《A Contrastive Study of Legal Loanwords in English and Chinese英汉法律外来词对比研究.docx》由会员分享，可在线阅读，更多相关《A Contrastive Study of Legal Loanwords in English and Chinese英汉法律外来词对比研究.docx（59页珍藏版）》请在taowenge.com淘文阁网|工程机械CAD图纸|机械工程制图|CAD装配图下载|SolidWorks_CaTia_CAD_UG_PROE_设计图分享下载上搜索。
1、A Contrastive Study of Legal Loanwords in English and ChineseA Master Thesis Submitted toGraduate School,Southwest University of Political Science and LawIn Partial Fulfillment of the Requirements for Degree ofMaster in Foreign Linguistics and Applied LinguisticsApril 2008AcknowledgementsTo finish t
2、his thesis, I have been preparing collecting data for quite a long time.Some friends and teachers have provided much information for me to find thosebooks and research papers concerning to the thesis.My greatest gratitude should go to my supervisor, Professor Xiao Yunshu, whohas given me some good a
3、dvice and encouraged me when I can not continue mythesis. He is really the most patient and careful teacher. And I am also grateful to allmy other teachers in the English Department of Southwest University of PoliticalScience and Law, who have taught me how to develop an academic thinking.Many thank
4、s also go to my parents. With their help to take care of my six yearsold daughter, I can finish my study in my thirties.iAbstractSince the birth of languages, they have been shouldering the responsibilities oftransmitting human civilization and communicating culture. Languages are notcompletely isol
5、ated. The communication of different languages will lead to mutualinfluence and penetration. Therefore, the fusion of languages has been existing ifthere is language contact. Meanwhile, in the course of language fusion, the borrowingof language has generally exited. Vocabulary, as the most fundament
6、al and activefactor, is the main part of language borrowing. Loanwords, which stand for their ownlanguage and culture, have made conflicts with the native language and culture whenthey enter into another language. Finally, loanwords which are filtered by the nativelanguage can stay in the native lan
7、guage, thus they can mix with the native languageand they can be localized. Therefore, the loanwords can enrich the lexical system of alanguage, and they can be regarded as communicating and prospering culture.Lexical borrowing, absorbing and assimilating reflect the social culture ofdifferent ethni
8、cs. It has been generally agreed that a language may borrow words fromthe languages which are in close relationship with the target language. In addition, themain task of the borrowing is to make up for a loss of words. In many fields, theprofessional words are usually borrowed.In the field of law,
9、both English and Chinese have borrowed and remolded a largequantities of loanwords which have become one part of respective legal language.China is country with a long history. During the process of human development, Hannationality has gained abundant achievements of civilization and legal Chinese
10、hasmade a certain progress. But it is in the New Culture Movement and thirty yearsreform and opening-up that the alien legal culture and legal thoughts have beentransplanted and absorbed in China for the modern and current legal construction. Wemay say that the constant perfection of Chinese civil l
11、aw system is alwaysaccompanying with the absorbing alien legal languages. on the other hand, in thecourse of short English history, legal English has been gaining broad and profoundiidifferent languages. It has absorbed the essence from Europe and the world and itslegal system has become one of the
12、most advanced legal systems around the world.This thesis has made a comparative analysis of definitions, borrowing reasons,significance, origins, borrowing strategies and methods of loanwords and legalloanwords in both Chinese and English. From these analysis, we are very clear thatEnglish is extrem
