Law. Police. Society (Право. Полиция. Общество). Часть III. Учебное пособие по английскому языку
.pdfneed not be offences which violate any private right, although they may well do, but the state seeks to redress the balance.
Private law is concerned with matters that affect the rights and duties of individuals among themselves. It includes:
4.______.This deals with that branch of the law which determines whether a promise or an agreement is legally enforceable and what are its legal consequences.
5.______.This is concerned with determination of the circumstances in which one person is liable to compensate another for an injury he caused that other. Tort cases comprise road accidents, defamation, product liability, copyright infringement, environmental pollution etc.
6.______.This is that part of the law which determines the devolution of property.
7.______.This is concerned with marriage, cohabitation and divorce, with the rights and duties of parents and children, adoption and alimony.
NB: redress — исправлять, восстанавливать, устранять, возмещать, компенсировать; devolution — переход, передача права; enforceable — возможный, осуществимый, имеющий исковую силу; cohabitation — совместное проживание, сожительство, супружество.
II. Reading
Task 1. Recollect what the words and phrases mean:
legislature, executive, regulation, procedure, criminal and civil cases, judgement, source of law, distinction, to conduct a trial, to bring a criminal case, guilty party, imprisonment, fine, jail, relationship, to maintain law and order.
Text A
Task 2. Before you read the text “Law. Types of Classifications” answer these questions and discuss the answers with your partner:
1.What does the word “law” mean for you?
2.Can you formulate a scientific definition of the term “law”? What is it?
3.What types of legal system do you familiarize with?
4.What legal system does Russia belong to?
Task 3. Read the text “Law. Types of Classifications” and be ready to answer these questions:
1.What bodies can initiate a law?
2.Does the law act as an arbitrator in different issues to achieve a settlement between disputants?
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3.How many types of law are categorized at present?
4.What criteria are taken into consideration to classify types of law?
5.What main categories of law are in opposition to each other?
6.What is Substantive Law?
7.What is the essential difference between Substantive Law and Procedural Law?
8.What principle forms the basis for the distinction between Common Law and Civil Law jurisdiction?
9.What are the distinguishing traits of Criminal Law in comparison with Civil Law?
10.What is the difference between Public and Private Law?
11.What are the specialties of Public Law?
Law. Types of Classifications
Law is a set of basic rules and guidelines which are established by society, citizens and governments and are enforced through social institutions to govern behavior. Laws can be made by legislatures through legislation, the executives through decrees and regulations, or judges through binding precedents (normally in common law jurisdictions). The law shapes politics, economics and society in various ways and serves as a social mediator of relations between people.
In the modern era there are more than 20 branches of law one should be familiarized with, and each has its own policies and nuances. There are different ways of classification depending on characteristics, scope of application, sources or origins of laws. The process of classification also depends on a legal system of the country taken into consideration.
One way for classification is to distinguish between Substantive Law and Procedural Law. Substantive Law sets out the rights and duties governing people in society. It explains what a person can and cannot do. Duties tend to take the form of a command: “Do this!” or “Don't do that”.
Unlike substantive rules of law, procedures of law are just the steps that must take place when filing a lawsuit against another party. Procedural Law establishes the rules under which the substantive rules of law are enforced. Rules as to what cases a court can decide, how a trial is conducted, and how a judgement by a court is to be enforced are all parts of procedural law.
An important method of classifying law is according to the sources or origins of laws and system in which it is created. A general distinction can be made between civil law jurisdictions, in which the legislature or other central body codify and consolidate their laws, and common law systems, where judge-made binding precedents are accepted.
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One of the most common classifications is the distinction between Civil and Criminal Law. The purpose of each is different. Criminal cases are brought to maintain law and order and to protect society. Civil cases are brought to uphold the rights of individuals and to provide redress.
Criminal Law deals with conduct that is considered to be harmful to social order and the guilty party may be punished — both imprisoned and fined — by the state. Crimes such as murder, kidnapping, sexual assault, breaking and entering, larceny, harassment and a lot of others fall under the Criminal Law. They are tried in criminal courts.
Civil Law deals with the resolution of lawsuits between individuals or organizations. Civil Law refers to cases where one or both parties are looking for compensation instead of jail time.
