Текст what is law перевод

Прочитайте и письменно переведите текст WHAT IS LAW? The English word law refers to limits upon various forms of behaviour. Some

Прочитайте и письменно переведите текст

The English word law refers to limits upon various forms of behaviour. Some laws are descriptive: they simply describe how people, or even natural phenomena, usually behave. In all societies, relations between people are regulated by prescriptive laws. Some of them are customs — that is, informal rules of social and moral behaviour. Some are rules we accept if we belong to particular social institutions, such as religious, educational and cultural groups. And some are precise laws made by nations and enforced against all citizens within their power.
What motives do governments have in making and enforcing laws? Social control is undoubtedly one purpose. Public laws establish the authority of the government itself, and civil laws provide a framework for interaction among citizens. Without laws, it is argued, there would be anarchy in society (although anarchists themselves argue that human beings would be able to interact peacefully without laws if there were no governments to interfere in our lives).
Another purpose is the implementation of justice. Justice is a concept that most people feel is very important but few are able to define. Sometimes a just decision is simply a decision that most people feel is fair. But can we create a just society by simply observing public opinion? If we are always fair to majorities, we will often be unfair to minorities. If we do what seems to be fair at the moment, we may create unfairness in the future. Many philosophers have proposed concepts of justice that are much more theoretical than everyday notions of fairness, and sometimes governments are influenced by philosophers. But in general, governments are guided by more practical considerations such as rising crime rates or the lobbing of pressure groups.
Sometimes laws are simply an attempt to implement common sense. It is obvious to most people that dangerous driving should be punished; that fathers should provide financial support for their children if they desert their families; that a person should be compensated for losses when someone else breaks an agreement with him or her. But in order to be enforced, common sense needs to be defined in law, and when definitions are being written, it becomes clear that common sense is not such a simple matter. Instead, it is a complex skill based upon long observation of many different people in different situations. Laws based upon common sense do not necessarily look much like common sense when they have been put into words.
In practice, governments are neither institutions solely interested in retaining power, nor clear-thinking bodies implementing justice and common sense. They combine many purposes and inherit many traditions. The laws that they make and enforce reflect this confusion.

Task 7. Подготовьте устный пересказ прочитанного текста на английском языке (10-15 предложений)

WHAT IS LAW?

Law is a limit on different forms of behaviour. In all societies people regulate their relations by laws. Some of them are customs that is informal rules of social and moral behaviour. Parliaments make laws. Governments enforce law with the purpose of social control. Without law there is anarchy in society.

Sometimes people can settle disputes using informal ways. If somebody plays loud music late at night, we discuss it with him. We don’t go to the police. But if we do something complex such as buy or sell a house, decide whom to give our property, we seek legal advice.

We also use law to do justice. Most of laws exist to make life easier, safer and happier.

II. Найдите в тексте “А” предложения, отвечающие на следующие вопросы:

1. Что есть закон?

2. Как регулируют люди свои взаимоотношения в обществе?

3. Что такое обычай?

4. Для чего правительство создает законы и следит за их соблюдением?

5. Могут ли люди урегулировать свои разногласия неофициальным путем?

6. Что мы делаем, если нам нужно решить какой-либо сложный юридический вопрос?

7. Используем ли мы закон, чтобы вершить правосудие?

8. Для чего существует большинство законов?

III. Заполните пропуски, используя следующие слова и выражения:

1. … is necessary in every society.

2. … are informal rules of social and moral behaviour.

3. A … decision is a fair decision.

4. Sometimes we go to the police … our problems.

IV. Переведите следующие словосочетания с русского языка на английский:

1. pазличные формы поведения

2. ограничение поведения

3. регулировать отношения

4. неформальные правила поведения

5. создавать закон

6. следить за соблюдением закона

7. урегулировать споры

8. неформальным путем

9. передать собственность

10. вершить правосудие

11. сделать жизнь легче, безопаснее, счастливее

V. Составьте предложения, используя следующие слова:

1. behaviour, limit, is, different, a, forms, law, on, of.

2. social, purpose, makes, government, and, enforces, control, social, law, with, the, of.

3. laws, exist, most of, life, easier, to make, happier, safer, and.

