Change the sentences below from active to passive. For example:

Active: The police officer asked for proof of identification.

Passive: Proof of identification was asked by the police officer.

1. The emperor appointed a special committee of jurists.

2. Theodosius II, ruler of the Byzantine Empire, published the first codification of imperial legislation.

3. Roman law influenced many modern civil law systems in Europe.

4. They chose ten Roman citizens to record the laws.

5. They inaugurated a more thorough study of Roman law at Bologna University

6. My uncle wrote his will in 2000.

7. The constable arrested and searched the driver of the stolen car.

8. They left the wounded man lying on the road.

9. The judge asked the witness to speak louder.

10.  Between about 367 bc and ad137 they developed the new law from the edicts of the praetor.

V. SPEAKING

What do you think about the following statements?

When men are pure, laws are useless; when men are corrupt, laws are broken. Benjamin Disraeli (1804-1881) British politician and author.

It would be better to have no laws at all, than to have too many.

Law, without force, is impotent. Blaise Pascal (1623-1662) French mathematician, physicist and philosopher.

Where the law is uncertain there is no law. (proverb)

Below you will find phrases and language you can use in the discussion to express opinions, offer explanations and disagree.

Opinions, Preferences:

I think..., In my opinion..., I'd like to..., I'd rather..., I'd prefer..., The way I see it..., As far as I'm concerned..., If it were up to me..., I suppose..., I suspect that..., I'm pretty sure that..., It is fairly certain that..., I'm convinced that..., I honestly feel that, I strongly believe that..., Without a doubt,...,

Disagreeing:

I don't think that..., Don't you think it would be better..., I don't agree, I'd prefer..., Shouldn't we consider..., But what about..., I'm afraid I don't agree..., Frankly, I doubt if..., Let's face it, The truth of the matter is..., The problem with your point of view is that...

Giving Reasons and offering explanations: To start with, The reason why..., That's why..., For this reason..., That's the reason why..., Many people think...., Considering..., Allowing for the fact that..., When you consider that...

Unit 2   Evolution of Law: Historical Aspect Section 2 Anglo-Saxon Law

LEAD IN

Answer the following questions

1. What is the name England derived from?

2. What ethnic groups formed the people known as the English?

2. Match the following English words and phrases with their Ukrainian equivalents:

in conjunction   королівське дарування

promulgate               гільдія

ecclesiastical   звичаєве право                      

outlawry          порушення

folkright              проголошувати

royal grant      оголошення поза законом

exertion           разом з

guild                вияв

infringement    народна мова

vernacular        церковний

TEXT 2

 

Read the text “Anglo-Saxon law”.

ANGLO-SAXON LAW

Notes on the text:

Domesday Book Книга Судного Дня

 

Anglo-Saxon law is the body of legal principles that prevailed in England from the 6th century until the Norman Conquest (1066) and after. In conjunction with Scandinavian law and the so-called barbarian laws of continental Europe, it made up the body of law called Germanic law. Anglo-Saxon law was written in the vernacular and was relatively free of the Roman influence found in continental laws that were written in Latin. Anglo-Saxon law was made up of three components: the laws and collections promulgated by the king, authoritative statements of custom such as those found in the Norman-instituted Domesday Book, and private compilations of legal rules and enactments. The primary emphasis was on criminal law rather than on private law, although certain material dealt with problems of public administration, with public order, and with ecclesiastical matters.

Before the 10th century, the codes often merely presented lists of compositions--money paid to an injured party or his family--but by the 10th century a new penal system had evolved, based on outlawry (declaring a criminal an outlaw), confiscation, and corporal and capital punishment. By this time there had also been an increased development of the law relating to administrative and police functions.

The Anglo-Saxon legal system rested on the fundamental opposition between folkright and privilege. Folkright is the aggregate of rules, whether formulated or not, that can be appealed to as an expression of the juridical consciousness of the people at large or of the communities of which it is composed. The responsibility for the formulation and application of the folkright rested, in the 10th and 11th centuries, with the local shire moots (assemblies). The older laws of real property, succession, contracts, tariffs of fines were mainly regulated by folkright; the law had to be declared and applied by the people themselves in their communities.

Folkright could, however, be broken or modified by special enactment or grant, and the foundation of such privileges was royal power. In time the rights originating in the royal grants of privilege came to outweigh folkright in many respects and were the starting point for the feudal system.

Before the 10th century a man's actions were considered not as exertions of his individual will but as acts of his kinship group. Personal protection and revenge, oaths, marriage and succession were all regulated by the law of kinship. The preservation of peace was an important feature of Anglo-Saxon law. Peace was thought of as the rule of an authority within a specific region. Because the ultimate authority was the king, there was a gradual evolution of more and more stringent and complete rules in respect of the king's peace and its infringements.

I I. DEVELOPMENT

1. Answer the following questions using the information from the text:

1. When and where did Anglo-Saxon law prevail?

2. What are the three components of Anglo-Saxon law?

3. What was the primary emphasis of Anglo-Saxon law?

4. What did folkright regulate?

5. Who the responsibility for the formulation and application of the folkright rested with?

6. What was the role of kinship?

7. How was the preservation of peace treated in Anglo-Saxon law?

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