ENGLISH-IN-LAW. Textbook

TASK 10 Read the text. Divide it into four paragraphs and entitle them.

Tribal society gradually evolved into territorial confederations. Governmental structures emerged, and modern law began to take shape. The most significant historical example is Roman law, which influenced most of the legal systems of the world. In the 8th century BC the law of Rome was still largely a blend of custom and interpretation by magistrates of the will of the gods. The magistrates later lost their legitimacy because of gross discrimination against the lower (plebeian) class. The threat of revolution led to one of the most significant developments in the history of law: the Twelve Tables of Rome, which were engraved on bronze tablets in the 5th century BC. They were largely a declaration of existing custom concerning such matters as property, payment of debts, and appropriate compensation or other remedies for damage to persons. The Twelve Tables serve as a historical basis for the widespread modern belief that fairness in law demands that it be in written form. These tables and their Roman successors, including the Justinian Code, led to civil-law codes that provide the main source of law in much of modern Europe, South America, and elsewhere. The common-law systems of England, and later of the U.S., developed in a different manner. Before the Norman Conquest (1066), England was a loose confederation of societies, the laws of which were largely tribal and local. The Anglo-Norman rulers created a system of centralized courts that operated under a legal system single set of laws that superseded the rules laid down by earlier societies. This, known as the common law of England, began with common customs, but over time it involved the courts in lawmaking that was responsive to changes in society. Modern legislatures and administrative agencies produce a much greater quantity of formal law, but the judiciary remains very important because of the continued vitality of the common-law approach even in matters of constitutional and statutory interpretations. Increasingly in civil-law countries, the subtleties of judicial interpretation and the weight of judicial precedents are recognized as involving the courts in significant aspects of lawmaking.

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TASK 11 a) Make up three true and false statements on the first paragraph of the text.

b) Put 5 questions to the second and third paragraphs of the

text.

TASK 12 a) Retell the text:

Legal systems are particular ways of establishing and maintaining social order.

All societies develop rules. Hart (1907—1992, an influential legal philosopher of the 20th century, Professor of Jurisprudence at Oxford University) concluded that there are some essential primary rules.

In ‘The Concept of Law’ Hart says the reason for primary rules is our knowledge of certain self-evident truths.

Such truths, says Hart, are the minimum necessary that any society will recognise.

We know we are all vulnerable to attack from others. Human beings are vulnerable to bodily attack and need protection. No man alone can dominate others for more than a short period – he must stop to sleep, and then he in his turn needs to be protected.

We all have approximately equal physical and intellectual powers. Men are not infinitely wise or strong-minded, and sanctions are needed to ensure that those who comply voluntarily with the rules are not sacrificed to those who do not.

We all have limited concern for others and limited will power. Men are neither devils nor angels; they act largely from self-interest but generally care for the interests of others close to them.

Finally, we know that we live in a world of limited resources. The basic needs of life – food, clothes, shelter, etc. – are scarce and require some effort to obtain: this requires rules to protect rights of ownership and to allow ownership to be transferred.

Hart appears not to include rules imposing duties on parents to care for their children, and on younger people to care for the elderly.

b)Agree or disagree with the following:

•People act largely from self-interest but generally care for the interests of others close to them.

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Text 10

DEVELOPMENT OF POSITIVE LAW (PART B)

After the fall of the Roman Empire in the West, AD 476, the Christian church, as the strongest institution in society, became a major lawmaking and law enforcement body. Called canon law (canons are regulations), a body of rules formulated by the church was designed to regulate human behavior, with respect to religious matters primarily. But it eventually came to apply to the actions of people on social, economic, and political levels as well.

To enforce its laws against those who disagreed with it, the church of the Middle Ages created the Inquisition. Church courts in several countries examined those who were suspected of breaking church laws. Many people were cleared of wrongdoing, but others were not and were punished, frequently with death. One of the best known trials was that of the scientist Galileo. He agreed, under pressure, to deny his opinion that the planets orbit the sun in favor of the church doctrine that the sun circled the Earth. The society of the Middle Ages was rigidly structured, with kings, princes, and nobles at the top and the common people— mostly peasants working the land—at the bottom. Within each kingdom the ruler issued the laws by which his people were to live. Such laws could not conflict with those of the church.

