TEXT 4: THE LEGAL HERITAGE OF FRANCE
Every society has a working system of laws to govern itself and settle disputes among people. Laws gradually change over time to reflect the continual changes in society. Rooted in English law from the time of the colonies, the American legal system also contains elements of Dutch, Spanish, and French law. The office of district attorney may be of Dutch origin. Spanish or Mexican law influenced the legal system in much of the West. French law established a lasting influence in Louisiana.
Louisiana is the only state with a civil law code based on the French Napoleonic Code. All other states use the English common law. Originally French, the Louisiana Territory was ceded to Spain and then returned to France in 1800. Three years later the Louisiana Purchase* brought the Territory into the United States. President Jefferson sought to establish English common law in place of the French and Spanish laws then in effect in Louisiana. The inhabitants of the territory resisted the efforts, and in 1808 the local legislature passed the Digest of Civil Laws that was closely modeled after the Napoleonic Code then in force in France. Most of the written articles of the Code of 1808 were based on French laws, others reflected the territory's Spanish heritage. Revised in 1825 and then again during Reconstruction* *, the Civil Codes of Louisiana remain largely intact today.
Although one legal scholar in Louisiana described the codes as "The most precious heritage we have received from our ancestors," some people believe the Civil Code should be revised and updated. Although this call for revision may ultimately be met, the long traditional heritage of French law in Louisiana will continue in whatever new civil codes that are adopted.
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* Louisiana Purchase — Луизианская Сделка
** Reconstruction — амер. ист. Реконструкция Юга после гражданской войны
TEXT 5: THE ROOTS OF AMERICAN GOVERNMENT
Every year thousands of foreign and American tourists flock to Virginia to visit the remains of Jamestown, the first permanent English settlement in North America. Crumbling foundation stones and the ruins of the old church tower mark the site of the original Jamestown, founded in 1607. The decaying brick and mortar offer a striking contrast to the enduring principles of self-government inherited from the English colonists. This legacy of self-government enables Americans today to voice their opinions without fear of reprisal, to choose their leaders, and to take an active role in shaping the nation and communities in which they live. Modern Americans, like the colonists, believe that there are natural rights — life, liberty, and property — that governments are contracted to protect.
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They state in the first ten Constitutional Amendments, known together as the Bill of Rights, what they consider to be the fundamental rights of any American. Among these rights are the freedom of religion, speech, and the press, the right of peaceful assembly, and the right to petition the government to correct wrongs. Other rights guard the citizens against unreasonable searches, arrests, and seizures of property, and establish a system of justice guaranteeing orderly legal procedures. These include the right of trial by jury, that is, being judged by one's fellow citizens.
The great pride Americans have in their Constitution, their almost religious respect for it comes from the knowledge that these ideals, freedoms, and rights were not given to them by a small ruling class. Rather, they are seen as the natural "unalienable" rights of every American, which had been fought for and won. They cannot be taken away by any government, court, official, or law.
TEXT 6: THE INDIAN SELF-GOVERNMENT IN NORTH AMERICA
Long before the United States had its first constitution, Native Americans in present-day New York State had drafted their own plan of government. In about 1570, two Native American leaders urged people in their region to make peace and join together to resist invasions from other nations. Their actions led to the formation of the Iroquois Confederation of the Five Tribes.
Indian legend, passed along from generation to generation, credits Hiawatha, a famous Indian Chief, with giving the speech that laid the foundation for unity before the council of five Indian tribes. Following Hiawatha's speech the leaders discussed and adopted the idea of a confederation.
Although Native Americans in other parts of North America also created confederacies, the Iroquois Confederation was better organized and more effective. This was perhaps because they had a constitution — the first in the Americas. Though this constitution was not written down until 1850, its provisions included establishing peace between the numerous tribes of Indians, the preservation of life, property and liberty and honesty between their leaders. The confederate Chiefs took an oath that they would live according to the constitution of the Great Peace and exercise justice in all affairs.
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This constitution guided the Confederation for more than 200 years, ensuring peace for the Indian tribes but it collapsed later during the American Revolutionary War. Despite the ultimate defeat of the Confederation, the Native American concept of representative government influenced the course of early American democracy.
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