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发表于 2021-1-21 14:02:44
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Day 4 【社会科学-法律】【社会科学-气候】
原文链接 https://forum.chasedream.com/thread-1375851-1-1.html
【阅读文章2】Hispanic Law Water Right 阅读+整理时间80min
The Mission Inn in Riverside, California, is a luxury hotel constructed in 1902 to evoke "the Old California of missions and ranchos," according to its promotional pamphlet. Consistent with this image, the builders filled an entire city block with arches, bell towers, flying buttresses, domes, fountains, wrought-iron balconies, and Tiffany stained-glass windows. (An ornate, turn-of-the-century fantasy of Hispanic architecture,) the Inn is completely unlike the unornamented adobe structures that existed in the Southwest before the Americans came.
位于加州河滨市的Mission Inn是一家豪华酒店,建于1902年,根据其宣传小册子,它让人联想起“老加州的Mission和ranchos”。与这一形象相一致的是,建造者用拱门、钟塔、飞扶壁、圆顶、喷泉、铸铁阳台和蒂凡尼彩色玻璃窗填满了整个街区。这是一个华丽的、世纪之交的西班牙式建筑,完全不同于美国人到来之前存在于美国西南部的未经装饰的土坯建筑。
Similarly, late nineteenth- and early twentieth-century state courts developed elaborate theories of water rights ostensibly based on Hispanic law, but which bore no resemblance to actual Spanish and Mexican legal traditions. Despite their awareness of the historical reality of communal water-sharing practices, American judges asserted that municipal and riparian water rights originating in the Hispanic period were absolute and exclusive.' These doctrines of absolute water rights, legitimated water monopoly and accumulation in the hands of a few cities and landowners. In some states, this version of Hispanic law persists: in 1975, the California Supreme Court reaffirmed Los Angeles's paramount "pueblo water right" to its local watershed on the basis of stare decisis, despite extensive trial court findings that the right had no historical basis.'
似地,19世纪末和20世纪初,州法院发展了详尽的水权理论,表面上以西班牙法律为基础,但实际上与西班牙和墨西哥的法律传统并不相似。尽管美国法官意识到公共用水共享的历史现实,但他们认为起源于西班牙时期的市政和河岸用水权是绝对的和排他的。这些关于绝对水权、合法的水垄断和少数城市和土地所有者手中的积累的理论。在一些州,这种版本的西班牙语法律仍然存在:1975年,加州最高法院在遵循先例的基础上,重申了洛杉矶对当地分水岭的最高“普韦布洛水权”,尽管大量初审法院发现这项权利没有历史依据。
In contrast to the common law water regime of riparian and prior appropriation rights emphasizing individual property interests, a communal water system prevailed in the Hispanic Southwest. Legal historians of the Spanish and Mexican periods have shown that far from being absolute and exclusive, water rights were shared between municipalities and other users, especially in times of shortage. This communal water system also restricted the private sector, for riparian owners did not automatically have the right to irrigate their own property, but needed an express or implied grant of water in addition to land. These communal (water use) patterns can be traced back to regional sharing arrangements in medieval Spain and are still practiced in parts of the contemporary Southwest. Based on this historical evidence, many scholars of western water law in the American period have criticized nineteenth- and twentieth-century state courts for distorting Hispanic traditions. However, the legal historians who have attempted to explain this distortion have attributed it to a judicial "loss of Hispanic learning" or to parties failing to present documents on Spanish and Mexican water law to the courts. None of these scholars has examined the contemporary background of the key nineteenth- and early twentieth century cases to evaluate the context of these decisions, and none has researched court files to determine the extent to which judges knowingly misused Hispanic law.