In England, each locality had its own laws based on custom and tradition. After the Norman Conquest, 1066, judges appointed by the king moved from one place to another to administer these local laws. As time passed, local laws gave way to judges’ interpretations of a broader system of laws accepted in more than one area. Eventually, the decisions of the judges, constantly

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modified by later decisions, were accepted as the body of English common law.

In France, under the guidance of Napoleon, a civil code was enacted in 1804. With revisions, it still remains in force and has been a major influence in the legal systems of most European countries and in Latin America. The Code of Napoleon was made necessary by the diversity and confusion of laws that had developed in France and other parts of Europe during the Middle Ages and early modern period. The premise for the code was the idea that, for the first time in history, a law based purely on common sense should be created, free of all past prejudices and inequities. Under the code all citizens were recognized as equal, and all class privileges were done away with. The code was originally introduced in areas under French control in 1804: Belgium, Luxembourg, northwestern Italy, and parts of Germany. After the Napoleonic conquests it was introduced into conquered Italy, the Netherlands, and most of Germany. It was voluntarily adopted during the 19th century in a number of other places, including Haiti, the Dominican Republic, Chile, Bolivia, Ecuador, Colombia, and Argentina. In the United States, only Louisiana has a civil code closely connected with the Napoleonic code.

The influence of the Napoleonic code was somewhat diminished at the start of the 20th century by the introduction of the German Civil Code in 1900 and the Swiss Civil Code in 1912. Japan adopted the German code and Turkey the Swiss code.

TERMS AND NOTIONS:

Canon law – rules and regulations of the Christian church, especially the Greek Orthodox, Roman Catholic, and Anglican churches. Its origin is sought in the declarations of Jesus and the apostles.

Doctrine – a belief or set of beliefs held and taught by a Church, a political party, etc.

Common law – the body of law based on custom which is administered and developed by the courts in judicial decisions. It contrasts with civil law.

Inquisition – tribunal of the Roman Catholic Church established in 1233 to suppress heresy, originally by excommunication.

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Its trials were conducted in secret, under torture, and penalties ranged from fines, through flogging and imprisonment, to death.

Galileo (1564—1642) – an Italian mathematician, astronomer, and physicist. He developed the astronomical telescope and was the first to see sunspots, the four main satellites of Jupiter, and the appearance of Venus going through phases, thus proving it was orbiting the Sun.

Norman Conquest – invasion and settlement of England by the Normans, following the victory of William the Conqueror at the battle of Hastings in 1066.

Napoleon (1769—1821) – Emperor of France 1804—14 and 1814—15. His internal administrative reforms and laws are still evident in France.

TASK 1 a) ACTIVE VOCABULARY. Read the text. Consult a dictionary to find the meanings of the following words and word combinations:

institution n. regulation n., regulate v. apply v. (to smth.)

suspect v. (smb. of smth.) clear v. (smb. of smth.) deny v.

rigid adj. issue v. modify v. inequity n.

do away with v. adopt v. diminish v.

b) Fill in the correct word in the appropriate grammar form. Use the list above.

1.All companies must comply with the …

2.He … … of murder.

3.The scandal threatened to undermine the … of the Presidency.

4.The group … any involvement in the assassination.

5.It’s necessary to … the use of chemicals in food.

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6.… and authoritarian methods of education are no good.

7.Do the same rules … to part-time workers?

8.People thought that the use of robots … … … with boring lowpaid factory jobs.

9.The regulations can only … … by a special committee.

10.The party’s share of the electorate … … steadily.

11.The man spoke about … in the distribution of research funding.

12.Congress finally … the law after a two-year debate.

13.The suspect … ... of manslaughter after new evidence was produced.

