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Федеральное агентство по образованию

Государственное образовательное учреждение высшего

профессионального образования

"МОСКОВСКИЙ ГОСУДАРСТВЕННЫЙ ЛИНГВИСТИЧЕСКИЙ

УНИВЕРСИТЕТ"

Л.Л. Кирей

АНГЛИЙСКИЙ ЯЗЫК ДЛЯ ЮРИСТОВ

ОСНОВЫ ПРАВОВОЙ СИСТЕМЫ АНГЛИИ

Часть 1

Автор:_________ Кирей Л.Л

Москва 2009

Unit 1 laws in old england

here are a great many laws in old England. Currently there are 358 volumes of statutes at large and general public acts, occupying 22 shelves in the British Library, while there are another 682 volumes of local, personal and private acts, occu­pying another 50 shelves, plus a further 32 shelves of statutory instruments.

The situation was summed up in the last century by Sir Cecil Carr: 'As a collection our statute book might be summed up as beyond the average citizen's pocket to purchase, beyond his bookshelves to accommodate, beyond his leisure to study and beyond his intellect to comprehend.' And he ought to have known – Carr was the Chairman of the Statute Law Committee which began trying to tidy up the laws of old England at the end of the Second World War. Even now the job is far from over.

1 .1 Magna Carta

Magna Carta is such a fellow,

that he will have no sovereign.

Sir Edward Coke 1552-1634

But surely the basis of English law is Magna

Carta, the foun­dation of liberty in Britain,

Ireland, America and the Com­monwealth. A

basic document that states the liberties

guaranteed to the English people, Magna Carta

proclaims rights that have become a part of English law and are now the foundation of the constitution of every English-speaking nation. Magna Carta, which means ‘great charter’ in latin, was drawn up by English barons and churchmen, who forced the tyrannical King John to set his seal to it on June 15, 1215. By doing this he agreed that limits could be set on royal powers. Later, especially in the seventeenth century, the document was seen as a statement of basic civil rights. Four copies of the original document still exist.

In a war with the French King Philip II, King John lost Normandy and almost all his other possessions in France. Ever since the loss of Normandy he had been building up a coalition of rulers in Germany to assist him against the French king. His plans for a campaign in Poitou proved very unpopular in England, especially with the barons. King John’s efforts had been very expensive. He taxed his barons and the English church heavily. In addition John levied massive reliefs (inheritance duties) on some barons: Nicholas de Stuteville, for example, was charged 10,000 marks (about 6,666 pounds) to inherit his brother’s lands. The king’s cruelty and greed united the powerful feudal nobles and the churchmen against him. Besides, the fact alone that King John, unlike his predecessors on the throne, spent most of his time in England made his rule more cruel. While the king was waging a disastrous war in France, the leading barons of England met secretly and swore to compel him to respect the rights of his subjects. In 1214 King John’s allies were defeated at Bouvines, and the king’s own campaign in Poitou broke up. John had to withdraw and return home to face his annoyed barons.

Resistance sprang from the northern barons who had opposed King John’s war in France, and by the spring of 1215 many others had joined them in protest against John’s abuse or disregard of law. Under threat of civil war King John was compelled to negotiate and on June 15 he accepted the baronial terms embodied in a document known as the Articles of the Barons, on the basis of which Magna Carta was drawn up. During the next several days the document went through further changes and improvements, and the final version of Magna Carta was accepted by the king and the barons on June 19.

English Great Charter, the charter of English liberties, granted by King John in 1215 under threat of civil war, was reissued with alteration in 1216, 1217, and 1225. In many of their demands the barons and bishops who forced Magna Carta on the king quite naturally acted in their own best interests. Careful provision was made for limiting royal taxes and assessments. The level of reliefs, for example, was set at 100 pounds for a barony. But it also aimed to provide protection for all freemen. It ensured law and provided certain guarantees for reforming judicial procedures. The celebrated clause 39, which promised judgment by a fair trial, became a symbol of protection against unjust punishment and of threatened liberties and rights.

‘No Freeman shall be taken or imprisoned, or be deprived of his Freehold, or liberties, or free Customs, or be outlawed, or exiled, or any otherwise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right.’

