Reading 4: The History of English Law and Napoleon’s Code. Pre-reading task. Read words

Pre-reading task. Read words. Mind the stress. A):

΄ charter pro΄vide repre΄sentative

΄ liberty con΄sent guaran΄tee

΄ monarchy re΄garded une΄quivocally

΄ stipulate no΄torious authori΄zation

΄justice a΄cquit inter΄ference

΄ warrant suc΄cession evo΄lution

B) Complete the word building table.

Noun Verb	Verb Noun
succession	to sign
representation	to treat
maintenance	to provide
authorization	to stipulate
interference	to acquit
threat	to declare
protection	to proscribe
prison	to prevent

C)

Verb Adjective	Verb Adjective
to represent	to declare
to authorize	to proscribe
to prevent	to provide

D)

Noun / verb Person	Noun / verb Person
to represent	monarchy
to guarantee	protection
to provide	succession
abuse	to eliminate
appeal	murder
moderation	to apply

Read and translate the text.

At the heart of the English system there are two principles of government – limited government and representative government. The idea that government was not all-powerful first appeared in the Magna Carta, or Great Charter, that King John signed in 1215 under the threat of civil war. The Magna Carta established the principle of limited government, in which the power of the monarch, or government, was limited, not absolute. This document provided for protection against unjust punishment and loss of life, liberty, and property except according to law. It stipulated that no citizen could be punished or kept in prison without a fair trial. Under the Magna Carta, the king agreed that certain taxes could not be levied without popular consent. The Magna Carta came in time to be regarded as a cornerstone of British liberties. It is one of the oldest written constitutional papers.

In Britain, the United States, and many other English-speaking countries, the law of Habeas Corpus guarantees that nobody can be held in prison without trial. Habeas Corpus became a law because of a wild party held in 1621 at the London home of a notoriously rowdy woman, Alice Robinson. When a constable [΄kΛnstəbl] appeared and asked her and her guests to quiet down, Mrs. Robinson swore at him so violently that he arrested her, and a local justice of the peace committed her to jail. When she was brought to trial, Mrs. Robinson’s story of her treatment in prison caused an outcry. Such treatment was barbaric even by the harsh standards of the time. Public anger was so great that she was acquitted, the constable who had arrested her without the warrant was himself sent to prison, and the justice of the peace was severely reprimanded. And the case led to the passing of the Habeas Corpus Act in Britain in 1679. The law is still on the British statute books. Habeas Corpus is part of a Latin phrase – Habeas Corpus ad subjiciendum - that means ‘Let the body be brought before the judge,’ In effect, a writ of Habeas Corpus is an order in the name of the people (or, in Britain, of the sovereign) to produce an imprisoned person in court at once.

The Bill of Rights (1689) is one of the basic instruments of the British constitution, the result of the long 17th century struggle between the Stuart kings and the English people and Parliament. The revolution settlement made monarchy conditional on the will of Parliament and provided a freedom from arbitrary government of which most Englishmen were notably proud during the 18th century. The main purpose of the act was unequivocally to declare illegal various practices of James II. Among such practices proscribed were the royal prerogatives of dispensing with the law in certain cases, the complete suspension of laws without the consent of Parliament, and the levying of taxes and the maintenance of a standing army in peacetime without specific parliamentary authorization. A number of clauses sought to eliminate royal interference in parliamentary matters, stressing that elections must be free and that members of Parliament must have complete freedom of speech. Certain forms of interference of the course of justice were also proscribed. The act also dealt with proximate succession to the throne, provided the heirs were Protestants. It is the constitutional paper of great importance, which prevented the sovereign from abusing his authority.

The laws of much continental Europe (particularly France) owe their modern form largely to a man who never studied law. Napoleon Bonaparte established in 1800 five commissions to refine and organize the diverse legal systems of France. The resulting Code was a triumphant attempt to create a legal system that treated all citizens as equals without regard to their rank or previous privileges. It was also so clearly written that it could be read and understood by ordinary people. The code was adopted intact in most of the areas of Europe and spread from there across the Atlantic. Many of its principles are still in force.

2. Find in the text English equivalents for the following words and expressions.

обмежений уряд; представницький уряд; всемогутній уряд; загроза громадянської війни; передбачати захист; втрата життя, свободи та власності; утримувати у в’язниці; збирати податки; народна згода; славнозвісна; мировий суддя; ордер на арешт; варварське ставлення; повстання; вторгнення; невдоволення громади; заточити до в’язниці; викликати гнівний протест; привести до прийняття закону; отримати сувору догану; предстати перед судом; бути виправданим; бути призупиненим; від імені народу; особливо пишатися; свобода слова; автократія; наступний спадкоємець трону; хід здійснення правосуддя; утримання діючої армії; позбутися королівського втручання у парламентські страви; конституційний документ; зловживати владою; прийняти без змін; незважаючи на статус; удосконалити та організувати різноманітні правові системи; ставитися до громадян як до рівних; зрозумілий простим людям

3. A: Fill in the appropriate word from the list below.

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