unit 4morality and equality in law

Unit 4 Morality and Equality in Law

广外：法律英语教学团队


Text II Equal Employment Opportunity - To know about the relevant provisions under the Civil Rights Acts of the U.S.A. as to equal employment opportunities

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Text I Law and Morality -To understand the relationship b/t law and morality31

Text III Case Reading - To understand a case related to employment discrimination

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3. conduct a series of reading, speaking and translating activities related to the theme of the unit.

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1. completely understand the definition of morality, the divergences and similarities b/w law and morality, and the close relationship b/w the two;

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Teaching ObjectivesStudents will be able to:31

2. master some important grammatical items (such as “noun + prep. + which”), some related legal terms, and some writing skills as demonstrated in this unit;

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Text I Law and Morality

Terms:

segregation, apartheid, age of discretion, kill sb. with / without malice aforethought, murder / manslaughter, wrong, assault and battery, trespass, nuisance, defamation, negligence, legal capacity

Text I Law and Morality

OutlinePart I. (para. 1-2) Morality: definition,

representations, content, nature, and characteristics

Part II. (para. 3) Law and morality: divergences and similarities

Part III. (para. 4-9) Relationship between law and morality

Understanding of Part I

Part I. (para. 1-2) Morality: definition, representations, content, nature, and characteristics

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Questions for better understanding: Part I

1. What aspects of morality are discussed in Part I?2. How is morality defined in the text?3. What is the purpose of mentioning Emile Durkheim’s

theory of social cohesion in Para. 1, i.e., what relations does it have to the definition or understanding of morality?

4. What are the representations of morality in terms of an undeveloped society and an advanced society?

5. What is the content of morality?6. What is the nature of morality?7. What are the characteristics of morality? 8. Pls identify in Part I other terms which are synonymous

to morality.


MoralityMorality

Part I (para. 1-2)

definition

theory

representations

content

nature

characteristics


Part I. (para. 1-2) Morality: definition, representations, content, nature, and characteristics

definition ‘Morality’ may be defined as a set of beliefs, values, principles and standards of behavior, and such codes are found in all social groups.

expert’s theory / way of understanding of morality Emile Durkheim’s sociological theory / view of social cohesion (Note 1)

Text I Law and Morality:Understanding of Part I

Representations in technologically undeveloped societies, such as small tribal groups, there tends to be a single, consensually held moral code (= a monolithic moral code) to which all members of the group subscribe; in a technologically advanced society (with immense differentiation in terms of social status, income, occupation, ethnic background and so on), it is likely to find a diversity of moral attitudes on all kinds of social and personal issues.

Pay attention to the variety of terms for the same concept: morality = code of morality = moral code = moral attitude = moral rule


Content: Morality embraces much more than sex and violence [ 包括这两者与否 ?]; it is part of dominant ideological currents, whereby dominant beliefs and attitudes conducive to the maintenance of the overall status quo are ‘translated’ into a positive general code involving social attitudes to property, politics and social relationships in general.


Nature: Morality is part of dominant ideological currents, whereby dominant beliefs and attitudes conducive to the maintenance of the overall status quo are ‘translated’ into a positive general code involving social attitudes to property, politics and social relationships in general.


Characteristics: A moral code may not be wholly without its inconsistencies and contradictions. [How do you understand this sentence?]

Examples: Lines 8 – 13, Para. 2 (P65)

Language Points consensually held moral code (= a

monolithic moral code) to which all members of the group subscribe

consensually = mutually subscribe to = give consent or approval to

something written by signing; feel or express a hearty approval; agree to

e.g. He is not yet willing to subscribe to the agreement.

Ok, I subscribe to your opinion.

Language Points

current (n.): a general tendency, movement, or course = tendency [e.g. to go with the current of the times 顺应时代的潮流 ]

conducive to: likely to promote, assist or lead to (a result); contributive

Fresh air / Exercise is conducive to health. We must create an atmosphere conducive to

education. The working conditions here are not

conducive to productivity.

Text I Law and Morality:Understanding of Part II

Part II. (para. 3) Law and morality: divergences and similaritiesA. Sanctions:

law: formal; morality: informal / “social disapproval”

B. Instances of breaching legal and / or moral codes concurrently or exclusively

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Questions for better understanding: Part II

1. What are the sanctions imposed if someone breaks legal rules or moral rules?

2. Can a person break legal rules and moral rules at the same time? If yes, can you give an example to illustrate it?

3. What will the person be subject to if he exceeds the speed limit when he is driving his car?

Understanding of Part II

Part II. (para. 3) Law and morality: divergences and similarities

Law and morality: divergences in terms of

sanctions

law / legal rulesmoral rules

formal / official sate sanctions

informal / social disapproval

Understanding of Part II

Several cases / circumstances:• Immoral yet not unlawful• Unlawful though not immoral• Neither lawful nor moral

Pls list some instances of social disapproval• To shun people • ?

