Descriptive and prescriptive

The English word "law" means various forms of behavior. Some laws are descriptive: they simply describe how people, or even natural phenomena, usually behave. An example is the law of gravity; another is laws of economics. Other laws are prescriptive - they prescribe how people ought to behave. For example, the speed limits are laws that prescribe how fast we should drive.

In all societies, relations between people are regulated by prescriptive laws. Some of them are customs - that is informal rules of social and moral behavior. Some are rules we accept if we belong to particular social and cultural groups. And some are laws made by nations and enforced against all citizens.

Customs need not be made by governments, and they need not be written down. We learn how we are to behave in society through the instruction of family and teachers, the advice of friends, etc. Sometimes, we can break these rules without any penalty. But if we continually break the rules, other members of society may criticize us, or refuse to have anything to do with us. The ways in which people talk, eat and drink, work, and relax together are usually guided by many such informal rules.

The rules of social instructions are more formal than customs, carrying penalties for those who break them. Sports clubs, for example, often have detailed rules for their members. But if a member breaks a rule and refuses to accept any punishment, the club may ask him or her to leave the club.

However, when governments make laws for their citizens, they use a system of courts and the police to enforce these laws. Of course, there may be instances where the law is not enforced against someone - such as when young children commit crimes, or when certain people are able to escape justice by using their money or influence.

Find English words and word combinations in the text.

установленные ограничения скорости, отказываются иметь с нами что-л. общее, отказываются принять наказание, избежать правосудия, система судов, полиция, исполнение законов (проводить законы в жизнь), поведение.

Mark the statements as true or false.

1. In all societies relations between people are regulated by customs and traditions.

2. The speed limits imposed on a driver is an example of a prescriptive law.

3. In general it is very easy to escape justice.

4. Both customs and rules are enforced by governments.

Look through the text and mark the sentence, which reflects the main sense of each paragraph.

Translate into Russian. Pay attention to Participle II.

• laws made by the governments.

• customs used by people.

• relations regulated by....

• laws accepted by the society.

• laws enforced by the police and courts.

• crimes ignored by the police.

Make sentences using correct modal verb..

Citizens Children The police

must should have to

a. obey the laws b. protect people c. go to school every day d. behave properly c. be attentive f. know the customs of the country

 

8. Answer the questions.

1. What is a descriptive/prescriptive law? Can you give your own example?

2. What is the difference between a custom and a law?

 

Glossary

Unit 1

accept - принимать

belong - принадлежать

break a rule / a law - нарушить правило /закон

civil law - гражданское право

civil action - гражданский иск

commit a crime / an offence - совершить преступление / правонарушение

consider - считать, рассматривать

custom - обычаи

deal with - иметь дело с

demand (v) - требовать

demand (n) - требование

descriptive law - описательный закон

do with smb/smth - иметь отношение к кому-л. или чему-л.

enforce laws - проводить законы в жизнь

escape justice - избежать правосудия

fine (n) - штраф

fine (v) - штрафовать

justice - правосудие

law - закон, право

legal - правовой, юридический, судебный

make laws - создавать законы

obey the law - подчиняться закону

offence / wrong - правонарушение, проступок

offend - совершать правонарушение

offender - правонарушитель

penalty - наказание

prescriptive law - предписывающий закон

prosecute - преследовать в судебном порядке

prosecution - судебное преследование

punish - наказывать

punishment - наказание

rule - правило, норма

suffer a penalty - понести наказание

violence - насилие

Unit 2 Why do we Need Law?

 

Read and translate the text.

WHY DO WE NEED LAW

Almost everything we do is governed by some set of rules. There are rules for games, for social clubs, for sports and for adults in the workplace. There are rules imposed by morality and custom that play an important role in telling us what we should and should not do. However, some rules - those made by the state or the courts - are called "laws". Laws resemble morality because they are designed to control or alter our behaviour. But unlike rules of morality, laws are enforced by the courts: if you break a law - whether you like that law or not - you may be forced to pay a fine, pay damages, or go to prison.

Why are some rules so special that they are made into laws? Why do we need rules that everyone must obey? In short, what is the purpose of law?

If we did not live in a structured society with other people, laws would not be necessary. We would simply do as we please, with little regard for others. But ever since individuals began to associate with other people - to live in society - laws have been the glue that has kept society together. For example, the law in our country states that we must drive our cars on the right-hand side of a two-way street. If people were allowed to choose at random which side of the street to drive on, driving would be dangerous and chaotic. Laws regulating our business affairs help to ensure that people keep their promises. Laws against criminal conduct help to safeguard our personal property and our lives.

Even in a well-ordered society, people have disagreements and conflicts arise. The law must provide a way to resolve these disputes peacefully. If two people claim to own the same piece of property, we do not want the matter settled by a duel, we turn to the law and to institutions like the courts to decide who is the real owner and to make sure that the real owner's rights are respected.

We need law, then, to ensure a safe and peaceful society in which individuals' rights are respected. But we expect even more from our law. Some totalitarian governments have cruel and arbitrary laws, enforced by police forces free to arrest and punish people without trial. Strong-arm tactics may provide a great deal of order, but we reject this form of control. The legal system should respect individual rights while, at the same time, ensuring that society operates in an orderly manner. And society should believe in the Rule of Law, which means that the law applies to even person, including members of the police and other public officials, who must carry out their public duties in accordance with the law.

In our society laws are not only designed to govern our conduct: they are also intended to give effect to social policies. For example, some laws provide for benefits when workers are injured on the job, for health care, as well as for loans to students who otherwise might not be able to go to university.

Another goal of the law is fairness. This means that the law should recognize and protect certain basic individual rights and freedoms, such as liberty and equality. The law also serves to ensure that strong groups and individuals do not use their powerful positions in society to take unfair advantage of weaker individuals.

However, despite the best intentions, laws are sometimes created so that people later recognize as being unjust or unfair. In a democratic society, laws are not carved in stone, but must reflect the changing needs of society. In a democracy, anyone who feels that a particular law is flawed has the right to speak out publicly and to seek to change the law by lawful means.