Listening

Tapescript – T. - 1

Task 4 Listen again and decide if the following statements are true or false.

1. Just laws protect human rights.

2. The Greek philosopher Socrates claims that someone who breaks the law is “a destroyer of the laws”.

3. Bob Marley organized marches for black’s right to vote.

4. In 1954 King won the Nobel Peace Prize.

Task 5 Answer the questions that follow, summarize their main ideas.

1. How many definitions of unjust law can you find in the text?

2. Which one seems to you the best?

3. What may unjust laws be used for?

4. According to the text, what is civil disobedience?

5. Who was the main theoretician of civil disobedience movement?

6. What famous activists of this movement are mentioned in the text?

7. Have you ever heard about those people?

8. What were the most important merits of Martin Luther King?

9. Do you agree that unjust law should be disobeyed? Why (why not)?

10. What may be the reasons for creating unjust laws?

11. Can you think of any other methods of changing unjust laws?

12. What would happen to the society if everyone who thought a law was unjust broke it?

13. Have you ever taken part in civil disobedience actions?

Section e Skimming reading

18. The text given below deals with the legal system in different countries. Skim the text and make the logical plan of the text.

Before skimming the text see the notes, given below the text.

Time limit – 15 minutes

Be sure to know that the term “skimming “is “looking for a gist”.

Legal Systems in different countries

The legal systems of the world today are generally based on one of three basic systems: civil law, common law, and religious law – or combinations of them. However, the legal system of each country is shaped by its unique history and so incorporates individual variations.

Civil law is the most widespread system of law around the world. It is also sometimes known as Continental European law. The central source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature, to amend a code.

Civil law today, in theory, is interpreted rather than developed or made by judges. Only legislative enactments (rather than legal precedents, as in common law) are considered legally binding.

Scholars of comparative law and economists promoting the legal origins theory usually subdivide civil law into four distinct groups:

• French civil law: in France, the Benelux countries, Italy, Romania, Spain and former colonies of those countries;

• German civil law: in Germany, Austria, Switzerland, former Yugoslav republics, Greece, Portugal, Turkey, Japan, South Korea and the Republic of China;

• Scandinavian civil law: in Denmark, Norway and Sweden. As historically integrated in the Scandinavian cultural sphere, Finland and Iceland also inherited the system.

• Chinese law: a mixture of civil law and socialist law in use in the People's Republic of China.

Common law and equity are systems of law whose sources are the decisions in cases by judges. Alongside, every system will have a legislature that passes new laws and statutes. The relationships between statutes and judicial decisions can be complex. In some jurisdictions such statutes may overrule judicial decisions or codify the topic covered by several contradictory or ambiguous decisions. In some jurisdictions judicial decisions may decide whether the jurisdiction's constitution allowed a particular statute or statutory provision to be made or what meaning is contained within the statutory provisions. Statutes were allowed to be made by the government. Common law developed in England, influenced by Anglo-Saxon law and to a much lesser extent by the Norman conquest of England which introduced legal concepts from Norman law, itself having origins in Anglo-Saxon law. Common law was later inherited by the Commonwealth of Nations, and almost every former colony of the British Empire has adopted it (Malta being an exception).

Common law is currently in practice in Ireland, most of the United Kingdom (England and Wales and Northern Ireland), Australia, New Zealand, India (excluding Goa), Pakistan, South Africa, Canada (excluding Quebec), Hong Kong, the United States (excluding Louisiana) and many other places. In addition to these countries, several others have adapted the common law system into a mixed system. For example, Nigeria operates largely on a common law system, but incorporates religious law.

Religious law refers to the notion of a religious system or document being used as a legal source, though the methodology used varies.

No legal system can be properly understood without investigating its religious roots. These roots are often both deep and durable. Indeed, the Roman Catholic Church has the longest, continuously operating legal system in the Western world.

In Europe in the 12th century, ecclesiastical law played an important role in a number of fields. Ecclesiastical courts claimed jurisdiction over a wide range of matters, including heresy, fornication, homosexuality, adultery, defamation, and perjury. Canon law still governs several churches, especially the Roman Catholic Church, the Eastern Orthodox Church, and the Anglican Communion of Churches.

The jurisdiction of Western legislatures and courts over exclusively religious matters is frequently curtailed, and many legal systems incorporate religious law or delegate to religious institutions matters of a domestic nature. Nevertheless, one of the hallmarks of Western legality is the separation between church and state.

While a number of prominent religious legal traditions co-exist with state systems of law, some have actually been adopted as state law. The most significant are Talmudic, Islamic, and Hindu law. All three derive their authority from a divine source: the exposition of religious doctrine as revealed in the Talmud, Koran, and Vedas respectively.

Hybrid law or mixed legal systems

In some jurisdictions two or more systems interact. In South Africa, for example, the existence of Roman-Dutch law is a consequence of the influence of Dutch jurists who drew on Roman law in their writing. The most prominent example of a hybrid legal system is the Indian legal system. India follows a mixture of civil, common law and customary or religious law. Separate personal law codes apply to Muslims, Christians, and Hindus. Decisions by the Supreme Court of India and High Court are binding on the lower courts. Further, most of the laws are statutory and it also has a Constitution which signifies the Civil nature of law in India.

Notes:

legislative enactments	законодавчі акти
overrule	скасовувати
durable	міцний
ecclesiastical law	церковне право
fornication	блуд
perjury	лжесвідчення
secularism	секуляризм
extinguished	погашено