1. The question «What is law'» has

1. The question «What is law'» has troubled people for many years. A whole field of study known as jurisprudence (the study of law and legal philosophy) is devoted to answering this question. Many definitions of law exist. For our purposes, however, law can be defined as the rules and regulations made and enforced by the government that regulate the conduct of people within a society.
2. As a child, you learned about rules first at home and later at school. At home, your parents made and enforced rules concerning issues like chores and bedtimes. Rules made and enforced by the government are called laws. The government makes laws that affect almost every aspect of daily life.
3. One thing is certain every society that has ever existed has recognized the need for laws. These laws may have been unwritten, but even pre-industrial societies had rules to regulate people’s conduct. Native American societies, for example, were governed by unwritten laws.
4. When Europeans first arrived on the North American continent, each of the native American nations (or tribes, as they are commonly called today) maintained order through a system of unwritten rules. Because many non-native American government officials and others did not see or understand these traditional mechanisms, many non-native Americans held the erroneous view that the societies were lawless. Today, some native American groups are still governed, at least in part, by traditional unwritten law.
5. Without laws, there would be confusion 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 a set of rules.

Что Вы понимаете под словом «закон»? Прочитайте и переведите текст.

The word «law» refers to limits upon various forms of behav­iour. In all societies, relations between people are regulated by pre­scriptive laws, laws which prescribe how people ought to behave. For example, the speed limits are laws that prescribe how fast driv­ers should drive. Some of such laws are customs, that is, informal rules of social and moral behaviour. And some of them are precise laws made by individual nations, governments and enforcedagainst all citizens within their power.

The purpose of government-made laws is social control (with­out laws there would be anarchy in society) and the implementa­tion of justice. Sometimes laws are simply an attempt to implement common sense. It is obvious to most people that dangerous driving should be punished. But in order to be enforced, common sense needs to be defined in law.

The laws made by the government of one country are often very different from the laws of another country. But the law today is, to a large extent, a complex of different and relatively inde­pendent national systems. Despite major revisions over the centu­ries, 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 bigger part in everyday life than anywhere else, the United States. In addition, although the legal systems of Western Europe and Japan come from rather different traditions, there are enough similarities in principle and institution.

Each country in the world, even each state of the United States, has its own system of law. But it should be said that 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 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 by governments to produce a set of precise, detailed codes to govern every legal aspect of a citizen’s life.

Какие слова и термины из области правопорядка и преступлений Вы знаете? Прочитайте и переведите текст.

Law, Order, Crime

When somebody breaks the lawand does something against the lawthe police must investigatewho is responsible for a crime. If they find the person who committed the crime, they arrest him or her. At the police station the person is questionedand chargedwith the crime. He must then be sent to courtfor trial.

The person charged with the crime is now called the defendantor accused.In court, he must try to prove that he is innocent. The jury listens to all the evidencefor and against the defendant and then makes their decision.

If the jury decides that the defendant is guilty,the judgewill give the sentence.For example, if a person is convicted ofmurder, the sentence will be many years in prison.The person then becomes a prisonerand the place he lives in is called a cell.For minor of­fences(that is, crime that is not serious, e.g. illegal parking), the punishmentis usually a fine. To fightcrime the courts now give tougher punishmentsfor crimes committed than in the past (e.g. bigger fines or longer prison sentences). There is capital punish­ment(death by electric chair or hanging) for some crimes. If a per­son convicted of a crime is put on probation,instead of punishment, he must behave well for a period of 1-3 years. If he is convicted of another crime while on probation, he will also be pun­ished for the original crime. Suspended sentence 1 is a prison sen­tence of less than two years which does not take effect unless the convicted person commits another crime during the period speci­fied by the court. Corporal punishmentconsists of causing a person to physical pain, e.g. by whipping. A community service order 2 is a court order to a person convicted of a crime to do a certain number of hours of work without pay in the local community instead of an­other form of punishment.

Common offences like theft, robbery, burglary, shoplifting;more serious offences such as murder, manslaughterand rape,crimes against public morals, pollution and traffic offences are aris-

ing every day in the courts. Thief, robber, burglar, shoplifter, mur­derer, rapist are criminals.

People who defendcriminals and present evidence are called barristers (lawyers)or attorneys(in Am Eng).

Notes to the Text

1. Suspended sentence — отсрочка исполнения приговора или наказания

2. community service order — направление на общественные работы

Упражнение 1.Поставьте следующие события в правильной последова­тельности.

1. You are convicted of an offence.

2. You are sentenced to punishment for an offence.

3. You are tried for an offence.

4. You are suspected of an offence.

5. You plead guilty or not guilty to an offence at the trial.

6. You are arrested for an offence.

7. You are accused of an offence (You are charged with an of­fence).

Упражнение 2.Заполните пропуски.

Упражнение 3.Подберите к словам и словосочетаниям в колонке А соответствующие по значению из колонки В.

