法学专业毕业论文外文翻译--- 新西兰奥特来罗瓦的公正和法律

北京化工大学北方学院NORTH COLLEGE OF BEIJING UNIVERSITY OFCHEMICAL TECHNOLOGY（2011）届本科生毕业设计外文文献翻译题目：半干法烟气脱硫—反应器的优化学院：理工学院专业：应用化学学号： 070105131 姓名：谷东亮指导教师：孟献民老师教研室主任（负责人）：顾明广老师2011 年 5 月 18 日外文文献原稿和译文原稿ABSTRACTThe TURBOSORP process is a dry flue gas cleaning system to remove pollutants like,,mercury,heavy metals, dioxins and furans, and dust. The main principle of this process is tobring flue gas into an intensive contact with calcium hydroxide, open hearth furnace coke, waterand recirculated material in the Turboreactor, which operates as a circulating fluidized bed in themanner of fast fluidization.In 2000 AE&E started a development and research project with the aim to simulate the fluiddynamics of the Turboreactor with a commercially used CFD code. Starting with the developmentof the one-phase simulation the existing reactor geometry was optimized concerning the pressureloss. After this step research activities on a two-phase simulation (gas and solid flow) based on theconcept of Euler-Lagrange should help to better understand the mechanism of solid distribution inthe reactor and to calculate the part of the pressure drop of the fluidized bed depending on thesolids.Among other things the recent results of the start-up phase of a TURBOSORP FGD-plant withoptimized reactor design are described in this paper. As a highlight the Turboreactor pressure losswas reduced by about 20 percent, compared to a conventional reactor design. INTRODUCTIONToday, the application of dry technologies for the cleaning of flue gases of power stations or wasteincineration plants is considered as the state-of-the-art technology. Due to the use of the fluidizedbed technology and of the recirculation of the partially reacted product it hasbeen possible toeliminate prejudices against this technology which were based upon a bad utilisation of the sorbentand low separation performances.Because of the considerably reduced investment costs there is an important market potential for thedry technology in addition to the wet technology. Especially in the field of retrofitting and/orrehabilitation of existing plants the dry technology plays an important role.Presently, various competitors offer dry processes on the market of which the differences in theprocess concept hardly can be discerned. In certain cases, the differences only exist in the planttechnology and in the design of the reactor. Nevertheless, the potential of optimisation aiming atfurther improved desulphurisation performances and at minimum consumption of consumables is not exhausted yet.As state-of-the-art in the field of flue gas desulphurisation removal efficiencies up to 95 % at Ca/Sratiosup to 1.25 can be achieved with this technology without problems. Even in the field of fluegas cleaning after waste incineration plants the emission limits as prescribed by the 17th Decree ofthe German Federal Immission Act (17. BImSchV) can be achieved (see table1.Table 1: Emission regulations for flue gases from waste incineration - EuropeAustrian Energy and Environment AG (AEE), emerged from the traditional companies WaagnerBiro AG and Simmering Graz Pauker AG, was reestablished in July 2002, after a short intermezzowith the German Babcock Borsig Power Group between 1999 and 2002. By way of theTURBOSORPÒ process AEE offers a dry technology for the flue gas desulphurisation and the fluegas cleaning after waste incineration plants. Because of the use of the most up-to-date design tools like e.g. CFD-modeling of critical plant components, AEE is able to provide an optimum design.Additionally, AEE operates a pilot plant where critical operating cases, as for example extreme fluegas compositions, can be simulated duringexperiment.PROCESS TECHNOLOGYIn the TURBOSORPÒ process the flue gas flows through a cylindrical apparatus (fluidized bedreactor) from the bottom to the top. The bed material is made up of solids, consisting of calciumhydroxide, calcium carbonate, the solid reaction products of the flue gas cleaning process, and ashesfrom the combustion process. Fresh and active material, either Ca(OH)2 or CaO, is injected into thereactor while solids, that have already undergone several cycles are recirculated into the reactor(refer to Fig. 1). The term …cycle“ means a complete circulation of the sorbent particles through thewhole plant (Turboreactor, separator, buffering tanks that may be installe.In order to lower the flue gas temperature for achieving an increased desulphurisation capacitywater is injected horizontally or vertically, usually by means of a water nozzle, which is in thevicinity of the flue gas inlet. 6 In addition to the temperature reduction of the flue gas this also leadsto an increase in the relative humidity. Moreover, the wetting of the recirculated sorbents in thereactor makes new and reactive surfaces accessible at the solids particles as product layers whichwere already formed become detached again by thiswetting (refer to Fig. 2.Apart from this activation by means of the water injection a mechanical activation of therecirculated solids particles is also achieved by means of the turbulent flow in the fluidized bedreactor, as the solids particles collide with each other and with the wall. The operating state of thefluidized bed lies within the range of the so-called ²fast fluidized beds², i.e. within the transitionzone to pneumatic conveying.The flue gas inlet of the Turboreactor is designed as a Venturi nozzle. Due to the high flue gasvelocities in the Venturi nozzle the collapse of the fluidized bed and the falling down of solidparticles through the Venturi nozzle is avoided.After the outlet from the Turboreactor the solid particles are separated from the flue gas inaseparator. When