Английский язык для студентов юридических вузов и факультетов. Учебник

LESSON THREE

5. Combine two sentences into one according to the model.

Model 1. A: American lawyers resisted a comprehensive codification of law in the European sense. But the late 19th and early 20th centuries were the time of systematic formulation of legal norms.

В: Although American lawyers resisted a comprehensive codification of law in the European sense, the late 19th and early 20th centuries were the time of systematic formulation of legal norms.

Prompts: 1. The struggle between positivist and natural law conceptions has dominated American legal thinking. But there have been other intellectual developments, which also left their mark on American legal institutions. 2. The American legal system is largely derived from England. But American lawyers have not followed the English practice in the organization of the legal profession. 3. Large legal firms play an important part in the American legal profession. But they are not very typical of the U.S.A. 4. Courtroom work is very important in legal practice. But it has come to represent only a small portion of the work done by lawyers. 5. Lawyers make their living from private practice, for the most part. But they also have important public responsibility.

Model 2. A: The U.S.A. is a very large and complicated country. The organization of lawyers is also rather involved.

B: Since the U.S.A. is a very large and complicated country, the organization of lawyers is also rather involved.

Prompts: 1. The foundations of the law of England and America are judge-made. There is a large historical ingredient in legal thinking. 2. He had a certain talent for scientific work. The professor encouraged him to write a report on modern legal philosophies. 3. Lawyers fill many appointive offices in federal, state, and local govern-

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ments. It is a matter of first importance that lawyers should have broad training. 4. The public knows little about what an ordinary lawyer is doing. He is often unappreciated by the general run of people in the community.

Model 3. A: You should plan the project carefully. You will reduce the inefficiencies in your work.

B: If you plan the project carefully, you will reduce the inefficiencies in your work.

Prompts: 1. You should produce legal service to clients at lower cost. You will be able to develop more work. 2. You should control working hours of the clerks. They will be more efficient. 3. You should use computers in producing legal service. The quality of your work will be better. 4. You should introduce a quality control system in your law firm. It will create a competitive advantage. 5. You should plan projects ahead. You will have less chance of surprise.

II. Conversational Formulas

Ways of Asking for Points of View

a) Addressing a Person

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Exercises

1. Read the following flashes of conversation.

1.

A:What do you think about his report on the history of law in England?

B:I think it was most interesting. And what’s your opinion about it?

A: It seems to me that he failed to give some important details.

2.

A:What’s your opinion of his article “Modern Trends in the Philosophy of Law”?

B:I think it’s descriptive rather than theoretic.

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3.

A:Has anybody any comments to make on the report you have heard?

B:It’s perfectly clear to me that the speaker has carried out thorough scientific research.

C:Precisely.

A: Any other reaction to that?

D:I suppose Mr. B. is right saying that the research has been carried out thoroughly, but in my opinion the author could have given more illustrative material to support his point of view.

E:I agree.

4.

A:I’m convinced that his point of view won’t be supported by the majority of the committee.

B:I wouldn’t say that. I feel quite sure that the committee will support his point of view. His ideas are well-grounded.

5.

A:I feel that this project could be very interesting for our firm.

B:Sure, but it’s rather risky.

A:Risky? But if everything is O.K., we’ll make a good.

B:That’s true. But we should consult a lawyer first.

A:You mean that everything must be correct from the legal point of view, eh?

B:Absolutely.

A:I think you are right. Let’s ask Mr. Simpson to study the draft con-

tract.

B:That’s out of the question. He hasn’t had much experience yet. I think we should ask Mr. Elton to do it.

A:I’ll agree to that.

6.

A:What do you feel about his idea of organizing a conference “Modern Society and Legal Philosophies”?

B:I believe it’s not a bad idea.

C:So do I.

7.

A:What do you think about the problems professor Parker mentioned in his report?

B:To my mind all of them are vital for legal practice.

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LESSON THREE

2. Working in pairs make up dialogues similar to those in exercise 1.

a) Ask your colleague’s opinion on the article you have read; b) ask your colleague about the impression the lecturer from the U.S.A. produced on him;

c)ask your colleague’s opinion about the latest political events.

