|
1. legal system |
– правовая система, судебная система |
|
2. incorporate [ɪn’kɔːp(ə)reɪt] v |
– инкорпорировать, включать |
|
3. core [kɔː] adj |
– основной, центральный |
|
4. referable [rɪ’fɜːrəbl] adj |
– могущий быть приписанным (кому-л./ чему-л.), могущий быть отнесённым |
|
5. source [sɔːs] n |
– источник |
|
6. doctrine [‘dɔktrɪn] n |
– теория, доктрина; учение |
|
7. judicial precedent |
– судебный прецедент |
|
8. stare decisis |
– «стоять на решённом», обязывающая сила прецедентов |
|
9. ultimately [‘ʌltɪmətlɪ] adv |
– в конечном счёте, в конце концов |
|
10. derive [dɪ’raɪv] v |
– происходить |
|
11. overlay [ˌəuvə’leɪ] v |
– покрывать, оказывать влияние |
|
12. strain [streɪn] n |
– черта, элемент |
|
13. abstraction [æb’strækʃ(ə)n] n |
– абстракция; обобщение |
|
14. substantive rule |
– материальная норма |
|
15. procedural rules |
– правила процедуры |
|
16. case law [‘keɪsˌlɔː] |
– прецедентное право |
|
17. subordinate [sə’bɔːd(ə)nət] v |
– подчиняться |
|
18. statutory law |
– статутное право (право, выраженное в законодательных актах) |
|
19. code [kəud] n |
– кодекс, свод законов |
|
20. tribunal [traɪ’bjuːn(ə)l] |
– трибунал, суд |
|
21. on equal footing |
– на равных условиях |
|
22. promulgate [‘prɔm(ə)lgeɪt] v |
– промульгировать, обнародовать |
|
23. precept [‘priːsept] n |
– правило поведения, принцип; заповедь |
|
24. unalterability [ʌn͵ɔ:lt(ə)rəʹbılıtı] n |
– неизменность, непреложность; устойчивость |
|
25. elaboration [ɪˌlæbə’reɪʃ(ə)n] n |
– разработка; развитие |
Legal systems are the systems of civil law, common law and religious law. Each country often develops variations on each system and incorporates many other features into the system.
Civil law
Civil law, civilian law or Roman law is a legal system originating in Europe, intellectualized within the framework of late Roman law, and whose most prevalent feature is that its core principles are codified into a referable system which serves as the primary source of law. This can be contrasted with common law systems whose intellectual framework comes from judge-made decisional law which gives precedential authority to prior court decisions on the principle that it is unfair to treat similar facts differently on different occasions (doctrine of judicial precedent, or stare decisis).
Historically, a civil law is the group of legal ideas and systems ultimately derived from the Code of Justinian, but heavily overlaid by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism.
Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules. It holds case law to be secondary and subordinate to statutory law. When discussing civil law, one should keep in mind the conceptual difference between a statute and a codal article. The marked feature of civilian systems is that they use codes with brief text that tend to avoid factually specific scenarios. Code articles deal in generalities and thus stand at odds with statutory schemes which are often very long and very detailed.
Common law and equity
Common law (also known as case law or precedent) is law developed by judges, courts, and similar tribunals, stated in decisions that nominally decide individual cases but that in addition have precedential effect on future cases. Common law is a third branch of law, in contrast to and on equal footing with statutes which are adopted through the legislative process, and regulations which are promulgated by the executive branch.
Religious law
Religious law is explicitly based on religious precepts. Religious law refers to ethical and moral codes taught by religious traditions. Examples include Christian canon law, Islamic sharia, Jewish halakha, and Hindu law.
The two most prominent systems, canon law and sharia, differ from other religious laws in that canon law is the codification of Catholic, Anglican and Orthodox law as in civil law, while sharia derives many of its laws from juristic precedent and reasoning by analogy (as in a common law tradition).
Often the implication of religion for law is unalterability, because the word of God cannot be amended or legislated against by judges or governments. However a thorough and detailed legal system generally requires human elaboration.
http://www.encyclopedia.com/topic/jurisprudence.aspx
Law spreads far beyond the core subjects into virtually every area of life. Three categories are presented for convenience, though the subjects intertwine and overlap.
