VI. Insert the articles if necessary.

… English word "law" refers to limits upon various forms of behavior. Some laws are descriptive: they simply describe how … people, or even natural phenomena, usually behave. An example is … consistent law of gravity. Other laws are prescriptive—they prescribe how … people ought to behave. For example, … speed limits imposed upon drivers are laws that prescribe how fast we should drive. They rarely describe how fast we actually do drive, of course.

In all … societies, relations between people are regulated by prescriptive laws. Some of them are customs—that is, informal rules of social and moral behavior. Some are rules we accept if we belong to particular social institutions, such as … religious, … educational and … cultural groups.

VII. Fill in the blanks with suitable prepositions.

Customs need not be made … governments, and they need not be written down. We learn how we are expected to behave … society through the instruction … family and teachers, the advice of friends, and our experiences … dealing … strangers. Sometimes, we can break these rules … suffering any penalty. The ways … which people talk, eat and drink, work, and relax together are usually guided … many such informal rules which have very little to do … laws created … governments.

What motives do governments have … making and enforcing laws? Social control is undoubtedly one purpose. Public laws establish the authority … the government itself, and civil laws provide a framework … interaction among citizens. Without laws, it is argued, there would be anarchy … society.

VIII. Explain the italicized grammar constructions in the following sentences.

1. The speed limits imposed upon drivers are laws that prescribe how fast we should drive.

2. Customs need not be made by governments, and they need not be written down.

3. Sometimes, we can break these rules without suffering any penalty.

4. What motives do governments have in making and enforcing laws?

5. Governments are guided by more practical considerations such as rising crime rates.

IX. Agree or disagree with the following statements. Give your reasons.

1. People can’t live without laws and customs.

2. We don’t need laws because no country can provide its citizens with perfect laws.

Unit 5.2

Criminal and Civil Law

Read the text to fulfil the tasks.

The aim of the domestic legal system is both to control unlawful activities against citizens and the state, and to serve citizens in a variety of ways. Hence there are two main branches of law in the United Kingdom — criminal law and civil law.

Criminal law is concerned with acts punishable by the state, in other words, the primary object of criminal law is to protect society by punishing those who are considered to have broken the law and done something wrong to society in general. The trial and the punishment are supposed to act as deterrents to potential offenders, as well as to state society's attitudes on a wide range of matters. For this reason it is usually the state which initiates proceedings against an individual or a group and a criminal action is brought against the accused in the name of the Queen.

Civil law covers disputes (about the rights, duties and obligations) between two or more parties — individuals, companies or other organisations. It also provides a means of legal scrutiny of the action of public bodies. The purpose of English civil law is not to punish, but to establish harmony or obtain compensation or some other remedy. One party (plaintiff) will initiate a civil action against another individual or organisation (defendant). The disputes may be settled during the course of negotiations and litigation or eventually by a judge or registrar after a full trial of the facts.

The distinction between civil and criminal matters is not precise. Courts may be classified as criminal courts and civil courts, but in England and Wales and Northern Ireland magistrates' courts have both a civil and criminal jurisdiction. Conduct may amount to both a civil and criminal wrong. However the court of trial and the rules of procedure and evidence will usually differ in civil and criminal cases.

Civil remedies and the criminal process are being used together to deal with social problems. The Crime and Disorder Act 1998 introduces an anti-social behaviour order, which is a civil order designed to prevent continued criminal and sub-criminal anti-social acts. Breach of this civil order constitutes a criminal offence. Other recent examples of this overlap are orders relating to protection from harassment, and sex offenders orders, designed to prevent behaviour by sex offenders that poses a serious risk to the public.

Text-study

1. Learn the following words

branch of law – отрасль права

trial – судебный процесс

deterrent – средство устрашения

attitude – отношение

dispute – диспут, дебаты, полемика

scrutiny – проверка правильности

plaintiff – истец

defendant – ответчик, подсудимый

negotiations – переговоры

registrar – чиновник-регистратор

breach – нарушение

harassment – беспокойство, домогательство

overlap – частичное совпадение