The document also includes provisions that protect the rights of the church and merchants. ‘We have granted to God, and by this our present Charter have confirmed, for Us and our Heirs for ever, that the Church of England shall be free, and shall have all her whole Rights and Liberties inviolable.’

‘All merchants shall be able to go out of and come into England safely and securely and stay and travel throughout England… for buying and selling …free from all evil tolls, except in time of war and if they are of the land at war with us.’

Magna Carta is regarded as one of the most notable documents in history. The rights it listed were, in the main, feudal rights of justice and property that had been recognized by previous kings; but now for the first time these rights were insisted upon against the king’s will. Thus an important principle was established – that the king himself must govern according to law. In later years, whenever a king overextended his powers, the people could remind him of Magna Carta, ‘the cornerstone of English liberties’.

WORDS AND PHRASES YOU NEED TO KNOW

1. law n (1.a rule that is supported by the power of government and that controls the behaviour of members of a society. 2. the whole set of such rules dealing with a specific area of a legal system)

the law of the land n (the law in effect in a country and applicable to its members)

public law/private law

2. statute n (a law passed by a lawmaking body, e.g. Parliament, and formally written down)

statute law (also statutory law) n (the body of written laws established by a parliament or similar body)

statute book n (a bound collection of statutes in existence, usu. as part of a larger set of books containing a complete body of statutory law)

statutory adj (fixed or controlled by law) statutory instruments

3. act n (a law that has been officially accepted by Parliament or Congress. an act of Congress)

public act n (an act which concerns the general public)

private act (an act that has an effect on a particular person or class, rather than the general public)

4. liberty n (1. a particular legal right 2 the freedom and the right to do whatever you want)

5. charter n (a signed statement from a ruler giving rights, freedoms etc to the people)

6. draw up v (create and sign (a draft, contract, a list of candidates etc)

7. power n (the legal right or authorization to act or not to act)

8. tax n (an amount of money which must be paid to the government according to income, property, goods bought etc…) tax v

9. levy v (on, upon) (to demand and collect officially) levy a tax on

10. relief n (1. a payment made by an heir of a feudal tenant to the feudal lord for the privilege of succeeding to the ancestor’s tenancy. 2. financial aid) levy reliefs

11. wage v (to begin and continue) (a) war

12. abuse of laws n (improper use of laws)

13. disregard v ( to treat as unimportant) disregard n (neglect)

14. negotiate v (to communicate with another party for the purpose of reaching and understanding)

15. provision n (a stipulation made beforehand)

treaty provisions

16. assessment n (determination of the rate or amount of something, such as a tax or damages)

17. clause n (a distinct section or provision of a legal document)

18. judgment n (a court’s final determination of the rights and obligations of the parties in a case)

19. trial n (hearing and judging a person, case, or point of law in a court.)

20. outlaw v (to deprive someone of the benefit and protection of the law)

21. justice n (the fair and proper administration of law)

do justice

Reading notes:

The Commonwealth an organization of about 50 countries that were once part of the British EMPIRE and which are now connected politically and economically.

John of England (1167-1216). Vicious, shameless , and ungrateful, King John has been called the worst king ever to rule England. John's nickname was Lackland because at first he owned no land. Later his father. King Henry II, gave him castles, lands, and revenues in both England and France. John plotted against his father, however, and the discovery of this conspiracy was a factor in the king's death. John's brother, Richard the Lion-Hearted, became king and added to John's possessions. While Richard was absent from England on the Third Crusade, John conspired against him also. When Richard died in 1199, the barons selected John to be their king.

Normandy a part of NW France, on the English Channel. During the war in Normandy John lost almost all his French possessions. When John went to France seeking to regain his lands in Normandy, the barons marched against the king and demanded a charter of liberties.

Constitution the main law of the country

NW North-west

peer member of the British nobility who has the right to sit in the House of Lords.

Exercise 1. Read the following sentences, notice carefully the active words in bold, and translate the sentences into Russian.

Law

1.Once they are approved by Parliament, the new traffic regulations become law.

2. Law applies throughout a country to the people generally.

3. Resistance sprang chiefly from the northern barons who had opposed service in Poitou, and by the spring of 1215 many others had joined them in protest against John’s abuse or disregard of law and custom.

