What is law? The sources of law
Vocabulary
law | право, закон | The contract was made according to the principles of international law. In Sweden it is against the law to hit a child. |
jurisprudence | юриспруденция (наука, учебный предмет) | They are studying jurisprudence at university. |
legal | законный, правовой | What the company has done is perfectly legal. |
legal action | действие в рамках закона | She threatened to take legal action against the hospital. |
legal system | законодательство, правовая система | The Russian legal system is based on the constitution. |
behaviour | поведение | We are trying to understand the causes of criminal behaviour. |
rule | правило | It’s not a crime, though it’s a breach of stock market rules. |
custom | обычай, традиция | Some laws stemmed from the local customs. |
society | общество | Law is both an instrument and the result of changes that take place in the society. |
state | государство | Constitution is the law which determines basic rules and principles of governing the state. |
legislate | принимать закон | Only parliament has the power to legislate. |
legislation | закон, законодательство | Both individuals and companies can be prosecuted under the new legislation. |
authority | власть, полномочия | The president has the authority to veto the legislation. |
govern | управлять, регламентировать | This legislation governs the export of animals. |
judiciary | судебная власть, судьи | The judiciary are perhaps the most prominent among those involved in running the court. |
Task 1. Complete the text using the following words:
Authority, govern, law enforcement agency, legal action, legal systems, legislation, rule, the judiciary, tribunal
Why do we have laws and 1 ___? At one level, laws can be seen as a type of 2 ___ which is meant to 3 ___ behaviour between people. We can find these rules in nearly all social organizations, such as families and sports clubs.
Law, the body of official rules and regulations, generally found in constitutions and 4 ___, is used to govern a society and to control the behaviour of its members. In modern societies, a body with 5 ___, such as a court or the legislature, makes the law, and a 6 ___, such as the police, makes sure it is observed.
In addition to enforcement, a body of expert lawyers is needed to apply the law. This is the role of 7 ___, the body of judges in a particular country. Of course, legal systems vary between countries, as well as the basis for bringing a case before a court or 8 ___. One thing, however, seems to be true all over the world- starting a 9 ___ is both expensive and time consuming.
Task 2. Match these sources of law with the descriptions below.
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Common law Roman law Napoleonic code The Ten Commandments
- ________, which evolved in the 8th century BC, was still largely a blend of customs and interpretation by magistrates of the will of the gods.
- ________ evolved from the tribal and local laws of England. It began with common customs, but over time it involved the courts in law-making that was responsive to changes in society. In this way the Anglo-Norman rulers created a system of centralized courts that operated under a single set of laws that replaced the rules laid down by earlier societies.
- ________ formed the basis of all Israelite legislation. They can also be found in the laws of other ancient peoples.
- ________ refers to the entire body of French law, contained five codes dealing with civil, commercial, and criminal law.
Active vocabulary
sources of law | источники права | replace | заменить |
evolve | появляться | lay down | основать, заложить |
blend | совокупность | ancient | древний |
tribal | племенной, родовой | entire | весь, целый |
involve | вовлекать | contain | содержать, вмещать |
responsive | ответный |
Task 3. Read and translate the text.
One of the earliest systems of law of which we have knowledge is the collection of laws, known as the Code of Hammurabi, the Babylonian king. It was carved in stone about 1900 B.C. and set up in a temple, and now it can be seen in the British museum in London. The laws laid down by Hammurabi covered crime, divorce and marriage, the rights of slave owners and slaves, debts, inheritance and property contracts and so on. Punishments were harsh and murderers faced the death penalty according to the principle of revenge. Nevertheless, the punishment couldn’t be more severe than the crime.
The ancient Greeks were among the first to develop the concepts of law. In the 7th century B.C. Solon, the famous Athenian law-giver provided a new code of law. In a civil case the verdict was given by a jury, who listened to the speeches of the person who brought the case before them, and to his friends’ speeches. The Greeks also established the concept of ‘natural law’, which meant that certain basic principles are above the laws of a nation.
Roman law is one of the greatest systems that have ever existed. It was based upon custom, and by A.D. 528 the quantity of Roman law had become so immense that the Emperor Justinian in Constantinople ordered to make a clear, systematic code of all the laws. Roman law seemed to be lost or forgotten until the 11th century, when it reappeared in European universities and was developed and brought into courts. Roman law has influenced the law of most European countries, including Anglo-Saxon law.
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In France, however, each province had its own laws until Napoleon codified the law in 1804. The Napoleonic code was a splendid achievement, and has been copied in many countries in Europe and South America. The code was an attempt to create a legal system that treated all citizens as equals without regard to their rank or previous privileges.
A Study the underlined phrases in the text and match them with their Russian equivalents:
inheritance and property contracts | A | было основано на обычаях | |
according to the principle of revenge | B | правовая система | |
the concepts of law | C | договоры о наследстве и собственности | |
the verdict was given by a jury | D | естественное право | |
‘natural law’ | E | использовалось судами | |
was based upon custom | F | в соответствии с принципом мести | |
was brought into courts | G | решение принимал суд присяжных | |
legal system | H | принципы права |
B Study the text and the phrases in bold and choose the best translation for these word combinations:
collection of laws | A собрание прав B свод законов | |
the laws covered crime | A законы покрывали преступления B законы касались преступлений | |
murderers faced death penalty | A убийц ждала смертная казнь B убийцы видели смертную казнь | |
the punishment couldn’t be more severe than the crime | A наказание не могло быть серьезнее преступления B наказание не могло быть легче преступления | |
friends’ speeches | A речи друзей B дружелюбные речи | |
including Anglo-Saxon law | A за исключением англо-саксонского права B включая англо-саксонское право |