ENGLISH-IN-LAW. Textbook

“The man who is denied the opportunity of taking decisions of importance begins to regard as important the decisions he is allowed to take.” (C. Northcote Parkinson, 1909—1993, a British naval historian and author, in ‘Parkinson’s Law’, 1958)

ADDITIONAL TASKS

TASK 1 Match the words on the left with the words on the right and make up your own sentences with them to speak on democracy:

TASK 2 Combine two sentences into one:

1.I had just eaten. I wasn’t hungry.

2.He translated the article then he decided to help his friend.

3.We arrived at the station rather early, so we decided to have lunch in a café.

4.Sam passed his exams. After that he decided to have some rest.

5.Gloria failed to get into college, so she began to work for a small firm.

6.When the lecturer entered the room he introduced himself to all students.

7.Marsha typed the letters then she put them in envelopes.

8.Mary sent them an invitation, after that she felt a sense of relief.

9.Andrew did all the housework then he sat down and watched TV.

10.We revised all grammar rules then we passed the exam.

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TASK 3 Study the following information:

Abraham Lincoln’s carefully crafted address, secondary to other presentations that day, came to be regarded as one of the greatest speeches in American history. In just over two minutes, Lincoln invoked the principles of human equality espoused by the Declaration of Independence and redefined the Civil War as a struggle not merely for the Union, but as ‘a new birth of freedom’ that would bring true equality to all of its citizens, and that would also create a unified nation in which states’ rights were no longer dominant.

Not long after those well-received remarks, Lincoln spoke in his high-pitched Kentucky accent for two or three minutes. Lincoln’s ‘few appropriate remarks’ summarized the war in 10 sentences and 271 words.

Despite the historical significance of Lincoln’s speech, modern scholars disagree as to its exact wording, and contemporary transcriptions published in newspaper accounts of the event and even handwritten copies by Lincoln himself differ in their wording, punctuation, and structure. Of these versions, the Bliss version, written well after the speech as a favor for a friend, is viewed by many as the standard text. Its text differs, however, from the written versions prepared by Lincoln before and after his speech. It is the only version to which Lincoln affixed his signature, and the last he is known to have written:

“Four score and seven years ago our fathers brought forth on this continent a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal.

Now we are engaged in a great civil war, testing whether that nation, or any nation, so conceived and so dedicated, can long endure. We are met on a great battle-field of that war. We have come to dedicate a portion of that field, as a final resting place for those who here gave their lives that that nation might live. It is altogether fitting and proper that we should do this.

But, in a larger sense, we can not dedicate — we can not consecrate — we can not hallow — this ground. The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract. The world will little note, nor long remember what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished

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work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us — that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion — that we here highly resolve that these dead shall not have died in vain — that this nation, under God, shall have a new birth of freedom — and that government of the people, by the people, for the people, shall not perish from the earth.”

In August 1863, the casualty lists from Civil War battles included a quarter of a million names. As a result, anti-war and antiLincoln sentiments rose in the north. Peace Democrats known as Copperheads were eager to oust Lincoln in the 1864 election in order to end the war through concessions to the Confederacy, and Lincoln’s 1863 drafts were highly unpopular. Governor Curtin warned Lincoln that political sentiments were turning against the war effort.

In November 1863, Lincoln was quite sensible of the fact that he needed to do or say something that would revive the Union’s spirits toward the war effort.

The importance of the Gettysburg Address in the history of the United States is underscored by its enduring presence in American culture. In addition to its prominent place carved into a stone cellar on the south wall of the Lincoln Memorial in Washington, D.C., the Gettysburg Address is frequently referred to in works of popular culture, with the implicit expectation that contemporary audiences will be familiar with Lincoln’s words.

In the many generations that have passed since the Address, it has remained among the most famous speeches in American history. Lincoln’s Gettysburg Address is itself referenced in another of those famed orations, Martin Luther King Jr.’s “I Have a Dream” speech. Standing on the steps of the Lincoln Memorial in August 1963, King began with a reference to President Lincoln and his enduring words: “Five score years ago, a great American, in whose symbolic shadow we stand today, signed the Emancipation Proclamation. This momentous decree came as a great beacon light of hope to millions of Negro slaves who had been seared in the flames of withering injustice”.

The Constitution of France (under the present Fifth Republic) states that the principle of the Republic of France is “gouvernement

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du peuple, par le peuple et pour le people” (“government of the people, by the people, and for the people”) – a literal translation of Lincoln’s words.

This fame is somewhat ironic, for Lincoln clearly states that he expects that “the world will little note, nor long remember what we say here.”

