Match English word combinations (1-10 ) with Russian equivalents (a-j)

• common law patterns • death and rebirth • not merely spiritual • absolute sovereignty • Islamic scholars • Gulf countries • autonomous legal system • to preach • to vary from • secular legal system

• страны Персидского залива • отличаться от • светские правовые системы • смерть и воскрешение • не только духовный • по образцу общего права • предписывать • ученые-теоретики ислама • отдельная правовая система • абсолютный суверенитет

 

Find English equivalents in the text.

• основываться на положениях Корана

• правовые системы Индии и Пакистана

• закон не может существовать вне религии

• по образцу общего права

• не иметь законодательной власти

• затрагивать все стороны жизни

• в своем самом строгом толковании

• кодифицировать и вносить поправки

 

Express agreement / disagreement with the following statement.

Use language such as:

Model: а) I fully agree with the statement.

b) I am afraid, I can't agree with it.

• Muslim law is based on the Koran.

• The number of Muslim countries is decreasing.

• In its strongest formulations some Islamic scholars think that state has no power to legislate.

• Some Muslim countries are influenced by civil law, others - by common law.

• It is easy to find roots of the Hindu law.

• It is not difficult to unify postulates of the Hindu law.

• The Muslim law precepts cover as many sides of life as secular systems do.

 

53. Read the text and answer the questions.

• What are the characteristic features of Customary law?

• What is the main source of Customary law?

Customary Law

Customary Law is a type of legal system that serves as the basis of present-day laws in approximately 40 countries - mostly in Africa, but some in the Pacific islands, Europe, and the Middle East. Customary law is also referred to as “primitive law", “unwritten law", "indigenous law", and “folk law". There is no single history of customary law such as that found in Roman civil law, English common law, Islamic law, or the Napoleonic Civil Code. The earliest systems of law in human society were customary, and usually developed in small agrarian and hunter- gatherer communities.

As the term implies, customary law is based upon the customs of a community. Common attributes of customary legal systems are that they are seldom written down, they embody an organized set of rules regulating social relations, and they are agreed upon by members of the community. Although such law systems include sanctions for law infractions, resolution tends to be reconciliatory rather than punitive. A number of African states practiced customary law many centuries prior to colonial influences. Following colonization, such laws were written down and incorporated to varying extents into the legal systems imposed by their colonial powers.

Find English equivalents in the text.

• включать санкции

• термин

• может также называться

• служить основой

• входить в состав правовой системы

• обнаружить

• иметь тенденцию к мирному решению вопроса

• регулировать общественные отношения

Choose correct Participle and translate sentences into Russian.

• The government considered a new project (regulated, regulating) social relations.

• (Following, followed) the customary law of agrarian and hunter-gatherer communities, the new type of law, (amended, amending) and (writing, written) down, came into being.

• State structure (imposed, imposing) by former colonial empires to African and Asian countries was very much like those of European states.

• (Written, writing, unwritten) law is a part of customary legal system.

Express agreement / disagreement with the following statement.

Use language such as:

Model: а) I fully agree with the statement.

b) I am afraid, I can't agree with it..

• Most countries of the world have customary law system.

• Sometimes customary law is called “folk law".

• Customary law is easy to codify because it has single history of development.

• Customary law first appeared in the countries of Africa and Asia.

• Customary law is based upon previous decisions of courts.

• It regulates social relations in a number of African and Asian countries.

• Customary law is the most punitive among other systems of law.

• Customary law became a part of modern national legislation in post- colonial period.

 

Read and translate the text.

MIXED SYSTEMS

In the first group there are countries with the mixed system influenced by both civil and common law. The older uncodified civil law of Holland is the basis of the Roman-Dutch law of South Africa, Zambia, Namibia, Lesotho, Swaziland, Botswana and on the other side of the ocean Sri Lanka; it is marked by a rich juristic literature stemming from Hugo Grotius (de Groot) in the 17th century. But their long contacts with Britain mean that their public law and systems of court procedure owe much to the common law.

Scotland, Louisiana, Mauritius and Quebec are examples of a private law based on older civil and customary rules (uncodified in Scotland) struggling to endure in a common-law environment. Israel has a system of its own where the older Ottoman and British mandate layers are now overridden by a modern system. It has no single constitutional document, but much of the modern law combines the broad legislative simplicity of the great codes of civil law with the careful transparency of the common-law judgment.

The Nordic Europe legal systems of Denmark, Finland, Iceland, Norway and Sweden do not fit neatly into the civil-law pattern. Their original Germanic public and private law was collected in legislative form long before the rationalizing fashion of the French model: in Denmark (1683), Norway (1683), and Sweden-Finland (1734). Marked by relatively small population with a high standard of living, economic efficiency and the ideals of the modern welfare state, they have adopted much uniform legislation especially in the fields of commerce and family law.