Statute

1. British courts unlike those of the US, cannot question a statute’s effect. Protection for the consumer is laid down by statute.

2. The government would like to see this new law on the statute book (=in operation) as soon as possible.

3. 'As a collection our statute book might be summed up as beyond the average citizen's pocket to purchase, beyond his bookshelves to accommodate, beyond his leisure to study and beyond his intellect to comprehend.'

Act

1. The Disability Rights Commission was established in April 2000 by another Act of Parliament.

2. It took some time after Alice's release for the Habeas Corpus Act to reach the statute books as the Civil War was taking place at the time.

3. Currently there are 358 volumes of statutes at large and general public acts.

Liberty

1. Liberties such as freedom of speech that we take for granted.

2. Abraham Lincoln, one of the best-loved and most respected of America’s presidents, called the United States “a nation conceived in liberty and dedicated to the proposition that all men are created equal.”

3. Magna Carta is the foundation of liberty in Britain, Ireland, America and the Com­monwealth. It is a basic document that states the liberties guaranteed to the English people.

Charter

1. The rights of our citizens are governed by charter.

2. This new law amounts to a tax evador’s charter (=allows people to escape paying taxes)

3. English Great Charter the charter of English liberties granted by King John in 1215 under threat of civil war and reissued with alteration in 1216, 1217, and 1225 was a remarkable document in many ways.

Draw up

1. The contract has just been drawn up.

2. Draw up a list of all the things you want to do.

3. Magna Carta, which means ‘great charter’ in Latin, was drawn up by English barons and churchmen, who forced the tyrannical King John to set his seal to it on June 15, 1215.

Power

1. The power of the House of Lords is limited by the Parliament Acts 1911 and 1949.

2. When a person or persons having power in the community enforces the rule, then that rule will acquire the status of a ‘law’ in the generally accepted meaning of the word

3. By doing this he agreed that limits could be set on royal powers.

Tax

1. The British government required the early British colonists to pay taxes to help pay for colonial expenses, but gave them no voice in passing the tax law.

2. The government plans to increase taxes by five per cent over the next year.

3. King John taxed barons and the English church heavily. In addition John levied massive reliefs (inheritance duties) on some barons.

Disregard

1. The government has shown a total disregard for the needs of the poor.

2. He ordered the jury to disregard the witness’s last statement,

3. Resistance sprang from the northern barons who had opposed service in Poitou, and by the spring of 1215 many others had joined them in protest against John’s abuse or disregard of law and custom.

Negotiate

1. They negotiated with their counterparts for weeks on end.

2. The government says it will not negotiate with the terrorists.

3. Under threat of civil war King John was compelled to negotiate and on June 15 he accepted the baronial terms embodied in a document known as the Articles of the Barons, on the basis of which Magna Carta was drawn up.

Assessment

1. She made a careful assessment of the damages.

2. It is necessary to see that these assessments are not excessive.

3. The celebrated clause 39, which promised judgment by peers or by the law of the land to all freemen, became a symbol of protection of threatened liberties and rights, and assessments.

Clause

1. Their contracts contain a no-strike clause.

2. A confidentiality clause was added to the contract.

3. The fourth group of clauses of Magna Carta referred to town, trade, and merchants.

Judgment

1. The company was fined 6 million dollars, following a recent court’s judgment.

2. He passed judgment on the guilty man.

3. The judgment was against the defendant.

Trial

1. The murder trial lasted 6 weeks.

2. He is in detention awaiting trial

3. The celebrated clause 39 promised judgment by a fair trial.

Outlaw

1. Concepts of morality differ from culture to culture, although most will outlaw extreme behaviour such as murder.

2. Drinking and driving has been outlawed.

3. ‘No Freeman shall be taken or imprisoned, or be deprived of his Freehold, or liberties, or free Customs, or be outlawed, or exiled, or any otherwise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the Land.

Justice

1. It is often said that the law provides justice, yet this is not always so. Justice is probably the ultimate goal towards which the law should strive, but it is unlikely that law will ever produce ‘justice’ in every case.

2. The guiding principle of a judge is to do justice

3. Magna Carta is regarded as one of the most notable documents in history.

The rights it listed were, in the main, feudal rights of justice and property that had been recognized by previous kings; but now for the first time these rights were insisted upon against the king’s will.