1. wrong a. punishment

2. ask questions b. provide facts

3. commit a crime с kill someone by intention

4. arrest d. question

5. evidence e. investigate

6. sentence f. kill someone by accident

7. theft g. break into a shop / house

8. rob h. take to the police station

9. burgle i. steal from a shop when open

10. steal j. steal from people or places

11. shoplift k. break the law

12. murder 1. illegal, against the law

13. manslaughter m. information about the crime

14. capital punishment n. stealing

15. try to find out what hap- o. take

pened p. death sentence

Упражнение 4.Заполните пропуски.

Упражнение5. Замените выделенные слова и словосочетания близкими по значению словами или словосочетаниями.

1. If someone commits a crime, the police must try to find out what happened.2. When the police find the persons responsible for the crime they take them to the police stationand ask thema lot of questions.3. To reach their decision, the jury must listen carefully to the information about the crime for and against the accused.4. It was only a minor offence and a driver had to pay money.5. If you do something wrong,then you commit a crime. 6. Death sentenceis a comparatively rare event now. 7. What can government do to stopcrime?

Упражнение б.Составьте словосочетания глаголов из колонки А и суще­ствительных из колонки В.

1. make a. the sentence

2. commit b. of the crime

3. break с against the law

4. give d. the law

5. listen to e. decisions

6. be charged f. the evidence

7. be convicted g. with the crime

8. do smth. h. a crime

Упражнение7. Заполните пропуски антонимами.

Упражнение 8.Заполните таблицу на словообразование.

Упражнение 9. А.Назовите 20-25 ключевых слов и словосочетаний на тему «Law and order, crime».

1. Individual actions necessary to prevent a crime from happen­ing (to stop a crime).

2. Capital punishment for some crimes.

3. Do you think people should be allowed to use a gun or knife in self-defence?

Какие виды права вы знаете? Прочитайте и переведите текст.

The lawis the whole body of laws considered collectively. There are many ways in which the law can be classified. It can be divided into common law, civil law, criminal law, constitutional law, sub­stantiveand 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. Com­mon law (in England) is unwritten law based on judicial decisions made by judges in previous cases (case law)in contrast to the law made by Parliament or other law-making body (statute law).It dis­tinguishes the common law legal systems based on precedents from the civil law jurisdictionsbased on civil codes. Law of equityis the application of principles of justiceoutside common law or statute

law, used to correct laws when these would apply unfairly in special circumstances.

A simple distinction between the criminal law(the foundation of which is the common law), and the civil lawis that the latter reg­ulates the relationships between individuals or bodies and the for­mer regulates the legal relationships between the state and individual people and bodies. Examples of the civil law include breaches of contract (the law of contract), tort(literally meaning «wrong»), propertyor claims for damages for negligent conduct.Consider the following situation. You decide to buy a cellphone from a local shop. You pay the correct price and take the cellphone away. You have entered into a contract with the owner of the shop. After three days the cellphone fails to work. This is a common situ­ation and usually the shopkeeper will replace the cellphone or re­turn your money. If not, you may wish to take legal actionto recover your loss. As the law of contract is part of the civil law the partiesto the action will be you (an individual) and the owner of the shop (an individual person or body). Hence, the civil law is more concerned with apportioning losses than determining blame. Given that the defendant has damaged the victim’s property,the question in the civil law is who should pay for that damage. If the victim is wholly innocent and the defendant even only little to blame,then the defendant should shoulderthe liability.

Now let us look at some examples of the criminal law. This is the law by which the state regulates the conduct of its citizens. Criminal offences range from the petty (e.g. parking offences) to the very serious (e.g. murder). Look at the following situation. You are driving your car at 70 m.p.h. (112 kilometers per hour) in an area, which has a speed limit of 40 m.p.h. You are stopped by a po­lice officer and subsequently a caseis brought against you for dan­gerous driving. This is a criminal offence. The parties to the action will therefore be the state (in the form of prosecuting authority)and you (an individual).

Although the division between the civil and criminal law is clear, there are many actions, which will constitute a criminal of­fence and a civil wrong. For example, you are driving your car too fast. Suppose that while you were doing this you knocked over and injured an elderly man. You will have committed a criminal of­fence (dangerous driving) and a civil wrong (negligence). The legal consequences under the criminal and civil law will be different. You would be prosecuted by the state in the criminal courts for dangerous driving and sued by the elderly man in the civil courts for negligence.The two actions will be totally separate.

The law of contract and the criminal law are two areas of sub­stantive law. «Substantive lawlays down people’s rights, duties, liberties and powers». By this is meant the actual content or sub­stance of the law. These are the rules on which the courts base their decisions.

Procedural lawis also a set of rules. Rules of procedure are the rules, which govern such matters as how the case is to be presented, in what court it shall lie, or when it is to be tried. Procedural rules are, in other words, the rules, which govern the machinery as op­posed to the subject-matter. It is a striking fact that in the earlier stages of legal development these rules assume paramount impor­tance: form is better understood than substance, and formal re­quirements, rather than abstract principles, usually determined legal rights. However, the rules of procedure are now more flexible than once they were.

