阿鴻大法官,以後每周都選個兩篇文章來讀讀,一篇法學英文、一篇普通英文。一個禮拜就看這麼點兒,應該還不至於太多吧?
什麼?!超多的?!
那是因為你還不熟悉讀英文的方法:第一、一定要唸出聲來,用聲音、音節記憶單字片語是有效記住單字片語最好的方法之一;去下載一個軟體叫 「Yahoo 奇摩筆」,以後用滑鼠指到哪個字,就可以看到那個字的解釋,也可以聽一聽發音;中英、英中對譯,又可以幫忙校正你不太會拼的單字,免費又好用,是我超愛用的應用程式之一 (我常拼錯字、忘字,科科)。第二、大概看過一個段落後,試著用中文把該段翻出來,一定要翻到你很清楚知道自己在表達什麼為止;不要自慰式地含混帶過、也不要自以為鐵口直斷,而要翻到中中肯肯、前後文理邏輯一貫為止。第三、再細細研究某個意涵中文是怎麼講的、而英文又是怎麼講的,其間的結構差別在哪裡,並加以比較。以上三點,個人認為是成年人學習英文最好的方法。
不知結構為何?哦,這也不用怕,常去志榮重機那兒逛逛就可以了。
就這樣,每天一點點,細嚼慢嚥。久而久之,英文就威了;身懷這世界共通語言,以後你學什麼都快;可以盡情地大口吞噬其他外語、知識、思想、各國文化,從而建立起廣博的世界觀。
So, are you ready?
因為才剛開始,還是先介紹一下文章的大意:第一篇節錄自加拿大最高法院判決 Théberge v. Galerie d'Art du Petit Champlain [2002] S. C. J. No. 32,講的是關於衍生性著作侵權 (prejudice from derivative works) 的問題,尤其是劃線部分,務要逐字細讀、認真思索;一篇是關於 「識人」 的文章,出處已不可考,據說是傳說中用來 「洗」 什麼東西的綱要;哎,管它洗什麼的,不是很重要,因為作人不必這麼累。耶穌曾說:「你們的話,是,就說是;不是,就說不是;若再多說,就是出於那惡者。」 (馬太福音 5:37) 光明磊落、坦然謙和即可,有時候吃點虧又何妨呢?說到這點,你確實是大家的榜樣啊!所以這篇就隨便看看、當學學英文吧。最後祝學習愉快:
(1)
The concept of a derivative work is found in the Berne Convention, and in the copyright legislation of the United States, England, Australia, New Zealand and Canada. All these provisions reflect a common progression in copyright legislation from a narrow protection against mere literal physical copying to a broader view which allows the copyright owner control over some changes of medium and adaptations of the original work. While the idea of ‘derivative works’ therefore has parallels in other jurisdictions, including Canada, the American statutory language is particularly expansive, including in particular the words ‘any other form in which a work may be recast, transformed, or adapted’, that have no precise counterpart in Canadian legislation. The poster art industry in the United States has been actively litigating the broad statutory ‘derivative works’ provision against owners of the material objects that embody the copyrighted work....
My conclusion is that in this case the respondent is asserting a moral right in the guise of an economic right, and the attempt should be rejected....
I agree with Gonthier J. that an art. 734 seizure before judgment is not available to an artist or author who relies on the alleged infringement of a moral right....
The appeal should be allowed. I would vacate the order of the Quebec Court of Appeal and restore the order of the motions judge setting aside the seizure and ordering that the seized goods be returned to the appellants. As this is an interlocutory proceeding, the costs both here and in the courts bellow should be to the appellants in the cause, i. e., the appellants will be entitled to their costs of these interlocutory proceedings only if they ultimately succeed in the action on the merits.
(2)
Being observant expands one’s field of vision. People who are perceptive are more responsive to their surroundings. Consequently, they may have more and different experiences of lie than those who appear rather negligent.
Being observant means being attentive, or having a quick and keen perception.
If you are an observant person, you are able to discern someone’s true feelings and the subtle changes in the messages he or she delivers, by watching his or her manners or hearing his or her speeches.
If you are observant enough, you can recognize people’s attitudes more positively. You are confident to distinguish who are friendly, sincere, honest, faithful, and optimistic to get along with well; and who are hostile, bitter, cynical, sarcastic, desperate, pessimistic, or antagonistic to your viewpoints.
Some people can be highly sophisticated that they know how to hide their innermost emotions deep down perfectly. It seems that they never show their genuine sentiment. However, gestures, tone of voice, facial expressions, even the very delicate movements may betray them.
If you are an experienced observer, you can discover an invisible kaleidoscope in which people exhibit their four dimensions of personality, namely, physical, mental, emotional and spiritual states. Embarrassment behind mad words, disappointment behind loud laughter, sadness behind an empty smile, jealousy behind hearty congratulations may possibly reveal themselves to an observant eye. Furthermore, a quick blink can signal a hint or a promise; an anxious looks easily divulge one’s fear or worry.
Being observant not only expands your field of vision, but also protects you from being deceived. Rather than the proverb that goes, ‘Never judge a person by his appearance’, you know you can make good judgment with informative observations.

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