Сопоставьте английские словосочетания с их русскими эквивалентами
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6. Прочитайте текст и укажите абзац, в котором говорится о…
- защите прав детей;
- законе о разводе;
- определение, что такое брак;
- детской безнадзорности.
April 15, 2015 byDr. PeterLaurie
http://lawandorder.com/
THE LAW AND THE FAMILY
The law relating to family disputes and obligations has grown dramatically since the 1970s, as legislators and judges have reexamined and redefined legal relationships surrounding Divorce, Child Custody, and Child Support. Family law has become entwined with national debates over the structure of the family, gender bias, and morality. Despite many changes made by state and federal legislators, family law remains a contentious area of U.S. law, generating strong emotions from those who have had to enter the legal process.
Historical Background
Most of the changes made in family law in the late twentieth century have been based on overturning concepts of marriage, family, and gender that go back to European Feudalism, canon (church) law, and custom. During Anglo-Saxon times in England, marriage and divorce were private matters. Following the Norman conquest in 1066, however, the legal status of a married woman was fixed by Common Law, and Canon Law prescribed various rights and duties. The result was that the identity of the wife was merged into that of the husband; he was a legal person but she was not. Upon marriage, the husband received all the wife's Personal Property and managed all the property owned by her. In return, the husband was obliged to support the wife and their children.
This legal definition of marriage continued in the United States until the middle of the nineteenth century, when states enacted married women's property acts. These acts conferred legal status upon wives and permitted them to own and transfer property in their own right, to sue and be sued, and to enter into contracts. Although these acts were significant advances, they dealt only with property a woman inherited. The husband, by placing title in his name, could control most of the assets acquired during marriage, thus forcing the wife to rely on his bounty.
Divorce law
Divorce law has also changed over time. In colonial America, divorce was extremely rare. This was partly because obtaining a divorce decree required legislative action, a process that was time-consuming and costly. Massachusetts in 1780 was the first state to allow judicial divorce. By 1900, every state except South Carolina provided for judicial divorce.
Even with availability, divorce remained a highly conflicted area of law. The Catholic Church labeled divorce a sin, and Protestant denominations saw it as a mark of moral degeneration. The adversarial process presented another roadblock to divorce. In the nineteenth century, consensual divorce was not known. For a couple to obtain a divorce, one party to the marriage had to prove that the other had committed a wrong of such weight that the marriage must be ended. The need to find fault was a legacy of family law that was not changed until the 1970s.
Finally, the issue of divorce raised the topic of child custody. Traditionally, fathers retained custody of their children. This tradition weakened in the nineteenth century, as judges fashioned two doctrines governing child custody. The "best-interests-of-the-child" doctrine balanced a new right of the mother to custody of the child against the assessment of the needs of the child. The "tender years" doctrine arose after the Civil War, giving mothers a presumptive right to their young children.
Protection of children
A family is very important for everybody. The law sees a family as a special institution. Family Law considers married and unmarried couples, and their children; custody of and responsibility for children; adoption of children, protection from violence in the home.
In most countries Family Law promotes the rights of every member of the family, regulates family relations by legislation.
In general, the welfare of children is the biggest concern of Family Law. All legal systems treat children differently from adults. There are special courts to deal with young people who commit crimes. In economically developed countries there are limits on type and amount of work a child is allowed to do. Parents have a duty to raise their children, to protect them and make decisions about health care and education.
Delinquency and family failure
The stability of a family life depends on steady relations between parents and children. The main reasons for family failure are parents’ unemployment, divorces, alcohol or drug abuse, antisocial way of life. However, some good families have problems with their children. Children require sound discipline which has two components: love to children and consistent control.
Problem families
A problem family is characterized by child-neglect. When parents live separately, they don’t take care of their children properly. One-parent family has financial problems.
Bad relations in the family and the lack of attention to children cause juvenile delinquency. Children often commit crimes because their family life is broken down by alcohol or drugs, parents’ criminal behaviour and isolation.
7. Ответьте письменно на вопросы.
1. Does the law affect married and unmarried people differently?
2. Why does the law treat the family as a “special institution”?
3. What is the biggest concern of family law?
4. Why is the family so important for a young child?
5. Why do “problem families” generate delinquents?
8. Переведите на английский язык:
1. Во многих странах семейные отношения регулируются на основе Семейного Права.
2. В первую очередь, Семейное право охраняет и защищает интересы детей.
3. Стабильность семьи зависит от отношений между родителями и детьми.
4. Любая проблемная семья характеризуется недостаточным вниманием к детям.
5. Причинами детской преступности являются плохие отношения в семье.