UNIT II. TEXTS FOR READING
1. Read and translate text 1.
LAW
One of the earliest systems of law of which we have knowledge is the collection of laws, known as the Code of Hammurabi, the Babylonian king, which was carved in stone about 1900 B.C., and which can be seen in the British Museum in London. Another early code is the code of Hebrew law, contained in the book of Exodus in the Bible.
In Greece each city state had its own law. Some Laws were common to many states, such as the laws relating to family life. In the seventh century B.C. Solon, the famous Athenian law-giver, provided a new law code. The Athenians did not consider it necessary to have legal experts for non-criminal cases. In a civil case the verdict was given by a jury, which might number anything from 201 to 2.500. The numbers of the jury listened to speeches made by the persons who had brought the case before them, and by their friends. Barristers were not allowed, but speeches were sometimes prepared by professional speech - writers.
Roman law is one of the greatest systems that has ever existed. It was based upon custom, and by A. D. 528 the quantity of Roman Law had become so immense that the Emperor Justinian in Constantinople ordered a clear, systematic code of all the laws to be made.
Roman law has had a deep influence upon the law of the world. The law of most European countries is based upon it, and it has had some influence on Anglo-Saxon law, which is the other great law system of the world. For many years Roman law seemed to be lost or forgotten, but it reappeared in the eleventh century, when there was a great revival of learning. Many European countries began to use Roman law in their courts. In France, however, until Napoleon codified the law in 1804, each province had its own laws. The Napoleon Code was a splendid achievement, and has been copied in many countries in Europe and South America.
WORD LIST
1. to be carved in stone – бути викарбуваним на камінні
2. to put laws into writing – записувати закони
3. to have a deep influence upon – мати глибокий вплив на
4. system of law – правова система
5. city-state – місто-держава
6. law-giver - законодавець
7. to provide a new law-code – створити новий кодекс законів
8. legal expert – юрист-фахівець
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9. Нebrew – іудейський
10. verdict - вирок
11. jury- присяжні
12.barrister - адвокат
13.to reappear – з’явитися знову
14. revival- пожвавлення
15.to be based upon custom – бути заснованим за традицією
16.to become so immense – ставати таким численним, що...
Comprehension Questions:
1. What systems of law are the earliest?
2. What laws were common for many states in Greece?
3. Who was the famous Athenian law-giver?
4. What do you know about Roman law?
5. When did Napoleon codify the law?
2. Read and translate text 2
THE NATURE AND CATEGORIES OF LAW
I. One of the most obvious and most central characteristics of all societies is that they must possess some degree of orderto permit the members to interact over a sustained period of time. Different societies, however, have different forms of order.Some societies are highly regimented with strictly enforced social ruleswhereas others continue to function with few strict rules being enforced. Order is therefore necessary, but the form through which order is maintained is certainly not universal.
In civilized societies law plays an important role in the creation andmaintenance of social legal orderby dealing with disorder and various conflictsthrough different civil and criminal institutions and procedures.Almost every aspect of lifein the modern state is regulated or affected in some way by law. There are laws,which provide for the remedying of defined grievances(e.g. by the payment of damagesin respect of accidentally inflicted injuries),laws which prohibit anti-social activities and provide for the imposition of penal sanctions for breach (criminal law of murder or theft), laws which regulate potentiallyharmful activitiesby, for example, systems of licensing, registration or inspection, usually in conjunction with the prescription of standards (liquor licensing, the protection of health and safety at work), laws which facilitate private arrangements (marriages, contracts, wills) and others. Thus law is a formal mechanism of social control.
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Black's Law Dictionary defines law as: "A body of rules of action or conduct prescribed by controlling authority and having binding legal force. Law is that which must be obeyed and followed by citizensand subjects to sanctions or legalconsequences". This body of rules is formulated through mechanisms represented by the branches of government. The process of balancing the competing claims among various parties remains the single most necessary aspect of problem resolution through law.
What are the primary functions of law? Keeping the peace,shaping moral standards, and promoting social justice while maximizing individual freedomare certainly among the primary functions. Law also facilitatesorderly change by passing statutes only after considerable study and debate.
