Cambridge — a University town

Unlike Oxford, which is both a university town and an industrial city, Cambridge, as the saying goes, "is" the University. Cambridge without the University is like Hamlet without the hero, or bacon without eggs. Although sometimes Town and Gown have their quarrels, the two are for the most part inseparable. In spite of this, we shall in fact now separate them for a moment, just to see how each of them has grown up.

All right then, first let's look at the town. Cambridge is so called because most of the town is built on the east side of the River Cam, a tributary of the Ouse. Slight hills rise gently on the south and west. Roman remains suggest the existence of a small town first situated around two hills, Castle Hill and Market Hill. Even today these two hills may be said to dominate the town. This is certainly true for those poor students who have to cycle up the steep slope¹ of Castle Hill on the way to lectures. Or even more true for those who risk cycling down it at top speed when their brakes are not working very well. Many shoes are worn out in this way. Market Hill still retains its importance too. Every day, and especially on Saturdays, its cobbled square is the scene of a busy market, selling all kinds of fruit, vegetables, groceries, trinkets, antiques, etc. Housewives come here to haggle (bargain) for their food, and students come in search of cheap books, which you can still buy for 6 p. or a shilling.

The beauty of the city is enhanced by a large number of commons and other open spaces, including Jesus Green and Midsummer Common, Parker's Piece and the Backs. The Backs are the landscaped lawns and flower-beds, very beautiful especially in spring, through which the Cam winds behind the main line of University colleges, including Queen's, St. Catharine's, King's, Trinity and St. John's. The river also passes under a se­ries of magnificent bridges, of which the Bridge of Sighs (in St. John's College), the old stone bridge of Clare College with thick stone balls on the parapets, and the Mathematical Bridge of Queen's are among the best known.

So you see, the River Cam has led us already from Cambridge to the University, from Town to Gown. For modern Cambridge has been described as "perhaps the only true University Town in England", and, indeed, the colleges provide the main architectural interest. The best known building in Cambridge is King's College Chapel (designed by Henry VI). Yet lofty spires and turrets" and fine stained-glass windows are notable features of the Chapel, which is one of the major monuments of English mediaeval architecture. Apart from this, there are now 22 colleges. The first one, Peterhouse, was founded in 1284, and in 1963 Churchill College (named after Sir Winston).

Until 1964, undergraduates (students studying for a first degree) had to wear black cloaks, called gowns, after dark, but now they are obliged to wear them for dinner and some lectures. This tradition is fast disappearing, but one which is still upheld is that of punting on the Cam. It is a favourite summer pastime for students to take food, drink, guitars (or, alas, transistor radios) and girl friends on to a punt (a long, slim boat, rather like a gondola) and sail down the river, trying very hard to forget about exams! Many students feel that they have not been christened into the University until they have fallen from a punt into the River Cam. This has almost become a tourist attraction.

Students also have an official excuse to "let themselves loose" once a year (usually in November) on Rag Day. On this day, hundreds of different schemes are thought up to collect money for charity, and it is not unusual to see students in the streets playing guitars, pianos, violins, singing, dancing, fishing in drains for money, or even just lying in beds suspended over the street swinging a bucket for money to be thrown into.

Such tradition, in such beautiful surroundings, often helps to make Cambridge almost as idyllic today as it was in the 13th century. The parking meters in the main street of King's Parade assert the presence of modern life, in contrast to the ancient chimes of the church bells in the evening.

(By Terry Doyle)

CAMBRIDGE UNIVERSITY

Cambridge is situated at a distance of 70 miles from London; the greater part of the town lies on the left bank of the river Cam crossed by several bridges.

Cambridge is one of the loveliest towns of England; it is not a modern industrial city and looks much more like a country town.

It is very green presenting to a visitor a series of beautiful groupings of architecture, trees, gardens, lawns' and bridges. The main building material is stone having a pinkish colour which adds life and warmth to the picture at all seasons of the year. The dominating factor in Cambridge is its well-known University, a centre of education and learning, closely connected with the life and thought of Great Britain. Newton, Byron, Darwin, Rutherford and many other scientists and writers were educated at Cambridge. In Cambridge everything centers on the University and its colleges.

