also been a member of the National Youth Choir of Great Britain.
His father, who refereed at the 1986 and 1990 World Cups, and mother, Margaret, were visited at their home in Spennymoor, Co Durham, by his manager and colleagues. Mr Courtney's father, who is 65, said: "Matthew set very high goals for himself and achieved great goals. He was a credit to himself and his family."
After qualifying last autumn, the father and son spent a month travelling around California. They also went to The Gambia before Christmas.
Mr Courtney's father said: "He had a good crowd of people around him at Freshfields and enjoyed his time there. He was like all of the associates there – he worked fairly long hours but there was a very good social side.
"The only sad thing is he had so much more to give to his employer, his friends and everybody whose lives he touched. I think he might have gone on to things other than the law. He always wanted to write."
Rodney Thomas, director of marketing at Durham School, who taught Mr Courtney German, said: "Matthew was the epitome of a gifted and talented pupil." Police studied security camera footage from Tate Modern but told Mr Courtney's family that it is inconclusive. A Scotland Yard spokeswoman said that the death was being treated as "unexplained but not suspicious".
Market leader
— Freshfields Bruckhaus Deringer is Europe's top corporate law firm and last year worked on 260 deals worth €378.3 billion (£ 254 billion).
— It employs more than 2,400 lawyers in 28 offices around the world.
— Its 450 partners each earned on average £ 830,000 last year. Over the next two years this is expected to rise to more than £ 1 million.
— Freshfields' clients include Tesco and Cinven, a private equity firm weighing up a possible £ 10 billion bid for Sainsbury's.
Source: Mergermarket
现有两种说法
1) comply with the bylaws of ** with respect to &&.
2) comply with the provisions of ** with respect to &&.
前者是把"规定"具像了,稍微罗嗦点,也可以改成: comply with the provisions of the bylaws of ** with respect to &&.
问题在于 the provisions of the bylaws说得很清楚,是指bylaw的具体条文规定。然而,the provisions of **组织也可以表达同样的含义嘛?
我个人认为,provisions of 在表示"**规定"的时候,of后面得跟具体的内容,诸如 chapter, section, article, paragraph,乃至** law/regulation 之类,而不能直接跟组织,表示"**组织
的规定"――这是受汉语"**单位/组织的**规定"的影响。
您的看法呢?
2. to the extent that Party B has any rights, claims, title, and interests in Bank's obligations under the Agreement, Party B, in consideration of the waiver and release contemplated hereunder, has assigned any rights Party B may have in relation to Bank's obligations under the Agreement to Party A to the extent that such obligations exist.
如果乙方对银行在协议下的义务享有任何权利、主张、所有权和利益,鉴于本协议项下拟议的弃权和责任免除,乙方已向甲方转让其就银行在协议下义务可能享有的任何权利(若该等义务存在)。
3. Party A hereby waives any and all right, claims, title, and interests in the Payment and releases Party B from any and all olibgations to Party A in relation to the Payment to the extent such rights, claims, title, interests and obligations exist.4. To the extent that Party B has any rights, claims, title and interests in Bank's obligations under the Agreement and the Deposit in Party A,...
如果乙方对银行在协议下义务以及存于甲方的存款所享有的任何权利、主张、所有权和利益,