using the TURBOSORPÒ process for flue gas desulphurisation either electrostaticprecipitators or fabric filters, preferably with mechanical pre-separators, can be used. When using itfor the cleaning of flue gases of a waste incineration plant, only a fabric filter may be installed. Therecirculation of the separated material in the reactor can be made either pneumatically (fluidizing conveyor) or mechanically (screw conveyor). Fig. 3 shows the process flow diagram of theTURBOSORP process.For the use of the TURBOSORPÒ process within the framework of the flue gas desulphurisationand/or in the field of gas cleaning after waste incineration plants not only the solids separator isdifferent but mainly the operating range of the process.Fig. 4 shows the different applications for the TURBOSORPÒ process. Depending on the relationbetween SO2 and HCl there are three types of applications, the TURBOSORPÒ-FGD (flue gasdesulphurization), the TURBOSORPÒ-FGCB (flue gas cleaning after biomass boilers) and theTURBOSORPÒ-FGCW (flue gas cleaning after waste incinerators).In the TURBOSORPÒ-FGD process the minimum operating temperature depends on the situationof the water dew point of the gas to be cleaned. It is recommended to maintain a minimum distanceof 20 to 25°C from the dew point, which prevents caking or agglomeration of the solids on the wallsin the Turboreactor. The content of chlorine in the flue gas is to be considered as well as thereaction product, which is strongly hygroscopic, and may lead to caking andagglomeration.For the use of the TURBOSORPO-FGCW process in the field of flue gas cleaning after wasteincineration plants the content of chlorine of the flue gas is higher than the content of SO2.Furthermore, in the TURBOSORPO-FGC process open-hearth oven coke (HOC) is injected inaddition to the sorbent containing calcium, which guarantees the separation of dioxins/furans aswell as the separation of the volatile heavy metals like mercury, cadmium, and thallium. In theTURBOSORPO-FGCB process the relation ofwill be between the FGD and the FGCW.The typical range of the operation temperature can be found in Fig. 5. The exact temperaturedepends also on the relative humidity, the fly ash input into the process and the demandedseparation efficiency for the.The product of the TURBOSORPO-FGD process can be dumped in a landfill for non-hazardouswaste without further treatment. Stabilized product can also be used for special building purposeslike sound insulation or the final covering of landfills.The product from the TURBOSORPO-FGBC or FGCW process can be dumped in a landfill fornon-hazardous waste only after a further stabilization which is required because of the mobilizationof the heavy metals that would occur otherwise.CFD-SIMULATIONThe design and optimization of circulating fluidized beds is still a challenging task. To get a betterunderstanding of the behavior of the multi-phase flow inside the reactor, the application ofComputational Fluid Dynamics (CFD) can be a helpful tool. For the optimization and theinvestigation of the TURBOSORPO process, a research project was started in the year 2000 incooperation of Austrian Energy and Environment and the University ofLeoben to perform CFDsimulationsof this process.The following milestones were fixed for the research project:·Development of a strategy to simulate the two-phase flow of solids and flue gases forengineering purposes.· Consideration of the heat transfer between the solids and the gas.· Extension of the model to describe the three-phase flow of gas, solids, and water.· Modeling the evaporation of the water droplets and the drying of the agglomerates. Currently, the third point in the project schedule has been reached.Theoretical backgroundWe use the commercial CFD-Software FIRE 7.3, of AVL-List GmbH. The program is a generalpurpose CFD-software package and it uses the finite-volume method to simulate fluid systems. Thesolution domain is subdivided into a finite number of volume elements. To each volume element,the conservation equation for mass, momentum, energy andadditional parameters of the flow field(e.g. species concentration) are applied.To take into account the turbulence of the gas flow, the k-e two-equation model is used.The description of the multiphase flow is based on the Euler-Lagrange approach. While the gasphase is treated as a continuous fluid, the solid particles and liquid droplets are represented by anumber of numerical particles. The motion of the numerical particles is calculated by solvingLagrangian equations of motions in accordance with Newton’s Second Law. The interactionbetween the continuous and the dispersed phase is considered by two-way coupling.The application of the Euler-Lagrange approach to simulate multi-phase flow in circulatingfluidized beds is somewhat untypical, because it is valid only for dilute flows. Nevertheless, due tothe flow regime of fast fluidization up to pneumatic conveying and the very low overallconcentration of solids and water in the reactor, the assumption of a dilute flow is valid, except nearthe solids feed.The advantages of this way of multi-phase flow modeling are the capabilities of a more detaileddescription of the properties of the dispersed phase like size distribution or inter-particle forces.For the application of FIRE, it was necessary to extend the code with usersubroutines for thedescription of particle-wall, particle-particle interaction, solids input and recirculation as well aswater injection. A routine for the modeling of the interaction of solids particles with the waterdroplets and the resulting formation of agglomerates is currently in the test phase.译文摘要半干法烟气是一个用干燥的流体清洗系统来去除烟气污染物如二氧化硫、盐酸、氢氟酸、水银、重金属、二恶英和呋喃、尘土的脱硫过程。