III.Polylogue

1. Read the polylogue.

Richard Wolfson, a Law School professor at the University of Wisconsin came to Russia to lecture on history of Anglo-American law. After the lecture students asked him questions.

Vera: I think that everything you told us about Anglo-American law, its history and development, was most interesting and useful for us. You told us that there were great differences between the law of England and the American law. As far as I understood, these differences are stipulated by the presence of the written Constitution in your country.

R. Wolfson: Right. Courts in our country can nullify Acts of Congress and actions of the Executive and State governments if they find them inconsistent with the Constitution.

Boris: Can’t this happen in Great Britain?

R. Wolfson: No.

Svetlana: It seems to me that it’s time to speak about two legal systems: the British and the American.

R. Wolfson: I don’t think so. Our legal system is the imported law of England which developed separately but not altogether separately. Our judges made use of English precedents which are still cited in courts. The roots of our legal system are English.

2. Say why we cannot speak about two different legal systems of the U.S.A. and Great Britain.

IV. Topics for Discussion

1. Speak about the following issues.

1.Sources of law (customs, precedents, statutes).

2.Origins of law in Russia.

2. Read the following extract from the Constitution of the United States of America. Comment on the term “the body of law.”

“The whole body of “law” in the United States is composed of rules or laws made by legislative bodies (Congress, state legislatures, city councils, etc.), of

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regulations that are established to implement (or administer) legislation, and of decisions of courts at various levels when people challenge or question the law or its implementation. The Constitution of the United States provides the framework for all of our laws, and is the most fundamental statement of the rules which govern our society.”

3. Sat whether the law in Russia is codified or not. What principles could be called binding for Russian courts?

V. Case Study

Define what technique was used by the court in the following instances. Suspension points stand for a certain technique. Keep in mind ideas described in text 4 of this lesson.

a)An example of ... may be noted in the House of Lords decision in

Peabody Fund v. Sir Lindsay Parkinson Ltd., where the Court restricted the application of Anns v. Merton London Borough. The Anns case is cited as authority for the proposition that a municipality may be liable in negligence where it fails to properly inspect building plans. In the Peabody Fund case, by defining the duty of the municipality as being owed to owners and occupiers threatened with the possibility of injury to safety or health, the House of Lords specified and made less general the scope of the municipality’s responsibility as it had been defined in the Anns case. In the result, the Court did not allow a claim by the developer of a housing project who suffered damages when the municipality’s drainage inspector failed to point out that the drainage system was not being installed in accordance with the approved design. Thus, in Peabody Fund the element of … is the introduction of the requirement of the possibility of injury to safety or health.

b)An example of … may be noted in the Supreme Court of Canada decision in Town of the Pas v. Porky Packers Ltd. In this case, the Court noted that the authority of Hedley Byrne Co. Ltd. v. Heller required the plaintiff in a negligent misrepresentation claim to show that he relied on the skill and judgment of the party from whom he had received incorrect information. In the Porky Packers case the plaintiff had received incorrect zoning advice from municipal officials but the plaintiff’s representative was a former municipal council member who had more expertise in planning matters than the officials. In these circumstances, there could be no reliance and the doctrine or authority of Hedley Byrne by its own criteria was not available. The plaintiff’s claim was dismissed. The material fact of the plaintiff’s lack of reliance provided the element for … of Hedley Byrne.

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VI. Role Play

Consider the arguments for and against following up with the previously decided cases. Use the ideas given in the extracts below. You may also use some additional material to prove your point of view. Then divide into two groups according to the point of view you share and debate the problem.

a)It will not do to decide the same question one way between one set of litigants and the opposite way between another. If a group of cases involves the same point, the parties expect the same decision. It would be a gross injustice to decide alternate cases on opposite principles. If a case was decided against me yesterday when I was a defendant, I shall look for the same judgment today if I am plaintiff. To decide differently would raise a feeling of resentment and wrong; it would be an infringement, material and moral, of my rights1. Adherence to precedent must then be the rule rather than the exception if litigants are to have faith in the even-handed administration of justice in the courts2.

b)The paradigm case of injustice is that in which there are two similar individuals in similar circumstances and one of them is treated better or worse than the other. In this case, the cry of injustice rightly goes up against the responsible agent or group; and unless that agent or group can establish that there is some relevant dissimilarity after all between the individuals concerned and their circumstances, he or they will be guilty as charged3.