Exercise 2. Fill the spaces in the following sentences with a suitable expression from Exercise 1.

a. All the rules requiring or prohibiting certain actions are known as ….

b. Under ….. 5 of the agreement…

c. Has your lawyer ….. …. the contract yet?

d. Parliament makes …..

e. We are …… with the council to have this road closed to traffic.

f. This guarantee does not affect your …… ……...

g. Ministers and Government departments are given authority to make regulations for areas under their particular responsibility. The use of ….. ….. is a major method of law-making.

h. A new tax has just been ….. ……all electrical goods.

i. In fact, … may not be a law at all because it was not actually approved by both Houses of Parliament.

j. His people came to him, demanding…… .

k. Smoking is ….. in public.

l. I wouldn’t dispute the …. of his remarks.

m. She completely … all our objections.

n. The bill …. several types of guns.

o. Economic sanctions have been … on the nation.

p. When a person or persons having … in the community enforces the rule, then that rule will acquire the status of a ‘law’ in the generally accepted meaning of the word.

Exercise 3. Find in the text English equivalents for the following Russian words and expressions.

закон, установленный законом, свод законов, публичный акт, свобода, устав, взимать налоги, налоги на наследство, неправильное использование законов, сумма облажения налогов, заключение суда, объявлять вне закона, закон, действующий в отношении конкретных лиц, статья, нерушимый, высшее феодальное дворянство, судебный процесс, Великая хартия вольностей (1215 г.), пренебрегать,

Exercise 4. Translate these sentences into English.

a. Великая хартия вольностей, подписанная в 1215 г. королем Джоном, гарантировала основные свободы английскому народу.

b. Великая хартия вольностей рассматривается как первый шаг в установлении демократического правления в Англии.

c. Документ гарантировал политические права аристократии и ограничивал власть короля по пересмотру законов.

d. Этот акт не предоставлял политических прав простым людям, но подтвердил неотъемлемое право каждого иметь собственность и право на справедливый и непредвзятый суд.

e. Великая хартия вольностей гарантировала, чтобы размер налогообложения не был завышен.

f. Эти ограничения были установлены законом.

SPECIAL PROBLEMS YOU NEED TO KNOW

1. at the end and in the end

‘…which began trying to tidy up the laws of old England at the end of the Second World War. Even now the job is far from over.’

at the end = at the point where something stops

in the end = finally, after a long while

Exercise 1. Insert ‘at the end’ or ‘in the end’ in the following sentences:

a. …, I got a visa for France.

b. I think the play’s a bit boring …. .

c. The matter was discussed at the meeting of the finance committee …. of April.

d. He tried several times to pass the exam, and …. he succeeded.

e. …. of the day, it’s the government’s responsibility to stop this sort of thing.

f. … of the case, if the defendant is found guilty, the court will punish the defendant for the offence, because he or she has broken the criminal law set down by the State.

2. a law and law

a liberty and liberty

‘Here are a great many laws in England.’

‘…. the basis of English law is Magna Carta, the foundation of liberty….A basic document that states the liberties….’

‘While the king was waging a disastrous war in France, the leading barons of England…..’

‘…All merchants shall be able to go out of and come into England safely … except in time of war and if they are of the land at war with us.’

Remember that some nouns may be used as countable or as uncountable nouns depending on their meanings. Materials and abstract concepts are uncountable nouns, but they may be used as countable nouns to express specific meanings.