14.A warrant … … for his arrest.

TASK 2 a) Study the meanings of the following words:

enforce v. to make people obey a rule or law

administer v. to provide or organize smth. officially as part of

b) Complete the sentences with one of these three verbs in the appropriate grammar form. One of the verbs (“enact”, “administer” or “enforce”) will be used twice:

1.It’s not the job of the police to … justice; that falls to the courts.

2.Several Bills … … at the end of this session of Parliament.

3.Governments make laws and the police … them.

4.Parking restrictions will be strictly …

TASK 3 a) Study the meaning of the word “body”:

body n. 1. a group of people who work together to do a particular job or who are together for a particular purpose

2.the main, central or most important part of something

3.a large amount or collection of something

4.the whole physical structure of a human being or an animal

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b) Define the word “body” first in the text and then in the following sentences. Translate the sentences:

1.Your body temperature is higher in the daytime than at night.

2.There were reports of a large body of armed men near the border.

3.The research will be used by government departments and other public bodies.

4.There is a growing body of evidence that charges are too high.

5.The arguments are explained in the body of the text.

TASK 4 a) Match the words on the left with their synonyms on the right:

b) Match the words on the left with their antonyms on the right:

TASK 5 Add at least two nouns to the following verbs to form word combinations. Use the word combinations to describe the legislature, the executive and the judiciary:

regulate, enforce, deny, issue, administer, modify, enact, adopt, diminish

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TASK 6 Change the structure of the sentences without changing sence:

1.Called canon law, a body of rules formulated by the church was designed to regulate human behaviour.

2.But it eventually came to apply to the actions of people on social, economic, and political levels as well

3.To enforce its laws against those who disagreed with it, the church of the Middle Ages created the Inquisition.

4.As time passed, local laws gave way to judges’ interpretations of a broader system of laws accepted in more than one area.

5.With revisions, it still remains in force and has been a major influence in the legal systems of most European countries and in Latin America.

6.The influence of the Napoleonic code was somewhat diminished at the start of the 20th century by the introduction of the German Civil Code in 1900…

TASK 7 Complete the following table:

TASK 8 a) Study the following information:

Geographical Names with the zero article and with the definite article

The definite article (“the”) is used with:

1)mountain ranges, oceans, seas, rivers, canals, regions, compass points/areas.

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The Thames flows into the North Sea.

the Thames, the Alps, the Mediterranean, the Channel, the Arctic, the Middle East, the East

2) collective or plural countries, or where the country name contains a noun (e.g. “republic”, “union”, “kingdom”, “states”, “federation”): the Netherlands, the United Kingdom, the People’s Republic of China

The definite article is sometimes used before Lebanon and

Gambia: the Lebanon, the Gambia

3)place names with the post-modification, especially with ...

of... ( names with a descriptive phrase)

Compare: London Bridge– the Tower of London, Kangaroo Island – the Isle of Man

The zero article (“no article”) is used with:

1)most continents: Asia

2)countries, states, cities: France, Japan, Jerusalem Exception: the Hague (the third largest city in the Netherlands)

3)islands, lakes: Tahiti, Lake Ontario

4)mountains (mountain peaks, not mountain chains): Everest

(but the Matterhorn, the Alps)

5)roads, streets, squares, bridges, parks, palaces, castles,

cathedrals: Green Road, Oxford Street, Leicester Square, Tower Bridge, Hyde Park, Buckingham Palace, Windsor Castle

Exceptions are: The High Street, the Strand and street names without preceding adjectives. (Compare: Holly Drive – the Drive)

6)stations and airports: Paddington Station, Heathrow Airport

b)Find the geographical names in the text. Explain why the geographical names are used with the zero or definite article.

c)Answer some geography questions. Choose the right answer and the right article:

1.Where is Nigeria? (South America, Africa, Middle East)

2.Where is Mongolia? (Asia, Africa, South America)

3.Of which country is Manila the capital? (Vietnam, Japan, Philippines)

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