"Black Law Dictionary" (Ninth Edition) review (original)

In 2009 July, WEST global leading intelligent legal information solutions provider and legal textbooks and monographs published Tang Thomson Reuters Legal Information Group launched the known as the "Bible" of the new law "Black Law Dictionary" (Ninth Edition), this is a global legal professionals sought after 100 years of authority law dictionary update of legal person is a blessing. A part from USA Law Dictionary how legal professionals in the world of enduring, it what are the charm. The author is not a dictionary researchers, but a study and research of legal person, this article attempts from a user's perspective on "Black Law Dictionary" comments.

 

Law is a emphasis on rigorous and meticulous subject, legal person's every single word or phrase may affect the parties' interests, may affect the criminal defendant's life and death, possibly related to a country's level of rule of law. Engaged in legal research is more fight over the smallest trifles, people doing things should be magnanimous, but for academic problem is acute harsh. We are used to define the meaning as a starting point for the research, especially relates to the legal terms, specific, but also to load one's pages with references, through comparative analysis, locking in a clear and reasonable definition. The more senior authoritative jurists, the more good legal terminology, identify the likely to be users ignore analysis. In fact, which is the basis of our fine law research, promoting the development of the law, and the law at home and abroad researchers smooth communication and dialogue. In this regard, a dictionary of law will play an important role, "Black Law Dictionary" is such a good English law dictionary, it play in explaining the role of the at the same time, but also offers users a lot of information from the common law, but also for future use of the vocabulary of terms and find other English research data.

 

Although the law dictionary more general language dictionaries belongs to professional dictionaries, but from a more detailed division, a dictionary of law also includes a dictionary of legal terms, judicial interpretation, legal maxims, law dictionary dictionary dictionary of quotations, bilingual and multilingual dictionary etc.. These different types of law dictionary features, suitable for different purposes of people choose.[1]"Black Law Dictionary" is an outstanding legal terminology dictionary, was born in 1891, by the time of the USA WEST published, first editor of American Henry Campbell Black (Henry Campbell Black), then its editor from the seventh master Brian Jana (Bryan A. Garner). This dictionary is considered the standard dictionary of law is the most authoritative in the English speaking world, it is the wide world the scholars and judges cited. Editor in chief Blaine has in it about the legal lexicography[2]Pointed out, "the primary purpose of Black Law Dictionary" is comprehensive and accurate definition of the meaning of legal terms, rather than judicial explanation of simple, but there is no need to judicial authority with the existing dictionary are repeated explanation. As of version ninth, the dictionary contains more than 45000 explanation, based on the eighth, 2500 new entries as well as the entry number associated with the field of intellectual property, there are more than 1000 abbreviations related laws and acronym, and more than 5300 words of different spellings and synonyms. USA scholar Moski once said: "if the vocabulary is the weapon each legal man's words, that" Black Law Dictionary "is an adequate supply of military factory."[3]

 

At the same time, though, to avoid duplication and judicial interpretation dictionary, "Black Law Dictionary" or have some judicial interpretation and dictionary functions. The judicial interpretation of law dictionary and glossary of legal terms is different, the dictionary meaning of comprehensive interpretation of entries, tend not to have laws or provisions, decision's influence. But the judicial interpretation dictionary is specially included all the vocabulary used by laws and decisions, and to explain the words according to the judge's legal context and judgment in the intention, not allowed to deviate from legal practice and play any.[4]It is an important tool in the practice of law, and promote the unity of understanding of the law and apply the law correctly. "Black Law Dictionary" included in the rich entry at the same time, also clearly marked the selection of legal terminology and concrete was first English, the judgment cited reference date, more particularly, the exclusive use of dictionary WEST key code system (West Key Number System) is reflected in a huge advantage editor control law research data.

 

WEST key code system (West Key Number System) in 1908 by USA was the most veteran of the leading legal publishing company WEST and USA court system jointly developed, contains almost all American law, legal information classification system of precise, logical, authoritative status in the American legal community. The guidelines and covers the case began in 1658, has been more than the legal problems on twenty million cases, and continues to increase. All these carefully edited the law in different, and level division, was eventually given a specific key code, the same legal question is to use the same key code.[5]By tagging key code, readers in search of "Black Law Dictionary" at the same time, can also analyze the convenient accurately refer to applicable background of legal terms in the case and the legal problems in these cases, it is not only a legal term, is an in-depth study of the Anglo American law, experience. The function of "Black Law Dictionary" provides great convenience for the study of the law, the judicial interpretation has the characteristics of a dictionary.

 

Third, open the "Black Law Dictionary", just read a few pages, can see all kinds of citation in the interpretation of terms, authority, these quotations from the past five centuries of the court, legal documents and so on, the available resources are very rich, can be regarded as an encyclopedia. This is also reflected in its in the field of Anglo American Law of advantage, through the citation, we can draw the conclusion that, of course, the dictionary for legal terminology is the tendency of Anglo American law point of view, from the compilation, the identity of the person speaking, this point is obvious. It is understood, the new ninth version of "Black Law Dictionary" in the writing process, obtained the 200 lawyers help, these familiar America law professionals, carefully review the definition of translation, which provides more authoritative, professional content for legal professionals. So, in the research field of the Anglo American law, this dictionary will undoubtedly have a professional and authoritative.

