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The History of Law
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The history of law or legal history is the history of our race. Law developed before history was even recorded and rules were recognized to reconcile discussions before written laws or courts ever existed. This dates back to the age of the ancient Egyptians and Babylonians. Different to idea, law was discovered and not invented. It was systematically discovered established on historical experiences and historical events of generations for years and centuries. In Babylonia, the Mesopotamia region, ethnic customs were transformed into social laws thousands of years ago. Laws also existed in ancient Greece. As well, the Roman law was the legal system not only in ancient Rome, but was applied all over Europe until the eighteenth century. A lot of European modern laws are still influenced by Roman law. English and North American common and civil laws also are obliged to Roman ancient law.
Customary law dictated human actions, for a long time, by reflecting the conduct of people towards one another. Below customary law, rules spontaneously emerged and developed to establish an argument between people. The customary law was the procedure that guides to the discovery of natural law. Natural law is the irrefutable standard to which laws must be stable in order to be legitimate. In other words, we can say that natural law is the body of rules of right conduct and justice common to all people. By comparison, common law is a system by which a law comes to pass based on some legal antecedent.
Early Anglo-Saxon courts were assemblies made up of common people and neighbors. These early courts passed their sentence according to customary law. This guaranteed non violent means for solving conflicts.
Questions:
1. When did law develop?
2. How did law develop in Babylonia, the Mesopotamia region?
3. Where was Roman Law applied until the eighteenth century?
4. What was the role of customary law?
5. What is natural law?
6. What is common law?
7. How did early Anglo-Saxon courts work?
Study the vocabulary and make up as many sentences with the words as you can.
Изучите словарь и составьте как можно больше предложений с этими словами.
Law
| attorney | n. 1 a person appointed to act for or represent another 2US lawyer | |
| barristerUK | n. a lawyer who pleads before a superior court | |
| brief | n. 1UK instructions to a barrister – alsov. 2US written statement of facts | |
| case | n. statement of the facts in a trial, esp. the argument of one side | |
| contract | n. a formal agreement, usually in writing, between two or more parties | |
| court of law | n. the place where law cases are heard and decided; court – courtroom n. | |
| evidence | n. information presented to a court to prove or support a point in question | |
| guilty | adj. responsible for wrong; culpable – guilt n. not guilty adj. | |
| judge | n. official with authority to hear and decide cases in a court of law – alsov. | |
| jury | n. a group of people chosen to hear the evidence of a case and give a decision | |
| lawsuit | n. a trial at court between two private parties | |
| lawyer | n. a person trained in law and who advises or represents others | |
| plead | v. 1 to defend a law case 2 to declare oneself to be guilty or not guilty – plea n. | |
| sentence | n. 1 decision of a court, esp. as to the punishment 2 the punishment – alsov. | |
| solicitor | n. 1UK lawyer advising clients & briefing barristers 2US law officer for a city etc | |
| sue | v. to start legal action against someone in a court of law – lawsuit n. | |
| sum up | v. to summarise & review the evidence of a case – summing up n. | |
| trial | n. a formal examination of a case in a court of law – to try v. | |
| verdict | n. the formal decision or finding of a judge or jury | |
| without prejudice | without detriment or damage to a legal right or claim |
10. Write the translation of the passages from Duhaime’s Legal Dictionary.