- •Basics of law. Основы права
- •I. Law: a necessary evil?
- •II. What is law? Descriptive and prescriptive
- •Social morality, rules and laws
- •The nature of law
- •Law and Morality
- •Law and Justice
- •Conclusion
- •Freedom of choice?
- •Discussion
- •Sources of modern law
- •Judicial precedent
- •Sources of modern law
- •Common law systems
- •Continental systems
- •Legal system of the Republic of Belarus
- •Discussion
- •Civil and public law
- •Civil and public law Main categories
- •Differences in procedure
- •Points of contact
- •Criminal law
- •Civil law
- •Discussion
- •Judicial institutions
- •Judicial institutions
- •English courts
- •Appeals
- •Lower courts
- •Restrictions
- •The jury
- •Jury service — an important job and a rewarding experience
- •How you were chosen
- •Selection of the trial jury
- •Judicial decisions as authorities
- •Discussion
- •Lawyers at work
- •Lawyers at work Professional titles
- •Legalese
- •Functions of solicitors
- •Functions of barristers
- •Functions of judges
- •Functions of magistrates
- •Functions of coroners
- •The face of the judiciary
- •Judicial education in the usa
- •Other systems
- •Alternative dispute resolution
- •Discussion
- •Criminal law
- •Criminal law The nature of criminal law
- •What is a crime?
- •Criminal Conduct
- •Ingredients of a Crime
- •Elements of proof
- •Actus reus and mens rea
- •Defenses
- •Private wrongs
- •Felony and misdemeanor
- •Crimes against the state
- •People and property
- •Victimless crimes
- •White-collar crime
- •Organized crime
- •Computer crime
- •Discussion
- •What is a tort?
- •Tort law’s relationship to criminal and contract law
- •Legal remedies to correct tortious conduct
- •Violations of duty and legal liability
- •Requirements of proof
- •Discussion
- •Enforcing the law
- •Enforcing the law
- •Role of police force
- •Civil and criminal penalties
- •Capital punishment (cp)
- •Law of Criminal Procedure
- •Discussion
Freedom of choice?
Perhaps no issue is discussed more often than the rights and freedoms of the individual — how far should the state decide what is best for us, and how far should we have the right to control our own lives? Even in countries where social and political values are very similar, the laws about some of the world’s most controversial issues can be very different.
1. In the Netherlands, the law allows doctors to help terminally ill patients to die if the patient states repeatedly that this is their wish. The doctor must follow very strict guidelines, and must be prepared to defend the decision in court. However, unlike in most other countries, he cannot be prosecuted if he has followed the guidelines correctly. Elsewhere in the world “Voluntary Euthanasia” groups continue to campaign for the right to decide if you no longer wish to live.
2. Recent medical advancements mean that, with special treatment, women of almost any age can give birth. In most countries, this is only allowed for women up to about fifty, but in Italy until recently there were no laws to limit this, with the result that several women in their sixties have given birth. Some experts remain convinced that women of this age have the same right to have children as women in their forties, provided they are mentally and physically fit.
3. The second amendment of the US Constitution means that every citizen has the right to own and carry a gun if they wish to. In most other western democracies, the law is very different — the ownership of guns is strictly controlled. In Britain following terrible tragedies, all privately owned guns are now banned.
4. In the Netherlands, people are allowed to carry small amounts of “soft” drugs for their own personal use. However, only special cafes licensed by local governments are allowed to sell these drugs. The Dutch government believe that this approach has helped to control the abuse of “hard” drugs, such as heroin. Similar attempts to legalize “soft” drugs in other countries have been opposed by those who believe that this would worsen the drug problem.
5. While some countries rely entirely on a professional army — the USA, Britain and France, for example — in most countries in the world, military service is still compulsory for young men, unless there is some medical reason why they cannot do it. The period varies from country to country: in Poland, Germany and Italy it is a year to eighteen months. In Switzerland it is only a few weeks a year, but it continues until the man is in his mid-forties. In Israel, on the other hand, both men and women must go into the army: men for three years and women for two.
6. The state of California in the USA has recently introduced a law which means that anyone convicted of three offences — however small — is automatically sentenced to between twenty-five years and life in prison. This has meant life sentences for very minor crimes — stealing a pizza in one case. In Europe, some politicians would like to follow the example in the hope of reducing crime.
Find in the above articles the following English equivalents to use them in the discussion:
1. спорный вопрос, 2. неизлечимые больные, 3. следовать инструкциям, 4. запрещать огнестрельное оружие, 5. употребление наркотиков не в лечебных целях, 6. воинская повинность, 7. осуждать за правонарушение, 8. пожизненное заключение, 9. незначительное правонарушение.
Look back at the six laws described above and point out whether:
you strongly agree with the law
you partly agree with the law
you don’t know or aren’t sure
you disagree with the law
Ground your statement, listen to other opinions and define which issues were most controversial in your group.