 

Fourth, in the "common law judge made law", USA Federal Supreme Court in its ruling cited law dictionary this behavior in the book has a special significance. In this regard, within the Federal Supreme Court also appeared in the "text" dispute. A new force suddenly rises. status dictionary in the legal interpretation, because Justice Scalia (Justice Scalia) initiated legal "text" and "plain meaning", and not to the legislative intention and the legislation history. "Text" that the judge for the interpretation of the law should not be for the reconstruction of the intention of legislators, first, the legislative intention itself is difficult to be clear; at the same time, the judge situation and master the technology is not good for them to explore and discover the intent of legislators; more importantly, dominating any democratic government or just government should be law rather than the intent of legislators, the intent of legislators if no text will have no legal effect. But the critical point of view is that, first of all, the Supreme Court has the probability greatly for dictionary use, the justices had never designed a consistent, objective method to determine how the reference dictionary; second, the dictionary itself may not be able to achieve really explain a controversial words the exact meaning of the objective; finally, the dictionary is actually can not truly reflect the words in a particular context meaning.[6]Although the Supreme Court for the dictionary on criticism, but the important role played in the development of the Anglo American Law Dictionary of still can not be ignored. In USA, "Black Law Dictionary" is a reference to a dictionary of law the highest frequency of the Federal Supreme court. Only from 1997 to 1998 for example, the Supreme Court of the sixth edition of the citation times up to 61 times, at the same time reference to version fifth times up to 46 times.[7]In fact, the Supreme Court cited for Law Dictionary did not lead to an increase in serious consequences of legal uncertainty,[8]So, blame the Supreme Court cited Law Dictionary unfavorable views lack sufficient reason, use the dictionary of law authority for the understanding and grasp of the Anglo American law still has a strong positive.

 

As early as in 1891, "Black Law Dictionary" in the beginning, "Harvard Law Review" magazine devoted to the dictionary, edit points out, the highest principle of compiling dictionaries have two, namely comprehensiveness and convenience, this paper holds that "Black Law Dictionary" completely with this two characteristics, preparation, and reach to include all legal dictionary all words to.[9]For convenience, the editor of the Dictionary Publishing binding with a simple evaluation, a hundred years later, with the progress of science and technology, we can say "convenience principle of Black's Law Dictionary" in the dictionary have also achieved a qualitative leap. WEST company in 2008 with the publication of "Black Law Dictionary" (electronic version)[10]Not only contains all the content of the paper edition, also can be embedded Microsoft®Word document editing system, Corel®WordPerfect®, Firefox and IE in the browser toolbar, also have clear pronunciation function and with examples, is really convenient to use.

 

Of course, in the analysis of advantages of "Black Law Dictionary" at the same time, we inevitably have to talk about its shortcomings. In this regard, comparative law and legal translation in China is dedicated to the author, points out that "Black Law Dictionary" mistakes, to remind users don't blindly.[11]I also check the corresponding content in version ninth, the paper was pointed out several mistakes have been improved. Legal Research on the continuous development and progress, never stop one day, codification of law dictionary is the same. There is no absolute right, but the relative authority, hope "Black Law Dictionary" of the compilers can continue to update and develop the global legal community "the bible".

 

(the author retain copyright, please indicate references)



[1] Fu Minghua: "Introduction" English Law Dictionary ", contained in the study of comparative law", 1988 first, pp. 61-66. In this paper, classification and development for the law dictionary is reviewed, and the representative works of various legal dictionary is introduced in this paper.

[2]Bryan A. Garner, Legal Lexicography,Green BagWinter, 2003, p155 (6 Green Bag 2D 151)

[3]Quoted from flexion Vincent: "" Black Law Dictionary > commentary: the history and current situation -- dictionaries and the Supreme Court American exhibit "text" interpretation ", contained in the" study of comparative law ", 2009 first, 103rd pages.

[4]Fu Minghua: "Introduction" English Law Dictionary ", contained in the study of comparative law", 1988 first, sixty-third pages.

[5]Http://lawschool.westlaw.com/knumbers/default.asp mainpage=16&subpage=4, visited in July 28, 2009?.

In view of this theme and the limited space, for the WEST key code system does not do more, interested readers can understand the use of the system and the relevant legal research methods of information by Thomson Reuters Legal Information Group's Web site, www.thomsonreuterslegal.com.cn.

[6]Qu Wensheng: "Black Law Dictionary > < commentary: the history and current situation -- dictionaries and the Supreme Court America exhibit" text "interpretation", contained in the "study of comparative law", 2009 first, pp. 116-118.

[7]Qu Wensheng: "history" in Anglo American Law Dictionary, contained in the "dictionary research", 2009 second, 141st pages.

[8]Samuel A. Thumma and Jeffrey L. KirchmeierThe Lexicon, Has Become A Fortress: The United States Supreme Court's Use Of Dictionaries,Buffalo Law ReviewWinter, 1999, P301

[9] Harvard Law ReviewOctober, 15, 1891, pp155-156 (5 Harv. L. Rev. 155)

[10]"Black Law Dictionary" electronic version of the official website: http://www.blackslawdictionary.com.cn/.

[11]Chen Zhongsheng: "Black Law Dictionary > < comments", contained in the "study of comparative law", 2001 second, pp. 108-110.