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THE NATURE OF LAW |
Warming up:
1. Give the examples of customs, principles of morality and legal rules. What legal rules are formed out of the customs of the people?
2. Who creates laws? Who is responsible for fairly and just administration of law?
Vocabulary notes:
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conduct |
поведінка |
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companionship |
товариство |
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order |
порядок |
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compulsion |
примус |
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obedience |
слухняність |
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transgression |
правопорушення |
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ethical precept |
етичні принципи |
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conscience |
совість |
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justice |
правосуддя, справедливість |
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agreement |
згода |
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behavior |
поведінка |
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authorized body |
адміністративний орган |
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to impose |
накладати |
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to enforce |
забезпечувати виконання, примушувати |
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to draw up |
укладати |
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to ensure |
гарантувати, забезпечувати |
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to comprise |
складатися |
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to guide |
регулювати, керувати |
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to approve of |
схвалювати |
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to be vested in |
бути уповноваженим |
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to lay down |
покладати |
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to subject to smth. |
підкорятися |
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to carry out |
здійснювати |
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to mould the law |
формувати |
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to attain justice |
добиватися, досягати |
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to resolve disputes |
розв’язувати суперечки |
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to facilitate |
сприяти |
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to limit |
обмежувати |
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to inhibit |
забороняти, перешкоджати, стримувати |
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coercive |
примусовий |
The term “law” is used in many senses: we may speak of the laws of physics, mathematics, science, or the laws of football. When we speak of the law of a state we use the term “law” in a special and strict sense, and in that sense law may be defined as a rule of human conduct, imposed upon and enforced among, the members of a given state.
People are by nature social animals desiring the companionship of others, and in primitive times they tended to form tribes, groups, or societies, either for self-preservation or by reason of social instinct. If a group or society is to continue, some form of social order is necessary. Rules or laws are, therefore, drawn up to ensure that members of the society may live and work together in an orderly and peaceable manner. The larger the community (or group or state), the more complex and numerous will be the rules.
If the rules or laws are broken, compulsion is used to enforce obedience. We may say, then, that two ideas underline the concept of law: (a) order, in the sense of method or system; and (b) compulsion - i.e. the enforcement of obedience to the rules or laws laid down. When referring to “the law” we usually imply the whole of the law, however it may have been formed. As we shall see later, much of English law was formed out of the customs of the people. But a great part of the law has been created by legislation, i.e. the passing of laws. Common law and statutory law together comprise what is referred to as the “Law of England”.
People resort to various kinds of rules to guide their lives. Thus moral rules and ethics remind us that it is immoral or wrong to covet, to tell lies, or to engage in drunkenness in private. Society may well disapprove of the transgression of these moral or ethical precepts. The law, however, is not concerned with such matters and leaves them to the individual’s conscience or moral choice and the pressure of public opinion: no legal action results (unless a person tells lies under oath in a court, when he or she may be prosecuted for perjury). Thus there is a degree of overlap between moral and legal rules.
Law serves a variety of functions. Laws against crimes, for example, help to maintain a peaceful, orderly, relatively stable society. Courts contribute to social stability by resolving disputes in a civilized fashion. Property 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 be otherwise possible. Law has also been 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 individual life in matters of health, education, and welfare.
We sometimes think of laws as being laid down by some authority such as a monarch, dictator, or group of people in whom special power is vested. In Britain we can point to legislation for examples of law laid down by a sovereign body, namely Parliament. The legal author John Austin (1790-1859) asserted that law was a command of a sovereign and that citizens were under a duty to obey that command. Other writers say that men and women in primitive societies formed rules themselves, i.e. that the rules or laws sprang from within the group itself. Only later were such rules laid down by a sovereign authority and imposed on the group or people subject to them.
Clearly, unless a law is enforced it loses its effectiveness as a law and those persons subject to it will regard it as dead. The chief characteristic of law is that it is enforced, such enforcement being today carried out by the State. Thus if A steals a wallet from В, it may be prosecuted before the court and may be punished. The court may then order the restitution of the wallet to its rightful owner, B. The “force” used is known as a sanction and it is this sanction which the State administers to secure obedience to its rules.
The law is a living thing and it changes through the course of history. Changes are brought about by various factors such as invasion, contact with other races, material prosperity, education, the advent of new machines or new ideas or new religions. Law responds to public opinion and changes accordingly. Formerly the judges themselves moulded and developed the law. Today an Act of Parliament may be passed to change it.
People desire justice in their personal, social and economic dealings. There is no universal agreement on the meaning of justice, and ideal or perfect justice is difficult to attain in this life. People strive for relative justice, not perfect justice; and good laws assist to that end. It is the business of citizens in a democracy to ensure that wise laws are passed and that they are fairly administered in the courts of law.
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COMMENTARY Термін «law» в англійській мові у значенні «право» як наука, спеціальність чи система та їх області чи галузі, відноситься до необчислювальних іменників [U] і використовується без артикля чи з означеним артиклем: the study of law, commercial law; the law of nations, а в значенні «закон», «правило поведінки» чи «процедура» термін «law» відноситься до обчислюваних іменників [С] і використовується в однині та в множині: а Bill becomes a law; the laws of a game и т.д. |
Task 1. Read the text carefully & decide if the following statements are true or false. Add some other information.
