Answer the questions about the text.

1. What is law?

2. What makes law one of the basic social institutions?

3. How do laws relate to justice?

4. How are laws written?

5. In what form is the civil law codified?

6. What is Islamic law based on?

7. What are the historical roots of the civil law system?

8. What is civil law based on?

9. Are judges in civil-law countries allowed to refer to precedents?

Text 2

Roman Law

Roman law in a broad sense refers not only to the legal system of ancient Rome, but also to the law that was applied throughout most of Western Europe until the end of the 18th century. In some countries like Germany the practical application of Roman law lasted even longer. For these reasons, many modern civil law systems in Europe and elsewhere are heavily influenced by Roman law. This is especially true in the field of private law. Even the English and North American Common law owes some debt to Roman law although Roman law exercised much less influence on the English legal system than on the legal systems of the continent. It is impossible to know exactly when the Roman legal system began. The first legal text, the content of which is known to us in some detail, is the Law of the Twelve Tables, which dates from the middle of the 5th century BC.

The original text of the Twelve Tablets has not been preserved. The fragments which did survive show that it was not a law code in the modern sense. It did not provide a complete and coherent system of all applicable rules or give legal solutions for all possible cases. Rather, the tables contained specific provisions designed to change the then-existing customary law. Although the provisions pertain to all areas of law, the largest part is dedicated to private law and civil procedure.

Gradually the Romans amended the principles expressed in the Twelve Tables to meet changing social conditions. Each year a high public official called a praetormade any necessary changes. Eventually, the whole body of Roman law became extremely complex. The task of interpreting this great mass of laws fell to a group of highly skilled lawyers called juris prudentes,a Latin term for experts in law.Since that time the science of law has been known as jurisprudence.

Beginning with Julius Caesar a long line of Roman rulers had tried to organize all the em­pire’s law into an orderly code. Emperor Justinian I finally completed this task. Justinian’s code, the famous Corpus Juris Civilis (Body of Civil Laws), went into effect in 533 and 534. It covered the whole field of law so completely and so skillfully that it later became the model for the first modern law codes.

Today,Roman law is no longer applied in legal practice, even though the legal systems of some states like South Africa and San Marino are still based on the old Ius Commune. However, even where the legal practice is based on a code, many rules deriving from Roman law apply: no code completely broke with the Roman tradition. Rather, the provisions of Roman law were fitted into a more coherent system and expressed in the national language. For this reason, knowledge of Roman law is indispensable to understand the legal systems of today. Thus, Roman law is often still a mandatory subject for law students in civil law jurisdictions.

As steps towards a unification of the private law in the member states of the European Union are being taken, the old Ius Commune, which was the common basis of legal practice everywhere, but allowed for many local variants, is seen by many as a model.

Answer the questions about the text.

1. How important was Roman law for the development of legal systems in Western Europe?

2. What did the Law of the Twelve Tables contain?

3. What was the task of an official called a praetor?

4. What was the task of lawyers called juris prudentes?

5. Why did Justinian’s code play such an important role in the development of law?

6. Why is the knowledge of Roman law still important for law students?

Text 3

Branches of Law

Word List

Law can be divided into two main branches: 1) private law and 2) public law. Private law deals with the rights and obligations people have in their relations with one another. Public law concerns the rights and obligations people have as members of society and citizens. Both private law and public law can be subdivided into several branches. However, the various branches of public and private law are closely related, and in many cases they overlap.

Private law determines a person’s legal rights and obligations in many kinds of activities that involve other people. Such activities include everything from borrowing or lending money to buying a home or signing a job contract.

Private law can be divided into several major branches according to the kinds of legal rights and obligations involved. The main branches are 1) contracted commercial law; 2) tort; 3) property law; 4) inheritance law; 5) family law; 6) commerciallaw. The dividing line between the various branches is not always clear, however. For example, many cases of property law also involve con-tract law.

Contract law sets rules on agreements to buy and sell items and services. It regulates the roles, relationships and obligations of parties engaging in the negotiation of a legal agreement.

A tort is a wrong or injury that a person suffers because of someone else’s action. The action may cause bodily harm; damage a person’s property, business, or reputation; or make unauthorized use of a person’s property. The victim may sue the person or persons responsible. The law of tort deals with the rights and obligations of the persons involved in such cases. Law of torts governs compensation for wrongful acts (negligence, nuisance, defamation, trespass, etc.)

Properly law states the rights and obligations that a person has when they buy, sell, or rent homes and land (called real property or realty), and objects (called personal property or personalty).

Inheritance law, or succession law, concerns the transfer of property upon the death of the owner. Nearly every country has basic inheritance laws, which list the relatives or other persons who have first rights of inheritance. But in most Western nations, people may will their property to persons other than those specified by law. In such cases, inheritance law also sets the rules for the making of wills.

Family law determines the legal rights and obligations of husbands and wives and of parents and children. It covers such matters as marriage, divorce, adoption, and child support.

Commercial law applies to the rights, relation and conduct of individuals and businesses involved in commercial trade. Commercial law can be classed together with contract and company law as business law.

Public law defines a person’s rights and obligations in relation to government. Public law also describes the various divisions of government and their powers.

Public law can be divided into four major branches: 1) criminal law,

2) constitutional law, 3) administrative law, and 4) international law. In many cases the branches of public law, like those in private law, can overlap. For example a violation administrative law may also be a violation of criminal law.

Criminal law (penal law) is the body of law which regulates governmental sanctions (such as imprisonment and/or fines) as retaliation for crimes against the social order.

Constitutional law deals with the important rights of the government, and its relationship with the people. It mainly involves the interpretation of the constitution, but also involves things like the powers of the different branches of government.

Administrative law is used by ordinary citizens who want to challenge decisions made by governments. It also involves things like regulations, and the operation of the administrative agencies that the president creates.

International law is used to set out the rules on how countries can act in areas such as trade, the environment, or military action. International law also governs the relations between citizens of different states and international organizations. Its two main sources are customary law and treaties. The Geneva Conventions on the conduct of war are an example of international law.