The oldest college is Peterhouse, which was founded in 1284. The most recent is Robinson College, which was opened in 1977. The most famous is probably King's, because of its magnificent chapel. Its choir of boys and undergraduates is also very well known.

The University was exclusively for men until 1871 when the first women's college was opened. Another was opened two years later and a third in 1954. In the 1970s, most colleges opened their, doors to both men and women. Almost all colleges now are mixed, but it will be many years before there are equal numbers of both sexes. Until today there are more than twenty colleges in Cambridge.

There is a close connection between the University and colleges, though they are quite separate in theory and practice.

Each college has its own building, its own internal organization, its own staff and students. In order to enter the university, one must first apply to a college and become a member of the university through the college. The colleges are not connected with any particular study. Students studying literature, for example, and those trained for physics may belong to one and the same college.

However the fact is that one is to be a member of a college in order to be a member of the University. The colleges are governed by twenty or thirty "fellows". Fellows of a college are "tutors" (teachers, often called "dons"). Each tutor has 10-12 students reading under his guidance. Tutors teach their own subject to those students in the college who are studying it, and they are responsible for their progress.

Every college is governed by a dean. Discipline is looked after by proctors and numerous minor officials called "bulldogs".

The University is like a federation of colleges. It arranges the courses, the lectures and the examinations, and grants the degrees.

A college is a group of buildings forming a square with a green lawn in the centre. An old tradition does not allow the students to walk on the grass: this is the privilege of professors and headstudents only. Most of the colleges, however, allow visitors to enter the grounds and courtyards. The most popular place from which to view them is from the Backs, where the college grounds go down to the river Cam.

Students study at the University for four years, three terms a year. Long vacation lasts about three months. There are many libraries at Cambridge; some of them have rare collections of books. In one of them among the earliest books by Shakespeare and other great writers one may see an early description of Russia by an Englishman on diplomatic service there (in 1591) and a Russian reading book of the seventeenth century.

 

THE NATURE OF LAW

 

Warming up:

1. Give the examples of customs, principles of morality and legal rules. What legal rules are formed out of the customs of the people?

2. Who creates laws? Who is responsible for fairly and just administration of law?

 

Vocabulary notes:

conduct	поведінка
companionship	товариство
order	керувати
compulsion	примус
obedience	слухняність
transgression	правопорушення
ethical precept	етичні принципи
conscience	совість
justice	правосуддя
agreement	згода
behavior	поведінка
authorized body	адміністративний орган
to impose	накладати
to enforce	запроваджувати, заставляти
to draw up	укладати
to ensure	гарантувати, забезпечувати
to comprise	складатися
to guide	регулювати, керувати
to approve	схвалювати
to be vested	бути уповноваженим
to lay down	покладати
to subject to smth.	підкорятися
to carry out	здійснювати
to mould the law	формувати
to attain justice	добиватися, досягати
to resolve disputes	розв’язувати суперечки
to facilitate	допомагати
to limit	обмежувати
to inhibit	забороняти
coercive	примусовий

THE NATURE OF LAW

The term 'law' is used in many senses: we may speak of the laws of physics, mathematics, science, or the laws of football. When we speak of the law of a state we use the term 'law' in a special and strict sense, and in that sense law may be defined as a rule of human conduct, imposed upon and enforced among, the members of a given state.

People are by nature social animals desiring the companionship of others, and in primitive times they tended to form tribes, groups, or societies, either for self-preservation or by reason of social instinct. If a group or society is to continue, some form of social order is necessary. Rules or laws are, therefore, drawn up to ensure that members of the society may live and work together m an orderly and peaceable manner. The larger the community (or group or state), the more complex and numerous will be the rules.

If the rules or laws are broken, compulsion is used to enforce obedience. We may say, then, that two ideas underline the concept of law: (a) order, in the sense of method or system; and (b) compulsion - i.e. the enforcement of obedience to the rules or laws laid down. When referring to 'the law' we usually imply the whole of the law, however it may have been formed. As we shall see later, much of English law was formed out of the customs of the people. But a great part of the law has been created by legislation, i.e. the passing of laws. Common law and statutory law together comprise what is referred to as the 'Law of England'.