1. When we speak of the law of a state we may speak of the laws of physics, mathematics, science, or the laws of football.
2. As the law of the state law may be defined as a rule of human conduct, imposed upon and enforced among, the members of a given state.
3. Rules or laws are drawn up to ensure that members of the society may live and work together in an orderly and peaceable manner.
4. If the rules or laws are broken no compulsion is used to enforce obedience.
5. A great part of the law has been created by the customs of the people
6. Laws were being laid down by some authority such as a monarch, dictator, or group of people in whom special power is vested.
7. Unless a law is enforced it doesn’t lose its effectiveness
8. Formerly the judges themselves moulded and developed the law.
9. It is the business of authorities in a democracy to ensure that wise laws are passed.
Task 2. Give the Ukrainian equivalents for the following words & expressions:
conduct, obedience, transgression, ethical precepts, to be under a duty, to develop the law, facilitate business activities, to mould the law, the individual’s conscience, compulsion, statutory law, to attain justice, to draw up the law, economic dealings, to provide freedom, pressure of public opinion, a degree of overlap, social change, to secure obedience, to administer the law, to carry out enforcement of law, to impose rules, to lay down laws.
Task 3. Give the English equivalents for the following words & expressions:
правила людської поведінки, не схвалювати правопорушення, розглядати судові справи, утворений зі звичаїв, товариство інших, підтримувати порядок, частковий збіг між нормами моралі та юридичними законами, забезпечувати слухняність, етичні принципи, суспільний правопорядок, забезпечувати дотримання закону, забороняти соціальну дискримінацію, укладати закони, член суспільства.
Task 4.Find in the text words that go with the following noun:
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1___________ |
1__________ |
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2____________ |
2__________ |
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3____________ |
3__________ |
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4 ___________ law |
4__________ justice |
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5____________ |
5___________ |
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6____________ |
6___________ |
Task 5. Match the following words & expressions with their Ukrainian equivalents.
10. to decide lawsuits |
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Task 6. Choose the synonyms from the box.
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fulfill, power, disobedience, guarantee, form, cause, try, principle, restrict, reach, assist, subjugate, behaviour, establish, oblige, mean |
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mould – carry out – attain – subject – transgression – facilitate – limit – ensure – |
conduct – precept – lay down – enforce – imply – authority – strive – reason – |
Task 7. Write down the word families of the following words & translate them.
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to obey to guide to approve |
to agree to order |
Task 8. Translate into English.
а) підтримка порядку у суспільстві;
б) розв’язує суперечки цивілізованим шляхом;
в) сприяє економічній діяльності;
г) обмежує владу уряду, запроваджує свободу членів суспільства;
д) забороняє соціальну дискримінацію.
Task 9. Use the information given in the text to answer the questions. Discuss your answer with other members of the group.
1.Why did people tend to form tribes in primitive times?
2. What formed English Law?
3. Are legal rules and actions distinguished from other means of social control?
4. Do people suffer any penalty when they break moral rules and ethics?
5.Who formed rules and laid down laws in ancient times?
6. What factors brought changes into the law?
7. What are the main functions of the law?
8. Who develops the law in Great Britain nowadays?
9. Who is to ensure passing of wise laws in a democracy?
Task 10. Discuss your ideas in pairs & then exchange opinions with the whole group.
1. Can any society do without laws?
2. It is the business of citizens in a democracy to ensure that wise laws are passed.
In all societies, relations between people are regulated by prescriptive laws. Some of them are customs - that is, informal rules of social and moral behaviour.
If people break these rules they do not suffer any penalty, but they may be criticized by other members of the society. Moreover, the people who do not observe these unofficial rules of behaviour can remain in isolation as the people around them may refuse to deal with them.
Laws are rules that are supported by the power of government. The whole system of punishment exists for those who do not wish to obey these official rules.
The person who breaks the law is called an offender or a law-breaker.
There are offences against international law and order, offences against property, against public order, against the person, against the state, etc. Laws may be written and unwritten. These traditional terms are misleading, because the expression “written” law signifies any law that is formally enacted or passed by Parliament, and the expression “unwritten” law signifies all unenacted laws, that is the laws not passed by Parliament.
On the Continent the volume of written law is more than the volume of unwritten. It can be explained by the fact that under the influence of the Napoleon Code many continental countries have codified their law.
In England in accordance with the tradition many laws have never been enacted, they have derived from judicial precedent. That is why in Great Britain unwritten law is predominant.
This does not mean that none of English law is codified. It only signifies that though Parliament “produces” a lot of acts, there is no whole system of codification, which prevails in many continental countries.
Task 12. Find in the text the words of the same root.
to describe, prescription, behaviour, to relate, observation, official, to isolate, refusal, to punish, existence, abeyance, to offend.
Task 13. Answer the questions.
Task 14. Complete the sentences.
Task 15. Make up sentences using the key words & expressions.