States and Systems Unit 2

Introduction to Law Russian Federation

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Lead-in

1 Look at the pictures. Can you name any of the events, people or the buildings? Match them to the pictures.

1. debates

2. elections

3. the Kremlin

4. the leader of a political party

2 Scan the abstract and explain the term “Law”. What is “Law”?

This is mostly a philosophical question, which probably has no answer, but some theorists have attempted to do so. It is possible to describe law as the body of official rules and regulations, generally found in constitutions, legislation, judicial opinions, that is used to govern a society and to control the behaviour of its members. So law is a formal mechanism of social control. Legal systems are particular ways of establishing and maintaining social order.

3 Read the quotes of famous philosophers and jurists explaining the term “Law” and choose the one you like best. Compare with a partner. Give reasons.

John Austin (English jurist born 1790)

"A body of rules fixed and enforced by a sovereign political authority."

Professor Hart (Oxford Professor of jurisprudence, born 1907)

“Law is a system of rules, a union of primary and secondary rules.”

Karl Llewellyn (American legal scholar born 1893)

"What officials do about disputes."

Thomas Hobbes (English philosopher born 1588)

"Law is the formal glue that holds fundamentally disorganized societies together."

4 Find you own definition of law.

Reading 1

1 Read the text and tick the issues it addresses.

1. the first laws: laws of Babylon

2. the foundation of legal system

3. public and civil laws

4. the concept of justice

5. the causes of crime

The Nature of Law

The oldest legal system we know of is the Egyptian system developed around 3000 BC, elements of which were still in force under the Roman occupation three thousand years later; the most complete early system is the Code of Hammurabi (Babylon (Iraq) about 1750 BC). However, they say that primitive legal systems existed much longer ago than that.

Tribal societies gradually evolved into territorial societies, and states of modern kind began to emerge. Each of these states developed its own legal system, some of which had a lasting influence: Roman law in particular remained important for many centuries, and many English universities still teach it today. It is the principle source of law in Scotland and Europe.

Until recently government was seldom concerned in matters affecting the aspects of criminal law, taxation and property rights. The growing complexity of life has necessarily led governments to intervene in many aspects of our daily lives. What motives do governments have in making and enforcing laws? Social control is definitely one purpose. Public laws establish the authority of the government itself, and civil laws provide interaction among citizens. Without laws there would be disorder in society.

Another purpose is the implementation of justice. Justice is a concept that most people feel is very important but difficult to define. Sometimes a just decision is simply a decision that most people feel is fair. But can we create a just society by simply observing public opinion? In general, governments are guided by more practical considerations such as rising crime rates.

There are differing views of how law maintains social order and promotes social order in the state. The economic perspective and fundamental human rights are currently major factors in the function and role of society today in a way that they have never been before.