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D1. Write a short summary of the facts presented in the previous exercise. Use the questions after the text.
D2. Project-work.
Find in the Internet or an Encyclopedia or other sources some interesting facts concerning legal regulations in different societies, different nations, different times. Present this information to the class.
LESSON 3
A. READING
A1. Read the text, pay attention to the underlined words, memorize them and be ready to discuss the text.
KEY VOCABULARY
legal (a) – правовой, законный, юридический
substantial (a) – существенный, важный
provide (v) – давать,
обеспечивать
rival (a) – соперничающий assert (v) – утверждать immanent (a) – постоянный enact (v) – постановлять, принимать
correspond (v) –
соответствовать summarize (v) – резюмировать, подводить итог
unjust (a) – несправедливый
Philosophy of law
Philosophy of law is a branch of philosophy and jurisprudence which studies basic questions about law and legal systems, such as “what is the law?”, “what is the relationship between law and morality?” and many other similar questions. The question “What is law?” has received the most substantial attention from philosophers of law. Three schools of thought have provided rival answers to this question.
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Natural theory asserts that there are laws that are immanent in nature, to which enacted laws should correspond as closely as possible. This view is frequently summarized by the maxim: an unjust law is not a true law, in which “unjust” is defined as contrary to natural law.
Legal positivism is the view that the law is defined by the social rules or practices that identify certain norms as laws. Historically, the most important part of this theory was developed by Jeremy Bentham, whose views were popularized by his student, John Austin. Austin’s version of legal positivism was based on the notion that the law is the command of the sovereign backed by the threat of punishment.
Legal realism is the view that the law should be understood as it is practiced in the courts, law offices, and police stations, rather than as it is set forth in statutes.
In the 20th century, two great legal positivists had a profound influence on the philosophy of law. On the continent, Hans Kelsen was the most influential theorist, and his legal views are still influential. In the Anglophone world, the most influential figure was Herbert Lionel Adolphus Hart, Professor of Jurisprudence at Oxford University, who is considered one of the most important legal philosophers. Hart’s most famous work is The Concept of Law first published in 1961. He argued that the law should be understood as a system of social rules. Hart’s theory, although widely admired, was criticized by a variety of late 20th century philosophers of law (R.Dworkin, J.Finnis, J.Raz)
B. COMPREHENSION
B1. Agree or disagree with the following statements. Make the false statements true.
1)The text is about philosophers of law.
2)Philosophy of law studies particular differences of legal systems.
3)There are three schools of thought providing identical answers to the question “What is law?”
4)Natural theory asserts that enacted laws should closely correspond laws of nature.
5)The most important part of positivist theory was developed by J.Austin.
6)In the 20th century legal realism had a great influence on the philosophy of law.
7)The legal views of H.L.A.Hart are still influential.
B2. Complete the sentences using the text.
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1.Philosophy of law combines two sciences: _______ and
_______ . Philosophy of law studies ________.
2.The question “What is law?” has received _________ .
3.There are three main theories that provide answers to this question. They are: _________.
4.Natural theory of law is often summarized in the following maxim: ___________
5.The theory of legal positivism was developed by _________.
6.Understanding the law as real practice in courts, law offices and police stations is the view of _________.
7.The most influential theorists of law in the 20th century were
__________.
C.VOCABULARY
C1. What is your personal understanding of the following words: RULE, REGULATION, LAW. Is there any difference in the meaning? Read and note the following information. Consult a dictionary and write out the expressions or sentences with these words.
RULE – an instruction that says what people are allowed to do or not allowed to do (in a game, in a school or organization); a usual or customary course of behaviour. Rule is not so official as regulation. They may be written down, may be not. It may be in informal agreement about doing something.
E.g. It says in the rules that every child has to wear school uniform.
REGULATION – an official rule made by a government (or organization), which is part of a set of rules. Regulations are usually adopted by officials or authorities and written down. They are to control conduct of people or quality of things. For example, army regulations say what soldiers must or must not do. Planning regulations control process of house building.