II. There are various ways of categorizing law.Laws are traditionally divided into two main categories according to the solemnity of the form in which they are made. They may either be written or unwritten. These traditional terms are misleading, because the expression 'written' lawsignifies any law that is formally enacted, whether reduced to writing or not, and the expression 'unwritten' lawsignifies all unenacted laws. For example, judicial decisions are often reduced to writing in the form of law reports,but because they are not formal enactmentsthey are 'unwritten' law.
Considered from the aspect of the sources,English law can also be divided into Statute Law, Common Law and Case Law. Statute Law consists of all laws passed by the Parliament and confirmed by the Sovereign. They are called Acts of Parliament or statutes.Common Law consists of the principles and rules,of conduct based on the ancient customs of the country and recognized by the courts as laws. Common Law is unwritten because these rules were not enacted by the Parliament. The 'common law' was the term that came to be used for the laws and customs applied by the royal courtswhich emerged after the Norman Conquest. The Common Law progressively replaced local lawsand customs applied in localcourtsand became common throughout the country. Just as many ancient customs make up the Common Law, the collected decisions of the courts form English Case Law, which is also often referred to as 'common law'. The term 'common law' is used here to denote rules derived from binding decisions of the superior courtsin contrast to those derived from statutes.
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Law also can be divided into private law,which involves relationships between individual citizens, and public lawconcerning the relationships of the individual and the state and involves matters of state power. Civil lawand criminal laware the forms of private law and public law respectively.
WORD LIST
1) order - порядок
2) society - суспільство
3) regimented - організований
4)solemnity - важливість
5) binding – обов’язковий
6) social - суспільний
7) sources – джерела
8) Common Law – загальне право
9) Case Law – прецедентне право
10)private law – приватне право
11) public law – публічне право
12) сivil law – громадянське право
13) criminal law – кримінальне право
Comprehensive Questions:
1. What is the role of law in civilized societies?
2. Why is it necessary for all societies to have some form of social order?
3. What is law?
4. What are the main functions of law?
5. What are the main ways of classifying law?
6. What are the main sources of English law?
7. Which law regulates relationships between individual citizens?
8. What kind of legal relations does public law regulate?
3. Read and translate text 3.
WHAT IS THE AMERICAN LAWYER ?
A lawyer (also called attorney, counsel, counselor, barrister or solicitor) is a professional who is licensed to advise and represent others in legal matters. When you picture a lawyer, you probably think of an elderly gentleman in a three-piece suit arguing his case before an attentive jury of twelve. That picture is no longer accurate. Today’s lawyer can be young or old, male or female. Nearly half of all lawyers are under 35; the number of women lawyers has increased more than four times in recent years.
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In most cases, a lawyer spends more time in an office than in a courtroom. In reality, the “practice of law” most often involves researching legal developments, investigating facts, writing and preparing legal documents, giving advice and settling disputes. Because laws are constantly changing - and are constantly given new meanings in new cases - a lawyer must put much time into knowing how the laws and the changes will affect each situation.
A lawyer has two main duties: to uphold the law and to protect their clients’ rights. To carry out these duties, a lawyer must have both knowledge of the law and good communication skills.
WORD LIST
to advise – давати поради
to uphold - піддержувати
to affect - впливати
to research - досліджувати
to investigatе - розслідувати
to increase - збільшуватися
jury - присяжні
to represent - представляти
Comprehension Questions:
1. What is a lawyer?
2. How can you describe today’s American lawyer?
3. Which two main duties does an American lawyer have?
4. Read and translate text 4.
The Work of a Prosecutor
The main task of a prosecutor is to ensure the strict observance of the law by various organizations, officials and citizens. A prosecutor is to supervise the observance of legality by the organs conducting investigation, the legality of judicial judgements and the legality of keeping convicted persons in places of confinement.
Here are some of his rights and duties in preliminary investigation, in the examination of cases in court and in supervising over the observance of legality in places of confinement.
A prosecutor supervises the strict implementation of the law by investigators conducting inquires or preliminary investigations. He must see to it that no citizen is restricted of his lawful rights or subjected to unlawful and ungrounded criminal prosecution.
No person can be arrested without the sanction of the prosecutor or the court order. A search may be conducted only with the sanction of the prosecutor. After the investigation of a criminal case he approves the indictment and transfers it to the court.
A prosecutor discharges important functions in the trial. Like other participants in the trial (the defense council, the injured party) he may question witnesses, take part in the investigation of evidence in court, challenge the members of the court, submit fresh evidence, etc. When the court investigation is over, he pronounces an indictment. He may lodge his protest against the court’s judgement, decision in a higher court.
