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LESSON WHAT is LAY/?

1

TERMS AND EXPRESSIONS law

jurisprudence

to set forth to maintain order to resolve disputes to impose responsibility to have a legal claim against 'aw and order settlement of disputes income tax laws to fail

improper deductions

t0 be subjected to penalties

remedies —

право, закон -

юриспруденция, правоведение, законо

ведение, судебная практика —излагать, объяснять —поддерживать порядок —разрешать споры —возлагать, налагать ответственность —иметь право (претензию) требования к.., —право и порядок —решение споров —законы о подоходном налоге —потерпеть неудачу; не иметь успеха —неправильное удержание (налога) —подвергаться наказаниям —средства судебной защиты — причинять

to wrong

issues and disputes

public will

to be ahead of the law

generally binding rules law responding to the goals approval and recognition to bring into line with essence of law

вред, совершать правонарушение

споры и конфликты общественное желание, желание (воля) общества опережать право общеобязательные правила право, отвечающее целям одобрение и признание выравнивать сущность права

to put pressure on legislators оказывать давление на законодателей enactment of laws принятие законов

to decide lawsuits решать судебные дела

common law общее право

case law прецедентное право

procedural rules -процессуальные правила

evidence свидетельское показание, улика

enforcement принуждение, принудительное выпол

нение

judgjelment 'substantive судебное решение, приговор law to resolve материальное право

controversies state разрешать споры

pressure (action) государственное воздействие

INTRODUCTORY EXERCISES

I I Переведите следующие предложения на русский язык: 1.

In our society law plays an important role. 2.

It is necessary to bear in mind that the law affects people in several ways, 3.

When it helps ordinary people to reach just agreements across social, economic and international barriers, law seems to be regarded as a good thing. 4.

When it involves time and money and highlights people's inability to cooperate informally, law seems to be an evil, but a necessary one that everyone should have a basic knowledge of. 5.

One important distinction made in many countries is between private [or civil) and public law. 6.

Civil law concerns disputes among citizens within a country, and public law con cerns disputes between citizens and the state or between one state and another. 7.

The English word "law" refers to limits upon various forms of behaviour, 8.

Some laws are descriptive : they simply describe how people, or even natural phenomena, usually behave.

16 g Other laws are prescriptive - they prescribe how people ought to behave. 10 The speed limits imposed upon drivers are laws that prescribe how fast we should drive.

GT1 Найдите в тексте и переведите словосочетания:

То resolve disputes; to impose responsibility; concept of law; to maintain order; to have a legal claim; improper deduction; income tax law; approval and recognition; to decide lawsuits, to resolve controversies

Q Переведите письменно текст,

обращая особое внимание на термин "law":

What is Law?

In everyday lite people use the word law in many different ways. Actually the word law is very difficult to define. There is a field of law that is known as "jurisprudence", which analyzes the concept of law and is concerned with the philosophy of law.

Throughout the centuries people have attempted to define law and to set forth its role in society.

In considering the numerous definitions of law and philosophy of law it must be recognized that one of the roles of law is to maintain order and that this is the function of the criminal laws. Another role of law is to resolve disputes that arise between individuals and to impose responsibility if one person has a legal claim against another. Between these two extremes of what might be called law and order on the one hand and settlement of disputes on the other, there are many situations that cannot be so clearly defined. For example, the income tax laws require that a person pay an income tax. If he fails to do so, or if he fails to declare all his income or takes improper deductions, he may be subjected to penalties, but he has also failed to live up to his obligations to society. In any event it is important that one bear in mind that the law is not simply a statement of rules of conduct but is also the means whereby remedies are afforded when one person has wronged another.

In one sense all issues and disputes in our society - political, social, religious, economic, or otherwise-ultimately become legal issues to be resolved by the courts. Thus it can be said that law is simply what the courts determine it to be as an expression of the public will in resolving these issues and disputes.

Another view of law is that it is a method of social control — an instrument of social, political, and economic change.'Really law is both an instrument of change and a result of changes that take place in our society. It is difficult to determine whether the law brings about changes in our society or whether changes in society bring about a change in the law. In our legal system both are true. The law-respond- 'ng to the goals, desires, needs, and aspirations of society is in a constant state of change. Sometimes the law changes more rapidly that does the attitude of the majority of society. In this event the law and our legal system provide leadership in about changes. At other times our society is ahead of the law in moving in new directions, and changes are brought about by the people who act according to their new attitude and convictions. When these changes are accepted by the rest of society, it often happens that the law then gives approval and recognition of the changes, and the law has thus been brought into line with the changing needs of society. For example, in the field of ecology various groups have put pressure on legislators to clean up the air and water. As a result of this laws have been enacted that require that devices be installed to control pollution. Here the public pressure resulted in the enactment of laws and the law was a follower rather than a leader. It is important to note that the law is not static - that it is constantly changing and that the impetus for the changes may come from many different sources.

In still another sense law has been defined as the rales and principles that are applied by the courts to decide lawsuits. These rales and principles fall into three categories: tl) laws that have been passed by legislative bodies, such as the Congress and state legislatures, together with the federal Constitution and the state constitutions and treaties that have been duly entered into; (2) common law or case law — the law that is derived from cases decided by the courts; and (3) procedural rales that determine how lawsuits are handled in the courts with regard to rules of evidence, enforcement of judgments, appeals, and related matters. It will be noted that the first two elements provide the rules that are applied by the courts to decide controversies and that the third provides the machinery whereby these rules of what is called substantive law are given effect and applied to resolve controversies.

COMMENTARY

Термин "law" в английском языке в значении "право" как наука, специальность или система и их области или отрасли, относится к неисчисляемым существительным JU] и используется без артикля или с определенным артиклем: the study of law, commercial law; the law of nations, а в значении "закон", "правило поведения" или "процедура" термин "law" относится к исчисляемым существительным |С] и используется, в единственном и во множественном числе: а Bill becomes aJawj the laws of a game и т. д.

EXERCISES

Переведите вопросы и ответьте на них: 1.

How do people use the word "law" in everyday life? 2.

What must be recognized in considering numerous definitions and philosophy of law? 3.

What do the income tax laws require? 4.

Thus, what can be said about law in connection with all issues and disputes in our society?

18 5 What is your attitude to the opinion that law is both an instrument of change and a result of changes that take place in the society? 6.

What is moving ahead the law or the society? 7.

in what way is the law brought into line with the changing needs of society? g. What are the three categories of rules and principles applied by the courts? 9. What is provided by the elements of these categories?

IZJ Переведите на слух:

Помер™™ порядок; to set forth; разрешать споры; income tax laws; подвергаться наказаниям; remedy; одобрение и признание; to put pressure on legislators, общее право; case law; материальное право; enforcement; свидетельское показание; generally binding rules; государственное воздействие; essence of law; state and law,

гЯ Переведите письменно:

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Источник: Алимов В. В.. Юридический перевод: практический курс. Английский язык: Учебное пособие. Изд. 3-е, стереотипное. — М.: Ком Книга. — 160 с.. 2005

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  18. В. Т. Харчева. Основы социологии / Москва , «Логос», 2001