People resort to various kinds of rules to guide their lives. Thus moral rules and ethics remind us that it is immoral or wrong to covet, to tell lies, or to engage in drunkenness in private. Society may well disapprove of the transgression of these moral or ethical precepts. The law, however, is not concerned with such matters and leaves them to the individual's conscience or moral choice and the pressure of public opinion: no legal action results (unless a person tells lies under oath in a court, when he or she may be prosecuted for perjury). Thus there is a degree of overlap between moral and legal rules.

Law serves a variety of functions. Laws against crimes, for example, help to maintain a peaceful, orderly, relatively stable society. Courts contribute to social stability by resolving disputes in a civilized fashion. Property and contract laws facilitate business activities and private planning. Laws limiting the powers of government help to provide some degree of freedom that would not be otherwise possible. Law has also been as a mechanism for social change, for instance, at various times laws have been passed to inhibit social discrimination and to improve the quality of individual life in matters of health, education, and welfare.

We sometimes think of laws as being laid down by some authority such as a monarch, dictator, or group of people in whom special power is vested. In Britain we can point to legislation for examples of law laid down by a sovereign body, namely Parliament. The legal author John Austin (1790-1859) asserted that law was a command of a sovereign and that citizens were under a duty to obey that command. Other writers say that men and women in primitive societies formed rules themselves, i.e. that the rules or laws sprang from within the group itself. Only later were such rules laid down by a sovereign authority and imposed on the group or people subject to them.

Clearly, unless a law is enforced it loses its effectiveness as a law and those persons subject to it will regard it as dead. The to secure obedience of law is that it is enforced, such enforcement being today carried out by the State. Thus if A steals a wallet from В, itmay be prosecuted before the court and may be punished. The court may then order the restitution of the wallet to its rightful owner, B. The 'force' used is known as a sanctionand it is this sanction which the State administers to secure obedience to its rules.

The law is a living thing and it changes through the course of history. Changes are brought about by various factors such as invasion, contact with other races, material prosperity, education, the advent of new machines or new ideas or new religions. Law responds to public opinion and changes accordingly. Formerly the judges themselves moulded and developed the law. Today an Act of Parliament may be passed to change it.

People desire justice in their personal, social and economic dealings. There is no universal agreement on the meaning of justice, and ideal or perfect justice is difficult to attain in this life. People strive for relative justice, not perfect justice; and good laws assist to that end. It is the business of citizens in a democracy to ensure that wise laws are passed and that they are fairly administered in the courts of law.

 

COMMENTARY Термін "law" в англійській мові у значенні "право" як наука, спеціальність чи система та їх області чи галузі, відноситься до необчислювальних іменників [U] і використовується без артикля чи з означеним артиклем: the study of law, commercial law; the law of nations, а в значенні "закон", "правило поведінки" чи "процедура" термін "law" відноситься до обчислюваних іменників [С] і використовується в однині та в множині: а Bill becomes a law; the laws of a game и т.д.

 

Task 1. Read the text carefully and decide if the following statements are true or false. Add some other information:

1. When we speak of the law of a state we may speak of the laws of physics, mathematics, science, or the laws of football.

2. As the law of the state law may be defined as a rule of human conduct, imposed upon and enforced among, the members of a given state.

3. Rules or laws are drawn up to ensure that members of the society may live and work together m an orderly and peaceable manner.

4. If the rules or laws are broken no compulsion is used to enforce obedience.

5. A great part of the law has been created by the customs of the people

6. Laws were being laid down by some authority such as a monarch, dictator, or group of people in whom special power is vested.

