The History of English Law

In the Western world to-day there are countless systems of law, but broadly speaking, they arise from either of two roots – the Roman Law or the English Law. The English Common Law is native to Britain, but has sprung forth in the United States, in Australia, New Zealand and most of Canada, whereas Scotland, the Continent and South Africa have all taken strong doses of Roman Law.

It is very curious that the Romans should have left their trace on the English language and landscape, but failed to affect their law.

The next influence on English Law was the formidable William the Conqueror (XI century). The English king Henry II (XII century) influenced the English law greatly. To him England owes the Assizes and the jury system as a regular mode of trial. In its early form the jury was a selected body of men who were obliged on oath “to present” for trial all the people in their district who committed crimes. The jury system became more firmly established and trial by jury became compulsory.

The Court of Chancery was established under the Statute of Westminster II (XIII-th century). The Chancellor was at first the King’s secretary. The Court of Chancery dealt with civil matters in Equity.

Relations between Common Law and Chancery Courts grew worse. After the Napoleonic Wars a new Common Court of Appeal was established. Various acts tended to one thing, the fusion of the courts. This was finally achieved by the Judicature Acts of 1873 and 1875. There was to be one Supreme Court consisting of the Court of Appeal and the High Court. For convenience it was divided into three Divisions – Chancery, Queen’s Bench and Probate, Divorce and Admiralty. The age old struggle between Law and Equity was put to rest.

The highest court in the land to-day is the House of Lords. In theory, any peer sitting in the House may take part in an appeal. It is a custom that only those in the Lords holding high judicial office may do so.

Common Law crimes were divided into two classes: felony (the more serious) and misdemeanor (less grave). All felonies were punishable with death. As public opinion cried out against such cruelty capital punishment was abolished for hundreds of offences, and in 1965 it was abolished altogether.

Task 3. Answer the following questions:

1. What are the two main roots of law in the Western World?

2. When was the capital punishment abolished altogether?

3. Where did the English Common Law spring forth?

4. Which countries took strong dozes of Roman Law?

5. Why couldn’t the Romans influence the English Law?

6. Who influenced the English Law greatly in the XI-th century?

7. What court system does English owe to Henry II?

8. What was the jury in its early form?

9. When was the Court of Chancery established?

10. Did the Court of Chancery deal with criminal or civil matters?

11. When was the fusion of the courts achieved?

12. What is the Highest Court of England?

13. Into what classes were Common Law crimes divided?

14. When was the Statute of Westminster II adopted?

Task 4. Pick out from the text all the word combinations with the following words and give their Ukrainian equivalents

law, court, division, punishment, system,trial.

Task 5. Translate the following sentences:

1. England has no written constitution or code of law.

2. The laws of the constitution comprise three kinds of rules: statute rules, case law and custom (especially Parliamentary custom).

3. Many of English most important rules of law are not to be found in any written enactment, but take parts of Common Law.

4. In this context Common law means “Unwritten law”, as opposed to Statute law.

5. Constitutional Law is a brunch of law which regulates how the government of the country is to be carried out.

6. Though England has no written constitution that is not to say it has no Constitutional Law.

7. Any part of the law may be charged by simple Act of Parliament.

8. As the law of the constitution is part of the Common Law.

9. However much the courts dislike a statute, they can not overrule it.

10. The judges of the Supreme Court may make Rules of Court, and they thus exercise a legislative capacity (компетенція).

11. Roman Law had a great influence on Continental countries.

12. The Criminal Appeal Act, 1966, provides that the Court of Appeal shall consist of two divisions: one exercising civil jurisdiction and one criminal.

13. The purpose of punishment is to prevent the offender from committing more crimes.

14. In the High Court cases the jury comprises12 persons.

15. When a judge sits without a jury, he determines questions of law and fact.

Task 6. Make the following sentences complete by translating the phrases in brackets

1. The high Court is divided into (три відділення).

2. In England and in the USA the jury system (обов’зкова).

3. The Chancellor was at first (королівським секретарем).

4. The Court of Chancery dealt with (громадськими позовами по праву справедливості).

5. The highest court in England today is (палата лордів).

6. In theory any peer may take part in (розгляд апеляції).

7. Common Law crimes were divided into (два класи: більш серйозні та менш серйозні).

8. Some courts can decide the case (без присяжних)

9. Capital punishment (остаточно скасована в Англії).

10. Scottish law has taken a lot (з Римського права).

Task 7. Read and translate the following text. Make your own sentences with the underlined words and phrases