13、ely capable of accepting loanwords and remolding them as its nativelanguage. Chinese is greatly influenced and restricted by its traditional culture andformation of words when it absorbs and assimilates loanwords and legal loanwords.Due to special position and the requirements of legal language, thi
14、s thesis has put outthe standardization and principles when Chinese absorbs and assimilates legalloanwords.With the frequent contact and communication of legal languages around theworld, borrowing, absorbing and assimilating legal loanwords must show a colorfulspectacle at the rapid speed. Studying
15、legal loanwords, as a part of studying forensiclinguistics, is very necessary and beneficial in contributing to both the law and thelinguistics just as English philosopher David once pointed out that Law is only aforensic linguistics. Under the reforming and opening background of all fields, moreleg
16、al loanwords will be accepted and absorbed by Chinese. Chairman Mao once saidmake the past serve the present and make the foreign things serve China. Onlyowning the open mental culture and using the word formation of Chinese can we takein all useful words from other countries to enrich our legal lan
17、guage and to accelerateour socialist legality.Key words: legal loanwords; comparison of English and Chinese; legal language;standardization and principlesiii摘要语言自诞生以来，其就肩负着传承人类文明责任和进行文化交流的任务。语言从来不是孤立存在，不同语言的交流就会相互影响，相互渗透，因而语言的融合是自古就存在，只要有接触就有融合。伴随语言融合的进程中，语言借用就普遍存在。词汇作为语言中最基本最活跃的因素，是语言借用的最主要的部分。外来词所
18、代表的语言文化以外族语汇的身份进入了另外一种语言之时与当地的语言文化因素相排斥和冲突，最终那些经过本族语“过滤”之后的外来词得以驻留，并与本族语相融合，使外来词得以本土化。因此，借用外来词不仅丰富了某种语言的词汇系统，更是文化的相互交流和繁荣。借用、吸收和同化外来词汇反映了不同民族的社会文化状况。普遍认为语言经过接触后，一种语言会更多地从其同源语或地理上、政治上、经济上联系紧密的语言中借用词语，并且在这些方面相对处于领先地位的民族的语言也会更多地被相对落后的民族语言所借用。词汇被借用主要是为了弥补被借入语里相对应概念的缺失，许多学科里的专业词汇也常常被借用。在法学领域里，英语和汉语都对外来词进
19、行了大量的借用并且对其加以改造，使之成为各自本民族法律语言中的一部分。中国是一个历史悠久的国家，在漫长的人类进程中，汉民族取得了丰硕的文明成果，法律汉语得到了一定的发展，但对近现代中国法制建设做出巨大贡献是在五四前后和改革开放后的三十年中，外来法律文化与法律思想在中国的移植和吸收，可以说现代中国大陆法律体系就是在不断吸收外来法律语言的过程中不断完善。英语和英语民族则不同，在其短短的发展历史中，法律英语博采众长，从不间断地接纳和吸收多国的语言，把代表欧洲乃至全球文化的精华语言兼收并蓄，其法律体系亦成为代表世界最先进的法律体系之一。本文从英汉语对外来词的定义、借用的原因与意义、法律外来词的来源与途
20、径以及借用的策略与方法等方面进行对比分析，从中可以得出英语接受外来词并把它改造成本民族语言的能力特别强，而汉语在吸收同化外来词及法律外来词时受到诸多如传统的心理文化因素，汉语语言本身的构词方法的因素的影响与制约，其决定了法律外来词的吸收与改造。再者，由于法律语言所处地位的特殊性iv和法律语言本身之要求所在，据此本文提出了汉语吸收和引进法律外来词的规范，即从语用和学理上着手进行规范，并提出了引进法律外来词应该恪守的原则，即是外来词汉语化、尊重汉语思维方式以及以交流和表达为实用目的。随着世界各国的法律语言在新时代里接触和交流空前频繁，必将以前所未有的速度进行借鉴和引进别国的法律语言，借用、吸收和改
21、造法律外来词语也必将呈现出丰富多彩的景象。研究法律外来词作为研究法律语言学的一部分，无论从法学还是从语言学的贡献角度来看，对它们的发展都是十分必要和有益的，因为英国哲学家大卫.休谟曾说过“法学其实不过是一门法律语言学”。鉴于各个领域的学科在改革开放趋势的背景下，法学领域中更多汉语外来词将为我国的法律汉语所接受和吸收。正如毛主席曾说过的“古为今用，洋为中用”，只要我们以开放的文化心理，用符合汉语构词方法，就大胆地“拿来”各国法学中一切为我有用的词汇，丰富我国的法律语言，促进我国法制建设和中外法律的交流。关键词：法律外来词；英汉对比；法律语言；规范与原则vContentsAcknowledgeme
22、nts . iAbstract in English .iiAbstract in Chinese. ivChapter One Introduction. 11.1 A Survey of the Study at Home and Abroad . 11.2 Definition of Loanwords . 31.3 Aim of the Thesis . 5Chapter Two Reasons and Significance of Borrowing . 72.1 Reasons of Borrowing. 72.1.1 Language Contact . 72.1.2 Lexi
23、cal Gap . 92.1.3 Linguistic Prestige . 102.2 Significance of Borrowing Legal Loanwords . 12Chapter Three A Brief Survey of English and Chinese . 143.1 The English Language . 143.2 The Chinese Language. 17Chapter Four Comparison of Legal Loanwords between English and Chinese . 19vi4.1 Comparison of H
24、istory and Etymology of Legal Loanwords . 194.1.1 History and Etymology of Legal Loanwords in Chinese. 194.1.2 History and Etymology of Legal Loanwords in English . 224.2 Comparison in Quantity and Part of Speech . 304.3 Comparison of Influencing Factors . 334.3.1 Culture and Legal Culture. 334.3.2
25、Motivation of Words and Loanwords . 364.4 Comparison of Borrowing Methods . 384.4.1 English Methods . 394.4.2 Chinese Methods and Standardization of Assimilating Legal Loanwords 40Chapter Five Conclusion . 48Bibliography . 50viiviiiChapter OneIntroduction1.1 A Survey of the Study at Home and AbroadA