7. Unless a law is enforced it doesn’t lose its effectiveness

8. Formerly the judges themselves moulded and developed the law.

9. It is the business of authorities in a democracy to ensure that wise laws are passed.

 

Task 2. Give Ukrainian equivalents for the following words and expressions:

conduct, to impose, obedience, transgression, ethical precepts, to be under a duty, to develop the law, facilitate business activities, to mould the law, the individual's conscience, compulsion, statutory law, to attain justice, to draw up the law, economic dealings, to provide freedom, pressure of public opinion, a degree of overlap, social change, to secure obedience, to administer the law, to carry out enforcement, to impose rules, to lay down laws

Task 3. Give English equivalents for the following words and expressions:

правила людської поведінки, не схвалювати правопорушення, розглядати судові справи, утворений зі звичаїв, товариство інших, підтримувати порядок, частковий збіг між нормами моралі та юридичними законами,, забезпечувати слухняність, етичні принципи, суспільний правопорядок, забезпечувати дотримання закону, забороняти соціальну дискримінацію, укладати закони, член суспільства, гарантувати слухняність.

 

Task 4.Find in the text words that go with the following nouns:

1___________	1__________
2____________	2__________
3____________	3__________
4 ___________ law	4__________ justice
5____________	5___________
6____________	6___________

 

Task 5. Match the following words and expressions with their Ukrainian equivalents:

I.

1. to enforce obedience 2. the companionship of others 3. rule of human conduct 4. social order   5. disapprove of the transgression   6. formed out of the customs 7. ethical precepts   8. overlap between moral and legal rules 9. to maintain order 10. to decide lawsuits	1. етичні принципи   2. суспільний правопорядок 3. підтримувати порядок 4. правила людської поведінки 5. частковий збіг між нормами моралі та юридичними законами 6. розглядати судові справи 7. забезпечувати слухняність 8. утворений зі звичаїв   9. товариство інших 10. не схвалювати правопорушення
II. 1. to enforce the law 2. to resolve disputes   3. to pass a law     4. to promote human dignity 5. to secure obedience   6. to find in legislation 7. to inhibit social discrimination 8. to facilitate business activities 9. to maintain orderly stable society	1. гарантувати слухняність 2. підтримувати людську гідність 3. запроваджувати закон (забезпечувати дотримання закону) 4. сприяти підприємницькій діяльності 5. забороняти соціальну дискримінацію 6. вирішувати суперечки 7. зберігати упоряджене суспільство 8. закріплювати у законах   9. створювати закони

 

Task 6. Choose the synonyms from the box:

 

fulfill, power, disobedience, guarantee, form, cause, try, principle, restrict, reach, assist, subjugate, behaviour, establish, oblige, mean

 

mould – carry out – attain – subject – transgression – facilitate – limit – ensure –

conduct – precept – lay down – enforce – imply – authority – strive – reason –

 

Task 7. Write down the word families of the following words and translate them:

 

to obey   to guide   to approve

to agree   to order

Task 8. Translate into English:

1. Закон – це правила людської поведінки, що застосовуються членами суспільства певної держави.

2. Людина за природою – соціальна істота, що прагне товариства інших.

3. Щоб існувала спільнота людей, необхідний соціальний порядок.

4. Правила та закони створюються, щоб забезпечити мирне та впорядковане життя та роботу членів суспільства.

5. Право утворилось з традицій народу, але більша його частина створена законодавчою гілкою влади.

6. Загальне право та статутне право складають Англійське право.

7. Право слід відрізняти від інших законів соціального контролю та норм поведінки, таких як: мораль, етика, громадська думка, звичаї та традиції.

8. Право виконує такі функції:

а) підтримка порядку у суспільстві

б) розв’язує суперечки цивілізованим шляхом

в) підтримує економічну діяльність

г) обмежує владу уряду, запроваджує свободу членів суспільства

д) забороняє соціальну дискримінацію.

9. Право змінюється протягом історії.

10. Люди прагнуть справедливості у приватному, суспільному житті та економічній діяльності, а гарні закони допомагають цьому.

11. Справа громадян забезпечити прийняття мудрих законів та справедливе застосування їх у судах.

 

Task 9. Use the information given in the text to answer the following questions. Discuss your answer with other members of the class:

1.Why did people tend to form tribes in primitive times?

2. What formed English Law?

3. Are legal rules and actions distinguished from other means of social control?

4. Do people suffer any penalty when they break moral rules and ethics?

5.Who formed rules and laid down laws in ancient times?