A prosecutor has broad power of supervision over the observance of legality in places of confinement: he verifies the legality of keeping persons in places of confinement, he checks up if convicted persons are released at the right time, he ensures that the statutory regime rules and the rules of labour for convicted persons are observed. To discharge these functions, a prosecutor has the right to inspect places of confinement at any time, to study documents, to question prisoners in prison and to demand personal explanations from the administration.
WORD LIST
a prosecutor - прокурор
to ensure - забезпечувати
to supervise – спостерігати
judgement – вирок, рішення суду
confinement – ув’язнення
preliminary - попередній
implementation - виконання
indictment – обвинувальний акт
verifу – перевіряти
Comprehension Questions.
1. What is the main task of a prosecutor?
2. What are the rights and duties of a prosecutor?
3. Which functions of a prosecutor in trial do you know?
4. Is the work of a prosecutor difficult? Why?
5.Read and translate text 5.
Judges in Great Britain
In Britain, the vast majority of judges (that is, the people who decide what should be done with people who commit crimes) are unpaid. They are called "Magistrates", or "Justices of the Peace" (JPs). They are ordinary citizens who are selected not because they have any legal training but because they have "sound common sense" and understand their fellow human beings. They give up time voluntarily.
A small proportion of judges are not Magistrates. They are called "High Court Judges" and they deal with the most serious crimes, such as those for which the criminal might be sent to prison for more than a year. High Court Judges, unlike Magistrates, are paid salaries by the State and have considerable legal training.
Magistrates are selected by special committees in every town and district. Nobody, not even the Magistrates themselves, knows who is on the special committee in their area. The committee tries to draw Magistrates from as wide a variety of professions and social classes as possible.
WORD LIST
3. Magistrates – мирові судді
4. "High Court Judges" – судді Високого Суду
5. to draw - залучати
6. unpaid – не отримувати зарплатню
7. proportion - частина
8. "sound common sense" – здоровий глузд
Comprehension Questions.
1.What kind of people are Magistrates?
2.Why are they selected?
3.Who would judge a person who had committed a crime like murder?
4.Who selects Magistrates and what is unusual about the system?
Зміст
Розділ 1.
1.Професія – юрист............................................................... стор. 4-7
2.Конституція України..........................................................стор.8-12
3.Конституція США............................................................. стор. 13-17
4.Судочинство в Україні...................................................... стор. 18-21
5.Судочинство в Великій Британії...................................... стор. 22-26
6.Судочинство в США......................................................... стор. 27-30
7.Права людини.....................................................................стор. 31-34
8.Правові системи.................................................................стор. 35-39
Розділ 2.Тексти для читання.
1. Текст 1. «Law».................................................................стор. 40-41
2. Текст 2. «The nature and categories of law»....................стор. 41-43
3. Текст 3. «What is the American lawyer?»........................стор. 44
4. Текст 4. „The work of a prosecutor»……………………стор. 45-46
5. Текст 5. „Judges in Great Britain»....................................стор. 47-48
Література:
1. Англо-русский полный юридический словарь. Состав. А.С.Мамулян. Первое издание. – М.: «Рэббит», 1993. – 400 с.
2. Гуманова Ю.Л., Королева В.А., Свешникова М.Л., Тихомирова Е.В. Just English. Английский для юристов. Учебное пособие под ред. Т.Н.Шишкиной. – М.: Гуманитарное знание, ТЕИС, 1996. – 198 с.
3. Зеликман А.Я. Английский для юристов. Учебное пособие. Ростов н/Д.: Изд. «ФЕНИКС», 1995.- 320 с.
4. Конституція України. Київ. Видавництво “Україна” 1996.
5. Международное право в документах: Учебное пособие/ Сост.: Н.Т. Блатова, Г.М. Мелков.- 2-е изд., перераб. и доп.- М.:ИНФРА-М,1997. – 696с.
6. Everyday Law. By Jack Last, LL. M. Made Simple Books, Inc. Greystone press. New York, 1956.
7. Repa Barbara Kate. The American Lawyer. When and how to use one. - American Bar Association, 1986.
8. The World Book Encyclopedia. - World Book, Inc., 1994(book 12).
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