Text 5. Ancient systems of law

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.

In Greece each city state had its own law, some laws were common to many states. In the seventh century B.C. 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.

Roman law is one of the greatest systems that has 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 Constantinopole ordered to make a clear, systematic code of all the laws.

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-ая книга Ветхого Завета)

Exercise 17. Answer the question on text 5.

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?

Exercise 18. Read text 6 and translate it into Russian in written form.

TEXT 6. THE SOURCES OF ENGLISH LAW

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.

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.

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.

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