The following specialties exist under Civil Law. Contract Law outlines legally binding agreements between parties of a contract and regulates everything in it. Property law regulates the transfer and title of personal property, real property and other owned things of commercial value. Tort Law allows claims for compensation if a person's property is harmed. It defines civil wrongs which result in physical, emotional or financial harm to a person or property caused by negligence, nuisance, trespassing, defamation, etc.
Another way of classifying the law is to divide it into matters of Public Law and Private Law. Public law governs the relationship between the state and an individual who is either a company or a citizen. It represents laws that apply to all members of the society. Examples of Public Law include Constitutional Law, Administrative Law and Criminal Law.
Constitutional Law provides a framework for the creation of law. It basically defines the structure of the government and all the fundamental rights and duties of not only the citizens but also the government itself. Administrative Law is used to review the decisions of government agencies in such areas as police law, international trade, manufacturing the environment, taxation, transport.
Private Law covers areas such as work, business dealings, education and everyday life. It includes several subdivisions: Law of Contracts, Law of Tort, Trust Law, Family Law, Employment Law and Land Law.
Task 4. Which of the statements are true? Correct the false ones.
1.Laws are made by ordinary people in order to shape policy, economics and society.
2.Substantive law consists of all laws that regulate the rights and obligations or duties of each person in society, it outlines procedures to protect and enforce the rights given under this law.
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3.The most general type of classifying law adopted in most state legal systems is common law created by the courts through judicial decisions and based on a doctrine known as “stare decisis”.
4.Civil Law refers to crimes in which a defendant if guilty is sentenced to imprisonment.
5.Public Law comprises wide areas including government structure, functions, governmental powers and decisions, anti-social behavior, wrongdoings and just punishment.
Task 5. What English equivalents in the text correspond to the Russian expressions given below?
Свод основных правил и руководящих указаний; соглашение, имеющее обязательную силу; определяет права и обязанности; область применения; принимается во внимание; закон устанавливает; за исключением случаев самообороны; по принуждению; в отличие от; начать судебный процесс; гражданско-правовая юрисдикция; общее право; путем наложения штрафа от имени государства; возбудить дело; взлом и проникновение; похищение человека с целью выкупа; рассматривается в уголовном судопроизводстве; соответствовать категории; право на владение движимым и недвижимым имуществом; деликтное право; публичное право; частное право; налогообложение; деловые отношения.
Glossary to the text “Law. Types of Classifications” behavior [bI'heIvjər] — образ действий, поступки, манеры, поведение binding agreement ['baIndIŋ] — соглашение, имеющее обязательную силу
binding precedent ['presIdənt] — прецедент, имеющий обязательную силу
civil law jurisdiction — юрисдикция романо-германского права, граж- данско-правовая юрисдикция
codify — систематизировать, составлять кодекс, кодифицировать common law — общее право / англо-саксонское право / неписаный закон consolidate — объединять(ся)
court proceeding — судебное разбирательство distinguish — различить, разглядеть, рассмотреть
enforce — проводить в жизнь, придавать законную силу, осуществлять establish — учреждать, устанавливать
familiarize [fə'mIlIəraIz] — знакомить
lawsuit ['lLs(j)Ht] — иск, судебный процесс, тяжба
legislature ['leGıslətSə] — законодательный орган, законодательная власть
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guilty party — виновная сторона
govern — править, влиять, руководить, направлять, определять guideline — директива, руководящее указание, общий курс, направление make the law — издавать законы, устанавливать правовые нормы nuisance ['nju:s(ə)ns] — помеха, неудобство, нарушение покоя, вред overview — общее представление, впечатление в общих чертах, обзор procedural law [prə'sJGərəl lL] — процессуальное право
redress — возмещение, компенсация, исправление, корректирование real property — недвижимость
set out — описывать, утверждать, указывать, излагать, определять shape — n форма, очертание; v придавать форму, создавать, принимать форму; (to) приспосабливать
stare decisis (лат. «стоять на решенном») — обязывающая сила прецедентов
substantive law — материальное право
title — право собственности; право на имущество, основание trial — судебное разбирательство, судебный процесс, суд trust law — законодательство о доверительной собственности uphold — поддерживать, защищать, сохранять
Text B
Task 6. Look through the text “Global Legal System” and choose one of the headings Religious Law, Civil Law, Common Law, Socialist Law to entitle paragraphs.
Global Legal System
There are three major legal systems in the world today. They are Civil Law, Common Law and Religious Law. However, each country often develops variations on each system or incorporates many other features into its system. Customary Law precedes all formal systems and is still the recognized authority in some remote parts of the world. Socialist or Marxist law was a fourth important system not long ago.