Discussion: For example, neighbors may shun a person whom they have discovered to be engaging in smuggling.

Question: Is smuggling a crime or a immoral behavior or both in China?

Languages Points for Part II back (vt): to provide with financial or moral

help; support or sustain 资助，支持 E.g. Unions backed the pro-labor candidate. I backed Kennedy in 1960. I backed our candidate with a $1,000-a-plate dinner. 以一人 1000 美元的晚餐为我们的候选人打气 . The organization is backed by The U.N.. 该组织由联合国资助。 Will you back me against the others? Don't worry. I will back you up. Her children always backed her up. I can't back this plan. The univ. will back this new project. She supported him during the illness.

Languages Points for Part II

Pay attention to the special usages of some verbal phrases (which can be used in both passive and active voices):

engage in = be engaged in attach to = be attached to relate to = be related to

Text I Law and Morality:Understanding of Part III

Part III. (para. 4-9) Relationship between law and moralityA. (para. 4) Basis of liability in law: moral idea of “blame” or “fault”B. (para. 5) Specific conditions of liability: 4 examples as illustrations: theft, murder and liability in tort and contract lawC. (para. 6-9) General conditions of liability

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Questions based on Part III1. If we subdivide this part into 3 sections, what are the

dividing lines?2. What is the moral basis of liability in law?3. What is the essential difference between general

conditions of liability and specific conditions of liability?4. How many examples are given in this part to illustrate

the general as well as the specific conditions of liability? What are they?

5. What is the essential moral principle based on which some legal sanctions are imposed on a wrongdoer?

6. How does the text summarize the general principles according to which a person shall be subject to legal sanctions?

Understanding of Part III

(para. 4) Basis/Conditions of liability in law: moral idea of “blame” or “fault”

“general considerations of the liability in law” (para. 4) and “conditions of liability” (para. 5): Do they refer to the same thing?

What is the relationship between Para. 4 and Para. 5 in terms of writing?

Understanding of Part III (para. 5) Specific conditions of liability: 4

examples as illustrations: theft, murder and liability in tort and contract law

These two legal rules clearly lay down different conditions which must be proved by the prosecution before liability can follow.

Questions: • Which two legal rules?• to lay down = to specify, to provide (lay down the

rules 制定法规 )• What does “be proved by the prosecution before

liability can follow” indicate in terms of the judicial organs / authorities?

Understanding of Part III Be liable for v. be liable to: Note 6 Try to understand the following legal terms

and then translate them into Chinese. • appropriation; permanently deprive the other of

the property• the age of discretion; within any county of the

realm• any reasonable creature; under the king’s peace• with malice aforethought; the prosecution• Liability; the body of law; the law of tort• civil wrongs; defendant; plaintiff • assault and battery; trespass to land;• Nuisance; defamation; negligence

Understanding of Part III (para. 6-9) General conditions of liability

• 1. A moral principle: blameworthiness• 2. Three examples as illustrations: theft, murder

and voidable contract• 3. General principles summarized in two

propositions: “individual responsibility” and “no liability without fault”

Terms

segregation 种族隔离the policy and practice of imposing the

social separation of races, as in schools, housing, and industry, especially so as to practice discrimination against people of color in a predominantly white society

apartheid ( 南非 ) 种族隔离an official policy of racial segregation

practiced in the Republic of South Africa, involving political, legal, and economic discrimination against nonwhites.

Terms

Appropriation 据为己有a deliberate act of acquisition of something,

often without the permission of the owner 【 appropriate (vt.): To take possession of or make use of exclusively for oneself, often without permission 】据为己有，挪用，窃用

Lee appropriated my unread newspaper and never returned it. 李擅自拿走我尚未阅读的报纸并从不归还

Tom dishonestly appropriated the property belonging to his nephew.