毕业设计（论文）外文文献翻译文献、资料中文题目：强奸罪文献、资料英文题目：文献、资料来源：文献、资料发表（出版）日期：院（部）：专业：法学专业班级：姓名：学号：指导教师：翻译日期： 2017.02.14毕业设计（论文）题目：论强奸罪的犯罪对象专业（方向）：法学专业外文出处：CRIMINAL LAW NEWS.ISSUE 52 FEBRUARY2013.ISSN 1758-843X.外文资料翻译译文强奸罪1.普通法系中的强奸“强奸”一词的字典定义包括对一个人或社区的任何严重破坏性侵犯。

在英国和美国共同法律，“强奸”在传统上描述了一个强迫女人与他性交的男人。

直到第二十世纪后期，通过对他的妻子的丈夫强迫性行为不被认为是强奸，因为一个女人（为了某些目的）不被视为一个独立的法人有权拒绝。

在某些情况下，一个女人被认为是在一个终身性的关系中预先给予了含蓄的知情同意。

然而，在大多数西方国家，现代刑法已经立法禁止这种例外，现在包括婚内强奸和性暴力的阴道性交以外的行为，如强迫性行为，这是在传统上禁止鸡奸法，在他们的定义中的“强奸”。

因此，“强奸”这个术语有时被认为是“加载”，许多司法管辖区承认，在它的替代，更广泛的类别的性侵犯或性暴力。

在某些司法管辖区，侵犯已被构造为包括在没有得到许可的情况下，将身体分泌物弄在其他人身上。

在某些司法管辖区，这被认为是自动加重的殴击罪（Zarrokh，2007）。

2.暴力强奸罪当暴力行为超出了强奸的本身就成为攻击的一部分，包括身体暴力或威胁的伤害，死亡威胁或威胁对家庭成员，该罪行被称为暴力强奸。

暴力强奸的罪行可能由陌生人或者甚至是受害者认识的人犯下，研究表明，这种类型的强奸是最常见的报道(Bachman and Saltzman, 1995)。

3.美国的强奸强奸的法律定义在州与州之间是不同的，但是尽管如此，强奸通常被定义为强迫或者非自愿的性交。

强奸可以通过恐吓、伤害的威胁和/或实际的暴力来完成。

外文翻译原文：Constructs of Justice: Beyond Civil Litigation Of：Alan J. Tomkins andKimberly ApplequistProminent justice theories, that is, distributive, procedural, restorative, and retributive justice.Briefly, distributive justice is concerned primarily with the perceived fairness of the outcome of a given proceeding, whether that proceeding is judicial, quasi judicial or entirely non-judicial in nature. Procedural justice, in contrast, is concerned with whether the procedures used in a given process are considered fair by the participants, and is similarly not restricted to judicial settings. Restorative justice is concerned, as the name implies, with restoring an injured party to his or her pre-injury state and helping the injuring party recognize and redress the injurious nature of his or her acts. Finally, retributive justice looks at the psychology of responding to harms that have been inflicted. Recent research indicates that retributive and restorative justice principles are, as with the distributive and procedural justice contexts, applicable outside the judicial context.Justice constructs as well as the numbers, their boundaries, etc. For purposes of this rely on the constructs of justice used by Tom Tyler, by far the most prolific and important of modern justice scholars, and his colleagues in their book, Social Justice in a Diverse Society.Constructs of Justice: Beyond Civil Litigation 259 distribution of resources among competing parties, while a need-based allocation might result in a previously disadvantaged party receiving a larger share of the resources, and an efficiency-based allocation might call for distributing a larger share to those parties that produce the most. In a given situation, then, how might one decide which principle(s) should be applied to make an appropriate allocation determination? There is, perhaps not surprisingly, some dispute about this. Rawls himself felt that the principles apply in some sort of orderly hierarchy, but others have argued that people may use most or allof the principles to some degree, depending on the given situation . Research in the area of distributive justice also suggests that there may be differences in priority for people of different demographic groups. Gender, race, and cultural background can all affect distribution prioritization, as can cognitive processes such as attributions.Given the principles that appear to be at work in the distributive justice construct, then, it is not difficult to see how research in this area could tell us much not only about civil justice in courtroom settings, but also about legislative decisions that regulate courtroom outcomes or allocate resources directly. Distributive justice principles would be particularly valuable to examine public satisfaction with administrative agency decision-making, which regulates so much activity in American society, particularly with respect to the allocation or distribution of resources.Procedural Justice Perhaps somewhat surprisingly, distributive justice principles are often less important to disputants than other factors when individuals are asked to evaluate their overall satisfaction with the resolution of some dispute or resource allocation. In many instances, procedural justice principles carry greater weight than distributive outcome measures like equity or equality in determining the overall level of satisfaction for parties to a dispute. In other words, individuals who view the dispute resolution process as fair are often more willing to accept outcomes that are objectively less equal or equitable. Starting with early research by John, a social psychologist, and Laurens Walker, a law professor, into procedural justice, the role of perceptions of procedural justice has been and continues to be a major focus for researchers. Indeed, research into the interactive roles of procedural 260 A. J. Tomkins, K. Applequist and distributive justice indicates that a sense of procedural justice is usually more important than a sense of distributive justice in determining whether an outcome or distribution allocation is likely to be accepted by the parties to a dispute.Procedural justice, as the name implies, focuses on whether the procedures used to make an allocation determination are fair, without regard to the actual outcome. Tyler identifies four key factors that individuals weigh when determining whether a proceeding is procedurally fair: fairness and neutrality of the decision maker;opportunity to present one’s side of the dispute; trustworthiness of the decision maker; and respectful treatment of all parties during the course of the proceedings.Perhaps least surprising among the four components of procedural justice is the requirement that the decision maker be perceived as neutral. Although it might seem reasonable that one would prefer to have a dispute heard by a judge known to be biased in favor of the claimant’s position,2 it is also the case that no one would want to have a matter resolved by a decisionmaker known to be biased against the claimant. Thus, it is important that the decisionmaker be perceived as neutral by all parties to a dispute in order to prevent either party from feeling that justice has suffered due to the decisionmaker’s bias.As important as the neutrality of the decisionmaker is the opportunity to present one’s side of the dispute in front of that neutral decisionmaker.Research indicates that the opportunity to voice one’s position is critical to the overall perception of procedural justice. Indeed, there are reports of instances where even though a party has received everything sought in a dispute, he or she nevertheless reports frustration with the proceedings due