Иностранный язык в сфере юриспруденции
Название работы: Иностранный язык в сфере юриспруденции
Вид работы: Контрольная работа
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Текст № 1
The characteristics of English Law
The United Kingdom does not have a single legal system. The law in Scotland was influenced by Roman Law and is different from the law of England, Wales and Northern Ireland.
The English legal system is centralized through a court structure which is common to the whole country.
It is hierarchical, with the higher courts and judges having more authority than the lower ones.
Some important characteristics of English law are:
1. English law is based on the Common law tradition. By this we mean a system of «judge made» law which has continuously developed over the years through the decisions of judges in the cases brought before them. These judicial precedents are an important source of law in (lie English legal system. Common law systems are different from the civil law systems of Western Europe and Latin America. In these countries the law has been codified or systematically collected to form a consistent body of legal rules.
2. English judges have an important role in developing case law and stating the meaning of acts of Parliament.
3. The judges are independent of the government and the people appearing before them. This allows them to make impartial decisions.
4. Court procedure is accusatorial. This means that judges do not investigate the cases before them but reach a decision based only on the evidence presented to them by the parties to the dispute. This is called the adversarial system of justice. It can be compared to the inquisitorial procedure of some other European systems where it is the function of the judges to investigate the case and to collect evidence.
Текст № 2
History of Law
One of the earliest systems of law of which we have knowledge is the collections 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 laws relating to family life. In the 17th century B. C. the Greeks began to put their laws into writing. About 594 B. C. Solomon, the famous Athenian law-giver, provided a new code of law. The Athenias 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 2500.
The member of the jury listened to speeches made by the person 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 11th 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 Napoleonic Code was a splendid achievement, and has been copied in many countries in Europe and South America.
Текст № 3
Roman Law, Canon Law & English Law
Between 1050 and 1150 there emerged in Western Europe, for the first lime, a class of professional lawyers, law schools, law treatises, hierarchies of courts, and a rational science of law. European jurists, working on the primitive tribal customs of the various peoples, on the liturgy and sucraments of the Church, and on Justinian's Digest, which was rediscovered in about 1100 after some live centuries of oblivion, read into these materials certain principles which were new lo the history of law.
It should be stressed that Roman Law in the 11th and 12th century was largely «dead» law, existing only in books; with a few exceptions people were not governed by Roman Law and courts were not bound by it. Indeed, the rules of Justinian's Digest bore little relationship to the actual situation in which Europe found itself. But the jurists of the universities literally revived Roman Law, breathed new life into it, so that gradually it came to have an impact upon the law both of the Church and of the secular states.
The older Roman Law was more empirical in character stating the particular legal consequences which flowed from particular acts; the medieval law, whether Roman or Canon or national, related the rules to a system of concepts.
The law of the Church – Canon Law – was, of course, a living law applied in the ecclesiastical courts. The living secular law was the folklaw and official law of the local, tribal, imperial polity. But the emerging monarchies of the later Middle Ages were strongly influenced by Roman and Canon Law, in developing their national legal systems.
In England the impact of both Roman and Canon Law was felt quite strongly in the creation of the English legal system under Henry II and in its subsequent development in the 13th century, although by the 14th and 15th centuries English law has developed its own unique character and its own independent principles of growth.
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