c)Liberty to decide each case as you think right, without regard to principles laid down in previous similar cases, would only result in a completely uncertain law in which no citizen would know his rights or liabilities until he knew before what judge on his case would come to and could guess what view that judge would take on a consideration of the matter, without any regard to previous decisions4.

d)If lawyers hold to their precedents too closely, forgetful of the fundamental principles of truth and justice which they should serve, they may find the whole edifice comes tumbling down about them. Just as the scientist seeks for truth, so the lawyer should seek for justice. Just as the scientist takes his instances and from them builds up his general propositions, so the lawyer should take his precedents and from them build up his general principles. Just as the propositions of the scientist fail to be modified when shown not to fit all instances, or even discarded when shown in error, so the principles of the lawyer should be modified when found to be unsuited to the times or discarded when found to work injustice5.

Notes: 1 Miller W.G. The Data of Jurisprudence. P. 335.

2 Cardozo B. The Nature of the Judicial Process. Yale, 1921.

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3Frankena W.K. (American philosopher) Ethics. Englewood Cliffs, 1973. P. 49. 4Sweney v. The Department of Highways, Middleton J.A. for the Ontario Court

of Appeal.

5Rt. Hon. Lord Denning The discipline of the law. London, 1979. p. 292.

WRITING

Analyzing the Content of a Text

1. The following chart can be helpful in analyzing the content of a text (article, etc.).

1.Is the article interesting? Yes (No) for you?

2.What is the author’s main idea?

3.What do you think is the purpose of the article?

4.Does the article touch upon vital problems?

5.Was the subject explained clearly?

6.Does the article describe events, actions the people undertake, etc.?

7.Do any of the author’s points of view need more explanation?

8.Did you learn anything new from the article?

9.Were there any aspects that made a strong impression on you?

10.Do you feel the author knows well the subject he dwells upon?

11.Did the author use clear and understandable language?

12.Would you recommend your fellow students to read this article?

2.Choose a newspaper or magazine article dealing with a legal problem. Analyze it in writing using the chart presented above.

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LESSON FOUR

GRAMMAR: 1. The Forms of the Infinitives (Revision).

2.Modals (Revision).

3.Negatives.

WORD-BUILDING: 1. Compound Adverbs and Conjunctions. 2. Verb-forming Prefixes (Revision).

READING AND ORAL SPEECH PRACTICE: Constitutional Law. Human Rights. Rights of Youth.

CONVERSATIONAL FORMULAS: Saying What Is Important, Obligatory or Desirable to Do.

WRITING: Structuring a Review.

GRAMMAR

The Forms of the Infinitive

Negatives

barely — едва, чуть, чуть не; hardly — едва; scarcely — едва, почти (не);

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а также глагол to fail — терпеть неудачу, не удаваться; предлог without + -ing-form, так как с ними не употребляются другие отрицания.

В английском языке необходимо только одно отрицательное слово, чтобы сделать предложение отрицательным. В русском языке предложение может содержать два и более отрицательных слова. Cf.: I have never been to the U.S.A. Я никогда не был в США.

Exercises

1.Translate the following sentences paying attention to the modals and the infinitives.

1.I’ve got to inform you about the accident. 2. They had to be present at the conference. 3. You must send this letter at once. 4. They must translate the documents by tomorrow. 5. She is to prepare the report by Monday. 6. You ought to speak to him. 7. Shall I translate this paragraph? 8. He couldn’t have done it. 9. Can I give you a good piece of advice? 10. They might be late. 11. You may not show them this document. 12. May I speak to Mr. Smith? 13. You ought to have informed me about his conduct. 14. Law states a number of rules telling us what we may or may not do. 15. He must have avoided the conflict. 16. He must have sustained great damages. 17. You needn’t have told him about this news. 18. You needn’t tell him about his duties. 19. You shall speak to him by all means. 20. Will you tell him to come in? 21. The law won’t work. 22. You should send him a letter. 23. You should have sent him a letter. 24. Would you mind meeting that client at 10 a.m. tomorrow? We must settle the controversy as soon as possible.

2.Translate the sentences paying attention to the negatives.

