The Oxford Standard Citation of Legal Authorities
The Oxford Standard for Citation of Legal Authorities was devised by Professor Peter Birks, in consultation with students and faculty at Oxford University, and with Oxford University Press and Hart Publishing. It is used by the Oxford University Commonwealth Law Journal, and the editors of the Journal have contributed to its development. The standard is designed to facilitate accurate citation of authorities, legislation, and other legal materials.
《牛津法律权威引注标准》（The Oxford Standard for Citation of Legal Authorities，OSCOLA）是由彼得·伯克斯教授设计并经牛津大学师生、牛津大学出版社和哈特出版社磋商而成。它被应用于牛津大学所有法律期刊，期刊的编辑推动了其发展。设计该标准目的是便于准确引证权威著作、法律法规和其他法律资料。
Professor Birks planned a revision of OSCOLA in 2004; after his untimely death in 2004, we have revised the standard in consultation with students and faculty members and with publishers. The aim has been to make changes (some of which Professor Birks had in mind) to promote the 'consideration for the reader' whch he made a golden rule of OSCOLA. Minor alterations and clarifications were made for the 2006 edition.
We hope that the revised standard also shows the consideration for authors that motivated Professor Birks to design a uniform and simple standard for legal citation.
Sandra Meredith and Timothy Endicott（桑德拉·梅雷迪斯、蒂莫西·恩迪克特）
6 September 2006
PART I General Notes on Citation（一般引注）
Use footnotes, not endnotes. Close footnotes with a full stop (or question mark, or exclamation mark). OSCOLA uses little punctuation otherwise, except single inverted commas around journal article titles, and commas to separate items that would otherwise run together. Where more than one citation is given in a single footnote, separate them with semi-colons.
The footnote marker should appear after the relevant punctuation in the text (if any) and normally at the end of a sentence. It may sometimes be necessary, for the sake of clarity, to put the footnote after the word or phrase to which it relates. A quotation need not be footnoted separately from the case or text from which it is derived if the two appear in the same sentence. Otherwise, separate notes should be used.
Where a case name is given in the text, it is not necessary to repeat it in the footnote, as shown in the following example:
It is well represented in the case law, perhaps most notably in the expression of the no-conflict rule advocated by Lord Upjohn in Phipps v Boardman 31 and in the earlier Court of Appeal decision in Boulting v Boardman,32 Association of Cinematograph, Television and Allied Technicians. In Boulting [or 'in the Boulting case'], Upohn LJ said that the rule 'must be applied realistically to a state of affairs which discloses a real conflict of duty and interest and 33 not to some theoretical or rhetorical conflict' In Phipps, Lord Upjohn developed his view of the rule further by adding that there must be a 'real sensible possibility of conflict'.34
The relevant footnotes would appear thus（相应的脚注如下）:
31  2 AC 46 (HL).
32  2 QB 606 (CA).
33 Boulting (n 32) 638. [or] 33 ibid 638.
34 Phipps (n 31) 124.
Examples of citations of cases, legislation, books and journals are given in each section of OSCOLA. The Appendix includes a list of abbreviations that can be used in footnotes.
Quotations from other works, judgments, statutes, etc must be faithful to the original, except where it is necessary to change quotation marks from single to double, or vice versa. Do not change errors in the original or use [sic]. Any comments on the quotation should be in the text or in a footnote.
Incorporate quotations of three lines or less into the text, within single quotation marks. Quotations within short quotations take double quotation marks. Punctuation follows the closing quotation mark, unless it is part of the quotation. The superscript footnote marker comes last, after both the punctuation and the closing quotation mark.
Present quotations longer than three lines in a double-indented single-spaced paragraph, with no further indentation of the first line. Do not use quotation marks, except for single quotation marks round quotations within quotations.
Generally, use a colon to introduce a long quotation. However, when the lead-in moves seamlessly into the quoted material a comma or no punctuation may be preferable. Begin with an ellipsis (…) when a quotation starts mid-sentence, for example:
Lord Radcliffe stated the position as follows:
…tere is no precise formula that will determine the extent of detail called
for when a director declares his interest or the nature of his interest. ... His
declaration must make his colleagues 'fully inormed of the real state of
Things'... If it is mterial to their judgment that they should know not
merely that he has an interest, but what it is and how far it goes, then he
must see to it that they are informed.16 (emphasis added)
Indicate omissions from a quotation with an ellipsis, and any change of emphasis in a parenthetical clause after the citation by use of '(emphasis added)'. Ifyou omit citations or footnotes from a quotation, put (citation(s) omitted)' or 'footnote(s) omitted)' after the source. To attribute a quotation within a quotation to its original source, omit the footnote from the quotation, and state the original author's citation in your footnote, as follows:
…the Huse of Lords also concluded that the civil standard of proof (on
the balance of probabilities) should be applied in such a way as to be
sensitive to the 'seriousness of the matters to be proved and the
implications of proving them,' which in efect means proof beyond
reasonable doubt (i.e. the criminal standard).27
27 Andrew Ashworth 'Soial Control and "nti-Social Behaviour": The Subversionof
Human Rights' (204) 120 LQR 263, 276, citing Clingham and McCann  1 AC
787  (Lord Hope of Craighead).