Law and society
• Labour law is the study of a tripartite industrial relationship between worker, employer and trade union. This involves collective bargaining regulation, and the right to strike. Individual employment law refers to workplace rights, such as job security, health and safety or a minimum wage.
• Human rights, civil rights and human rights law are important fields to guarantee everyone basic freedoms and entitlements. These are laid down in codes such as the Universal Declaration of Human Rights, the European Convention on Human Rights (which founded the European Court of Human Rights) and the U.S. Bill of Rights. The Treaty of Lisbon makes the Charter of Fundamental Rights of the European Union legally binding in all member states except Poland and the United Kingdom.
• Civil procedure and criminal procedure concern the rules that courts must follow as a trial and appeals proceed. Both concern a citizen’s right to a fair trial or hearing.
• Evidence law involves which materials are admissible in courts for a case to be built.
• Immigration law and nationality law concern the rights of foreigners to live and work in a nation-state that is not their own and to acquire or lose citizenship. Both also involve the right of asylum and the problem of stateless individuals.
• Social security law refers to the rights people have to social insurance, such as jobseekers’ allowances or housing benefits.
• Family law covers marriage and divorce proceedings, the rights of children and rights to property and money in the event of separation.
• Transactional law refers to the practice of law concerning business and money.
Law and commerce
• Company law sprang from the law of trusts, on the principle of separating ownership of property and control. The law of the modern company began with the Joint Stock Companies Act 1856, passed in the United Kingdom, which provided investors with a simple registration procedure to gain limited liability under the separate legal personality of the corporation.
• Commercial law covers complex contract and property law. The law of agency, insurance law, bills of exchange, insolvency and bankruptcy law and sales law are all important, and trace back to the medieval Lex Mercatoria. The UK Sale of Goods Act 1979 and the US Uniform Commercial Code are examples of codified common law commercial principles.
• Admiralty law and the Law of the Sea lay a basic framework for free trade and commerce across the world’s oceans and seas, where outside of a country’s zone of control. Shipping companies operate through ordinary principles of commercial law, generalised for a global market. Admiralty law also encompasses specialised issues such as salvage, maritime liens, and injuries to passengers.
• Intellectual property law aims at safeguarding creators and other producers of intellectual goods and services. These are legal rights (copyrights, trademarks, patents, and related rights) which result from intellectual activity in the industrial, literary and artistic fields.
• Restitution deals with the recovery of someone else’s gain, rather than compensation for one’s own loss.
• Unjust enrichment When someone has been unjustly enriched (or there is an «absence of basis» for a transaction) at another’s expense, this event generates the right to restitution to reverse that gain.
• Space law is a relatively new field dealing with aspects of international law regarding human activities in Earth orbit and outer space. While at first addressing space relations of countries via treaties, increasingly it is addressing areas such as space commercialisation, property, liability, and other issues.
Law and regulation
• Tax law involves regulations that concern value added tax, corporate tax, and income tax.
• Banking law and financial regulation set minimum standards on the amounts of capital banks must hold, and rules about best practice for investment. This is to insure against the risk of economic crises, such as the Wall Street Crash of 1929.
• Regulation deals with the provision of public services and utilities. Water law is one example. Especially since privatisation became popular and took management of services away from public law, private companies doing the jobs previously controlled by government have been bound by varying degrees of social responsibility. Energy, gas, telecomms and water are regulated industries in most OECD countries.
• Competition law, known in the U.S. as antitrust law, is an evolving field that traces as far back as Roman decrees against price fixing and the English restraint of trade doctrine. Modern competition law derives from the U.S. anti-cartel and anti-monopoly statutes (the Sherman Act and Clayton Act) of the turn of the 20th century. It is used to control businesses who attempt to use their economic influence to distort market prices at the expense of consumer welfare.
• Consumer law could include anything from regulations on unfair contractual terms and clauses to directives on airline baggage insurance.
• Environmental law is increasingly important, especially in light of the Kyoto Protocol and the potential danger of climate change. Environmental protection also serves to penalise polluters within domestic legal systems.