6. What factors brought changes into the law?

7. What are the main functions of the law?

8. Who develops the law in Great Britain nowadays?

9. Who is to ensure passing of wise laws in a democracy?

 

Task 10. Discuss your ideas in pairs and then exchange opinions with the whole class:

1. Can any society do without laws?

2. It is the business of citizens in a democracy to ensure that wise laws are passed.

 

Task 11. Read and translate the text:

 

THE NOTION OF LAW

The English word «law» refers to limits upon various forms of behaviour. Some laws are descriptive: they simply describe how people usually behave. Other laws are prescriptive - they prescribe how people ought to behave.

In all societies, relations between people are regulated by prescriptive laws. Some of them are customs - that is, informal rules of social and moral behaviour.

If people break these rules they do not suffer any penalty, but they may be criticized by other members of the society. Moreover, the people who do not observe these unofficial rules of behaviour can remain in isolation as the people around them may refuse to deal with them.

Laws are rules that are supported by the power of government. The whole system of punishment exists for those who do not wish to obey these official rules.

The person who breaks the law is called an offender or a law-breaker.

There are offences against international law and order, offences against property, against public order, against the person, against the state, etc. Laws may be written and unwritten. These traditional terms are misleading, because the expression «written» law signifies any law that is formally enacted or passed by Parliament, and the expression «unwritten» law signifies all unenacted laws, that is the laws not passed by Parliament.

On the Continent the volume of written law is more than the volume of unwritten. It can be explained by the fact that under the influence of the Napoleon Code many continental countries have codified their law.

In England in accordance with the tradition many laws have never been enacted, they have derived from judicial precedent. That is why in Great Britain unwritten law is predominant.

This does not mean that none of English law is codified. It only signifies that though Parliament «produces» a lot of acts, there is no whole system of codification, which prevails in many continental countries.

Task 12.Find in the text the words of the same root:

to describe; prescription; behaviour; to relate; observation; official; to isolate; refusal; to punish; existence; abeyance; to offend.

 

Task 13. Answer the questions:

1) What is the difference between prescriptive and descriptive laws?

2) Are customs formal rules of behaviour?

3) Do people suffer any penalty when they break customs?

4) When can people remain in isolation?

5) What may happen to a person who does not obey laws?

6) Is there any difference between the terms 'an offender' and «a law-breaker»?

 

Task 14. Complete the sentences:

1) The person who breaks the laws is called....

2) The people who do not observe customs may....

3) Laws are rules that...

4) The whole system of punishments exists for those....

5) Descriptive laws simply....

6) Prescriptive laws show....

 

Task 15. Make up sentences using the key words and expressions:

1) to break // to suffer penalty // unofficial rules

2) isolation // to remain // not to observe

3) the system of punishment // not to obey // to exist

4) offender // to call // to break the law

5) to regulate // relations // prescriptive laws

Task 16. Translate the text into Ukrainian:

THE LAW

The Law and the Church are powerfully interlocked with the History of Britain. Both judges and bishops sit in the house of Lords, and are honoured with ancient titles. Both reached a climax of fame in Victorian times. Both have been intensely conservative and resistant to change—as their votes in the House of Lords showed.

The Victorian prestige of the law is expressed in the Royal Courts of Justice, built in 1880 when the profession was at its height. A broad doorway leads into a fake-medieval hall, like a stripped-down cathedral, another with big black-letter notices announcing “Lord Justice’s Court”, or “Wash and Brush Up”. Ordinary dark-suited men carrying blue or red bags walk into a room by entrance, and emerge a few minutes late solemnly wearing horse-hair or nylon wigs and flowing gowns.

The conservatism of English lawyers is reinforced by their strict division into solicitors and barristers – found only in New Zealand, South Africa, New South Wales and Great Britain. Only solicitors are allowed to deal directly with the public. They perform all routine business: but when they have to take care to the central courts, they must employ a barrister to plead.

A barrister is required to have reached an accepted educational standard, to have passed the legal examinations conducted by the Council of Legal Education and to have become a member of the Inns of Court.

