An Introduction to Law

1. The word "law" refers to limits upon various forms of behaviour. In all societies, relations between people are regulated by prescriptive laws, which prescribe how people ought to behave. Some of such laws are customs, that is, informal rules of social and moral behaviour. And some of them are precise laws made by nations, governments and enforced against all citizens within their power.

2. The purpose of government-made laws is social control and the implementation of justice. The laws made by the government of one country often significantly differ from the laws of another country. But the law today is a complex of different and relatively independent national systems. It should be said that the legal system of England and Wales is one of the oldest still operating in the modern world. English law has directly influenced the law of former British colonies such as Australia, India, Canada and the nation where law plays a greater role in everyday life than anywhere else, the United States.

3. Each country in the world, even each state of the United States, has its own system of law. There are two main traditions of law in the world. One is based on English Common Law, and has been adopted by many Commonwealth countries and most of the United States. The other tradition, sometimes known as Continental, or Roman law, has developed in most of continental Europe, Latin America and many countries in Asia and Africa which have been strongly influenced by Europe. Continental law has also influenced Japan’s legal system. In these countries Continental systems have resulted from attempts of governments to produce a set of precise, detailed codes to govern every legal aspect of citizens’ life.

4. There are many ways in which the law can be classified. It can be divided into common law, civil law, criminal law, constitutional law, substantive and procedural laws, etc. By the words "common law" we mean law which is common to the whole country – national law in contrast to local law. It distinguishes the common law legal systems based on precedents from the civil law jurisdictions based on civil codes. Law of equity is the application of principles of justice outside common law or statute law, used to correct laws when these laws would be applied unfairly in special circumstances.

5. The criminal law regulates the legal relationships between the state and individual people and bodies. It is concerned with wrongful acts harmful to community which are punishable by the State. When a person violates certain public duties and disturbs public peace and order, the violation is governed by criminal law. The goverment, acting in the name of all the people, investigates, prosecutes, and tries to fine or imprison the offender.

6. The civil law regulates the relationship between individuals or bodies. It is concerned with individuals’ rights, duties and obligations towards one another. When the private legal rights of an individual are violated, the matter is governed by civil law. It applies whenever one person has a right to sue another person. The police will not investigate civil conflicts.

7. Procedural law deals with methods of enforcing legal rights and duties. Laws, which specify how and when police can make arrests and what procedures can be used in a trial are procedural laws.

 

Reading for General Understanding

 

Ex. 37. Look through Text A and do the following tasks.

 

Task 1. Decide which titles also fit the text.

1. Kinds of law. 2. The essence of law. 3. Civil and criminal procedure. 4. History of law. 5. The development of law. 6. The difference between civil and criminal laws. 7. Legal system. 8. Enforcing the law.

 

Task 2. Point out the items which are described in the text, indicate the paragraphs.

1. The classification of law. 2. Law as the highest achievment of civilization. 3. The definition of the word "law". 4. The traditions of law. 5. The function of the procedural law. 6. The application of the criminal law. 7. The two great systems of law. 8. The essence of the common law. 9. The prescriptive law.