西南政法大学外语学院学年论文.doc

西南政法大学本科学年论文题目: On the Usage of the Model Verbs “shall” and “shoukT inLegal English 外语 学院 英语（法律经贸方向）专业—级—班学 号 姓 名 指导教师 成 绩 西南政法大学教务处制20 年 月 日指导教师评语:教师签名：20 年 月 日Contents摘要 1Abstract 11. Introduction 32. The Meaning of the Model Verbs of "shall'，and "should，， 33・ Examples and Analyses of the Model Verbs "shall” and "should” in Legal English....53.1 Examples and Analyses of the usage of the "shalT 53.2 Examples and Analyses of the usage of the "should" 74. Methods and Skills of Solving the Confusion of "shall" and "should” in LegalEnglish 85. Conclusion 11摘要在法律英语中，情态动词的使用非常普遍，尤其是“shall”和“should”。

二者的用 法多种多样，令人眼花缭乱，稍有不慎就会陷入滥用的泥沼中，不能自拔，以致损害我 国法律的国际形象，由此造成的严重后果也可能是无法估量的关于“shall”和“should” 的研究，无论是其具体的含义还是实际的使用规范，前人都已做了很多的努力本文认 为在法律英语翻译中，“shall"和“should”两词存在很多的滥用和误用，我将通过一些 英汉立法语篇分析其滥用和混用的实例以及相应的解决之道，以最大程度上提高法律英 语的准确性和我国法律的国际形象关键词：shall； should；情态动词；法律英语AbstractThe usage of the model verbs is ubiquitous in legal English, especially “shall” and “should”. “Sha『 and “should” vary in concrete context. Complicated and confusing meanings in different situation are impeding our legal progress among nations, the more severe of which can cause incalcuable damage. As for the research of “shall” and “should”，numerous endeavors have been done whether concrete meanings or actual usage specification of them. In order to enhance accuracy of legal English and protect our international image of legal process, this paper will continue to explore the meanings of the two words deeply through the analyses of abuse and misuses of them, with putting forward homologous solutions and ways.■Key words: shall; should; model verbs; legal EnglishOn the Usage of the Model Verbs "shall55 and"shoulcT in Legal EnglishLiu JingSchool of Foreign Languages 4011201.IntroductionWith the acceleration of economic globalization and the rapid development of information technology, Legal English Translation plays a nearly indispensable role in being geared to international conventions. In the Legal English Translation, the usage of the model verbs "shalF and “should” stirs the widespread public consciousness・ There are plenty of confusion of the usage of "shalF and "shoulcT in Legal English due to the characteristic of ambiguities. Misusing and overusing of "shall" and "should" are common problems existing in Legal English・ Hence legal disputes are appearing continuously. Chinese scholars' current academic research on the usage of the model verbs "shalF，and “should" is mainly focused on the analysis of correct and false usage. For instance, Chen Zhongcheng( 1992) > Li Kexing(2007)> Xu Guoxing and Sun Shengmao(2003). They observe that "must" orube required to " in English is equal to "必须"in Chinese and "shall" in English is equal to “须"、"应or "应当in Chinese in Legal English Translation. This viewpoint puts the model verbs “shoulcT in a bad position, because the model verbs "should^ can also be translated into"应” or "应当"in Chinese. The translation of Law English is more than a simple equivalence・ Certain of experts of Plain Legal English, like Bryan Garner and Michelle Asprey , indicate that we are supposed to discard the usage of "shall” in Legal English. It is not a way to throw away the apple because of the core・ And what we need is an effective method for research. As such, this paper will explore the profound meaning of the model verbs "shall" and "shoulcT and address the issue of its confusion usage in order to promote accuracy in Legal English Translation.2. The Meaning of the Model Verbs of "shall” and "should"The cultures and systems with dissimilar backgrounds, and the lexical polysemy will affect the interpretation of the words. Similarly, in legal English translation, the meanings of “shall" and nshouldn vary according to different contexts- In case translators do not lay great emphasis on contexts and meanings, the legal disputes will be triggered off by their mistranslations.In accordance with the definition of Oxford Advanced Learners Dictionary 7th Edition, the distinctions between “shall" and “will" tend to disappear nearly and there are almost invisible about the usages of "shall". However, the usages of "shall" are everywhere with complicated and confusing meanings. Black's Law Dictionary, published by West, lauded as the Holy Scripture in the field of law, has five definitions for ushall^ [4 — 5].l.Has a duty to; more broadly, is required to.2.Should ( as often interpreted by courts).3. May ・4. Will ( as a future — tense verb) •5.1s entitled to.“Shall" may refer to mandatory obligation. It can also mean permission and allowance. In specific legal English, it is a disturbing matter for translators to decide whether it is mandatory obligation or a rhetoric・“ShoulcT also has five definitions in the M。