V. Choose the right word or word-combination.

1. The English word “law” refers to limits upon various…

a/ rules of social institutions b/ members of the society

c/ forms of behaviour

2. The rules of social institutions are not enforceable by any …

a/ political authority b/ social rules c/ social relations

3. …need not be made by governments and they need not be written down.

a/ rules b/ laws c/ customs

4. When governments make ….for their citizens they use a system of courts backed by the police.

a/ customs b/ relations c/ laws

5. Government-made laws are often patterned upon informal….which

already exist in society.

a/ norms of behaviour b/ rules of conduct c/ social norms

VI. Complete the sentences.

1. Descriptive laws describe how people usually ….. 2. In all societies …regulated by prescriptive laws. 3. it is important to distinguish between …. 4. sometimes we can break the rules and do not suffer…. 5. If we continually … of social institutions other people may refuse to do with us.

VII. Mark the statements that are true.

1. Social customs and rules are both enforced by governments. 2. Many laws reflect social customs. 3. The ways in which people talk, eat and drink are regulated by laws made by governments. 4. Informal rules have very little to do with laws made by governments. 5. Prescriptive laws prescribe how people behave. 6. Relations between people are regulated by customs, rules of social institutions and government-made laws.

VIII. Answer the questions on the text.

1. What does the English word “law” refer to? 2. What regulates the relations between people? 3. Are customs made by governments? 4. How do we learn how to behave in society? 5. How do governments enforce the laws which they make?

TEXT B. CUSTOMS

Task: read the text, find the answers to the questions given below.

Customs are social habits, patterns of behaviour, which all societies evolve without express formulation or conscious creation. Custom is one of the principal sources of law; originally law was based upon it. Moreover, custom is not important only as a source of law, for even today some customary rules are still observed and they have almost the same power as rules of law. The only difference is that their observance is not enforced by the organs of the State. Thus, many of the fundamental rules of the Constitution are "conventional" (i. e. customary) rather than legal, rules.

But in modern times most general customs (i. e. customs universally observed throughout the realm) either do not exist or have become absorbed in rules of law. For example many of the early rules of the common law were general customs which the courts adopted, and they have become laws.

On the other hand customs of particular groups of people living in particular localities, are sometimes still capable of creating a special "law" for the locality in question which is different from the general law of the land.

But such variants will only be recognized if certain conditions are satisfied. The following are among the more important of those conditions. The custom must (1) not be unreasonable, (2) the right must be claimed by or on behalf of a defined group of people, (3) must have existed since "time immemorial". This means that it must go back to 1189 (by historical accident the terminal date of "legal memory").

1. What is one of the principal sources of law?

2. Is custom important only as a source of law?

3. What is the difference between customary rules and rules of law?

4. Do customs still create new laws?

5. What conditions must such customs satisfy?

 

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 Law. 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 Statue Law- статутное право, писаный закон

2 Case Law- прецедентное право

 

Section III. Lexico-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 1900B.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. 528 the quantity of Roman Law had become so immense that the Emperor Justinian in Con-stantinopole 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 reapeared 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 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 it 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.

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.