A _____. This is the most widespread system of law in the world. It is also known as European Continental Law. The system mainly derives from the Roman Empire, and more particularly, from the Corpus Juris Civilis issued by the Emperor Justinian ca. 529 AD. In this system there exists a set of laws or a legal code. These laws are abstract principles rather than concrete facts and it is the job of the judge to interpret and apply these principles. Legal systems in most countries of continental Europe, Quebec in Canada, many countries of French-speaking American community (countries of Latin America) and even in the state of Louisiana owe their modern forms to the Napoleon’s code enacted by French emperor Napoleon Bonaparte in 1804.
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B _____. This legal system depends on what a court and a judge decide in individual cases. It prosecutes with the concept of “Stare Decisis” meaning “let the decision stand”. The judge’s decision depends on the decision of other judges in previous similar cases and will affect similar cases in the future. This law system originated in England and it is of significant importance in the United States and many other English-speaking countries.
C_____. This legal system has been used in the former Soviet Union and other states. It is based on the civil law system, with major modifications and additions from Marxist-Leninist ideology. While civil law systems have traditionally put great pains in defining the notion of private property this law system provides for most property to be owned by the state or by agricultural co-operatives. Prior to the end of the Cold War this system would be ranked among the major legal systems of the world.
D _____. The source of legal authority in this case is a religious system or document. The main types of this kind of law are Sharia in Islam, Halakha in Judaism and Canon law in some Christian groups.
Sharia Law is defined as Muslim or Islamic Law. It establishes both civil and criminal justice as well as regulates individual conduct both personal and moral. Muslim countries enforce the Sharia to different extents. Sharia law governs Saudi Arabia and Iran and these countries apply it to all spheres of life. Many other countries use Sharia law as well as national law.
Halakha (also spelled Halacha) is the collective corpus of Jewish Rabbinic Law, customs and traditions. Halakha guides not only religious practices and beliefs, but numerous aspects of day-to-day life. It is often translated as “Jewish Law”, though a more literal translation might be “the path” or “the way of walking”. Jewish citizens are bound to Halakha only by their voluntary consent.
Canon Law is the body of laws and regulations made by ecclesiastical authority for the government of a Christian organization or church and its members. Canon Law is used for internal governing of the Christian church such as Catholic Church, the Eastern and Oriental Orthodox churches, and the Anglican Communion of churches.
NB: incorporate — включать, объединять; customary law —
обычное право; owe — быть обязанным; pains — усилия, старания, труды; private property — частная собственность; provide for — предусматривать; Halakha — гала́ха, религиозно-правовая система иудаизма, совокупность законов, которые содержатся в Торе, Талмуде и раввинистической литературе; be bound to — быть связанным; voluntary consent — добровольное согласие; canon law — каноническое, церковное право; ecclesiastical authorities — церковные власти, Catholic
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Church — римско-католическая церковь; Orthodox Church — православная церковь; ca (лат. сокр. от circa) — приблизительно, около.
Task 7. Read the text again and answer these questions.
1.What kinds of law are presented in the text? Name them.
2.What is specific for each legal system?
3.What sources did the civil law system originate from?
4.Which of legal systems is recognized to be the most common in the world today and which one is the least accepted?
5.What are the types of religious law?
6.What countries use principles of socialist law?
III. Speaking
Task 1. Say what you have learned about the global legal system.
Task 2. Make up dialogues based on the topic “Global Legal Systems”:
Ask your fellow-student to explain the difference between Common Law, Civil Law and religious law systems.
Name advantages and/ or disadvantages of the Common Law and Civil Law systems and discuss them with your partner.
Task 3. What do you think about a kind of religious law which is debated so frequently nowadays? Why does it attract close attention of mass media?
Task 4. Prepare a brief report on the aspect “The system and classification of law”. You should summarize the pieces of information given in the exercises and texts.
IV. Listening
Task 1. Listen to the speaker and answer the questions:
a)Which types of law does he describe as the prominent ones? Write them down; the initial letters of each of them are given:
1. C ________ law
2. C________ law
3. C ________ law
4. L _______ or E ________ law
5. E ________ law
b)What other types does the speaker mention?
c)What does the term “consumerism” mean?
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Task 2. Listen to the parts of the text and complete these extracts.
