Мои Конспекты
Главная | Обратная связь

...

Автомобили
Астрономия
Биология
География
Дом и сад
Другие языки
Другое
Информатика
История
Культура
Литература
Логика
Математика
Медицина
Металлургия
Механика
Образование
Охрана труда
Педагогика
Политика
Право
Психология
Религия
Риторика
Социология
Спорт
Строительство
Технология
Туризм
Физика
Философия
Финансы
Химия
Черчение
Экология
Экономика
Электроника

CONTINENTAL SYSTEMS





Помощь в ✍️ написании работы
Поможем с курсовой, контрольной, дипломной, рефератом, отчетом по практике, научно-исследовательской и любой другой работой

Continental systems are sometimes known as (кодифікована правова система). They have resulted from attempts by governments to produce a set of codes to (керувати) every legal aspect of a citizen's life. Thus it was necessary for the (законодавець) to speculate, quite comprehensively about (людська поведінка) rather than simply looking at previous cases. In codifying their legal systems, many countries have looked to the examples of Revolutionary and Napoleonic France, whose legislators wanted to break with previous (прецедентне право), which had often produced corrupt and biased judgements, and to apply new egalitarian social theories to the law. Nineteenth century Europe also saw the decline of several multi-ethnic empires and the rise of nationalism. The lawmakers of new nations sometimes wanted to show that the (юридичні права) of their (громадян)originated in the state, not in (місцеві звичаї), and thus it was the state that was to make law, not the courts. In order to separate the roles of the (законодавчої та судової влади), it was necessary to make laws that were clear and comprehensive. The lawmakers were often influenced by the model of the (канонічного права) of the Roman Catholic Church, but the most important models were the codes produced in the seventh century under the direction of the Roman Emperor Justinian. His aim had been to eliminate the confusion of centuries of inconsistent lawmaking by formulating a comprehensive system that would entirely replace existing law. Versions of (Римського права) had long influenced many parts of Europe, including the case law traditions of Scotland, but had little impact on English law.

It is important not to exaggerate the differences between these two traditions of law. For one thing, many (систем прецедентного права), such as California's, have areas of law that have been comprehensively codified. For another, many countries can be said to have belonged to the Roman tradition long before codifying their laws, and large uncodified - perhaps uncodifiable - areas of the law still remain. French (публічне право) has never been codified, and French courts have produced a great deal of case law in (тлумаченні) codes that become out of date because of social change. The clear distinction between legislature and judiciary has weakened in many countries, where courts are able to challenge the (конституційна законність) of a law made by (парламетом).

Task 7. Ask questions about the text. Answer them using:as far as l know; his aim was to; in order to; it is important (not) to; for one thins..* for another; despite this; while adopting some ideas..; they aimed at..; to conserve customs and traditions.. .

Task 8. Translate the following word combinations. Use them in sentences of your own:

to exaggerate facts; to eliminate the confusion; to formulate a comprehensive system; to have little impact on English law; peculiar to Ukrainian history.

 

Task 9. Write out all the legal terms from the following text and explain their meaning (or translate them into Ukrainian). Make up the sentences of your own

According to classical Marxism, legal systems in capitalist and pre-capitalist nations were created to reinforce and justify property relations. Legal relations should not be thought of as in any way independent from political relations, which are based on ownership of property. In other words, the law is on the side of those with economic power. Marx theorized that with the coming of socialism, the state, and thus a state-produced system of law, would become irrelevant to social relations and would disappear.

However, socialist countries in the twentieth century have produced very strong centralized state institutions and complex legal systems alongside them. The leaders of the Soviet Revolution, and hence the governments of many nations that came under Soviet influence, tried to apply socialist ideology to a Continental civil law tradition. Socialist lawmakers criticized both common law and previous Roman civil law systems for masking their own capitalist ideology in apparently neutral, unbiased institutions. In China, law courts are still primarily regarded as political instruments, used both to control theft and violence and to deal with political opponents. Attempts have been made to codify Chinese law comprehensively, but so far there has been little progress. Evenbefore the rejection of their socialist traditions, the Soviet republics had started to allow an increase in civil law cases, and a long process of revising existing civil and criminal codes had begun. As separatist movements grew in many parts of the Soviet Union, there was also development in Constitutional law, with somerepublics questioning the legality of their obligations to the centralgovernment.

Доверь свою работу ✍️ кандидату наук!
Поможем с курсовой, контрольной, дипломной, рефератом, отчетом по практике, научно-исследовательской и любой другой работой



Поиск по сайту:







©2015-2020 mykonspekts.ru Все права принадлежат авторам размещенных материалов.