to the denial of the opportunity to fully tell his or her story. Tyler reports defendants’ dissatisfaction with a traffic court judge who routinely dismissed the tickets of those who appeared in court to contest them. The judge reasoned that if the defendants had taken the time off their jobs to come to court to fight the matter, they had been sufficiently punished for whatever infraction they might have been charged with. Although the outcome manifestly favored those who contested their traffic tickets, the defendants frequently reported that they felt frustrated with the outcome because they were not given the opportunity to present their case before the decision was rendered. Many of them had gone to some lengths to prepare their case–taking pictures of the scene or arranging witnesses – only to have all charges dropped before they could tell their side of the story. Despite the positive distributive outcome, they were disturbed by the fact that their voice was not heard.Related but not identical to the neutrality of the decisionmaker is his, her, or their trustworthiness. A biased decisionmaker by definition will not be deemed trustworthyby all parties to a dispute, but neutrality does not guaranteeIndeed, this common sentiment is the inspiration behind a t-shirt that is popular among litigators, which reads, ‘A good lawyer knows the law; a great lawyer knows the judge.’Constructs of Justice: Beyond Civil Litigation 261 trustworthiness. Rather, the decisionmaker must be an individual or group whom the parties believe will apply any relevant laws, rules, or other decisionmaking principles in an appropriate and consistent manner to oversee the proceedings and arrive at his, her, or their decision(s). Trustworthiness also has implications for legitimacy in governmental actions.As part of their in-depth analysis of a restorative justice dialogue that arose from the robbing of an Israeli woman by two Palestinian boys, Umbreit and Ritter articulate six elements to a restorative justice dialogue. First, everyone who was directly affected by the crime should be encouraged to participate in the dialogue. Second, the victim and the offender should be able to choose family members and or support persons to be present, if they desire.Constructs of Justice: Beyond Civil Litigation 263Third, critically, participation in the dialogue must be voluntary by all parties.Fourth, the process of the dialogue should be adapted to the needs of both the victim and the offender. Fifth, extra deference should be shown to the victim, but the offender should still be treated with respect. And sixth, all of the primary parties to the dialogue should be prepared in advance through in-person meetings with some mediator facilitator prior to the dialogue.While the concept of restorative justice is relatively new to American courts,similar principles can be found in many traditional or historical societies.Gray-Kanatiiosh and Lauderdale discuss the use of restorative principles in Native American societies as a way of maintaining balance within the society.They argue that, rather than exerting control through‘stricter laws, more law enforcement officers, and increased funding’as a way to decrease crime inNative American communities, the money would be better spent restoringa multidimensional web of justiceby identifying, understanding and, where possible,re-creating traditional cultural social practices and structures to maintain social balance, diversity, and harmony within their societies.The web of justice they describe includes preventative as well as restorative mechanisms that together function to maintain justice, at least justice as fairness.More recent research in the area of restorative justice has expanded from the criminal law context to applying the principles of restorative justice in other areas. One such area is that of civil litigation. Civil litigation, and more particularly tort litigation, is generally intended to redress some injury that results from the intentional or negligent acts or omissions of another. Such cases can range from the deliberate injury of one person by another, to medical malpractice, to the notorious slip-and-fall case. Similarly, in breach of contract litigation, a party generally alleges that it has been injured due to the other party’s failure to perform under the terms of the contract, entitling the nonbreaching party to damages or other equitable relief. In both types of lawsuit, the injured party sues in order to be made whole for his or her injury. Yet, is the civil litigation process, with its monetary verdicts, the best recompense for an injury?Greene’s chapter in this volume is an example of the application of restorative justice in the civil justice arena. As Greene points out, the civil litigation experience can be very unpleasant for all the participants, and can ultimately leave even successful litigants feeling unsatisfied. This lack of satisfaction may stem from a number of factors, including the length of time required for the process, its costs –which include time away from work or loved ones and emotional toll in addition to legal fees and court costs and various other frustrations.Greene explores the therapeutic and especially the counter therapeutic effects of litigation. Drawing on procedural justice theory, she argues both plaintiffs and defendants in tort litigation may gain some measure of satisfaction from being able to voice their side of the story and from being treated fairly 264 A. J.Tomkins, K. Applequist and respectfully. On the other hand, the lengthy and often acrimonious process of litigation, which may stretch out for a considerable period of time and usually results at most in the exchange of monetary compensation, often without theactual dispute being heard by the court, may actually have a counter-therapeutic effect in terms of prolonging the suffering of both parties and worsening the physical and mental health and well-being of the injured party. It is for these reasons that Greene argues for adoption of a restorative justice approach to tort litigation, as its emphasis is upon speedy resolution to disputes and providing the parties an opportunity to talk through the injury and its impacts and explain their respective sides of the story. The hope is that by encouraging out-of-court resolution, the parties will find it more satisfying and allow them to move past the dispute or incident that led to the initial conflict.翻译：司法构造：超越民事诉讼作者：Alan J. Tomkins /Kimberly Applequist突出的正义理论，即，分配，程序，恢复性和报复性的正义。

