Английский язык | 10 - 11 классы
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Governments have many ways to be sure that citizens obey the law.
They explain to the public what the law is and try to provide social support for law and order.
They use people forces to investigate crimes and catch criminals.
They use courts to complete the investigation of criminal and civil offences and to pass sentences to punish the guilty and deter others.
And they try to re - educate and reform people who have broken the law.
Which of these is most effective in enforcing the law?
The laws of all countries are in written records - the legal codes of countries, the statutes and case judgments of common law countries, etc.
Many people do not know where to find these records.
But ignorance of the law is almost never a defence for breaking it.
Governments usually expect citizens to know the laws.
However, there are many laws, such as those prohibiting theft, assault and dangerous driving, which simply reflect social and moral attitudes to everyday behavior.
In such cases a person knows he is breaking the law, even if he doesn't know exactly which law it is.
1)What ways do goverments use to make citizens obey law?
2)What do goverments use police force for?
3)What do they use coutrs for?
4)What laws reflect social and moral attitudes to everyday behavior?
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The Sources of English Law On the Continent the writings of legal authors form an Important source of law.
In England, in accordance with the tradition the courts are the interpreters of the law.
The "sources" of law are the sources to which the courts turn in order to |determine what it is.
From the aspect of their sources, laws are, traditionally divided into two main categories according to" the form in which they are made.
They may either be written or unwritten.
These traditional terms are misleading, because the expression "written" law signifies any law that is formally acted, whether reduced to writing or not, and the expression - “unwritten" law signifies all unenacted laws.
For example, judicial decisions are often reduced to writing in the form of law reports but as they are not formal enactments they are "unwritten" law.
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There have been, and will continue to be, different definitions of law.
The Greek philosopher Aristotle (384 - 322 B.
C. ) saw law as a "pledge that citizens of a state will do justice to one another".
The Roman philosopher Cicero (106 - 43 B.
C. ) contended that law was the agreement of reason and nature, the distinction between the just and the unjust.
Law consists of enforcement rules governing relationship among individuals and between individuals and their society.
Law is one of the most necessary institutions.
No society could exits if all people did just as they pleased, without regard for the rights of others.
Nor could a society exits if its members did not recognize that they also have certain obligations towards one another.
Law establishes the rules that define a person's rights and obligations.
Law also sets penalties for people who violate these rules, and it states how government shall enforce the rules and penalties.
In most societies, various government bodies, especially police agencies and courts, see that laws are obeyed.
Because a person can be penalized for disobeying law, most people agree that laws should be just.
With reference to its origin, law is derived from judicial precedents, from legislation or from custom.
With reference to is subject - mater, law is private or public.
Private law determines a person's legal rights and obligations in many kinds of activities that involve other people.
The great majority of lawyers and judges spend most of their time dealing with private - law matters.
More than 10 million cases are field in the United States courts each year.
These cases are called lawsuits or civil suits.
Private la can be divided into six major branches according to the kinds of legal rights and obligations involved.
These branches are :
Ответить на вопросы по тексту THE SYSTEM OF LAW IN OUR COUNTRY Law is а system of rules established by the state?
Ответить на вопросы по тексту THE SYSTEM OF LAW IN OUR COUNTRY Law is а system of rules established by the state.
The main aim of law is to consolidate and safeguard the social and state system and its economic foundation.
The system of law in our country consists of different branches of law.
Constitutional law is a leading branch of the whole system of law.
Its principal source is the country’s Constitution.
It deals with social structure, the state system, organization of state power and the legal status of citizens.
Administrative law is closely connected with constitutional law but it deals with legal forms of concrete executive and administrative activity of the government and ministries.
Financial law regulates the budget, taxation, state credits and other spheres of financial activity.
Civil law is connected with relations in the economic sphere of social life, with relations involving property, its distribution and exchange.
The right в property is the central institution of civil law.
The rules of labour law include the legislation on the labour of industrial and office workers and matters arising from labour relations.
Criminal law defines the general principles of criminal responsibility, individual types of crimes and punishment applied to criminals.
Criminal law takes the form of а criminal code consisting of а general and special part.
Ответьте на вопросы 1.
What is law?
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What is the main aim of law?
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What branches of law does the system of law in our country consist of?
__________________________________________________________________________________________________________________________________________________________________ 4.
What does each branch of law deal with?
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But in modern times most general customs i.
E. customs universally observed throughout the the realm)either do not exist or have become absorbed in rules of law.
For example many of early rules of the common law were general customs which the courts adopted, and they have become laws.
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The legal system in the United Kingdom (UK) The study of law distinguishes between public law and private law, but in legal practice in the UK the distinction between civil law and criminal law is more important to practising lawyers.