TASK 4 Study the following information:

City-states were common in ancient times. They usually consisted of groups of interacting polities whose populations shared a common language and culture. Though sovereign, in many cases city-states joined in formal or informal leagues under a high king. In some cases, historical empires or leagues were formed by the right of conquest (e.g., Mycenae, or Rome), but many were formed under peaceful alliances or for mutual protection (e.g., the Peloponnesian League). City-state cultures were far from universal in the ancient world. In some areas, such as the ancient Andes, large territorial states, empires, and other forms of polity were common but city-state cultures did not develop. Historically, city-states have often been contingent of larger cultural areas, as in the city-states of ancient Greece (such as Athens, Sparta and Corinth), the Phoenician cities of Canaan (such as Tyre and Sidon), the Mayans of pre-Columbian Mesoamerica (including sites such as Chichen Itza and El Mirador), the central Asian cities along the Silk Road (which includes Samarkand and Bukhara), or the city-states of Northern Italy (especially Florence and Venice). Among the most creative periods in human history is when the Greek city-states and then the city-states of Renaissance Italy organized themselves in small independent centres. The success of small regional units coexisting as disunited parts of loose geographical and cultural unity, as in Italy or Hellas (Greece), acted as a barrier to the creation of larger national units with greater staying power. However, these small groupings usually only survived for short periods because they lacked the size and strength to defend themselves against the onslaught of larger groups. Thus, they inevitably gave way to larger organizations of society, the empire and eventually the nation-state.

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Text 18

HISTORY OF GOVERNMENT (PART A)

The despotic empires of Egypt, Sumer, Assyria, Persia, and Macedonia were followed by the rise of city-states, the first selfgoverning communities, in which the rule of law predominated and state officials were responsible to the citizens who chose them. The city-states of Greece, such as Athens, Corinth, and Sparta, and of that part of Asia Minor which was dominated or influenced by the Greeks, provided the material for the speculative political theories of Plato and Aristotle. Aristotle’s system of classifying states, which influenced subsequent political thought for centuries, was based on a simple criterion: good governments are those that best serve the general welfare; bad governments are those that subordinate the general good to the good of the individuals in power. Aristotle distinguishedthreecategoriesofgovernmentmonarchy,government by a single individual; aristocracy, government by a select few; and democracy, government by many. The later Greek philosophers, influenced by Aristotle, distinguished three degenerate forms of the classes of government defined by him. These were, respectively, tyranny, rule by an individual in his or her own interest; oligarchy, rule by a few people in their own interest, and ochlocracy, mob rule. Still other categories of lasting historical significance are theocracy, rule by religious leaders; and bureaucracy, the excessive domination of government by administrative officials. Ancient Rome, which evolved from a city-republic to the seat of a world empire, also greatly influenced the development of government in the Western world. This influence was derived in part from the great Roman achievement in formulating clearly for the first time

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the principle that constitutional law, establishing the sovereignty of the state, is superior to ordinary law, such as that created by legislative enactments.

After the fall of Rome the Roman concept of a universal dominion was kept alive during the Middle Ages through the formation of the Holy Roman Empire; and also, in part by the establishment, through canon law and ecclesiastical courts with jurisdiction over secular affairs, of the ruling body of the Roman Catholic church. The effect of these influences was to retard the development of national territories and governments after tendencies in that direction had manifested themselves among the feudal principalities of Europe. On the other hand, the struggle of the feudal barons to limit the absolute power of their monarchs eventually produced many contributions to the theory and institutions of representative government. During the Middle Ages the commercial city-states of Europe arose that formed the Hanseatic League and the powerful Italian city-republics or communes.

TERMS AND NOTIONS:

the rule of law – a situation in which the laws of a country are obeyed: “We are here to uphold the rule of law.” The ‘rule of law’, in its most basic form, is the principle that no one is above the law. Thomas Paine stated in his pamphlet ‘Common Sense’ (1776): “For as in absolute governments the king is law, so in free countries the law ought to be king; and there ought to be no other.”

a rule of law – Rules of law are general maxims, formed by the courts, who having observed what is common to many particular cases, announce this conformity by a maxim, which is called a rule; because in doubtful and unforeseen cases, it is a rule for their decision; it embraces particular cases within general principles.

Egypt – civilization in northeastern Africa dating from the 3rd millennium BC. Its many achievements, preserved in its art and monuments, hold a fascination that continues to grow as archaeological finds expose its secrets. There was the Islamic conquest in the 7th century AD.

Sumer – site of the earliest known civilization, located in the southernmost part of Mesopotamia between the Tigris and the

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Euphrates rivers, in the area that later became Babylonia and is now southern Iraq from around Baghdad to the Persian Gulf.

Assyria – kingdom of northern Mesopotamia that became the centre of one of the great empires of the ancient Middle East. It was located in what is now northern Iraq and southeastern Turkey.

Persia – historic region of southwestern Asia associated with the area that is now modern Iran. The term Persia was used for centuries and originated from a region of southern Iran formerly known as Persis, alternatively as Pārs or Parsa, modern Fārs. The use of the name was gradually extended by the ancient Greeks and other peoples to apply to the whole Iranian plateau. The people of that region have traditionally called their country Iran, “Land of the Aryans.” That name was officially adopted in 1935.

Macedonia – ancient kingdom centred on the plain in the northeastern corner of the Greek peninsula, at the head of the Gulf of Thérmai. In the 4th century BC it achieved hegemony over Greece and conquered lands as far east as the Indus River, establishing a short-lived empire that introduced the Hellenistic Age of ancient Greek civilization.