1. Will you explain the essence of the problem to us without going into details? 2. I have nothing to tell you about. 3. There is no written Constitution in Great Britain. 4. In Great Britain legislation can be initiated either in the House of Lords, or in the House of Commons; but no bill involving taxation or the spending of public money can proceed very far unless the government agrees to introduce a “financial resolution” to cover it. 5. In Great Britain law cannot be separated from judges who interpret and administer it. 6. Nobody could answer my question. 7. I can support neither his nor her ideas. 8.1 have never heard about it. 9. He failed to prepare the documents in time. 10. No one should minimize the election results. 11. We cannot pass a decision without examining all the documents. 12. No conviction of a serious crime could occur in a court of common law except by a twelve-man verdict. 13. I barely remember the title of the article the teacher advised me to read. 14.1 can hardly wait for the meeting to be over.

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READING

TEXT 1

1.Before reading the text study the following words and their definitions. embody — воплощать, реализовать

compact — соглашение (между двумя или более людьми, странами) to restrict — ограничивать

prohibit — запрещать

2.Read the following international words and give their Russian equivalents. constitution, abstract, concrete, convention, composition, organ, to

regulate, private, document, to modify, specially, formally, series, statute, structure, aspect, institution, cabinet, party, doctrine, to guarantee, procedure, act, sovereign, plenary, contract, Empire, code, democracy, authoritarian, privilege

3. Analyze the morphological structure and meanings of the following words. unwritten, to enact, enactment, presidential, political, judicial, stability,

ruler, to classify, to codify, democratic, freedom, activity

4. Read the text and:

a)try to understand it and guess the meaning of the words in bold type;

b)group ideas about the types of constitutions and draw a scheme showing interconnection of all the types.

CONSTITUTIONS

“The word “Constitution” is used in two different senses, the abstract and the concrete. The Constitution of a State in the former sense is the system of laws, customs and conventions which define the composition and powers of organs of the State and regulate the relations of the various State organs to one another and to the private citizen. A “Constitution” in the latter sense is the document in which the most important laws of the country are authoritatively ordained.”1 Great Britain, for example, has no Constitution in the concrete sense of the word. But more often we use the term “Constitution” in the concrete sense. A “Constitution” in this sense is the law of the laws. It cannot be modified in the ordinary legislative way.

A Constitution is “written” when most important constitutional laws are specially enacted. The American Constitution is a “written” one. “The British Constitution is “unwritten” because it is not embodied in any enactments or

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formally related series of enactments.”2 In fact, however, many parts of the British Constitution exist in written form. The British Constitution includes the Bill of Rights (1689), the Act of Settlement (1700-01), the Parliament Act of 1911, etc., but these statutes are not codified within the structure of a single orderly document. But, on the other hand, some important aspects of the American Constitution are wholly unwritten, e.g. such institutions as the presidential cabinet, the system of political parties, etc.

“Written” Constitutions cannot cover the whole constitutional law of a state; that is why they are usually supplemented by different statutes, judicial doctrines, etc.

Constitutions, “written” or “unwritten”, can be divided into “rigid” and “flexible”. The aim of the “rigid” constitutions is to guarantee their stability. “Flexible” Constitutions can be modified through the simple procedure by which statutes are enacted. To modify the “rigid” Constitution of the U.S.A. the proposal to amend it must be approved by a two-thirds majority vote in each house of Congress or be made by a convention called by two-thirds of the States, with subsequent ratification by the legislatures or specially elected convention of three-fourths3. The Constitution of Great Britain is “flexible” because its rules can be modified by an act of Parliament. There are also Constitutions of a “mixed” type. Different parts of such Constitutions are amended in different ways4.

Constitutions may be established by sovereign power: a) either by a free sovereign people (the Constitution of the U.S.A.) or b) by a plenary power of the head of the state (monarch). Constitutions of the latter type are called octroyees5, from the French word octroyer which means “to grant” (e.g. the Japanese Constitution of 1889)6.

Constitutions may be formed as a contract between the future ruler and the people. Some Constitutions are compacts between several sovereign powers. Such was the Constitution of the German Empire.

