Vocabulary

biased adj предвзятый; пристрастный; предубеждённый

canon law n каноническое право

citizenry n гражданство; граждане

consenting adj согласный

corrupt adj коррумпированный; продажный

egalitarian adj эгалитарный; уравнительный

impact n влияние, воздействие

inconsistent adj 1 непоследовательный; 2 противоречивый

judgement n 1 судебное решение; 2 мнение; суждение

judiciary n судебная власть

landmark adj знаковый (документ в истории); поворотный (в истории)

latitude n свобода действий

lawgiver n законодатель; законодательная власть

lawmaker n законодатель

legislature n законодательная власть; легислатура

lex talionis лат.“the law of retaliation” (an eye for an eye) “закон равного возмездия”, т.е. закон, основанный на принципе: око за око, зуб за зуб

speculate v размышлять; делать предположения

Reading tasks

A Answer these questions

1. How do Continental systems usually differ from common law systems?

2. Give an example of a country with a legal system based on the written codes.

3. What was the significance of the Roman Code of Justinian?

4. How did the Code of Napoleon influence modern law?

5. What is the predominant feature of Civil Law?

6. What is the role of judicial precedents in Civil Law?

7. How can you define the term “lawgiver”?

8. Name four landmark “codes”.

B Study the following definitions of legal terms. Translate them into

Russian.

Continental law. A system in which legal decisions are usually made by applying detailed written laws to the case in question. Various forms of continental law are found in continental Europe and in parts of Asia, Africa and Latin America. It is known as Roman law (or Civil Law) because it was influenced by the laws developed in ancient Rome. It is also known as codified law because the system often requires laws to be written in the form of precise, detailed codes.

Civil Law. 1 Codified law based on the Roman Code of Justinian; the basis of the legal system of most European countries and of nations that were once their colonies; 2 spelled in small letters – “civil law” – noncriminal law; law which regulates the relationships between individuals or bodies.

Vocabulary tasks

A Match these legal terms with their definitions.

1	legislative enactment	a	in Civil Law: a collection of laws into a single, organic whole
2	jury trial	b	one who makes laws within a given jurisdiction
3	code	c	extraordinary significant
4	lawmaker	d	when people have the same legal rights
5	landmark	e	written in the form of statutes
6	judicial decision	f	the process of making into law
7	codified	g	a trial in which the fact issues are determined by a jury, not by the judge
8	civil equality	h	one who promulgates an entire code of laws
9	lawgiver	i	judgement of court

B Complete the following text with the words and phrases from the box.

changed binding common law Civil Law system main principles judicial interpretations written codes decisions of courts precedent private law interpret

In Civil Law system the main branches of the law are embodied in 1) ______. There are codes of criminal law, of 2) ______, of commercial law, etc. The codes are meant to contain the 3) ______ of each branch of the law. They are not easily 4) ______. Scholarly writings, often by university professors, are of great importance in 5) ______. Scholars explain and 6) ______ the codes, statutes and 7) ______ .

In common law system the decisions of judges of the higher courts are 8) ______, and much of the law is left to the courts to develop.

In Civil Law 9) ______ are based primarily on a system of written law, rather than on the rule of 10) ______ emphasized in 11) ______.

Over to you

Compare Civil Law and common law:

1. What is characteristic?

a) of Civil Law system

b) of common law system

2. What are the sources?

a) of Civil Law

b) of common law

3. Where is

a) Civil Law spread?

b) common law spread?