II. Complete the open dialogue and learn it by heart

B.	…
O.	As a matter of fact every society that has ever existed has recognized the need for law.
B.	…
O.	Strictly speaking these laws may have been unwritten, but even primitive people had rules to regulate the conduct of the group.
B.	…
O.	As far as I know law may be classified in various ways. The four main divisions are as follows: Criminal Law and Civil Law, Public Law and Private Law, Substantive Law and Procedural Law, Municipal Law and Public International Law.
B.	…
O.	On the contrary, Criminal Law is that part of the law which characterizes certain kinds of wrongdoings as offences against the State, not necessarily violating any private right, and punishable by the State.
B.	…
O.	I don't think so. Private citizens may legally enforce the criminal law by beginning proceedings themselves, but, except in minor cases of common assault, rarely do so in practice.
B.	…
O.	In my opinion Civil Law is concerned with the rights and duties of individuals towards each other.
B.	…
O.	As far as I am concerned the main distinction of civil law from criminal law is that in civil law the legal action is begun by the private citizen to establish rights against another citizen or group of citizens, whereas criminal law is enforced on behalf of or in the name of the State.

UNIT 13

ENGLISH LAW

BEFORE YOU READ

Answer these questions

1. What is a unitary state? Is the United Kingdom a unitary state? Why?

2. What do you know about the system of law operating in the UK?

READING TASKS

A. Understanding main points

Read the text below about characteristics of English law and answer these questions, beginning your answers with the fol­lowing phrases: as a rule …; to tell the truth …; as far as I know …; the matter is that …; as far as I remember …; as far as I am concerned …; frankly/strictly speak­ing …; to make a long story short …

1. Are there any differences between the law of Scotland and that of the remainder of the United Kingdom? What are they?

2. Do you agree that English law is one of the great legal systems of the world? Why?

3. What are the most important characteristics of English law?

5. What do you know about English common law and the law of Continental countries and Scotland?

6. What factors have tended to preserve the independent and uninterrupted growth of English law?

7. What is a legal code? Was codification a feature of Roman law? What countries was it adopted by?

8. What was the English common law formed from? What did these unwritten laws achieve under the Norman kings?

9. Have all parts of English law been codified today? Give examples.

10. Why were the early Norman judges considered to be important figures? Whose justice did they administer?

B. Understanding details

Mark these statements T (true) or F (false) according to the information in the text. Give your reason using the fol­lowing phrases: as a matter of fact ...; I don't think so …; I'm of the same opinion …; in my opinion …; on the contrary …; strictly speaking ...; to my mind ...

1. The United Kingdom does not have a single system of law within the state because it is a federation of states.

2. There is one system of law operating in England and Wales, Northern Ireland, and in Scotland.

3. English law is one of the great legal systems of the world, and a substantial proportion of it is ruled today by laws that came originally from this small island.

4. English common law, as well as the law of Continental countries and Scotland, was greatly influenced by Roman Law.

5. Old rules of law remain law despite their age, unless expressly repealed.

6. The geographical separation of England from the Continent, coupled with the Englishman's traditional respect for law, have tended to preserve the independent and uninterrupted growth of English law.

7. A legal code is a systematic collection of laws so arranged as to avoid inconsistency and overlapping.

8. Codification was a feature of English law and was adopted by nearly all Continental countries.

9. Although judges today may develop the common law within fairly narrow limits, they are mainly concerned with interpreting and applying statute law which is now the main source of legal development.

10. To achieve some consistency in decisions, the courts developed the practice that the lower courts are bound to follow decisions in higher courts.

ENGLISH LAW

The United Kingdom is a unitary State, not a federation of States. Nevertheless, it does not have a single system of law within that State. There are separate systems operating in England and Wales, Northern Ireland, and in Scotland. There are differences between the law of Scotland, influenced by Roman law, and that of the remainder of the United Kingdom, although since the Union with Scotland Act, 1707, these differences are now less marked on broad issues.

Due to the closeness of the association since the twelfth century between England and Wales on the one hand and Northern Ireland on the other, these countries have similar legal systems. Two important links uniting the system are: Parliament at Westminster is the supreme authority throughout the United Kingdom; the House of Lords is the final court of appeal.

English law is one of the great legal systems of the world, and a substantial proportion of it is ruled today by laws that came originally from this small island. The most important characteristics of English law are these: continuous growth, absence of codification (certain parts of English law have today been codified, e.g. the Bills of Exchange Act, 1882, and the Sale of Goods Act, 1979, though the Law Commission is working towards a codification of criminal law and contract), judicial character of the law, independence of judiciary, independence of lawyers, influence of procedure, no reception of Roman law, the doctrine of precedent, practical nature of the law.

It is known that a legal code is a systematic collection of laws so arranged as to avoid inconsistency and overlapping. Codification was a feature of Roman law and was adopted by nearly all Continental countries, notably France, Germany, Austria, and Switzerland. English law is traceable to Anglo-Saxon times. The English common law, which forms the basis of English law, was of native growth and was formed from the customs of the people. It was a little influenced by Roman Law, unlike the law of Continental countries and Scotland which was shaped by it. It has endured for 900 years and has continuously adapted itself to changing social and economic needs.

Whereas Continental countries have been subject to continual invasions, revolutions, declarations of independence and the like, the geographical separation of England from the Continent, coupled with the Englishman's traditional respect for law, have tended to preserve the independent and uninterrupted growth of English law. Old rules of law remain law despite their age, unless expressly repealed.

The common law was largely 'judge-made' from the existing customary laws. Judges formed or moulded the common law, and its growth and character can often be traced to outstanding men like Bracton, Coke, and Littleton. It is from the records and reports of cases tried by the judges that we derive our knowledge of early case law. The early Norman judges were important figures appointed by the Crown whose justice they administered. Under the Norman kings the unwritten laws achieved a fairly uniform legal system. Justice requires that a judge be impartial and independent of either party to a particular legal dispute. The Act of Settlement, 1701, provided that judges of superior courts 'hold office during good behaviour, that their salaries be ascertained and established, and that they be removed only on the address of both Houses of Parliament'. Although judges today may develop the common law within fairly narrow limits, they are mainly concerned with interpreting and applying statute law which is now the main source of legal development.

Procedure has influenced substantive law. At one time the existence of a legal right depended on whether there was a suitable writ with which to begin the action. The writ system governed early law. Such procedural rules affected the law itself and they have left their imprint.

To achieve some consistency in decisions, the courts developed the practice that the lower courts are bound to follow decisions in higher courts. It was emphasized by the House of Lords in Ainsbury v. Millington (1987) that it has always been a fundamental feature of the English judicial system that the courts decide disputes between the parties before them. They will not pronounce on abstract questions of law where there is no dispute to be resolved.