Constitutions may be classified according to political principles, e.g.: democratic and authoritarian. The former guarantee certain rights and freedoms, formation and activity of different political parties, etc. The latter restrict or prohibit the activity of political parties, or formalize the leading role of one political party, restrict the rights and freedoms which they are compelled to proclaim7. Aristocratic Constitutions are those which establish privileged classes, e.g.: nobility and clergy. Such, at one time, were the Constitutions of Swiss cantons, e.g. Bern. There also exist some other classifications of Constitutions.

Notes: 1 Philips H. Constitutional Law, L, 1957.

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2 Ibid.

3 The U.S. Constitution. Article V.

4 Конституционное (государственное) право зарубежных стран. Т.1. Отв. ред. Б.А.Страшун. М., 1993, с. 56-57.

5 octroees — октроированные конституции (дарованные или односторонним актом главы государства, или метрополиями своим колониям

6 Там же, с. 54

7 Там же, с. 64

5. Study the analysis chart of the text. Fill it in.

6.Say what other classifications of Constitutions you know.

7.Form derivatives with the help of the prefix en-/em-. Look up their meaning in the dictionary.

en-: act, danger, force, franchise, large, list, seal, title em-: power, body, place

TEXT 2

1. Memorize the words. inalienable — неотъемлемый bestow — даровать

batter away — обменять national n. — гражданин slavery — рабство

controvercy — спор, полемика

advent — здесь возникновение, появление hate — ненависть

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2.Read the following international words and give their Russian equivalents: proponent; positive; negative; religion; assembly; sovereignty.

3.Translate the family words6

reason — reasonable; universe — universal — universally; to force — enforce — enforcement; act — enact — enactment; to determine — determination — self-determination; to ride — to override; citizen — citizenry.

4. Give the Russian for:

quality of life; human rights; natural rights; legal tradition; United States Bill of Rights; the English Bill of Rights; fundamental human rights; national sovereignty; hate crime; first-generation rights; second-generation human rights.

5. Read the text and try to understand its main ideas.

HUMAN RIGHTS

Human rights (natural rights) are rights which some hold to be “inalienable” and belonging to all humans; according to natural law. Such rights are believed, by proponents, to be necessary for freedom and the maintenance of a “reasonable” quality of life. Inalienable rights cannot be bestowed, granted, limited, bartered away, or sold away (e.g., one cannot sell oneself into slavery). Inalienable rights can only be secured or violated.

Human rights can be divided into two categories: positive and negative human rights. For example, the right of a newborn to a caring parent can only be expressed positively. Positive human rights follow mainly from the Continental legal tradition, and are things to which every person is entitled and for which every state is obligated. Examples of such rights (not all are universally agreed upon) include the rights to education, to a livelihood, to private property, freedom of religion, freedom of speech, and legal equality. Positive rights have been codified in the Universal Declaration of Human Rights and in many 20th century constitutions.

Negative human rights follow mainly from the Anglo-American legal tradition, and are rights which denote actions that a government should not take. These are codified in the United States Bill of Rights and the English Bill of Rights and include freedoms of speech, religion and assembly.

But there arise a number of controversies regarding human rights. The first is their status, i.e. what rights are fundamental human rights, or even if there is such a thing. Another controversy is how best to enforce human rights and in particular the relationship between human rights and national

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sovereignty. One point of view is that human rights are universal and therefore it is proper for any person to attempt to enforce human rights through international courts or domestic law. The opposing view is that having human rights override national sovereignty is a form of imperialism in which powerful countries dictate which rights they consider most important against less powerful countries.

Human rights are aimed to follow some basic rules. All individuals should be allowed to act in any way they choose providing that in doing so they do not prohibit other individuals from that same privilege. All individuals must take responsibility for the repercussions of their actions.

With the advent of the concept of human rights, various countries have attempted to enact laws against what are called hate crimes. A hate crime is defined as a crime committed with direct influence by the minority status of the victim. A hate crime law would bring greater penalty to the perpetrator based on the hateful intent. Conservatives in the United States often oppose hate crime laws, stating that imposing a greater penalty on an act committed in hate would thus make hating illegal. They feel this to be a direct infringement on First Amendment rights1.

