Text c. Common and continental law

Task: read the text, get ready to render its contents in Russian.

Each country in the world has its own system of law. There are two main traditions of law in the world. One is based on English Common law¹. The other tradition is known as Continental, or Roman law.

Common law, or case law system, differs from Continental law as it has developed gradually throughout history. It is not the result of government attempts to codify every legal relation. Customs and court rulings have been as important as statutes (government legislation). Judges do not merely apply the law, in some cases they make law, and their, interpretations may become precendents² for other courts.

Before William of Normandy invaded England in 1066 no law was common to the whole kingdom. The Norman Kings sent travelling judges around the country and gradually a "common law" developed. Uniform application of the law throughout the country was promoted by the gradual development of the doctrine of precedent.

The doctrine of precedent is still a central feature of modern common law systems.

Even when governments make new laws - statutes, they are interpreted by the courts in order to fit particular cases, and these interpretations become new precedents.

Continental systems, codified legal systems, have resulted from attempts by governments to produce a set of codes so that the state could govern every legal aspect of a citizen's life.

When the lawmakers were codifying their legal systems, they looked to the example of Revolutionary and Napoleonic France, whose legislators wanted to break with previous case law.

The lawmakers were also influenced by the model of the Canon law of the Roman Catholic Church, but the most important models were the codes produced in the seventh century under the direction of the Roman Emperor Justinian.

Versions of Roman law had long influenced many parts of Europe but had little impact on English law.

Notes:

¹ Common law - общее право, обычное право, некодифицированное право

² precedent - прецедент

TEXT D. ENGLISH LAW

Task: read the text and explain the difference between Statute law and Case law.

English law can be divided into Statute Law¹, Common Law and Case Law². Statute Law consists of all laws passed by Parliament. The majority of laws are proposed and drafted by the government in power, any member of the House of Commons or House of Lords can also propose a law. An exception, to this is that only a member of the House of Commons may introduce a financial Bill. The laws that are drafted by the government, as the laws proposed by individual members of the House of Commons or House of Lords, must be agreed to by Parliament before they become effective. That means that they must be passed by the elected House of Commons, approved (in most cases) by the House of Lords, and confirmed by the Sovereign.

Common Law consists of principles and rules of conduct based on the ancient customs of the country and recognized by the Courts as Law. Common Law is unwritten, and its principles can be learnt only by intensive study of past court decisions and ancient custom. The Common Law can, however, be changed or developed by statute.

But more important perhaps than either the Statute Law or even the Common Law are decisions of the Courts. Just as the many ancient customs of the land make up the Common Law, the collected decisions of the Courts form English "Case Law". Once Parliament has passed a law, the courts must decide what the words of that law mean. The interpretation of the Courts remains till either a higher Court decides that this interpretation was wrong, or Parliament passes another law and changes it.

So once a Court decided against the government on a question of what a law means - and the Courts may decide that a law as worded means something quite different from what the government intended - the government must accept the decision of the Court. They may, if the Houses agree, pass another law. But that takes a great deal of time and trouble.

Notes:

¹ Statute Law - статутное право, писаный закон

² Case Law - прецедентное право

Section III. LEXICAL-GRAMMAR TESTS

Для того, чтобы выполнить контрольные работы, необходимо усвоить следующий грамматический материал:

1. Словообразование: основные словообразовательные суффиксы.

2. Видо-временные формы глагола (действительный и страдательный залог).

3. Степени сравнения прилагательных.

4. Функции глаголов "to be", "to have".

TEST I

I. Прочитайте текст и письменно ответьте на вопросы, следующие за ним.

Ancient systems of Law

1. 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, who lived in about 1900 B.C., and whose stone figure we can see in the British Museum in London. Another early code is the code of Hebrew Law¹ contained in the Book of Exodus² in the Bible.

2. In Greece each city state had its own law, some laws were common to many states. In the seventh century B.C.³ the Greeks began to put their laws into writing. About 594 B.C. Solon, the famous Athenian law-giver, provided a new code of law. The Athenians did not consider it necessary to have legal experts for non-criminal cases. In a civil case the verdict was given by a jury, which might number anything from 201 to 2,500. The members of the jury listened to speeches made by the persons-who had brought the case before them, and by their friends. Barristers did not participate in court proceedings, but professional speech-writers sometimes prepared speeches.