Countable noun	Specific meaning	Uncountable noun	General meaning
a law	a statute	law	abstract concept
an agreement	a document	agreement	abstract concept
a crime	an offence	crime	abstract concept illegal activity in general
a history	an account	history	abstract concept all history
a war	a specific war	war	the general act of war
a cloth	A piece of cloth	cloth	construction material
a liberty	a particular legal act	liberty	freedom
a relief	a payment	relief	abstract concept financial aid
a glass	a container	glass	construction material
a freedom (of + the)	a certain right	freedom	the state of being free
an honour	an occasion	honour	abstract concept all honour
a business	a company	business	abstract concept all business transactions
a stone	a small rock	stone	construction material
a time	a historical period	time	abstract concept all time
a democracy	a democratic country	democracy	abstract concept social equality
a silence	A specific occasion	silence	abstract concept all silence
a decision	an occasion	decision	abstract concept all decision
a space	a blank	space	the universe
an education	a specific person’s	education	abstract concept all education
a pleasure	a specific occasion	pleasure	abstract concept
a drink	A glass of alcohol for drinking	drink	an amount of a liquid suitable for drinking
a pain	a specific occasion	pain	abstract concept all pain
a language	a specific variety	language	abstract concept all languages
a fire	an event	fire	material
a life	a specific person’s life	life	abstract concept all life
a work	an artistic creation	work	employment
a light	a lamp	light	the absence of darkness
a noise	a specific sound	noise	abstract concept all sounds
a paper	a document	paper	construction material
a thought	an idea	thought	abstract concept all thoughts
a success	an achievement	success	abstract concept all success

Exercise 2. A. Some of the sentences in this exercise are correct. Some are incorrect. First find the correct sentences and mark them with a check. Then find the incorrect sentences, and correct them.

1. All the rules requiring or prohibiting certain actions are known as law.

2. When first studying a law it is necessary to realize that there are different types of a law.

3. Civil law deals with disputes between individuals or business and criminal law involves the state taking a case against a person because he or she has committed crime.

4. My neighbour is always complaining about a noise.

5. He’s enjoying his newfound freedom.

6. People will resent these restrictions on their liberty.

7. Two of the four freedom spoken of by President Roosvelt in 1941 are freedom of speech and freedom of religion.

8. The president spoke about the freedom embodied in the UN charter.

9. This came about because a lady liked a drink or two.

10. The United States is a democracy.

11. Athens and other city-states of ancient Greece had forms of democracy.

Exercise 2. B. Translate the following sentences into English.

1. Мне очень легко иметь с ними дело.

2. Маленький магазин Мэтью перерос в успешную компанию.

3. Между образованием и промышленностью должны быть более тесные связи.

4. Рок-концерт был интересным познавательным опытом для моих родителей.

5. Лингвистика – это наука о языке.

6. Английский и французский являются государственными языками Канады.

7. Тщательная подготовка увеличит твои шансы на успех.

8. За последние два года у нашего отдела было несколько впечатляющих достижений.

9. Они добились многого за короткий период времени.

10. Комната была обставлена и декорирована так, чтобы было ощущение пространства.

11. Большинство стран доверяют полиции обеспечение исполнения закона.

12. Право – это совокупность правил или норм поведения.

13. Одна из основных задач философии прав – определить соотношение права и морали.

14. Федеральные законы – это те законы, которые обязаны соблюдать все жители данной страны.

15. Конгресс может принять законы по любому вопросу.

16. Обе страны хотели избежать ядерной войны.

3. another

‘ ….while there are another 682 volumes of ….’

Normally another is used with singular countable nouns. But it can also be used

before a plural noun in expressions with few or a number.

Exercise 3. Now study these sentences with ‘another’ and make up 6 sentences on the analogy.

1. I’m staying at the hotel for another three weeks.

2. Is this another of your schemes to make money?

3. We seem to struggle from one crisis to another.

4. In another two weeks we’ll be on holiday.

5. I’m in a hurry now. I’ll do it another time.

6. If you want a double room that will cost another 15 pounds.

7. I’m staying for another few weeks.

4. further and farther

‘… plus a further 32 shelves of statutory instruments.’

To talk about distance both further and farther are used. There is no difference of meaning. A table stood at the farther(further) end of the kitchen.

But further (not farther) is used with the meaning ‘more’, ‘extra’, ‘additional’ etc.:

further details/information etc./ a further 10 miles/5 minutes

Exercise 4. Complete the following sentences using either further or farther.

a. For …..information write to the above address.

b. The boats were drifting …… and ……away.

c. We have decided to take no ….. actions.

d. Visit our website for ….. details.

e. They pushed the boat …. into the water.

f. Cook gently for a ….. ten minutes.

g. On June 19, after … revisions of the document, the king and the barons accepted the baronial terms.

h. During the next several days the document went through … changes and improvements, and the final version of Magna Carta was accepted by the king and the barons on June 19.