Terms

age of discretion解事责任年龄，具有辨别是非能力的年龄murder 蓄意谋杀kill sb. with malice aforethought ( 恶意预

谋 )manslaughter 过失杀人kill sb. without malice aforethought

Terms wrong 过错 including legal and moral wrongs with the former

classified into civil and criminal wrongsassault and battery 殴打 , 人身攻击；人身伤害 an assault upon a victim that is carried out by striking the

victim, knocking the victim down, or otherwise doing violence to the victim

trespass (v. or n.) (broad) to commit an offense or a sin; transgress or err 违法犯错 (narrow) to commit an unlawful injury to the person,

property, or rights of another, with actual or implied force or violence, especially to enter onto another's land wrongfully 侵害用明显或隐蔽的武力或暴力对人、财产或他人的权利实施非法伤害，尤指错误地侵入另一个人的土地

Terms nuisance 妨害，损害财产的使用或行为的过程通过造成损害、恼人或不便而干涉了他人的合法权利 a use of property or course of conduct that interferes

with the legal rights of others by causing damage, annoyance, or inconvenience

negligence 过失，在环境下由于没有足够的细心 ( 被认作为合乎情理的 ) 而导致对他人的非蓄意的伤害 failure to exercise the degree of care considered

reasonable under the circumstances, resulting in an unintended injury to another party

legal capacity 法定资格

Exercises B. Partial translation 1. he attributed his success to his supervisor’s

attended guidance 2. For so many years he has been defaming me 3. It is within your own discretion 4. Considerable divergence of opinions existed

between Russia and NATO 5. In terms of the number of employees Cloze 1. half 2. time 3. took 4. fashion 5. gave 6. somewhat 7. By 8. with 9. post 10. contrast

Exercises Translation 1. 在更仔细地分析法律和道德的关系时，我们首先讨论与该关系相关的一些哲学概念以及这些概念融入法律的方式，然后讨论道德概念的社会基础和定义以及在某个特定时期的社会经济结构是怎样孕育出各种有关法律与道德的态度和准则的（尽管这些态度、准则并不一定会得到社会各阶层的认可。 2. 目前要思考的是道德标准、价值观和准则是如何产生并在法律中得到体现的，但我们首要思考的问题是，既然西方世界的宗教和政治结构之间一直存在着重要且紧密的联系，那么在整个历史进程中法律和道德又是如何紧密联系起来的。 3. 二战后，在纽伦堡进行了“战争罪”审判，由战胜的同盟国承担审判在德国纳粹体制下犯下种种滔天罪行的战犯，其中适用了诸如“反人道罪”等罪名。

Exercises 4. Some people hold that law is liable to reduce

the evil acts committed by evil organizations, because it can limit the freedom of maneuver of such organizations in a relatively systematical way.

5. In 1960’s there happened in U.S.A. large-scale demonstrations against racial discrimination and segregation. Many people engaged in the struggle to strive for freedom and fight against oppression.

Text II Equal Employment Opportunity

Words: outlaw, aggrieved, establish, prospective, reinstate, adverse, institute (v.), cloud (v.), find, mandate (v.&n.), alleviate, rehabilitation, reservation, anti-discrimination

Expressions: discriminate for or against, make accommodation to, all but, classified want ads, with / without regard to, victim of discrimination, work force, be subject to (prep.),

close scrutiny, have no choice but to do, be entitled to (+n./do/doing), back pay, as appropriate, be charged with, leave sb. alone, flight attendant, be better suited for, exclude sb. from, conflict (v.) with, be struck down, under… law etc., sue sb., conciliatory agreement, be empowered to do sth., the disadvantaged, the right to (+n./do/doing)

Terms: bfoq, prima facie case, disparate-treatment / impact discrimination, affirmative-action program, union contract, de novo, quota, reverse discrimination

Proper names: the Civil Rights Act 1964 (Title VII), EEOC

Questions based on the text1. What is the scope of Title VII?

http://ljforblog.bokee.com/1. What is the relationship between protected classes

and bfoq?2. How can an employee successfully bring a

discrimination case against his employer?3. What are the reliefs provided for by law granted to a

victim of discrimination?4. What are the possible defenses available to an

employer if charged with discrimination?5. What makes sex-discrimination a complicated issue?

Questions based on the text

7. What is the agency which handles the disputes under Title VII? And what is the scope of its power?

8. Are the decisions made by the EEOC final and binding on both parties to such disputes?

9. What is meant by affirmative-action program and how about reverse discrimination?

10. What are the other acts and provisions which alleviate discrimination besides Title VII?

Terms

bfoq 善意职业资格 , 真实职业资格 , 实际职业必需资格- bona fide occupational qualification, used as a defense or explanation for discriminatory practices

A BFOQ occurs when an employer has a justified business reason for discriminating against a member of a protected class. The burden of proving a BFOQ generally falls on the employer.

