23

Unit 1. What is law and the need for law. History of law

Reading 1: The Need for Law. Functions of Law. Kinds of Law

Lead-in

A): Read the words. Mind the stress.

΄purpose de΄vote regu΄lation

΄conduct i΄mmoral discrimi΄nation

΄murder so΄ciety super΄vision

΄recognize con΄tribute situ΄ation

΄influence fa΄cilitate main΄tain

΄prison re΄gardless juris΄prudence

B) Complete the word building table.

Noun Adjective	Verb Noun
murder	to devote
society	to define
negligence	to exist
justice	to regulate
tradition	to inhibit
variety	to condemn
culture	to recognize
peace	to confuse
difference	to injure
law	to suffer
influence	to punish

C) Add negative prefixes:

moral	advantage
legal	perfect
order	written

What is law

The question 'What is law?' has troubled people for many years. Scientists devote an entire field of study known as jurisprudence to answering this question. Many definitions of law exist, but for our purposes, we can define law as the set of rules and regulations by which a government regulates, the conduct of people within a society. Law is a body of official rules and regulations, generally found in constitutions, legislation, judicial opinions, and the like, that is used to govern a society and to control the behavior of the members. The nature and functions of law have varied throughout history. In modern 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 enforces the law by means of appropriate penalties or remedies. Even with this explanation, many questions arise. Where do laws come from? Do we need laws? Are all laws written? Can laws change? If so, how? What is the difference between laws and morals?

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 respond to public opinion or other pressures, and a formal law may prohibit what is morally unacceptable.

To understand the law, we must consider the relationship of law to morals. Traditional ideas of right and wrong influence our legal system. Thus, most people condemn murder, regardless of what the law says. However, everything that they consider immoral is not necessarily illegal. For example, lying to a friend may be immoral but not really illegal.

One thing is certain: every society has recognized the need for law. These laws may have been written, but even primitive people had rules to regulate the conduct of the group. For a very long time now, members of every community have made laws for themselves in self-protection. Without laws, there would be confusion, fear, and disorder. This does not mean that all laws are fair or even good, but imagine how people might take advantage of one another without some set of rules. We are far better off with the imperfect laws which we have, than if we had none at all.

Most people think of the law as prohibitive or punitive - the police officer arresting a suspect or a judge imposing sentence on a defendant. That can be true of criminal law, at least up to a point, but it overlooks the role of law in regulating disputes and providing for a rational and civilized way of ordering society.

Law serves a variety of functions. It helps

1. to maintain a peaceful, orderly, relatively stable society,

2. to contribute to social stability by resolving disputes in civilized fashion,

3. to facilitate business activities and private planning;

4. to provide some degree of freedom that would not otherwise be possible,

5. to inhibit social discrimination and

6. to improve the quality of individual life in matters of health, education and welfare.

In many ways, law is the cornerstone of our culture. The rule of law provides society with the rules by which all of us live. Conversely, citizens have the right to rely on the law and be confident of the protection provided by the courts.

Laws fall into two major groups: criminal and civil. Criminal laws regulate public conduct and set our duties owed to society. A criminal case is a legal action by the government against a person charged with committing a crime. Criminal laws have penalties requiring that offenders should be imprisoned, fined, placed under supervision, or punished in some other way.

Civil laws regulate relations between individuals or group of individuals. A person can bring a civil action (lawsuit) when this person feels wronged or injured by another person. Civil laws regulate many everyday situations such as marriage, divorce, contracts, real estate, insurance, consumer protection and negligence.

1. Give each paragraph a heading of your own. Compare your headings with other members of the group. Are all the headings possible?

2. Give the Ukrainian equivalents to the following words and expressions.

For our purposes; relationship of law and moral; confusion, fear, disorder; to take advantage of one another; to regulate public conduct; to maintain a peaceful, orderly, relatively stable society; to resolve disputes; to facilitate business activities; to provide society with the rules; to imprison offenders; to punish in some other way; to bring a case against somebody; be imprisoned, fined, placed under supervision; to commit a crime; to feel wronged or injured; consumer protection; real estate; negligence; to inhibit social discrimination; within the framework of an ordered society; to enjoy rights; to live their lives accordingly.

3. Find the English equivalents to the following words and expressions in the text.

Ціла галузь знань; набір правил та розпоряджень; присвятити відповіді на це питання; поведінка людей; у межах суспільства (2); створювати закони; піддавати осуду вбивство; не обов'язково незаконний; незалежно від того, що каже закон; брехати другові; підтримувати відносно стабільне суспільство; робити внесок у соціальну стабільність; вирішувати суперечки у цивілізований спосіб; користуватися правами; сприяти господарській діяльності; забезпечити певну ступінь свободи; стримувати соціальну дискримінацію; покращувати якість приватного життя; верховенство закону; скоїти злочин; обвинувачувати в скоєнні злочину; порушувати цивільну справу проти особи; нерухомість; халатність; захист прав споживача; у справах здоров’я, освіти та добробуту ; наріжний камінь нашої культури.

4. Find in the text a word or a phrase that means:

1) procedures taken in court synonymous to lawsuit; 2) rule made by authority for the proper regulation of a society or correct conduct in life; 3) make less difficult or more easily to achieve;

4) legal ending of a marriage by law; 5) safeguard against loss, provision against sickness, death, etc. in return for regular payment; 6) to put or keep in prison; 7) sum of money paid as a penalty for breaking a law or rule; 8) happiness and prosperity; 9) to prevent an action or progress; 10) carelessness; failure to take proper care or precautions

5. A: Fill in the appropriate word from the list below.