Упражнение 1.Прочитайте определения юридических терминов. Дайте русские эквиваленты выделенным словам и словосочетаниям. Переведите предложения.

1. The person charged with the criminal offenceis the defen­dant. 2. A criminal case is brought by a prosecutor.3. A successful criminal prosecutionwill result in a conviction. 4. Theword «guilty»is used primarily of criminals. The corresponding word in civil cases is «liable»,but this word is also used in criminal con­texts. 5. The party bringing a civil action is the plaintiff.6. The partyis one of the persons or sides in a legal agreement or dispute. 7. The defendant in a civil case is suedby the plaintiff. 8. If the plaintiff is successful, the defendant will be found liable.9. The dis­tinction between crimes and civil wrongs relates to the legal conse­quences.10. A court order not to do something is an injunction. 11. Judgmentis the decision of a judge or court. 12. Procedureis the regular order of doing legal things. 13. A proceedingis a course of action. 14. Damagesare money given as legal compensation. 15. To sueis to take legal action against someone in a civil case.

Упражнение 2.Заполните пропуски следующими словами:

judgment prosecutor conviction plaintiff sues prosecution punishment injunction punished

Упражнение3. Заполните пропуски, разместив следующие слова и сло­восочетания в соответствующую колонку:

crime, life imprisonment, to convict, civil wrong, guilty, plaintiff, defendant, to prose­cute, liable, to punish, prosecution, conviction, judgment for the plaintiff, prosecutor, of­fence, punishment

Civil

Criminal

Упражнение 4.Составьте словосочетания глаголов из колонки А и су­ществительных из колонки В.

А

Bring

Conduct

Investigate

Commit/charge with

Punish

Determine

Give/hear

Take/start

В

A. the prosecution

b. a criminal
с blame/right

Прочитайте и переведите текст, ответьте на вопросы

1. What is the biggest concern of family law?

2. Why are children treated differently by law than adults?

3. Do children born outside legitimate marriages have the same rights with legitimate children?

4. Whom does family law consider?

5. May a married couple seek a divorce?

6. Whose interests are taken into account first of all when people get divorced?

7. In what case will a divorce be issued?

Family law is a branch of law which deals with “domestic relations», it is concerned with such subjects as adoption, divorce, separation, paternity, custody, support and child care.

The law sees the family as a special institution. Family law considers married and unmarried couples, and their children; custody of and responsibility for children; and protection from violence at home.

In some societies the family is thought to be so important that there is very little legal intervention in family life, for example in many Islamic countries. But in many parts of the world, the law now promotes the rights the rights of individuals within the family unit, and regulates family relations through legislation.

In general, the welfare of children is the biggest concern of family law. In most countries legal systems treat children differently from adults. In economically developed countries, there are limits on the type and amount of work a child is allowed to do. There are age limits on the rights and duties of citizens. In Britain as in many countries, there are special courts with very strong powers to control and transfer private property in the interests of children. Special courts deal with young people who commit crimes.

The laws in most countries place more emphasis upon marriages legally registered than social arrangements whereby people live together. In Britain, children born outside legitimate marriages have fewer rights to financial support from estranged fathers than legitimate children. In addition, if they are born outside the UK, they are less likely than legitimate children to be granted British citizenship. Their fathers have no automatic right to contact with them. Some welfare payments are calculated on a different basis according to whether recipients are married or not, and more procedures are available to a married woman than an unmarried one in seeking protection from domestic violence

In English law, some marriages may be dissolved or nullified. A couple may also seek a divorce. The procedure may be lengthy, especially if one does not want to get divorced or if there are children. Divorce proceedings in England take place in certain County Courts known as divorce county courts. Some matters are also dealt with in the Family Division of the High Court. A divorce will not be issued until satisfactory arrangements have been made for any children of the marriage, including determining who is to have custody of the children. In case of property, the courts have to find balance between two principles. One of that is any division should fairly reflect how much each party contributed to the property they held together. Nowadays, courts look beyond legal ownership and cash contributions. Work done in the home, time spent caring for the family, even emotional support, are all considered as giving some rights to property.

7. Найдите в тексте английские эквиваленты русским словам и словосочетаниям:

1. вмешательство в семейные дела

2. регулировать отношения

3. законный, легальный

5. аннулировать брак

6. опека, попечительство

8. вкладывать деньги

10. судебное разбирательство

8. Переведите на русский язык следующие слова и словосочетания из текста: