The nature of law

The law of a particular state is the body of rules designed to regulate human conduct within that state. Broadly speaking there are three types of rule:

1. Rules which forbid certain types of behaviour under threat of penalty.

2. Rules which require people to compensate others whom they injure in certain ways.

3. Rules which specify what must be done to order certain types of human activity, e. g. to form a company, to marry, or to make a will.

Law and Morality

The law which is enforced by the courts must be distinguished from what is sometimes referred to as ‘natural’ or ‘moral’ law. In many cases the rules of law and morality clearly coincide. For example if a person murders another this offends both law and morality. The state will therefore punish the offender.

Sometimes however the rules of law and morality are not the same. The term ‘natural law’ is sometimes used to refer to rules which although not enacted are accepted as part of the legal system. For example the right of both sides to be heard (or to remain silent), and the principle that an accused person is innocent until proven guilty.

Law and Justice

The basic aim of law is the attainment of justice in society. However in some situations the degree of justice hoped for is not achieved. For example:

a. Compensation for injuries usually depends on proving that someone else is at fault. If a person is injured due to his own fault, or in a ‘pure’ accident where no-one is at fault, he will not receive compensation unless he is insured. This inequality is a result of the rules on negligence liability.

b. The rules regarding mistake and misrepresentation in the formation of a contract often operate to determine which of two innocent parties must bear all of the loss.

c. Sentencing policies applied by magistrates in different areas often result in substantially different sentences for very similar offences.

Conclusion

It would therefore be an oversimplification to say that most people obey the law because it is just, or because it coincides with their view which is morally correct. Law is also closely related to force and authority and these relationships would have to be examined in order to properly explain the intrinsic nature of law, and to find out why most people obey the law.

An alternative to explaining law by reference to its intrinsic nature is to explain it by reference to what it does. In the most general terms law classifies human behaviour. Human beings are capable of an infinite variety of behaviour. Some conduct is clearly acceptable, whereas other conduct is obviously wrong. In between there are numerous examples of human acts or omissions which some people would regard as acceptable, but others would regard as wrong, for example, if a man were to dress in public as a woman. The law can specify with absolute precision some activities that are regarded as unacceptable, for example driving at more than 70 miles per hour, but it would be impossible to list every example of acceptable and unacceptable conduct. Nevertheless if someone does something that is legally challenged by another person or by the State, it will have to be decided whether or not that conduct was acceptable. The legal system will therefore classify any human conduct (even things that no-one has ever done before) into two basic categories i.e. ‘right’ or ‘wrong’ — i.e. in criminal cases a verdict of ‘guilty’ or ‘not guilty’ and in civil cases a finding for the plaintiff or a finding for the defendant. Law is therefore the most ambitious and complex classification system devised by man.

Find the English equivalents of the following phrases in the text:

1. под страхом наказания, 2. естественное право, 3. достижение справедливости в обществе, 4. ответственность за халатность, 5. политика вынесения наказаний, 6. подчиняться закону, 7. то, что оспаривается с точки зрения закона, 8. уголовные дела, 9. гражданские дел, 10. решение в пользу истца.

Complete the line of synonyms with words from the text and learn them:

1. damage, harm, hurt, wound, ____________

2. regulate, direct, conduct, rule, govern, ____________

3. achievement, accomplishment, implementation, ____________

4. damages, payment, reimbursement, ____________

5. error, mistake, blunder, ____________

6. agree, match, correspond, ____________

7. power, right, ____________

8. inherent, peculiar, ____________

9. judgement, verdict, ruling, sentence, ____________

10. invent, work out, develop, create, ____________

Answer the questions on the text:

1. What types of legal rules regulate human conduct?

2. Give examples showing that what is legal is not always moral.

3. Why is justice in society not always attained?

4. Why do most people obey law?

5. What categories is court guided by in bringing a verdict?

Match the following headings with one of the articles given below:

1. The right to bear arms.

2. “Three strikes and you are out”.

3. Mums at seventy?

4. The right to die?

5. Legislation of soft drugs?

6. A duty to serve your country?

TEXT 3

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