Athens – in ancient times Athens was a powerful city with its own government, laws, army and navy. In Athens a citizen was a person with the right to take part in the assembly, serve on juries and take a turn as a member of the ruling council. Only male Athenians were allowed citizen rights.

Corinth – a city-state in southern Greece, between those of Sparta and Athens. From the name ‘Corinth’ we get the English word ‘currant’ — for small black grapes that have been dried in the sun.

Sparta – a city-state in southern Greece. The Spartans were famous for their strict military training and powerful army.

Asia Minor – Anatolia, historical region, Asia, Turkish Anadolu, also called Asia Minor. The peninsula of land that today constitutes the Asian portion of Turkey. Because of its location at the point where the continents of Asia and Europe meet, Anatolia was, from the beginnings of civilization, a crossroads for numerous peoples migrating or conquering from either continent.

Ancient Rome – ancient state in Europe, Africa, and Asia. The state centred on the city of Rome. The founding of the city and the regal period began in 753 BC, the founding of the republic

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in 509 BC, the establishment of the empire in 27 BC, and the final eclipse of the Empire of the West in the 5th century AD.

the Holy Roman Empire – historical empire, Europe, the varying complex of lands in western and central Europe ruled over first by Frankish and then by German kings for 10 centuries, from Charlemagne’s coronation in 800 until the renunciation of the imperial title in 1806.

canon law – religion, Latin jus canonicum, body of laws made within certain Christian churches (Roman Catholic, Eastern Orthodox, independent churches of Eastern Christianity, and the Anglican Communion) by lawful ecclesiastical authority for the government of both the whole church and parts thereof and of the behaviour and actions of individuals. In a wider sense the term includes precepts of divine law, natural or positive, incorporated in the canonical collections and codes.

ecclesiastical courts – tribunal set up by religious authorities to deal with disputes among clerics or with spiritual matters involving either clerics or laymen. Although such courts are sometimes found today, their functions have become limited strictly to religious issues and to governance of church property. During earlier periods in history, the ecclesiastical courts often had a degree of temporal jurisdiction, and in the Middle Ages the courts of the Roman Catholic Church rivalled the temporal courts in power.

secular – 1. a) of or relating to the worldly or temporal b) not overtly or specifically religious c) not ecclesiastical or clerical 2. not bound by monastic vows or rules; specifically: of, relating to, or forming clergy not belonging to a religious order or congregation.

Roman Catholic Church – Christian church that has been the decisive spiritual force in the history of Western civilization. Along with Eastern Orthodoxy and Protestantism, it is one of the three major branches of Christianity.

the Hanseatic League – German trading organization, also called Hansa, German Hanse, organization founded by north German towns and German merchant communities abroad to protect their mutual trading interests. The league dominated commercial activity in northern Europe from the 13th to the 15th century. (Hanse was a medieval German word for ‘guild’, or ‘association’, derived from a Gothic word for ‘troop’, or ‘company’.)

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TASK 1 a) Readthetext.Lookupthewordsandwordcombinations in a dictionary:

b) Complete sentences with the following words and phrases: contribution, eventually, excessive, jurisdiction, officials, power, provide, retard, respectively, serve, speculative, subordinated, the rule of law (there is one word/word combination you don’t need):

1.Despite allegations of multiple voting and intimidation from both sides, electoral … found no evidence of foul play.

2.All officials in … must obey the law.

3.But a spokesman derided the claims as “nothing more than a mathematical model which is purely …”.

4.He said his government would not address the charges in detail, arguing that the court had no … over the case.

5.States senators could … a term of eight years rather than the current six under proposed changes.

6.… training for staff so they are aware of the issue and what is expected of them.

7.Secretary General said the ruling sent a clear message that …

…could not be overturned by force.

8.Mark hadn’t heard of the restaurant at the time, but applied and got the job and … became chef-director of Caprice Holdings.

9.Nevertheless this is further evidence that regular exercise may

…aging.

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10.The people who are being penalised are those people with disabilities who are desperate to make a … to society.

11.Now EU and UN officials are calling for an investigation into whether the police used … force.

12.Dunja Mijatovic said the law could lead to all broadcasting being … to political decisions.

TASK 2 a) Check how well you know the text:

1.What followed the despotic empires of Egypt, Sumer, Assyria, Persia and Macedonia? What predominated in these new communities?

2.How does Aristotle classify states?

3.What types of government does Aristotle distinguish?

4.What other forms of government were distinguished by the later Greek philosophers?

5.What other categories of government are mentioned in the text?

6.How did Ancient Rome influence the development of government in the Western World?

7.What concept of government dominated in the Middle Ages?

8.How did the theory and institutions of representative government develop?

b) Comment on the following:

“Good governments are those that best serve the general welfare; bad governments are those that subordinate the general good to the good of the individuals in power.”

What does this statement mean? Express your opinion. Do you find this statement true? Why (Why not)? Give your arguments and examples to prove your point of view.

TASK 3 Match the words on the left with their definitions on the right:

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