E.g.: The new regulations are very strict about what you can and cannot bring into the country.
LAW – an official rule that all the citizens of a country must obey; also a code of behaviour or ethics. Laws are written down and enforced among all members of a state. They also define criminal and non-criminal cases.
C2. a) Work in two groups. Give the Russian equivalents to the following expressions, use a dictionary, if necessary; compare your answers with those of your classmates:
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Group 1 |
Group 2 |
a) legal profession – |
e) substantial argument – |
legal document – |
substantial improvement – |
legal language – |
substantial sum of money – |
legal owner – |
substantial breakfast – |
b) bad (good) influence – |
f) to argue logically, sensibly – |
positive (negative) influence – |
|
powerful, strong influence – |
to argue passionately – |
cultural, moral influence – |
to argue over/ about something – |
sphere of influence – |
to argue for/ against something – |
influential man – |
g) despotic rules - |
influential circumstances – |
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|
popular rule - |
c) natural laws - |
home/ foreign rules - |
family law - |
majority / minority rule – |
immigration law - |
h) hospital regulations - |
feudal laws - |
|
criminal law - |
police regulations - |
business laws – |
traffic (road) regulations - |
|
safety regulations - |
d) common notion – |
army regulations - |
widespread notion – |
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strange notion – |
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b) Use these expressions in sentences of your own:
To take legal advice; to use one’s influence; to strengthen influence; to be under somebody’s influence; to have no notion of obedience (discipline); to form a true (wrong) notion of something; a head full of silly notions; to back a plan; to back an argument with proof; to argue that black is white; to make a threat; to carry out a threat; to answer threats with threats; his actions do not correspond his words.
C3. Choose the best word (law, rule, regulation) to fill in the blanks:
1.There is a……….against cruelty to animals.
2.In some organizations safety ……….are very strict.
3.Do you want me to explain you the ……….of the game?
4.The ……….of gravity was explained by Newton.
5.If you put a plural verb with a singular noun, you’re breaking a basic
……….of grammar.
6.Everyone is equal under the …………
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7.He makes it a ……….to do an hour’s work in the garden every day.
8.You can’t smoke in here – it’s against the ………. .
9.I asked my secretary to get copies of all prison ………. .
10.Health and safety ……….are enforced by inspectors.
11.He lives with his own ……….about washing and mealtimes.
12.This ……….doesn’t apply to graduate students.
13.Each family has its own ………about bedtime.
14.We shall need more stringent ……….against pollution.
D. TRANSLATION
D1. Translate the following text into English. Use the helpful vocabulary from the box below if necessary.
Helpful vocabulary
by nature, companionship, primitive, to form, tribe, self-protection, by reason of, to assert, order, sovereign, duty, to obey, to argue, influential, substantial, to lay down, to impose on, to back, threat, punishment, to provide, the larger…the more complex…
Человек является по природе социальным существом, желающим дружеских отношений с другими людьми. В ранние времена люди создавали племена, группы, общества или для самозащиты или по причине социального инстинкта. Философ Джон Остин утверждал, что ранние законы являлись приказами правителя, и что обязанностью граждан было повиноваться этим приказам. Другие философы доказывают, что влиятельные мужчины и женщины в первобытных обществах создавали многие важные правила сами, и только потом эти правила были приняты правителем и навязаны обществу. Они поддерживались угрозой наказания. Следовательно, правила и законы были созданы для того, чтобы обеспечить мирную жизнь всем членам общества. Чем больше общество, тем более сложными будут правила и законы.
D2. IT IS INTERESTING TO KNOW.
Read the following information and say whether this information is known to you or if you can add to it more interesting facts:
Jeremy Bentham (1748-1832) was an English gentleman, jurist, philosopher, legal and social reformer. He argued in favour of individual and economic freedom, including the separation of church and state, freedom of expression, equal rights for women, animal rights, the end of slavery, the abolition of