1.____ ____is often governed by a ____ ___ and deals with hardcore crime cases. ________ of such enactments is often prolonged and in certain cases, ________. Lawyers and attorneys, who deal with such laws and cases related thereof, are often termed as _____ _____.
2.The corporate world compromises of all ______and _____ _____
that operate for profit. Due to their enormous financial capabilities, these organizations are to be governed by a set of laws which are at largely referred to as _____ ____.
3.The labor and ____ _____are basically framed to protect employees from the unlawful _____ and ______of the authorities of organization where they work. Such laws started to coming into prominence after the_____
_____.
4.In the 20th century, _______, concern about the _______and global
_____ have led to genuine environmental concerns which have led to passing of some important environment protection laws that are imposed on all citizens and also business organizations.
Task 3. Look at the audio script and check your answers.
V. Writing
Task 1. Look through the article “Labour Law” and write a summary. Before writing refresh the recommendations on how to make a summary. The tips are given in Unit 10 (Part II).
Labour Law
History. The origins of Labour Law can be traced back to the remote past and the most varied parts of the world. Labour Law appeared to be a result of successive industrial revolutions of the 18th century. It developed rather slowly, mainly in the more industrialized countries of Western Europe during the 19th century. Labour Law has become global important and world widespread only during the 20th century.
A body of law originally intended for the protection of manual workers in industrial enterprises is gradually transformed into a broader body of legal principles and standards, which have basically two functions: the protection of the worker as the weaker party in the employment relationship, and the regulation of the relations between organized interest groups (industrial relations).
Definition. Labor Law is the body of law that deals with the rights of employers, employees, and labor organizations. In its most comprehensive
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sense the term includes social security and disability insurance as well. In addition to the individual contractual relationships labor law deals with the statutory requirements and collective relationships that are important in massproduction societies, the legal relationships between organized economic interests and the state, and the various rights and obligations related to some types of social services. Thus there is a distinction between two categories of labor laws such as collective and individual. Collective Labor Law involves relationships between the union, the employer and the employee. Individual Labor Law involves concerns for employees' rights in the workplace.
Elements of Labour Law. The basic subject matter of Labour Law is considered under nine broad heads: employment; individual employment relationships; wages and remuneration; conditions of work; health, safety, and welfare; social security; trade unions and industrial relations; the administration of Labour Law; and special provisions for particular occupational or other groups.
The Contract. Employment is a basic concept and category of Labour Law. Workers have certain rights at work included in the contract. The contract of employment is an agreement made between the employer and the employee. This could be in the form of a written agreement or what has been agreed verbally between them.
Trade Union. A trade union may have negotiated an agreement with an employer about conditions at work. One of the main functions of trade unions is to protect the rights of the workers. Workers are entitled to receive a written statement that describes the main terms of the contract of employment. It gives details about job title, wages and hours of work, sick pay, pension scheme, leave entitlement, dismissal and so on.
Task 2. Read the article “What is Environmental Law?” and write a summary to the article.
Environmental Law is a collective term describing principles, policies, directives, and regulations enacted and enforced by local, national, or international entities to regulate human treatment of the nonhuman world. For example, environmental laws often relate to issues such as pollution of soil, air, or water; global warming; and depletion of oil, coal, and clean water.
Prior to the 20th century there were few international environmental agreements. They focused primarily on boundary waters, navigation, and fishing rights along shared waterways and ignored pollution and other ecological issues. During the late 20th century Environmental Law developed from a modest addition of the law of public health regulations into an almost universally recognized independent field protecting both human health and nonhuman nature.
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In the United States, the chief government agency for administering environmental regulations is the Environmental Protection Agency. Additionally, many states have their own environmental enforcement agencies. In both cases, these bodies administer the laws designed to protect both human health and the natural environment.
Generally, Environmental Law is broken into two categories: pollution control and remediation on the one hand, and conservation of natural resources on the other.
The laws and treaties pertain to matters like reducing greenhouse gas emissions, prohibiting the hunting or fishing of endangered species, or even banning the testing of environmentally destructive weapons, such as atomic bombs.
Usually, violations of Environmental Law are handled in a civil manner, with the imposition of fines and civil damages to injured parties. But there is a tendency spreading through the field of Environmental Law in favor of the enactment of state laws criminalizing environmentally destructive behavior. This has led to prison time for those who violate environmental laws, e.g. for business executives who allow their companies to pollute.
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