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Архитектура Аудит Военная наука Иностранные языки Медицина Металлургия Метрология Образование Политология Производство Психология Стандартизация Технологии |
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Архитектура Аудит Военная наука Иностранные языки Медицина Металлургия Метрология Образование Политология Производство Психология Стандартизация Технологии |
Е.В. Корнеева, Н.Г. Гурова,
Е.Б. Крутских Учебное пособие Москва – 2018 УДК 811.111 ББК 81.2я73 М84 Рецензент: доктор филологических наук, доцент, заведующий кафедрой русского иностранных языков ФГКОУ ВО «Академия Следственного комитета РФ» А.Н. Долгенко Научный редактор: доктор филологических наук, профессор Г.Г. Слышкин
Basic Insights into Legal English: Учеб. пособие / С.И.Кузьминская, Е.В Устинова, С.Т. Розанова, О.Ю. Векшина, Е.В. Корнеева, Н.Г. Гурова, Е.Б. Крутских – М.: Статут, 2018. – 120 с. [Углубленное изучение юридического английского: Учеб. пособие – на англ. яз.]
ISBN (в обл.) Материал учебного пособия предназначен для студентов Вузов, обучающихся по специальности 40.03.01 «Юриспруденция», а также для всех, кто углубленно изучает английский язык и заинтересован в освоении базовых навыков работы со специальными текстовыми материалами. Пособие позволяет сформировать лексический минимум, необходимый для эффективной работы с юридическими текстами, закрепляет базовые знания в области грамматики английского языка, предлагает обширный материал для обсуждения различных аспектов профессиональной деятельности будущих юристов. Доступность изложения материала обеспечивает эффективное освоение навыков межкультурной коммуникации в сфере профессионального общения. УДК811.111 ББК 81.2Я73 ISBN © КузьминскаяС.И., Устинова Е.В., Розанова С.Т., Векшина О.Ю., Корнеева Е.В., Гурова Н.Г., Крутских Е.Б., 2018 CONTENTS
PART I CORE SUBJECTS FOR LEGAL STUDIES Unit 1. What is Law? Reading 1. Glossary
The question “What is law? ” has caused disputes among people for a long period. There are many definitions of law. However, law can be defined as limits upon various forms of human behaviour. Such laws prescribe rules that regulate the conduct of people in society. They are prescriptive laws. Since the Ancient Times the relations between people have been regulated by prescriptive laws. The most informal of them are customs. People learn about rules of social behaviour at home, in school, through communication with friends and other people. Customs are not written down and if anyone breaks a custom, they do not suffer any penalty. But other members of society may criticize them or even act violently towards them. The rules of social institutions, for example sport clubs, are more formal and usually written down. Those who break these rules carry precise penalties. But if a person refuses to accept any punishment, the club may only ask him to leave the club. The most formal rules and regulations are laws made and enforced by governments. All citizens are expected to respect and obey laws. And though there may be instances when the law is not enforced against someone, according to the general nature of the law it is enforced equally against all members of society. It means that average citizens and government officials such as senators, judges, and even the president are required to support the legal system and obey its laws. No one is above the law. Laws fall into two major groups: Civil law that concerns disputes among citizens within a country and Public law that concerns disputes between citizens and the state or between one state and another. Civil laws regulate many everyday situations, such as marriage, divorce, contracts, real estate, insurance, consumer protection, and negligence. Public law includes Constitutional law, Criminal law and International law.
Exercise 1. Decide whether these statements are true or false according to the information in the text. If the statement is false, find the correct answer.
1. The laws describe rules that regulate the conduct of people in society. 2. Customs are the most formal rules of social and moral behaviour. 3. If anyone breaks a custom, he doesn’t suffer any penalty. 4. All citizens are expected to respect and obey laws. 5. Civil Law concerns disputes between citizens and the state.
Exercise 2. Answer these questions. Use the information from the text.
1. What are prescriptive laws? 2. What laws are the most formal? 3. Do people suffer any penalty if they break customs? 4. Are laws enforced equally against all members of society? 5. How do Civil and Public law differ?
Exercise 3. Complete these sentences with the correct word or word combination.