26、 very common phenomenon of lexicon in a language is borrowing words fromother languages. Especially in our modern global situation, most languages are notcompletely free from the borrowed words. The words which are borrowed from otherlanguages are called loanwords.There were only 35,000 English word
27、s in the archaic English (1100 A.D.).(GerryKnowles, 2004:29) In 1700, English vocabulary rose to 125,000. In 1934, the totalvocabulary in Websters Second New International Dictionary of the EnglishLanguage was 600,000. And in the following third edition, 100,000 new words hadbeen added. According to
28、 the conservative data, current English vocabulary hasreached up more than 1,000,000. Obviously, loanwords, as the most important aspectof new words, will surely grow faster and faster with the development of society（宣佳元, 2006:156-157）.In modern English, 80% of words are loanwords from French,Latin,
29、 German, Spanish, Portuguese, Dutch, Arabian, Chinese,etc. (WebstersDictionary of American English, 1997). Many linguists and scholars fully andadequately study loanwords in English.Loanwords in Chinese have a long history. There are a big number of loanwordsborrowed from other languages. For exampl
30、e, the single-syllable words, doublesyllable words and multi-syllable words (单，双，多音节词)are the basic structures offorming a new word in Chinese vocabulary. Initially, the format of Chinese characteris the independent single-syllable word as its main form. In Chinese archaism, thesingle-syllable chara
31、cter is the basis of Chinese. The number of Chinese characters inJiaguwen(甲骨文)is about 3,500. Kangxizidian (康熙字典) of Qin Dynasty has47,035 Chinese characters. Ciyuan (词源,1988) collects 12,890 Chinese charactersand 84,130 Chinese words.Cihai (辞海,1988) collects 16,534 characters and 120,000words.Hanyi
32、ngzidian ( 汉 英 词 典 ,1979)collects 6,000 characters and 50,000words.Hanyingdacidian (汉英大词典,1993) collects 11,000 characters and 220,000words( including 20,000 new words in recent 10 years). According to the statisticsfrom the language data of 1,800,000 characters in Xiandaihanyupinlucidian (现代汉语频率词典)
33、，of 31,159 Chinese words, the single-syllable characters are 3,751 whichare 12%; the double-syllable words are 22,941 which are 73.6% and the multi-syllablewords are 4,467 which are 14.3%. Namely, in modern Chinese, common charactersare about 4,000 while the common use of Chinese words is based on t
34、hedouble-syllable compounding words. From the above, it is demonstrated that, duringdevelopment of Chinese language, the influence of loanwords is existed objectivelyfrom the change of single-syllable words to the change of double-syllables andmulti-syllable words. In the last two decades of the twe
35、ntieth century, studies onloanwords in Chinese have achieved remarkable progress. Two dictionaries ofloanwords in Chinese have been compiled, Hanyuwailaicicidian (汉语外来词词典,1984) by Liu Zhengyan and his collaborators and Hanyuwailaiyucidian (汉语外来语词 典 , 1990 )by Cen Qixiang. Several monographs have bee
36、n published. Theformation of Modern Chinese Lexicon and its Evolution Toward a National Language:The Period from 1840 to 1898 by Federico Masini(1993)(黄河清译，1997）andLoanwords in Chinese by Shi Youwei(2000) are two of them (史有为,2003).As a well-known scholar Ji Xianlin said, “The study of loanwords in
37、China israther disappointing. Very few scholars are content to do careful research on them andmonographs and dictionaries on loanwords are of rather limited number.” (史有为,2003:2-3)Study on legal loanwords is a very important part in the study of language. It isnot adequately studied by both linguists and lawyers. Linguists think that it is thelawyers concern for they are lack of legal knowledge. On the other hand, lawyersnever regard it as their legal concern to pay any attention. A few books and researchpapers have been published studying the legal loanwords and legal t