One of the most significant classifications of human rights is the one which presupposes the division of human rights into three generations. First-generation human rights deal essentially with liberty. They are fundamentally civil and political in nature and serve to protect the individual from excesses of the state. First-generation rights include freedom of speech, the right to a fair trial, and freedom of religion. First generation rights are therefore mostly negative rights. They were first enshrined at the global level by the 1948 Universal Declaration of Human Rights2.

Second-generation human rights are related to equality. They are fundamentally social, economic, and cultural in nature. In social terms, they ensure different members of the citizenry equal conditions and treatment. They also grant people the right to work and to be employed, thus securing the ability of the individual to support a family. They are mostly positive rights, representing things that the State is required to provide to the people under its jurisdiction3.

Third-generation human rights focus essentially on fraternity and, in generic terms, can be seen as rights of solidarity. They cover group and collective rights: the right to self-determination, to economic and social development, and to participate in the common heritage of mankind4.

Notes: 1 http://www.fact-index.com/h/hu/human_rights.html

2 See: Articles 3 to 21 of the Universal Declaration, and the International Covenant on Civil and Political Rights.

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3 See: Articles 22 to 27 of the Universal Declaration, and the International Covenant on Economic, Social, and Cultural Rights.

4 http://www.fact-index.com/t/th/three_generations_of_human_ rights.html

6. Answer the following questions.

1. What are human rights? 2. What is the difference between positive and negative human rights? 3. What are major controversies in the sphere of human rights? 4. What is a hate crime? 5. How many names of the rights of the three generations do you remember?

TEXT 3

1. Read the text and get ready to answer the following questions.

1.What is the composition of the European Court of Human Rights?

2.What document abolished the European Commission on Human Rights?

3.Who may take a case to the European Court of Human Rights? 4. Are the Council of Europe and the European Union different names for one and the same body? 5. What decisions of the European Court of Human Rights are binding on the member states?

THE EUROPEAN COURT

OF HUMAN RIGHTS

The European Convention for the Protection of Human Rights and Fundamental Freedoms was adopted under the auspices of the Council of Europe to protect human rights and fundamental freedoms. The Council is not to be confused with the European Union, which is not a party to the Convention and has no role in the administration of the European Court of Human Rights. Most Council of Europe member states are party to it; those that are not are required as a condition of their membership to accede to the convention at the earliest opportunity.

The Convention has several protocols. The Convention establishes the European Court of Human Rights. Any person who feels his or her rights have been violated under the Convention by a state party can take a case to the Court; the decisions of the Court are legally binding, and the Court has the power to award damages. State Parties can also take cases against other State Parties to the Court, although this power is rarely used.

Prior to the entry into force of Protocol 11, individuals did not have direct access to the Court; they had to apply to the European Commission on Human Rights, which if it found the case to be well-founded would launch a case in the Court on the individual’s behalf. Protocol 11 abolished the Commission, enlarged the Court, and allowed individuals to take cases directly to the court1.

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The current incarnation of the European Court of Human Rights was instituted on November 1, 1998, as a means to systematize the hearing of Human Rights complaints from Council of Europe member states. The court’s mission is to enforce the Convention for the Protection of Human Rights and Fundamental Freedoms, ratified in 1953. The court replaced the existing enforcement mechanisms, which included the European Commission of Human Rights (created in 1954) and the previous, limited Court of Human Rights, which was created in 1959.

The court consists of a number of judges equal to the number of Council of Europe member states, which currently stand at forty-four. Despite this correspondence, however, there are no requirements that each state be represented on the court, nor are there limits to the number of judges belonging to any nationality. Judges are assumed to be impartial arbiters, rather than representatives of any nation.

Complaints of violations by member states are filed in Strasbourg, and are assigned to a Section. Each complaint is first heard by a committee of three judges, which may unanimously vote to strike any complaint without further examination. Then, the complaint is heard and decided by a full Chamber. Decisions of great importance may be appealed to the Grand Chamber. Any decisions of the court are binding on the member states2.

Notes: 1 http://www.fact-index.com/european_convention_ on_human _rights.html 2 Ibid.

TEXT 4

1. Read the text and: a) point out sentences that may be used as definitions of the term “civil rights”; b) say what M.L. King is famous for.