法学英文文献在法学领域，英文文献是研究和学习的重要资源。

以下是一些关于法学的英文文献综述。

1. "The Development of Environmental Law: A Comparative Analysis" - 本文综述了环境法的发展，探讨了不同国家环境法的异同，并对环境法的未来趋势进行了展望。

2. "The Evolution of Corporate Governance: A Global Perspective" - 本文回顾了公司治理结构的演变，探讨了不同国家和地区公司治理的差异，并分析了公司治理对企业发展的重要性。

3. "Human Rights Law: A Comprehensive Analy sis" - 本文对人权法进行了全面的分析，包括人权法的起源、发展、主要的人权公约以及人权法在实践中的应用。

4. "Intellectual Property Law: Key Issues and Ch allenges" - 本文讨论了知识产权法的重要问题和挑战，包括专利、商标、版权的保护范围、侵权行为以及知识产权的国际保护。

5. "Comparative Constitutional Law: A Study of Selected Countries" - 本文比较了不同国家的宪法法律制度，包括宪法的基本原则、权力机构的设置以及宪法的解释和适用。

6. "Criminal Law: Theory and Practice" - 本文综述了刑法的基本理论，包括犯罪、刑事责任、刑罚等概念，并分析了刑法在实践中的应用和挑战。

7. "Family Law: Trends and Reforms" - 本文讨论了家庭法的趋势和改革，包括婚姻、离婚、抚养权、家庭暴力等问题，并分析了不同国家和地区家庭法的差异。

法学专业论文文献外文有哪些法学论文外文参考文献(一)[1]范愉.司法制度概论[M].北京:中国人民大学出版社,XX:23.[2]付子堂.法律功能论].北京:华夏出版社,1989,:353.[4]王利明.法治的社会需要司法公正[M].北京:法制出版社,XX.[5]程竹汝.司法改革与政治发展[M].北京:中国社会科学出版社,XX:5.[6]张晋藩.中国法律的传统和近代转型[M].北京:法律出版社,XX.[7]董必武.董必武政治法律文集[M]北京:法院出版社,1982.[8]罗.庞德.通过法律的社会控制､法律的任务[M]北京:商务印书馆,1984:8-9.[9]孟德斯鸠.论法的精神[M]北京:商务印书馆,1982:154.[10]庞德.通过法律的社会控制､法律的任务[M]北京:商务印书馆,1984:42.[11]孙万胜.司法权的法理之维[M]北京:法律出版社,XX:134.[12]苏力.送法下乡一中国基层司法制度研究[M].北京:中国政法大学出版社,XX:200.[13]范偷.纠纷解决的理论与实践[M].北京:清华大学出版社,XX:547-555.[14]田有成.乡土社会的民间法[M].北京:法律出版社,XX:4.[15]顾培东.构建和谐社会背景下的纠纷解决之道[M].北京:中国政法大学,XX:1.法学论文外文参考文献(二)1.沈跃东:《乡镇人民政.府环境保护职权的法规范分》,《法治研究》XX年第3期。

