Part one: conversational and grammar topics

1. 4Th year 7th term

1.1. Sources of modern law

1.1.1 Study these words before reading the text.

law – закон, право

written law – писаный закон

unwritten law – неписаный закон

enacted law – закон, установленный в законодательном порядке

common law – общее право

Roman law – Римское право

constitutional law – конституционное право

case law – прецедентное право

statute – законодательный акт, закон

code – кодекс, свод законов

judicial decision = judge made decision - судебное решение

precedent – (судебный) прецедент

binding precedent – обязывающий прецедент

custom – обычай

rule – зд. постановление, приказ; также правило, норма, принцип

regulation – постановление, распоряжение, директива

delegated legislation – делегированное законодательство

to prevail = to predominate = to preponderate – преобладать, превалировать

to codify – кодифицировать

to bind (bound, bound) – обязывать (законом и т.п.), связывать (договором и т.п.)

custom = convention – обычай

conventional = customary – обычный

1.1.2 Read and translate the text.

Considered 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. ‘Written’ law means any law that is formally enacted, ‘unwritten’ law means all unenacted law (for example, judicial decisions and customs).

Every independent country has its own system of law according to each country’s social tradition and form of government. But most systems can be classified as either (1) a common-law system or (2) a Roman-law system. Great Britain (except Scotland), most of the United States, Australia and other English-speaking countries have a common-law system. Most continental Europe and Latin America have a Roman-law system. Many countries combine features of both systems.

In common-law systems unwritten law predominates. The common-law system began in England many hundreds of years ago. English called their system the ‘common’ law because it applied throughout the land.

By the common law tradition we mean a system of judge-made law which has developed over the years into case law through the decisions of judges. These decisions are called precedents. If the essential elements of a case are the same as those of previous recorded cases, then the judge is bound to reach the same decision (the doctrine of ‘binding precedent’). If no precedent can be found, then the judge makes a decision based on existing legal principles and this decision will become a new precedent.

The fact that case law prevails in common-law countries does not mean, of course, that none of their law is enacted and codified. Statutes (or legislative acts) enacted by legislatures form another important source of law in common-law countries. Governmental agencies and departments, in their turn, often have the power to make rules and regulations in accordance with the authority given to them by the legislative bodies, which are similar to statutes (so called delegated legislation).

In addition, constitutional law in these countries is very important as the starting point of all laws and the guarantee of the people’s rights and liberties.

In Britain, custom is still important as a source of unwritten law. Many of the fundamental Constitutional provisions are ‘conventional’ (i.e. customary), rather than legal rules.

Many continental countries with Roman-law systems have codified (assembled their statutes into codes) much of their law, public and private; on the Continent, therefore, written law preponderates over unwritten. In Roman-law countries, such as France, Germany, Mexico and others, the statutes, not the courts, provide the final answer to any question of law. Judges may refer to precedents in making their decisions. But they must base every decision on a particular statute, not on precedent alone.

Many countries have patterned their systems from both Roman law and common law. For example, Japan and most Latin American nations have assembled all their private law into a code. But public law in these countries has been greatly influenced by common-law principles, especially those that guarantee the rights and liberties of the people.