3. Roman law is one of the greatest systems that has ever existed. It was based upon custom, and by A.D.⁴ 528 the quantity of Roman Law had become so immense that the Emperor Justinian in Constantinopole ordered to make a clear, systematic code of all the laws.

4. Roman law had a deep influence upon the law of the world. It had a strong influence on the law of most European countries and some influence on Anglo-Saxon law, which is the other great law system of the world. After many years Roman law reappeared in the eleventh century, when there was a great revival of learning. Many European countries began to use Roman law in their courts. In France, however, until Napoleon codified the law in 1804, each province had its own laws. The Napoleonic Code was a splendid achievement, and it has influenced the law of many countries in Europe and South America.

Notes:

¹ Hebrew Law - древнееврейское право

² Book of Exodus - Исход (2-я книга Ветхого Завета)

³ B.C. before Christ - до нашей эры

⁴ A.D. anno Domini (лат.) - нашей эры

1. What ancient systems of law do we have knowledge of?

2. What book contains one of the earliest systems of law?

3. When did the Greeks begin to put their laws into writing?

4. What is one of the greatest systems of law?

5. What system of law had a great influence on the law of the world?

II. Письменно переведите 2-й и 4-й абзацы текста.

III. По суффиксу определите и выберите: 1) существительные, 2) прилагательные, 3) глаголы, 4) наречия.

Earliest, collection, early, law-giver, famous, legal, criminal, civil, writer, professional, systematic, Napoleonic, achievement, barrister, codify, participate.

IV. Определите видо-временную форму глагола в следующих предложениях. Предложения переведите на русский язык.

1. In the seventh century B.C. the Greeks began to put their laws into writing. 2. The laws of many European countries were developing on the basis of Roman law. 3. The Napoleon Code has influenced the laws of many countries in America. 4. In the first year you will study Roman law as it is the basis on the laws of most European countries. 5. The institute of jury still exists, in many countries. By the eleventh century many European countries had begun to use Roman law in their courts.

V. Переведите следующие предложения, обращая внимание на употребление глагола-сказуемого в страдательном залоге.

1. The law on partnership was codified by the Parliament in 1972. 2. Customs are not created by societies consciously. 3. Many general customs have been adopted by the courts and have become laws. 4. Customs are sometimes still recognized by the courts. 5. Roman law was used in the courts by many European countries. 6. Statutes are made by the Government, customs are created by the people.

VI. Заполните пропуски предлогами in, into, by, of, to.

1. The members ... the jury listened ... speeches and gave their verdict. 2. By A.D. 528 Roman law had become so immense that it was necessary to have a clear, systematic code ... all the laws 3. Customs are not made ... governments. 4. Laws are traditionally divided ... two main categories. 5. Solicitors do not participate ... court proceedings.

VII. Определите, является ли глагол"to have" смысловым или вспомогательным. Предложения переведите на русский язык.

1. Each country of the world has its own system of law. 2. In Greece each city had its own law. 3. The Atheans did not consider if necessary to have legal experts for non-criminal cases. 4. The members of the jury listened to the speeches made by the persons who had brought the case before them. 5. French public law has never been codified.

VIII. Определите функцию глагола"to be". Предложения переведите на русский язык.

1. The law is not enforced against young children. 2. Government-made laws are often patterned upon informal rules of conduct. 3. The task of the jury is to bring in a verdict. 4. The jury is still discussing the verdict. 5. The courts are interpreters of the law. 6. The general nature of the law is that it is enforced equally against all members of the nation.

IX. Переведите предложения, обращая внимание на степени сравнения прилагательных.

1. Many of the early rules of the common law were general customs. 2. One of the largest systems of law of which we have knowledge is the Code of Hammurabi. 3. The largest number of the jury was in Greece. 4. Roman law is one of the greatest systems which has ever existed. 5. Anglo-Saxon law is the other great system of law.

TEST II

I. Прочтите текст и письменно ответьте на вопросы, следующие за ним.