Public law relates to the state.
It is concerned with laws which govern processes in local and national government and conflicts between the individual and the state in areas such as immigration and social security.
Private law is concerned with the relationships between legal persons, that is, individuals and corporations, and includes family law, contract law and property law.
Criminal law deals with certain forms of conduct for which the state reserves punishment, for example murder and theft.
The state prosecutes the offender.
Civil law concerns relationships between, private persons, their rights, and their duties.
It is also concerned with conduct which may give rise to a claim by a legal person for compensation or an injunction – an order made by the court.
However, each field of law tends to overlap with others.
For example, a road accident case may lead to a criminal prosecution as well as a civil action for compensation.
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The Sources of English Law On the Continent the writings of legal authors form an Important source of law.
In England, in accordance with the tradition the courts are the interpreters of the law.
The "sources" of law are the sources to which the courts turn in order to |determine what it is.
From the aspect of their sources, laws are, traditionally divided into two main categories according to" the form in which they are made.
They may either be written or unwritten.
These traditional terms are misleading, because the expression "written" law signifies any law that is formally acted, whether reduced to writing or not, and the expression - “unwritten" law signifies all unenacted laws.
For example, judicial decisions are often reduced to writing in the form of law reports but as they are not formal enactments they are "unwritten" law.
Переведите текст PROPERTY LAW : The Issue of Rights Law may be broken into Criminal Law and Civil Law?
Переведите текст PROPERTY LAW : The Issue of Rights Law may be broken into Criminal Law and Civil Law.
Civil Law may be broken into Property Law, Contract Law and Tort Law.
Each of these three may be broken into law and equity components.
But it is Property Law which brings a need for the other many types of Civil Law.
It is the right of private property ownership ("mine, not yours") which gives the need for Property Law.
If there is no right to private property, then the king owns everything and punishes any who violates the laws he makes to protect what is his.
Well, if two of the actions in trespass were based upon injury to property or to property rights, a law of property would be required so that we could determine who owned what, or had what rights in what property.
If you damage my property, we need Tort Law, if I want to sell the land to you we need Contract Law ; if I want you to get my property when I die, we need Inheritance Law ; if I want to pay by check, we need Negotiable Instruments Law ; if we want to be merchants or manufacturers of products, we need Merchant Law ; we need remedies and procedure to make law work for us when someone breaches the law.
Thus Property Law asks : What are the respective rights : ownership - possession - use, present or future, contingent or certain, etc.
Of competing parties (that is, whose rights are the higher)?
Is the proof sufficient to tip the scales?
What needs to be done to uphold, or protect the rights?
Because of the importance attached to ownership of property and the means of production as well as the right to peaceable enjoyment, damages did not need to be shown to bring and win a case in Property Law.
The earliest cases were all strictliability : volitionally do an act and you are liable without regards to the state of your mind.
However, the state of your mind might effect the damage question.
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The Sources of English Law 1.
On the Continent the writings of legal authors form an important source of law.
In England, in accordance with the tradition the courts are the interpreters of the law.
The ’’sources” of law are the sources to which the courts turn in order to determine what it is.
From the aspect of their sources, laws are traditionally divided into two main categories according to the form in which they are made.
They may either be written or unwritten.
These traditional terms are misleading, because the expression “written” law signifies any law that is formally enacted, whether reduced to writing or not, and the expression “unwritten” law signifies all unenacted laws.
For example, judicial decisions are often reduced to writing in the form of law reports, but as they are not formal enactments they are “unwritten” law.
2. Under the influence of the Code Napoleon many continental countries have codified their law, public and private.
On the Continent, therefore, the volume of written law is more than the volume of unwritten.
In England in accordance with the tradition writings of the laws had comparatively little respect in the past and for the most part have never been enacted.
So in England where more of the laws derive from judicial precedents, unwritten law is predominant.
This does not, of course, mean that none of English law is codified.
Many parts of it are codified : such as the law on the sale of goods (Sale of Goods Act 1979) and the law on partnership (Partnership Act 1890).
All that means that although Parliament may and does make any laws it pleases, there is no whole system of codification which prevails in many continental countries.
3. Two principal and two subsidiary sources of English law must be mentioned.
These principal sources are Legislation, and Judicial Precedent, the subsidiary sources are Custom and Books of Authority which carry a weight of authority almost equal to that of precedents.
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THE ISSUE OF RIGHTS Law may be broken into Criminal Law and Civil Law.
Civil Law may be broken into Property Law, Contract Law and Tort Law.
Each of these three may be broken into law and equity components.
But it is Property Law which brings a need for the other many types of Civil Law.
It is the right of private property ownership which gives the need for Property Law.
If there is no right to private property, then the king owns everything and punishes any who violates the laws he makes to protect what is his.