CIVIL RIGHTS

Civil rights are those legal protections granted to citizens under the jurisdiction of the civil law of a state. They are distinguished from human rights in that they may be violated or removed, and they may or may not apply to all individuals living within the borders of that state. Civil rights may include the right to vote, right to property, right to bear arms, right to free speech, right to privacy, right to associate1, etc.

The term ‘civil rights’ means that people have the right to be treated the same regardless of their race, gender, or religion. These rights are law in the United States and many other nations. Civil rights are guaranteed

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by law but took many years to achieve. For example even after the Civil War, African Americans were treated badly. They got the worst jobs and were paid poorly. Blacks and whites were segregated. In other words, they were kept separate in public places including theaters, restrooms, schools and transportation. The National Association for the Advancement of Colored People (NAACP) was formed in 1909 to push for civil rights. In a case called Brown vs. Board of Education, the U.S. Supreme Court in 1954 ruled that segregation of public schools by race violates the Constitution. In the 1950’s and 1960’s Martin Luther King Jr. became known as the leader of the nonviolent civil rights movement. Although often associated with the plight of African Americans, other groups including women, immigrant groups (Irish, Chinese, Japanese), and religious groups have also fought for their civil rights2.

Notes: 1 http://www.fact-index.com/c/ci/civil_rights.html 2 http://www.42explore2.com/ civilrights.htm

TEXT 5

1. Memorize the following words. ban — налагать запрет, запрещать

amendment — поправка (к закону, законопроекту и т.п.)

squat — 1) самовольно селиться на чужой или государственной земле; 2) вселяться в пустующий дом без разрешения владельца

repeale an act (a law) — отменить закон

2.Read the following international words and give their Russian equivalents: petition; scandalous; tolerance; genocide.

3.Translate the family words:

petition — to petition; peace — peaceable — peaceful — peacefully; to govern — governance — government; self-government; to doubt — doubt — undoubtedly; fame — defame — famous; obedient — obedience — disobedience; to desire — desire -desirable.

4.Analyze the morphological structure and meanings of the following words. truth-seeking, cyber-squatting.

5.Read the text. Draw its denotation chart.

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FREEDOM OF SPEECH

Freedom of speech is the right to freely state one’s opinions and ideas. Freedom of speech is often regarded as an integral concept in democratic governance.

In the United States, freedom of speech is protected by the First Amendment to the United States Constitution. Through Supreme Court decisions and popular usage freedom of speech has come to be associated with freedom of expression. Some argue that this linkage is necessary, as the purpose of speech is to express ideas, and ideas can be expressed through non-speech methods of communication as well. Others argue that substituting freedom of expression for freedom of speech blurs the distinction between meaningful debate and (sometimes) entertainment. The United States Supreme Court often uses the SLAPS test, under which speech or expression can only be banned if it lacks serious literary, artistic, political or scientific value. One exception to the broadening of freedom of speech to freedom of expression in the United States is in the realm of advertising. This “business expression” is still subject to greater restrictions than political, social, or artistic expression.

Thus, the concept of “Freedom of Speech” is becoming more and more confused with “Freedom of Expression” wherein some extend the meaning of the word ‘speech’ to include numerous forms of action. From the outset (at least in the US) speech was taken to include the written word. Today the “written word” clearly includes postings on the World Wide Web. Recent interpretations have included flag burning, the open publication of proprietary materials, general civil disobedience, and “cyber-squatting”1.

The origin of the First Amendment was undoubtedly a reaction against the restraint of speech and of the press that existed in English society. One form of speech that was widely restricted in England was the law of seditious libel that made criticizing of the government a crime. The King was above public criticism and statements critical of the government were forbidden.

In the USA, the Alien and Sedition Acts of 1798 prohibited the publication of “false, scandalous, and malicious writing or writings against the government of the United States, or either house of the Congress of the United States, or the President of the United States, with intent to defame…; or to bring them… into contempt or disrepute; or to excite against them…hatred of the good people of the United States, or to stir up sedition within the United States, or to excite any unlawful combinations therein, for opposing or resisting any law of the United States, or any act of the President of the United States.” The law did however allow truth as a defense and required proof of malicious intent.

The Court has many times expressed that freedom of speech and association as protected by the First and Fourteenth Amendments are not absolutes, e.g.

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