Text 7. How did the British law develop?

In early medieval England, there was no written law. Each feudal lord or baron administered justice personally. Although these baronial courts had similarities, the laws were different in different places. Disputes were settled on the basis of local customs and the baron’s judgment.

In time, the king was able to establish a system of courts throughout England. The rules of law, which were stated in these early cases, became precedents (examples) for settling future, similar cases. In the beginning, few decisions were recorded, and so the early common law was sometimes known as “unwritten law”. Finally, the principles and rules announced by the courts were preserved in writing. Thus, particular rules became fixed, and people knew what to expect if similar problems arose in the future. This resulted in what has come to be known as the Common Law – judge-made case law that has its origin in the traditions, customs, and trade practices of the people.

The English common law began to develop after the conquest of England by William the Conqueror in 1066. To keep order and peace, the Kings of England tried to create a uniform or “common” law to govern the different regions of the British Isles.

THE MAGNA CARTA

In 1215, the English barons forced the English King John I to sign and adopt the Magna Carta, which provided for them certain guarantees and protection against unreasonable acts of the king.

The Magna Carta established the principle of limited government, in which the power of the monarch was limited, not absolute. This document provided for protection against unjust punishment and the loss of life, liberty, and property except according to law. It stipulated that no citizen could be punished or kept in prison without a fair trial. Under the Magna Carta, the king agreed that certain taxes could not be levied without popular consent.

Although the Magna Carta was originally intended to protect aristocracy and not the ordinary citizens, it came in time to be regarded as a cornerstone of British liberties. It is one of the oldest written constitutional papers.

THE PETITION OF RIGHT

Parliament began to show more resistance to the monarchy under the Stuart succession from 1603 by using its gradually acquired weapon of financial control. It was influenced by the gentry and began to refuse Royal requests for money. It eventually forced Charles I to sign the Petition of Rights in 1628, which further restricted the monarch’s powers and was intended to prevent him from raising taxes without Parliament’s consent.

HABEAS CORPUS

In Britain, the United States, and many other English-speaking countries, the law of Habeas Corpus guarantees that nobody can be held in prison without trial.

Habeas Corpus became a law because of a wild party held in 1621 at the London home of a notoriously rowdy lady, Alice Robinson. When a constable appeared and asked her and her guests to quiet down, Mrs. Robinson allegedly swore at him so violently that he arrested her, and a local justice of the peace committed her to jail. When she was finally brought to trial, Mrs. Robinson’s story of her barbaric treatment in prison caused an outcry. Public anger was so great that she was acquitted, the constable who had arrested her without a warrant was himself sent to prison, and the justice of the peace was severely reprimanded. And the case, along with other similar cases, led to the passing of the Habeas Corpus Act in Britain in 1679.

The law is still on the British statute books, and a version of it is used in the United States, where the law was regarded as such an important guarantee of liberty that Article 1 of the Constitution declares that “Habeas Corpus shall not be suspended except in cases of rebellion or invasion”.

Habeas Corpus is part of a Latin phrase – Habeas corpus ad subjiciendum – that means “Let the body be brought before the judge.” In effect, a writ of Habeas Corpus is an order in the name of the people (or, in Britain, of the sovereign) to produce an imprisoned person in court at once.

THE BILL OF RIGHTS.

The Bill of Rights (1689) is one of the basic instruments of the British constitution, the result of the long 17^th-century struggle between the Stuart kings and the English people and Parliament. The Bill of Rights provided the foundation on which the government rested after the Revolution of 1688. The Revolution settlement made monarchy clearly conditional on the will of Parliament and provided a freedom from arbitrary government.

The main purpose of the act was to declare illegal various practices of James II. Among such practices proscribed were the royal prerogative of dispensing with the law in certain cases, the complete suspension of laws without the consent of Parliament, and the levying of taxes and the maintenance of a standing army in peacetime without specific parliamentary authorization. A number of clauses of the Bill of Rights sought to eliminate royal interference in parliamentary matters, stressing that elections must be free and that members of Parliament must have complete freedom of speech. Certain forms of interference in the course of justice were also proscribed. The act also dealt with the proximate succession to the throne, provided the heirs were Protestants. It is the constitutional paper of great importance, which prevented the sovereign from abusing his authority.

Задание 61. Прочитайте текст.

Задание 62. Найдите в тексте английские эквиваленты следующим словосочетаниям на русском языке.

1. Мировой судья;

2. Ордер на арест;

3. Варварское отношение;

4. Свобода слова;

5. Недовольство общественности;

6. Заключить в тюрьму;

7. Вызвать гневный протест;

8. Привести к принятию закона;

9. Получить строгий выговор;

10. Предстать перед судом;

11. Быть оправданным;

12. Быть приостановленным.

 

Задание 63. Письменно переведите текст.

 

Задание 64. Найдите соответствие между термином и определением. Обратите внимание: одно определение лишнее.

 

Термин	Определение
1)	common law	a)	body of regulations imposed by emperors of ancient Rome;
2)	Magna Carta	b)	case law, reflecting customs of the people;
3)	Roman civil law	c)	great charter of liberties for English people;
4)	Habeas Corpus	d)	form of justice administered when there is no suitable remedy available in common law courts;
		e)	a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention

Задание 65. Переведите предложения с русского языка на английский.