Well, if two of the actions in trespass were based upon injury to property rights, a law of property would be required so that we could determine who owned what, or had what rights in what property.
If you damage my property, we need Tort law ; if I want to sell the land to you we need Contract Law ; if I want you to get my property when I die, we need Inheritance Law, if I want to pay by check, we need Negotiable Instruments Law ; if we want to be merchants or manufacturers of products, we need Merchant Law ; we need remedies and procedure to make law work for us when someone breaches the law.
Thus Property Law asks : What are the respective rights : ownership – possession – use, present or future, contingent or certain, etc.
Of competing parties?
Is the proof sufficient to tip the scales?
What needs to be done to uphold, or protect the rights?
Translate the texts in written form?
Translate the texts in written form.
LAW Law, body of official rules and regulations, generally found in constitutions, legislation, judicial opinions, and the tike, that is used to govern a society and to control the behavior of its members.
The nature and functions of law have varied throughout history.
In modem societies, some authorized body such as a legislature or a court makes the law.
It is backed by the coercive power of the state, which en - forces the law by means of appropriate penalties or remedies.
Formal legal rules and actions are usually distinguished from other means of social control and guides for behavior such as mores, morality, public opinion, and custom or tradition.
Of course, a lawmaker may re¬spond to public opinion or other pressures, and a formal law may prohibit what is morally unacceptable.
Law serves a variety of functions.
Laws against crimes, for example, help to maintain a peaceful, orderly, relatively stable society.
Courts con¬tribute to social stability by resolving disputes in a civilized fashion.
Prop¬erty and contract laws facilitate business activities and private planning.
Laws limiting the powers of government help to provide some degree of freedom that would not otherwise be possible.
Law has also been used as a mechanism for social change ; for instance, at various times laws have been passed to inhibit social discrimination and to improve the quality of indi¬vidual life in matters of health, education, and welfare.
Some experts believe the popular view of law overemphasizes its for¬mal, coercive aspects.
They point out that if a custom or norm is assured of judicial backing, it is, for practical purposes, law.
On the other hand, a stat¬ute that is neither obeyed nor enforced is empty law.
Social attitudes toward the formal law are a significant part of the law in process.
The role of law in China and Japan, for example, is somewhat different from its role in Western nations.
Respect for the processes of law is low, at least outside matters of business and industry.
Tradition looms much larger in everyday life.
Resort to legal resolution of a dispute is truly a last resort, with con¬ciliation being the mechanism that is preferred for social control.
Law is not completely a matter of human enactment ; it also includes natural law.
The best - known version of this view, that God's law is su¬preme, has had considerable influence in the United States and other Western societies.
The civil rights movement, for example, was at least partially inspired by the belief in natural law.
Such a belief seems implicit in the view that law should serve to promote human dignity, as for instance by the enforcement of equal rights for all.
Answer the following questions.
1. What is law?
2. Who makes law in modern societies?
3. Is there any distinction between law and morality?
4. What are the functions of law?
5. How do you understand the phrases from the text : ‘law for practical purposes’ and ‘empty law’?
6. What is the role of law in eastern countries?
7. What is the influence of natural law in modern life?
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У правительств есть много способов убедиться, что граждане подчиняются закону.
Они разъясняют общественности, что такое закон, и стараются обеспечить социальную поддержку правопорядка.
Они используют полицию для расследования преступлений и поимки преступников.
Они используют суды для завершения расследования уголовных и гражданских правонарушений и для вынесения приговоров с целью наказания виновных и сдерживания от совершения преступлений других людей.
И они пытаются перевоспитать и изменить людей, нарушивших закон.
Что из этого наиболее эффективно в обеспечении соблюдения закона?
Законы всех стран содержатся в письменных документах - правовых кодексах стран, уставах, судебных решениях и т.
Д. Многие люди не знают, где найти эти сведения.
Но незнание закона почти никогда не защищает от его нарушения.
Правительства обычно рассчитывают, что граждане знают законы.
Однако существует множество законов, таких как запрет краж, опасного посягательства и опасного вождения, которые просто отражают социальное и моральное отношение к повседневному поведению.
В таких случаях человек знает, что он нарушает закон, даже если он не знает точно, какой именно это закон.
1) What ways do goverments use to make citizens obey law?
Governments explain to the public what the law is and try to provide social support for law and order.
2) What do goverments use police force for?
They use police force to investigate crimes and catch criminals.
3) What do they use courts for?
They use courts to complete the investigation of criminal and civil offences and to pass sentences to punish the guilty and deter others.
4) What laws reflect social and moral attitudes to everyday behavior?
These are laws, such as those prohibiting theft, assault and dangerous driving.