1. The relations between people are regulated by………… laws. 2. The state ……….. are the most formal laws. 3. Government-made laws are ………… against the citizens. 4. Public law concerns ………… between citizens and the state. 5. A person may refuse to accept ……… when he breaks rules of social institutions.
Exercise 4. Match the words and word combinations to their definitions.
Reading 2. Read the text and complete the glossary. Governments often make laws that are patterned upon informal rules of people’s conduct. In fact, relations between members of society are regulated by a combination of customs, rules of social institutions and government-made laws. It can be demonstrated on the incident that happened in a certain sports club. Let’s suppose that a footballer so much disagreed with the decision of the referee during the game that he hit him and even broke his tooth. At the level of social custom, the footballer won’t suffer any penalty. But people would probably criticize him and try to make him apologise. At a more formal level of rules of that sports club the footballer would face punishment in the form of a fine, moreover he could be disqualified for a certain period of time. Finally, the footballer may also face the prosecution under government-made laws for attacking the referee. In many countries the prosecution might be of two kinds – civil and criminal. First, the referee could start a civil action demanding compensation for his injury. Second, the police could also start an action against the footballer for the crime of violence. In this case the punishment may be very serious. If the court finds the footballer guilty, he might be sent to prison, besides, the footballer might be made to pay a fine to the court as a punishment for an offence against the state. Governments in many countries usually consider anti-social behavior to be a danger to the order and well-being of society as a whole.
Glossary
Exercise 5. Answer the questions based on the text.
1. In what way are relations between members of society regulated? 2. What happened in a sports club? 3. How would the footballer be punished at the level of customs and social institutions? 4. What kind of prosecution might the footballer face? 5. Who starts the action for the crime of violence? 6. At what level might the punishment be the most serious? Why?
Exercise 6. Match the words to make word combinations.
Reading 3. Read the text and summarize the main idea. Every society that has ever existed has recognized the need for laws. But what motivates governments to create and enforce laws? Social control is probably the first purpose. No doubt that the power and authority of the state are established by Public laws. The framework for peaceful interaction among citizens is provided by civil laws. Without laws there could be disorder and anarchy in society. One more purpose to have laws is the implementation of justice. But the matter is that very few people can say definitely what justice is, most of us only feel that it is something very important. The concept of justice differs in every culture. It has been the subject of debates for philosophers, theologians and legislators since the time when the Ancient Greek philosopher Plato set up his first theory of justice. The common place of these debates is the following. The values which are created and dominate in the society influence the notion of justice. The word “justice” is often used together with the word “fairness”. We all want to be treated fairly. But we all are very different, and what is fair for one group of people may be unfair for another one. In fact the everyday notion of justice and fairness is rather far from their theoretical definitions. And governments have much more practical considerations such as rising crime rates to enforce laws. Sometimes laws look like an attempt to use common sense, but it is not so simple because common sense itself is a complex combination of skills based upon behaviour of different people in different situations. In general, the motives to make and to enforce laws are based upon several purposes. And the government-made laws reflect this combination.
Revision
1. How may the word “law” be defined? 2. What is prescriptive law? 3. What are the three kinds of rules governing relations between people? 4. How are customs made? Are they formal? 5. Do people suffer any penalty if they break customs? 6. Who makes and enforces laws? 7. Is the law enforced equally against all members of society? What happens if anyone breaks a law? 8. What incident took place in a certain sports club? 9. What penalty could the footballer suffer at the level of customs and rules of social institutions? 10. What two kinds of prosecutions could the footballer face? What punishment would he have?
Recommended literature
1. Krois-Lindner A., First M., Introduction to International Legal English, Cambridge. - University Press, 2008. 2. Lee P. Arbertman, Edward L. O’Brien, Street Law, Eighth Edition, - Glencoe The McGraw-Hill Companies, 2010. 3. Rowell R., Law today, - Longman, 1993. 4. Агабекян И.П., Практический английский для юристов, Ростов-на-Дону, - Феникс, 2003. 5. Гуманова ЮЛ., Свешникова М.Л., Королева-Мак-Ари В.А., под редакцией Шишкиной Т.Н. Just English, английский для юристов, базовый курс, - «Кнорус», 2016. Unit 2. A Career in Law Reading 1. Glossary |
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