2.徐亚文:《口述历史与法律》,《中.共青岛市.委党校.青岛行政学院学报》XX年第1期。

3.陈瑞华:《从经验到理论的法学方法》,《法学研究》XX年第6期。

4.薛以胜:《法学研究方法初探》,《科技信息》XX年第3期。

5.崔二玲:《浅析法律方法》,《法制与社会》XX年第1期。

6.罗旭南:《法学方法多样化在中国法律史教学中的适用》,《海南大学学报》(文社会科学版)XX年第4期。

7.刘颖:《法学方法与法律方法的耦合》,《中南林业科技大学学报》(社会科学版)XX年第4期。

外文原文(一)Savigny and his Anglo-American Disciple s*M. H. HoeflichFriedrich Carl von Savigny, nobleman, law reformer, champion of the revived German professoriate, and founder of the Historical School of jurisprudence, not only helped to revolutionize the study of law and legal institutions in Germany and in other civil law countries, but also exercised a profound influence on many of the most creative jurists and legal scholars in England and the United States. Nevertheless, tracing the influence of an individual is always a difficult task. It is especially difficult as regards Savigny and the approach to law and legal sources propounded by the Historical School. This difficulty arises, in part, because Savigny was not alone in adopting this approach. Hugo, for instance, espoused quite similar ideas in Germany; George Long echoed many of these concepts in England during the 1850s, and, of course, Sir Henry Sumner Maine also espoused many of these same concepts central to historical jurisprudence in England in the 1860s and 1870s. Thus, when one looks at the doctrinal writings of British and American jurists and legal scholars in the period before 1875, it is often impossible to say with any certainty that a particular idea which sounds very much the sort of thing that might, indeed, have been derived from Savigny's works, was, in fact, so derived. It is possible, nevertheless, to trace much of the influence of Savigny and his legal writings in the United States and in Great Britain during this period with some certainty because so great was his fame and so great was the respect accorded to his published work that explicit references to him and to his work abound in the doctrinal writing of this period, as well as in actual law cases in the courts. Thus, Max Gutzwiller, in his classic study Der einfluss Savignys auf die Entwicklung des International privatrechts, was able to show how Savigny's ideas on conflict of laws influenced such English and American scholars as Story, Phillimore, Burge, and Dicey. Similarly, Andreas Schwarz, in his "Einflusse Deutscher Zivilistik im Auslande," briefly sketched Savigny's influence upon John Austin, Frederick Pollock, and James Bryce. In this article I wish to examine Savigny's influence over a broader spectrum and to draw a picture of his general fame and reputation both in Britain and in the United States as the leading Romanist, legal historian, and German legal academic of his day. The picture of this Anglo-American respect accorded to Savigny and the historical school of jurisprudence which emerges from these sources is fascinating. It sheds light not only upon Savigny’s trans-channel, trans-Atlantic fame, but also upon the extraordinarily*M.H.Hoeflich, Savigny and his Anglo-American Disciples, American Journal of Comparative Law, vol.37, No.1, 1989.cosmopolitan outlook of many of the leading American and English jurists of the time. Of course, when one sets out to trace the influence of a particular individual and his work, it is necessary to demonstrate, if possible, precisely how knowledge of the man and his work was transmitted. In the case of Savigny and his work on Roman law and ideas of historical jurisprudence, there were three principal modes of transmission. First, there was the direct influence he exercised through his contacts with American lawyers and scholars. Second, there was the influence he exercised through his books. Third, there was the influence he exerted indirectly through intermediate scholars and their works. Let us examine each mode separately.I.INFLUENCE OF THE TRANSLATED WORKSWhile American and British interest in German legal scholarship was high in the antebellum period, the number of American and English jurists who could read German fluently was relatively low. Even those who borrowed from the Germans, for instance, Joseph Story, most often had to depend upon translations. It is thus quite important that Savigny’s works were amongst the most frequently translated into English, both in the United States and in Great Britain. His most influential early work, the Vom Beruf unserer Zeitfur Rechtsgeschichte und Gestzgebung, was translated into English by Abraham Hayward and published in London in 1831. Two years earlier the first volume of his History of Roman Law in the Middle Ages was translated by Cathcart and published in Edinburgh. In 1830, as well, a French translation was published at Paris. Sir Erskine Perry's translation of Savigny's Treatise on Possession was published in London in 1848. This was followed by Archibald Brown's epitome of the treatise on possession in 1872 and Rattigan's translation of the second volume of the System as Jural Relations or the Law of Persons in 1884. Guthrie published a translation of the seventh volume of the System as Private International Law at Edinburgh in 1869. Indeed, two English translations were even published in the far flung corners of the British Raj. A translation of the first volume of the System was published by William Holloway at Madras in 1867 and the volume on possession was translated by Kelleher and published at Calcutta in 1888. Thus, the determined English-speaking scholar had ample access to Savigny's works throughout the nineteenth century.Equally important for the dissemination of Savigny's ideas were those books and articles published in English that explained and analyzed his works. A number of these must have played an important role in this process. One of the earliest of these is John Reddie's Historical Notices of the Roman law and of the Progress of its Study in Germany, published at Edinburgh in 1826. Reddie was a noted Scots jurist and held the Gottingen J.U.D. The book, significantly, is dedicated to Gustav Hugo. It is of that genre known as an external history of Roman law-not so much a history of substantive Roman legal doctrine but rather a historyof Roman legal institutions and of the study of Roman law from antiquity through the nineteenth century. It is very much a polemic for the study of Roman law and for the Historical School. It imparts to the reader the excitement of Savigny and his followers about the study of law historically and it is clear that no reader of the work could possibly