根据《民权法案》第 7 章的条款，某个岗位任职资格是与雇员的性别、宗教及原籍国是密切相关的，就形成了真诚岗位资格，这并不违反有关法律。例如，雇主在招募女性服饰的模特儿时限定仅招女性就不算违法；清真寺的神职人员限定为伊斯兰教徒也是合法的。

prima facie [:] case 表面上证据确凿的案件- a case in which the evidence presented is sufficient for a judgment to be made unless the evidence is contested (challenged or disputed)

disparate-treatment discrimination 待遇差异歧视 disparate-impact discrimination 影响差异歧视 affirmative-action program 反歧视行动de novo [] （案件的）重新审理；重新，第二次quota 配额，限额reverse discrimination 逆向歧视

Terms union contract （劳资）集体谈判协议

-If your employees belong to a labor union, they probably have already made a “union contract”, also called a “collective bargaining agreement”, with you. That contract covers wages, working conditions, and procedures for complaining about problems on the job.

labor union 工会 -Many workers are members of labor unions. A labor union is an organization of workers, usually

working for the same employer at the same workplace. Labor unions try to get a “collective” contract for their workers.

Proper namesCivil Rights Act 1964 (Title VII) （美）公民权利法规（指禁止基于种族，肤色，年龄，性别，宗教信仰或国籍的歧视的联邦法规的总称）Civil Rights Amendments （美）公民权利修正案（指美国宪法的第十三，十四和十五条修正案涉及的奴隶，种族歧视和选举权等的条款规定）EEOC （美）就业机会均等委员会

Text III Case ReadingUseful expressions: bring an action for…against

sb., in a row, bid for, commit infractions, go on sick leave, on…occasion, be discriminated against on the basis of, incentive rate / pay, rest one’s claim on the basis of, in sum, adduce the evidence, casual nexus, an actionable claim, claim of discrimination, regardless of, material facts, inasmuch as, at this juncture

Terms: declaratory relief, injunctive relief, motion (move v.), motion for a summary judgment, complaint, affidavit / affiant, deposition, testimony, collective bargaining

Proper names: F. Supp, N.D. California

Terms

Declaratory relief 宣告性（或确认法律关系）的法律救济方法 ;宣告式判决 : 只确认权利的存在 , 不命令履行义务It establishes the rights of the parties based on the facts and law, but does not require either party to do anything. For example, if there is an ordinance of a city that the plaintiff contends violates the Constitution and there is no indication of any immediate harm to the plaintiff who requires injunctive relief, the court may simply enter a judgment declaring that the ordinance is unconstitutional.

Injunctive relief 强制性的救济，停止侵害Also Equitable relief 衡平法上的救济

The court is able by order to stop the very harm of which plaintiff is complaining or to restore to the plaintiff the rights that have been violated.The most common form of equitable relief is the injunction （法院强制命令） . A simple injunction , for example is an order to the defendant not to come onto the plaintiff’s property.

motion 动议-application to a judge in court, asking for an order in favor of the person making the application

motion for a summary judgment （要求法庭作出）即决 / 简易判决的动议-a request by a party that a decision be reached on the basis of the pleadings alone without having to go through with the entire trialA summary judgment is normally allowed only when there is no dispute between the parties as to any of the material or significant facts of the case.

Terms complaint 诉状

-In a civil action, it is the document that initiates a lawsuit. The complaint outlines the alleged facts of the case and the basis for which a legal remedy is sought. In a criminal action, a complaint is the preliminary charge filed by the complaining party, usually with the police or a court.

deposition （非公开出庭的）作证（书），录取证言-a method of discovery （证据开示） through a question-and-answer session usually conducted in the offices of one of the attorneysParties and prospective witnesses are questioned by the attorneys without a judge being present. Their testimony is recorded or transcribed for possible later use. The person who is deposed is called the deponent.

Terms

affidavit <美 > [ 律 ] 宣誓书 , ( 经陈诉者宣誓在法律上可采作证据的 )书面陈述-a written statement of fact in which the person (called the affiant) swears that the written statement is true

testimony 证词 (尤指在法庭作的 ), 宣言 , 陈述-a declaration by a witness under oath, as that given before a court or deliberative body or all such declarations, spoken or written, offered in a legal case or deliberative hearing

collective bargaining 集体协定 : 雇主和工人代表之间关于决定工资、工时、规定和工作条件的协商-negotiation between the representatives of organized workers and their employer or employers to determine wages, hours, rules, and working conditions

Proper names

F. Supp: Federal Supplement （美）《联邦补编》N.D. California: the Northern District of

California 加州北部管区联邦地区法院

Legal English, my lover!

unit 4morality and equality in law

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