1. Великая Хартия Вольностей (1215) содержит 63 статьи. Великая Хартия вольностей сыграла важнейшую роль в английской истории и положила начало свободе личности. Она и сейчас входит в число действующих актов конституции Великобритании. Великая Хартия Вольностей гарантировала соблюдение королем определенных обязательств.

2. Петиция о праве – один из главных источников английской конституции. Король Карл I подписал Петицию 7 июня 1628. В Петиции о Праве были жалобы против произвольного сбора налогов и нарушения неприкосновенности личности граждан. Этот документ гарантировал английским подданным разные права.

3. Билль о правах – это законодательный акт, принятый парламентом Англии в 1689 году. Билль о правах – один из первых документов, юридически утвердивших права человека. Этот документ ограничивал власть монарха и наделил Парламент решающей властью. Помимо ограничения власти монарха документ декларировал традиционные права англичан: право на суд присяжных, запрещение жестоких наказаний и право обращения с петициями к властям.

Задание 66. Ответьте на вопросы.

1. Was there any written law in medieval England? How was justice administered in early medieval England?

2. What are precedents?

3. What is Common law based on?

4. When was the Magna Carta adopted? What did the Magna Carta provide?

5. When was the Petition of Right adopted? What did the Petition of Right provide?

6. What does the law of Habeas Corpus guarantee?

7. When and because of what reason did Habeas Corpus become a law?

8. What is a writ of Habeas Corpus?

9. What events preceded the Bill of Rights?

10. How were the rights of the monarch limited by the Bill of Rights? And what civil rights were protected by this document?

Задание 67. Подготовьте краткий пересказ текста в соответствии со схемой:

1. The author believes...

2. Firstly the author points at...

3. Secondly the author supposes...

4. Thirdly the author thinks...

5. Finally the author concludes...

 

 

TEST II

“HISTORY OF LAW”

Задание 68. Какие термины соответствуют данным определениям? Занесите ответы в таблицу 2.

1. _____ is a one of a set of explicit or understood regulations or principles governing conduct or procedure within a particular area of activity;

2. _____ is a traditional and widely accepted way of behaving or doing something that is specific to a particular society, place, or time;

3. _____ is a systematic collection of laws or statutes;

4. _____ is the state of being subject only to laws established for the good of the community, especially with regard to freedom of action and speech;

5. _____ is the action or manner of controlling or regulating a state, organization, or people.

Задание 69. Завершите предложения. Занесите ответы в таблицу 2.

6. The oldest law code is tablets from the ancient archives of the city of Ebla (now Tell Mardikh, Syria) which date to about _____. The tablets dealt with diplomacy and foreign relations, internal and domestic affairs, and cultic and cultural matters.

7. The earliest known legal text was written by_____, in about _____. It dealt largely with the _____ and ____.

8. One of the most detailed ancient legal codes was drawn up by _____ in about _____. It dealt with _____ of slave owners and slaves, _____ and _____ contracts; _____ and divorce; crimes and _____; and the _____ of debts and even regulations about _____ and the prices of goods. The cruel principle of revenge was observed: _____, which meant that criminals had to receive as punishment precisely those injuries and damages they had inflicted upon their victims. The absolutism of power in the monarch was typical of legal systems until the time of _____ around _____.

9. The Greek system of law emphasized that laws were made by _____, and could be changed by them. In the 7^th century B.C., _____, Athenian lawgiver, drew up Greece’s first written code of laws. Under his code _____ was the punishment for most offences. Solon in around _____ devised a new code of laws. He revised every statute except that on _____ and made Athenian law more _____.

10. The Greeks ideas were carried over into the _____ system of law. There was no major codification of _____ law until _____, issued from 529 to 534 by ______, a prominent Roman Emperor.

11. Enacted in 1804 _____ was an attempt to create a legal system that _____. Some of its original articles were drafted by _____. Others were based largely on the _____ set forth by the emperor _____ in _____.

12. The _____ or the _____ is the cornerstone of British liberties and one of the oldest written constitutional papers. It was signed in _____ by _____ under the threat of civil war. It established the principle of _____, in which the power of the monarch, or government, was not absolute. This document provided for _____. It stipulated that no citizen could be punished or kept in prison without a fair trial.

13. The _____ was signed by Charles I in _____. It restricted further the monarch’s powers and was intended to _____.

14. The law of Habeas Corpus guarantees that _____. The law was passed in Britain in _____. Habeas Corpus is part of a Latin phrase that means “_____”.

15. Another British constitutional paper of great importance, which prevented the sovereign from abusing his authority, was the Bill of Rights passed in _____ which made monarchy _____ and provided freedom from arbitrary government. It stressed that elections must be _____ and that members of Parliament must have _____. The act also dealt with ______.

Таблица 2

№ задания	Критерии оценивания
Задание 68	Оценка	Количество правильных ответов
1.		5 (отлично)	15 – 14
2.		4 (хорошо)	13 – 12
3.		3 (удовлетворительно)	11 – 9
4.
5.
Задание 69
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.

Задание 70. Подготовьте устный доклад на английском языке по одной из тем Модуля 1.

1. What Is Law?

2. Ancient Legal Codes.

3. Laws of Ancient Greece and Rome.

4. Napoleon’s Code.

5. The Magna Carta.

6. The Petition of Right.

7. Law of Habeas Corpus.

8. The Bill of Rights.

9. Why Do We Need Law?

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