SUPPLEMENTARY READING

 

Task 1. Read and translate the following text:

LEGAL LANGUAGE

Legal writing in English has developed over hundreds of years and is characterized by specific features, some of which can make it difficult for the non-lawyer to understand. Characteristics of legal writing include: using Latin terms, using technical terms ("subsidiarity"), using old-fashioned words not much in general use, using pairs оf words with a reciprocal relationship ("lessor/lessee"), using legal jargon ("without prejudice to") including the use of pairs of words ("terms and conditions") or triplets ("build, erect or construct"), having special meaning for words in ordinary use ("The judge determined the facts of the case." where "determined" means "decided"), using vague words ("provide a sufficient service"), using long sentences with little punctuation, inverting word order ("title absolute"), using capital letters to signal important or defined terms ("the terms of the Lease..."), avoiding personal pronouns, the specific use of the modal verb "shall" to impose an obligation or duty on someone ("The tenant shall not sublet the whole or part of the premises."), the use of "shall" in a directory use ("Notice of an appeal shall be filed within 28 days.").

There is a movement to draft legal texts in standard, modern, "plain" English but any change will be slow.

There are many Latin terms in written English legal texts, although recent reforms in the English justice system have encouraged the use of English rather than Latin. Some Latin terms arc used so frequently that they are in general English use (e.g., bona fide, pro rata, etc.). It is useful to be able to recognize their meaning and a dictionary or on-line glossary will help. Forms of pronunciation vary.

 

ad hoc - for this purpose affidavit - witnessed, signed statement bona fide - in good faith caveat – warning de facto - in fact de jure -- by right et cetera - and so on exempli gratia - for example ex parte - by a party without notice id est - that is in camera - hearing a case in private in citu - in its original situation

inter alia - among other things ipso facto - by the fact per pro - on behalf of another per se - by itself prima facie at first sight pro rata - in proportion quasi -- as if it were sub judice - in the course of trial ultra vires beyond the power videlicet - namely in curia -in open court

 

A number of linking words are used in older written legal texts (case reports, legislation, court documentation, etc.) to refer to other parts of the same text, to different legal documents, or to related contexts.

 

the aforementioned/ the aforegoing - set out above/ written above the undermentioned - set out below/ written below hereafter - alter this hereby - in this way/ by this herein - in this (document) hereof- of this hereto - to this herewith - with this notwithstanding - despite thereafter - after that thereby - in that way/ by that therein- in that (document) thereof- of that thereto - to that therewith - with that

Task 2. Underline the characteristic features of above-mentioned legal writing (for example, using old words) in the following consumer contract terms (1-3). Then complete the revised versions in plain terms (a-c) with appropriate words from the original terms (1-3).

1. This Agreement and the benefits and advantage herein contained are personal to each Member and shall not he sold, assigned or transferred by the Member.

2. Lessor shall not he liable for loss of or damage to any property left, stored or transported by Hirer or any other person in or upon Vehicle either before or after return thereof to Lessor. Hirer hereby agrees to hold Lessor harmless from, and indemnify Lessor against all claims based on or arising out of such loss or damage unless caused by the negligence of Lessor.

3. Title to property in the good shall remain vested in the Company (notwithstanding the delivery of the same to the Customer) until the price of the Goods comprised in the contract and all other money due from the Customer to the Companv on any other account has been paid in full.

 

A …………. is not transferable.

B We are only.................. for.............. or damage to................... left in the……….if the loss or damage………... from our………..

C We shall retain ownership of the …………… until you have finished…………… for them.

 

Task 3. Match the sentences containing the Latin terms (1-7) with the sentences which have similar meaning (a-g).

1 There is a prima facie case to answer. 2 They have entered a caveat 3 Their action was ultra vires 4 The newspapers cannot report details of the case because it is sub judice. 5 An ex parte application was lodged at the court. 6 The court set in camera. 7 An ad hoc committee was formed.

a The acted in a way which was beyond their legitimate powers. b An application for an injunction was made to the court by one party but no notice was given to the other party. c The case was heard in private, with no members of the public present. d They have warned us they have an interest in the case, so the will need notice before we take any further steps. e A committee was set up for the particular purpose for investigation the issue. f The action should proceed because one side has shown there seems to be sufficient evidence. g The case cannot be mentioned in the media if it is likely to prejudice court proceedings.