3 Cross-citation and cross-reference（互引与相互参考）
Cross-citation directs the reader to source material cited in another footnote. Cross-reference directs the reader to some other passage in your work. Both techniques cause work for the reader; use them only when that work will be rewarding. Do not cross-cite to a footnote in a different chapter. In a cross-citation, briefly identify the case, book or other item and specify the note in which the full citation is to be found:
35 Ashworth (n 27).
For repeated citations of a case, you can simply give the full citation each time, or use cross-citation; in either event, you can abbreviate the names of the parties after the first citation. So if you cite Barrett v Enfield LBC  2 AC 550 (HL) in footnote 1, cite it afterwards in whichever of the following ways is most convenient:
一个判例的重复引证，可以每次给出全文引证，也可使用互引；在每一事件中，可以在第一次引证后缩写双方的名称。如果在脚注1中引证Barrett v Enfield LBC  2 AC 550 (HL) ，在其后的任何一处引用下述方式是非常方便的。
5 Barrett v Enfield LBC  2 AC 550 (HL).
5 Barrett v Enfield LBC (n 1).
5 Barrett (n 1).
On Latin gadgets: do not use supra, infra, ante, id, op cit, loc cit, contra, as they are not widely understood. 'Ibid' which is an abbreviation of 'ibidem' and mean 'in the same place', can be used to repeat a citation in the immediately previous note. Standing alone, 'ibid' means strictly 'in the very same place' while 'ibid 345' means 'in te same work but this time at page 345'. In gneral it is equally possible to repeat the immediately previous citation without using 'ibid': Ashworth (n 27) 265-67' thus does the trick even in n 28. Do not switch back and forth from one to the other. Similarly, use 'Cf' for 'compare': 'Cf.Ashworth (n 27) 265-C67.'
在拉丁文术语上：不用supra, infra, ante, id, op cit, loc cit, contra，因为其那一被广泛理解。“Ibid（同前、如上）”是“ibidem”的缩写，意即“在相同的地方”，其能用于紧接前一脚注之后的重复引证。单独使用，“Ibid（同前、如上）”严格表示“在同一地方”而“ibid 345”则表示“在同一书中，但在第345页”。通常说来，其可能重复出现在紧接前一脚注之后而不用“ibid”：如Ashworth (n 27) 265-67'。因此这个窍门也可用于 n 28。不必来回换来换去。同样，用“Cf”来“比较”：“Cf.Ashworth (n 27) 265-C67”。
Cross-references to points of substantive discussion elsewhere in your work may perform a useful function. But avoid sending the reader off to another part of the text when a short point could as easily be restated. Never make a cross-reference that will be difficult for the reader to find. 'See above' is worse than useless. 'See chapter VII above' is no better. A good cross-reference takes the reader straight to the very place: '109' or , within the chapter, 'text to n 32'. not cross-refer to 'chapter 6A2(c)' unless you have running headers on each page showing the sequence of sub-headings. Use 'see…' only when you actually want the reader to look at the place indicated, for example 'See 109, above' or 'See n 27, below'.
相互参考指著述中其它地方的独立存在的讨论有着有用的功能。但是在能轻易地复述某一点时避免将读者带到文本的另一部分。从不使用使读者难以查找的相互参考。“See above（见上）”比不用更糟糕。“See chapter VII above”也不是很好。好的相互参考使读者能直接找到准确的地方：“109”或这一章的“text to n 32”。不使用“chapter 6A2(c)”，除非有连续的标题在每一页表示次标题的顺序。当想要读者看所示的地方时才用“see…”，如“See 109, above”或“See n 27, below”。
Remember that pagination changes from draft to draft, especially in preparation for publication. A reference to 198 is not much use when 198 has become 132. To save time, you can cross-refer to footnote markers, which change much less: 'Text to n 107 in chapter 7' should sufficiently pin down the location.
须记住各草稿之间标记分页的变化，特别是准备出版物的标记分页。当198变成了132时，不能再用参考198。为了节省时间，可以相互参考脚注标记。其改变较少：“Text to n 107 in chapter 7”应该完全约束在其位置上。
4 Tables of cases, legislation, etc（判例和法律法规等表）
In a book or thesis, compile the table(s) of cases (generally located in the preliminary pages) alphabetically. Unless there are very few cases, divide the tables into separate sections for separate jurisdictions. Arrange EC cases (distinguishing between ECJ, CFI and Commission cases) in chronological and numerical order. Where there are sufficient international cases to merit it, sub-divide the table with headings for each individual country.
Alphabeticize cases by the significant name. Thus, 'In re the Estate of Farquar' or 'Re Farquar's Estate' hould be tabled under 'Farquar's Estate, Re'.
按重要的名称的字母顺序排列案例。因此，“In re the Estate of Farquar”和“Re Farquar's Estate”放在“Farquar's Estate, Re”之下。
Compile shipping cases and trade mark cases under the full case name, but insert an additional entry in the tables under the name of the ship or the trade mark, with a cross-reference to the full name.
Compile tables of legislation with similar divisions as to jurisdiction.
In an article, avoid unfamiliar abbreviations and define any that you use in a footnote or in the text. In a thesis or book, define abbreviations in a 'List of Abbreviations' in the preliminary pages. But you need not define an abbreviation that is part of everyday usage (eg, 'eg' or 'etc'). And every lawyer can be taken to know some additional abbreviations. The Appendix provides tables of common abbreviations that need no definition.
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