be left unmoved. It is, in short, the first work of public relations in English on behalf of Savigny and his ideas.Having mentioned Reddie's promotion of Savigny and the Historical School, it is important to understand the level of excitement with which things Roman and especially Roman law were greeted during this period. Many of the finest American jurists were attracted-to use Peter Stein's term-to Roman and Civil law, but attracted in a way that, at times, seems to have been more enthusiastic than intellectual. Similarly, Roman and Civil law excited much interest in Great Britain, as illustrated by the distinctly Roman influence to be found in the work of John Austin. The attraction of Roman and Civil law can be illustrated and best understood, perhaps, in the context of the publicity and excitement in the English-speaking world surrounding the discovery of the only complete manuscript of the classical Roman jurist Gaius' Institutes in Italy in 1816 by the ancient historian and German consul at Rome, B.G. Niebuhr. Niebuhr, the greatest ancient historian of his time, turned to Savigny for help with the Gaius manuscript (indeed, it was Savigny who recognized the manuscript for what it was) and, almost immediately, the books and journals-not just law journals by any means-were filled with accounts of the discovery, its importance to legal historical studies, and, of course, what it said. For instance, the second volume of the American Jurist contains a long article on the civil law by the scholarly Boston lawyer and classicist, John Pickering. The first quarter of the article is a gushing account of the discovery and first publication of the Gaius manuscript and a paean to Niebuhr and Savigny for their role in this. Similarly, in an article published in the London Law Magazine in 1829 on the civil law, the author contemptuously refers to a certain professor who continued to tell his students that the text of Gaius' Institutes was lost for all time. What could better show his ignorance of all things legal and literary than to be unaware of Niebuhr's great discovery?Another example of this reaction to the discovery of the Gaius palimpsest is to be found in David Irving's Introduction to the Study of the Civil Law. This volume is also more a history of Roman legal scholarship and sources than a study of substantive Roman law. Its pages are filled with references to Savigny's Geschichte and its approach clearly reflects the influence of the Historical School. Indeed, Irving speaks of Savigny's work as "one of the most remarkable productions of the age." He must have been truly impressed with German scholarship and must also have been able to convince the Faculty of Advocates, forwhom he was librarian, of the worth of German scholarship, for in 1820 the Faculty sent him to Gottingen so that he might study their law libraries. Irving devotes several pages of his elementary textbook on Roman law to the praise of the "remarkable" discovery of the Gaius palimpsest. He traces the discovery of the text by Niebuhr and Savigny in language that would have befitted an adventure tale. He elaborates on the various labors required to produce a new edition of the text and was particularly impressed by the use of a then new chemical process to make the under text of the palimpsest visible. He speaks of the reception of the new text as being greeted with "ardor and exultation" strong words for those who spend their lives amidst the "musty tomes" of the Roman law.This excitement over the Verona Gaius is really rather strange. Much of the substance of the Gaius text was already known to legal historians and civil lawyers from its incorporation into Justinian's Institutes and so, from a substantive legal perspective, the find was not crucial. The Gaius did provide new information on Roman procedural rules and it did also provide additional information for those scholars attempting to reconstruct pre-Justinianic Roman law. Nevertheless, these contributions alone seem hardly able to justify the excitement the discovery caused. Instead, I think that the Verona Gaius discovery simply hit a chord in the literary and legal community much the same as did the discovery of the Rosetta Stone or of Schliemann’s Troy. Here was a monument of a great civilization brought newly to light and able to be read for the first time in millenia. And just as the Rosetta Stone helped to establish the modern discipline of Egyptology and Schliemann's discoveries assured the development of classical archaeology as a modern academic discipline, the discovery of the Verona Gaius added to the attraction Roman law held for scholars and for lawyers, even amongst those who were not Romanists by profession. Ancillary to this, the discovery and publication of the Gaius manuscript also added to the fame of the two principals involved in the discovery, Niebuhr and Savigny. What this meant in the English-speaking world is that even those who could not or did not wish to read Savigny's technical works knew of him as one of the discoverers of the Gaius text. This fame itself may well have helped in spreading Savigny's legal and philosophical ideas, for, I would suggest, the Gaius "connection" may well have disposed people to read other of Savigny's writings, unconnected to the Gaius, because they were already familiar with his name.Another example of an English-speaking promoter of Savigny is Luther Stearns Cushing, a noted Boston lawyer who lectured on Roman law at the Harvard Law School in 1848-49 and again in 1851- 1852.Cushing published his lectures at Boston in 1854 under the title An Introduction to the Study of Roman Law. He devoted a full chapter to a description of the historical school and to the controversy betweenSavigny and Thibaut over codification. While Cushing attempted to portray fairly the arguments of both sides, he left no doubt as to his preference for Savigny's approach:The labors of the historical school have established an entirely new and distinct era in the study of the Roman jurisprudence; and though these writers cannot be said to have thrown their predecessors into the shade, it seems to be generally admitted, that almost every branch of the Roman law has received some important modification at their hands, and that a knowledge of their writings, to some extent, at least, is essentially necessary to its acquisition.译文(一)萨维尼和他的英美信徒们*M·H·豪弗里奇弗雷德里奇·卡尔·冯·萨维尼出身贵族，是一位出色的法律改革家，也是一位倡导重建德国教授协会的拥护者，还是历史法学派的创建人之一。

