The Sources of English Law

1. On the Continent the writings of legal authors form an important source of law. In England, in accordance with the tradition the courts are the interpreters of the law. The "sources" of law are the sources to which the courts turn in order to determine what it is. From the aspect of their sources, laws are traditionally divided into two main categories according to the form in which they are made. They may either be written or unwritten. These traditional terms are misleading, because the expression "written" law signifies any law that is formally enacted, whether reduced to writing or not, and the expression "unwritten" law signifies all unenacted laws. For example, judicial decisions are often reduced to writing in the form of law reports, but as they are not formal enactments they are "unwritten" law.

2. Under the influence of the Code Napoleon many continental countries have codified their law, public and private. On the Continent, therefore, the volume of written law is more than the volume of unwritten. In England in accordance with the tradition writings of the laws had comparatively little respect in the past and for the most part have never been enacted. So in England where more of the laws derive from judicial precedents, unwritten law is predominant. This does not, of course, mean that none of English law is codified. Many parts of it are codified: such as the law on the sale of goods (Sale of Goods Act 1979) and the law on partnership (Partnership Act 1890). All that means that although Parliament may and does make any laws it pleases, there is no whole system of codification which prevails in many continental countries.

3. Two principal and two subsidiary sources of English law must be mentioned. These principal sources are Legislation, and Judicial Precedent, the subsidiary sources are Custom and Books of Authority which carry a weight of authority almost equal to that of precedents.

1. What are the two main types of sources of law?

2. Are English laws "written"?

3. What does the expression "unwritten law" mean?

4. What do most of the laws in England derive from?

5. Are all "written" laws in England reduced to writing?

II. Письменно переведите 2-й абзац текста.

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

Interpreter, traditionally, expression, formally, judicial, enactment, continental, comparatively, predominant, partnership, codification, codify, legislate, enactment.

IV. Определите видо-временные формы глаголов в следующих предложениях. Предложения переведите на русский язык.

1. Many English laws derive, from judicial precedents. 2. In modern times most rules of law have reflected general custom. 3. Continental or Roman law has developed in most of Continental Europe, Latin America and many countries in Asia and Africa. 4. Common law was developing gradually throughout the history. 5. Continental systems of law have resulted from the attempts of governments to produce a set of codes. 6. The lawmakers wanted to show that legal rules of their citizens originated in the state, not in local customs.

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

1. The laws are interpreted by the courts. 2. The lawmakers were influenced by the model of the canon law of the Roman Catholic Church. 3. Laws had been put into writing by Greeks by the 16th century B.C. 4. In a civil case a verdict was given by a jury. 5. Don't worry. Speeches are being prepared by professional speech-writers. 6. The law of the world has been influenced by Roman law.

VI. Заполните пропуски предлогамиby, between, from, by, to, in, of.

1. There is no whole system ... codification which prevails ... many countries. 2. Judicial decisions are often reduced ... writing in the form of law reports. 3. Before 1066 law was administered ... series of local courts. 4. Common law systems differ ... Continental law. 5. In all societies relations ... people are regulated ... prescriptive laws.

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

1. Informal rules have very little to do with the laws created by governments. 2. English law has developed through decisions in individual cases. 3. The system based on English Common law has been adopted by many Commonwealth countries and most of the United States. 4. When they were codifying their legal systems they looked to the examples of Revolutionary and Napoleonic France. 5. Versions of Roman law had long influenced many parts of Europe but had little impact on English law. 6. Many customs have existed since "time immemorial".

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

1. Some laws are descriptive, others are prescriptive. 2. The ways in which people talk, eat and drink are guided by informal rules. 3. Uniform application of the law throughout the country was promoted by gradual development of the doctrine of precedents. 4. The rules of social institutions are observed by those who belong to them. 5. Throughout the history British courts were developing Common law. 6. Customs and court rulings are as important as status.

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

1. In England the volume of unwritten law is larger than the volume of written law. 2. Despite greater internationalization most law is still made and enforced by governments. 3. There is a great difference between the world's systems of law 4. The interpretation of the Courts remains till either a higher Court decides that this interpretation was wrong or Parliament passes another law. 5. One of the earliest codes - the Code of Hebrew law is contained in the Book of Exodus of the Bible.

UNIT II