与普通法的河岸水制度和强调个人财产利益的优先占有权不同,西班牙西南部盛行公共水制度。西班牙和墨西哥时期的法律历史学家表明,水权并非绝对和排他的,而是由市政当局和其他使用者分享的,特别是在缺水的时候。这种公共供水系统也限制了私营部门,因为河岸所有者并不自动拥有灌溉自己财产的权利,但需要在土地之外明示或暗示授予水。这些公共用水模式可以追溯到中世纪西班牙的区域共享安排,现在仍在西南部部分地区使用。基于这一历史证据,许多研究美国西部水法的学者批评19世纪和20世纪的州法院扭曲了西班牙裔传统。然而,试图解释这种扭曲现象的法律历史学家将其归因于司法上的“西班牙语学习的丧失”,或当事人未能向法院提交有关西班牙和墨西哥水法的文件。这些学者都没有研究过19世纪和20世纪早期关键案件的当代背景,以评估这些判决的背景,也没有研究过法庭文件,以确定法官故意滥用西班牙法律的程度。
Sentences & Vocabulary >>>
evoke: [ VN ] ( formal ) to bring a feeling, a memory or an image into your mind
rancho: [ C ] 牧场上工人的棚屋;牧场
arch: [ C ] a curved structure that supports the weight of sth above it, such as a bridge or the upper part of a building
[ C ] a structure with a curved top that is supported by straight sides, sometimes forming an entrance or built as a monument
[ C ] the raised part of the foot formed by a curved section of bones
[ VN ] if you arch part of your body, or if it arches , it moves and forms a curved shape
dome: a round roof with a circular base 例:the dome of St Paul's Cathedral 圣保罗大教堂的穹顶
wrought-iron: a form of iron used to make decorative fences, gates, etc.
ornate: covered with a lot of decoration, especially when this involves very small or complicated designs
turn of the century: 世纪之交;19世纪与20世纪转换交替时期;19世纪末20世纪初
Turn of the century, in its broadest sense, refers to the transition from one century to another. The term is most often used to indicate a distinctive time period either before or after the beginning of a century or both before and after.Where no specific century is stated, the term usually refers to the most recent transition of centuries.The British English view of the meaning of the phrase the 'turn of the nineteenth century' is that it refers to the years immediately preceding and immediately following 1801, the 'turn of the twentieth century' to the years surrounding 1901, and so on.The American English view is not so clear cut. According to the Chicago Manual of Style, there is no common agreement as to the meaning of the phrase "turn of the n-th century." For instance, if a statement describes an event as taking place "at the turn of the 18th century," it could refer to a period around the year 1700 or around 1800, that is, the beginning or end of that century. As such, they recommend using only "turn of the century," and only in a context that makes clear which transition is meant.The period around the turn of the 1st century of a millennium can also be called the "turn of the millennium." For example, the period 1981–2020 can be described both as the "turn of the 21st century" and the "turn of the 3rd millennium."
unornamented: un- + ornamented 朴素的
adobe: mud that is dried in the sun, mixed with straw and used as a building material
ostensibly: 表面上地
resemblance: [ C U ] ~ (to sb/sth) | ~ (between A and B) the fact of being or looking similar to sb/sth
municipal: [ usually before noun ] connected with or belonging to a town, city or district that has its own local government
riparian: [ usually before noun ]
( technical 术语 ) growing in, living in, or relating to areas of wet land near to a river or stream 生长(或栖息)在河边湿地的;河边的
( law 律 ) on, near or relating to the bank of a river 堤岸(上)的;堤岸近处的
paramount: more important than anything else
( formal ) having the highest position or the greatest power China's paramount leader 中国的最高领导人
watershed: [ C ] ~ (in sth) an event or a period of time that marks an important change 转折点,分界线,分水岭(标志着重大变化的事件或时期)
- 例:
The middle decades of the 19th century marked a watershed in Russia's history. 19世纪中叶标志着俄国历史的转折点。
[ C ] a line of high land where streams on one side flow into one river, and streams on the other side flow into a different river 分水线;分水岭;分水界
( the watershed ) [ sing. ] (in Britain) the time before which programmes that are not considered suitable for children may not be shown on television (英国)儿童不宜节目可在电视上播放的起始时间
- 例:
the 9 o'clock watershed 可开播儿童不宜电视节目的晚上9点钟时限
distort: [ VN ] to change the shape, appearance or sound of sth so that it is strange or not clear
例:a fairground mirror that distorts your shape 露天游乐场的哈哈镜
例:The loudspeaker seemed to distort his voice. 他的声音从喇叭里传出来好像失真了。
to twist or change facts, ideas, etc. so that they are no longer correct or true 歪曲;曲解 - 例:
Newspapers are often guilty of distorting the truth. 报章常犯歪曲事实的错误。
- 例:
The article gave a distorted picture of his childhood. 这篇文章对他的童年作了歪曲的描述。
Main ideas and Structure>>>
这篇文章从单词和内容上都难倒了我。第一段看懂了,第二段模模糊糊,第三段没有生词,但是翻译成汉语我也不知道在讲什么... SOS哭了
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