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fiat justitia ruat caelum解释-概述说明以及解释1.引言1.1 概述：“fiat justitia ruat caelum”是一句拉丁文，字面意思是“愿公正击倒天空”。

这句话的含义是指，无论代价如何，公正与正义都应该得到维护和实现。

它强调了正义的重要性，并暗示了它的力量可以战胜一切困难和障碍。

在本文中，我们将深入探讨这句古老的格言的词源解析、历史背景、意义与应用，以及对于现代社会的重要性及未来的展望。

我们希望通过对这句格言的深入探讨，让读者对正义和公正有更深入的理解，同时也能够启发人们在日常生活中积极追求公正和正义。

1.2 文章结构文章结构部分旨在介绍本文的整体架构，让读者对接下来的内容有一个清晰的了解。

本文主要分为引言、正文和结论三个部分。

在引言部分，将会对文章的主题进行概述，解释fiat justitia ruat caelum这一拉丁短语的含义。

同时，还会介绍文章的结构和目的，为接下来的内容铺设基础。

在正文部分，我们将从词源解析、历史背景和意义与应用三个方面对fiat justitia ruat caelum进行深入探讨。

词源解析将帮助读者理解这一短语的字面意思和背后的文化内涵，历史背景则会带领读者回溯到短语出现以来的演变过程，探寻其起源和演变。

最后，意义与应用部分将探讨这一短语在法律与正义领域的重要性和实际应用，展示其在现实生活中的意义和影响。

最后，在结论部分，将对本文的要点进行总结，并探讨fiat justitia ruat caelum的实践意义和未来的发展前景。

希望通过本文的阐述，读者能对这一拉丁短语有更深入的了解，同时也能对法律与正义的重要性有更深刻的认识。

1.3 目的目的部分:文章的目的在于探讨拉丁格言"fiat justitia ruat caelum"的意义和应用。

通过词源解析和历史背景的介绍，我们将深入理解这句格言的含义，探讨其在司法、社会和人类价值观方面的重要性。

法律重要的原因英语作文1Law plays an indispensable role in our society. It serves as the cornerstone for maintaining social order, ensuring fairness and justice, and promoting economic development.Firstly, law is crucial for maintaining social order. It provides clear rules and regulations that govern people's behaviors. For instance, traffic laws stipulate how we should drive on the roads to prevent chaos and accidents. Laws against vandalism and theft safeguard public properties and keep our communities safe and orderly.Secondly, law is essential for ensuring fairness and justice. It offers a standardized framework to judge disputes and conflicts. In the field of business, laws regulate commercial activities, ensuring fair competition among enterprises. This helps to create a level playing field and promotes economic growth in a stable manner.Moreover, law plays a vital role in punishing criminal acts. It protects citizens' personal and property safety. When criminals are brought to justice in accordance with the law, it deters potential wrongdoers and maintains social stability and harmony.In conclusion, law is of paramount importance as it provides the necessary framework for a civilized, orderly, and prosperous society. Wemust respect and abide by the law to enjoy its benefits and contribute to the common good.2Law plays an indispensable role in our society, safeguarding the rights and freedoms of individuals while maintaining social order and stability. The importance of law becomes particularly evident in various scenarios.During the pandemic, for instance, laws were enacted to ensure public health and safety. Mandatory mask-wearing, social distancing measures, and restrictions on large gatherings were implemented. These laws, though imposing certain constraints on personal freedom, were crucial for protecting the well-being of the entire community. They prevented the rapid spread of the virus and saved countless lives. At the same time, laws also ensured that individual reasonable freedoms were respected. For example, people were still allowed to go outdoors for essential activities and to express their opinions within legal boundaries.In the digital age, the significance of law is no less. The internet has brought about rapid information dissemination, but it has also raised issues such as the spread of false information and violations of privacy. Laws regulating information dissemination help maintain a reliable and trustworthy online environment. They protect citizens' right to privacy and ensure that their personal information is not misused. At the same time, laws also guarantee the freedom of speech on the internet, allowing peopleto express their views and opinions freely as long as they do not violate the law or harm the rights of others.In conclusion, law is not only a restraint but also a protection. It strikes a balance between individual freedom and social interests, creating a harmonious and orderly society. We should respect and abide by the law to enjoy the benefits it brings.3Law plays an indispensable role in our modern world, especially in international interactions. It serves as the bedrock that maintains order and justice among nations. Take international trade as an example. In this complex and vast field, legal norms act as a reliable safeguard for the legitimate rights and interests of various countries. Without clear and enforceable laws, trade disputes would arise frequently, causing chaos and losses. For instance, when it comes to intellectual property protection, specific legal provisions ensure that innovative products and technologies are properly protected, encouraging the exchange and development of advanced knowledge.Furthermore, in the resolution of international disputes, the authority and impartiality of the law are of paramount importance. When conflicts occur between countries over territorial or resource issues, the application of international law provides a peaceful and rational way to solve the problem. It prevents the escalation of conflicts into violent confrontationsand maintains global stability. For instance, the disputes over maritime boundaries have been addressed through legal means, based on established international maritime law.In conclusion, law is not only a tool for governance but also a guarantee for the smooth progress of international cooperation and communication. Its significance lies in providing a stable and predictable framework, allowing different countries to interact and develop on an equal and just basis.4Law is of paramount importance in our society as it serves as the cornerstone for maintaining order, promoting fairness, and driving social progress. One of the significant roles of law is in facilitating educational equity and safeguarding citizens' right to education. For instance, laws ensure that all children, regardless of their background or economic status, have access to quality education. This not only empowers individuals but also enriches the entire society by cultivating a well-educated workforce that can contribute to various fields and drive economic growth.Another area where law plays a crucial role is environmental protection and sustainable development. Laws impose strict regulations on industries to control pollution emissions and promote the use of renewable resources. Through these measures, we are able to preserve our natural environment for future generations. For example, laws may requirefactories to install advanced filtration systems to reduce harmful substances released into the air and water.In conclusion, law is not just a set of rules but a powerful force that shapes a civilized and prosperous society. It provides a framework within which people can live peacefully, pursue their dreams, and contribute to the common good. Without the guidance and enforcement of law, chaos and injustice would prevail, hindering our progress towards a better world.5Law plays an indispensable role in our society. It is not merely a set of rules but a powerful force that shapes our moral and value systems. Laws guide citizens to adhere to social morality and cultivate a sense of integrity. For instance, traffic laws require us to follow traffic rules, which not only ensures our own safety but also reflects our respect for the rights and safety of others. This kind of compliance gradually becomes a part of our moral code, making us more responsible and self-disciplined.Moreover, laws punish immoral behaviors, thereby upholding justice and kindness. Consider cases of fraud or theft. When law enforcement steps in and holds the perpetrators accountable, it sends a clear message that such actions are unacceptable. This not only deters potential wrongdoers but also reassures the public that justice will prevail.Laws also contribute to the stability and order of society. They provide a framework within which people can interact and conduct their affairswith confidence. Without the rule of law, chaos and injustice would likely prevail, undermining the very fabric of our communities.In conclusion, the importance of law cannot be overstated. It molds us into ethical and responsible citizens, safeguards fairness and justice, and maintains the harmony and stability of society. We must respect and abide by the law to build a better world for ourselves and future generations.。

Copyright Protection for Artificial IntelligenceCreation1.Introduction在传统的实践中，计算机程序在人类创作作品的过程中通常扮演着辅助工具的角色，作为全新的载体承担代替书写和存储作品的功能，但近年来，人工智能技术的革新改变了这一现状。

所谓人工智能，是指能在人类参与度极低的情况下，能够像人一样perform tasks、think、act、learn、act rationaly（感知、规划、推理、学习、沟通、决策）的智能系统1，从美联社人工智能公司合作开发的人工新闻写作平台Wordsmith的运用，到谷歌人工智能设备DeepDream所生成的绘画拍卖成功，人工智能生成内容逐渐有了近似人类的智力创作的痕迹，并产生相应的经济效益，这对现行的著作权规则提出了新的挑战。

Traditionally, computer program usually played the role of assisting human creation, and as a brand new carrier, assumed the function of replacing writing and storing works. However, in recent years, this situation has been changed by the innovation of artificial intelligence technology. Artificial intelligence refers to intelligent system that can, in the case of very little human involvement, perform tasks, think, act, learn and act rationally just like human being do. From the application of Wordsmith, an artificial news writing platform co-developed by Associate Press artificial intelligence companies, to the successful auction of the painting generated Google artificial intelligence device DeepDream, contents generated by artificial intelligence gradually have with traces of approximate human intelligence creation, and bring about corresponding economic benefits. This poses a new challenge to the existing copyright rules.1See FUTURE of Artificial Intelligence Act of 2017, December 12th, 2017: SEC.3.DEFINITIONS (a) IN GENERAL.—Except as provided in subsection (b), in this Act: (1) ARTIFICIAL INTELLIGENCE.—The term “artificial intelligence” includes the following: (A) Any artificial systems that perform tasks under varying and unpredictable circumstances, without significant human oversight, or that can learn from their experience and improve their performance. Such systems may be developed in computer software, physical handware, or other contexts not yet contemplated. They may solve tasks requiring human-like perception, cognition, planning, learning, communication, or physical action. In general, the more human-like the system within the contxt of its tasks, the more it can be said to use artificial intelligence. (B) Systems that think like humans, such as cognitive architectures and neural networks.(C) Systems that act like humans, such as systems that can pass the Turing test or other conparable test via natural language processing, knowledge representation, automated reasoning, and learning. (D) A set of techniques, including machine learning, that seek to approximate some cognitive task. (E) Systems that act rationally, such as intelligent software agents and embodied robots that achieve goals via perception, planning, reasonging, learning, communicating, decision making, and acting.“作品归于作者”是现代著作权法自诞生以来就确立的原则，作品被视为作者对自身思想和感情的独创性表达，围绕作品产生的权利也只能归属于自然人2。