Unit 2 Sources and Varieties of English Law

English law  Which country does “English” refer to? England + Wales + Scotland = Great Britain England + Wales + Scotland = Great Britain Great Britain + Northern Irland  Great Britain + Northern Irland  The United Kingdom - The UK is a unitary state, but without a single body of law - each of the 4 have their own legal system & law courts - despite differences a large volume of modern legislation applies throughout the United Kingdom applies throughout the United Kingdom

Different sources and varieties of English law can be explained by historical analysis I COMMON LAW - common to the whole of England and Wales after the Norman Conquest (1066) - consists of: ancient customs, judicial presedents & enacted laws - a native product of Britain (a few rules of Roman law)

Different sources and varieties of English law can be explained by historical analysis II (rules of EQUITY) phases: 1. practice of medieval Lord Chancellors (“the keepers of king’s conscience”)  alternative legal remedies / more flexible than those of common law in the ordinary courts  alternative legal remedies / more flexible than those of common law in the ordinary courts 2. becomes more and more rigid, administered by a separate body of chancery courts 3. eventually fused with common law by an act passed in today almost indistinguishable within English law

Possible criteria for division  Division according to the involved parties PRIVATE LAW PUBLIC LAW -areas of law involving private citizens -areas of law in which the state has a direct interest CRIMINAL CIVIL issues

 Division according to the territory DOMESTIC / INTERNAL LAW INTERNATIONAL LAW PUBLIC -treaties -international conventions CRIMINAL -extradition - hijacking, etc. PRIVATE - conflict of laws -e. g. validity of foreign divorce

Expressions from the Unit 2 - the principal categories of law... - result from (+ historical developement / analysis) - create judicial precedents - a / no common system of law - differences derive from... - the division between - private / public law comprises... - public law consists of administrative & constitutional law - divisions of law: internal / international substantive / adjectival substantive / adjectival civil / criminal (criminal offence) civil / criminal (criminal offence)

Expressions from the Unit 2 – part II - to punish offences / the punishment of offences - the branch of law concerned with... - criminal offence - rights and duties of individuals towards... - the division of state power - the importance of judicial powers - the executive power - the legislative power

Fill in the gaps in the following sentences. 1. The means given by law for the recovery or compensation of a right is called ______________. 2. ______________ _________ is that body of law and legal theory that is based on custom and made by judicial decision. 3. ____________ can be defined as moral justness, but also as a recourse of justice to correct or supplement law. 4. _____________ ____________ is a judicial decision that serves as a rule for future determinations in similar cases. serves as a rule for future determinations in similar cases. 5. Unwritten law established by long use; tradition or habit is called ______________ actcustomaction equity remedyprocedurejudicial precedent common law offence

SUMMING UP – differences Common law vs. Civil law

Legal systems of the world CIVIL LAW (continental law) - most widespread system, based on Roman Law (French, German Scandinavian) - Main source : enacted laws (codes/statutes) – passed by legislature - laws provide general principles and guidelines which are applied in each case COMMON LAW - developed in England in the 11th century – UK, Ireland, USA (except Louisiana), Canada (except Quebec), Australia, India, Hong Kong - Sources of common law: a) ancient customs, a) ancient customs, b) judicial precedents (previous court rulings) b) judicial precedents (previous court rulings) c) enacted laws c) enacted laws - does not provide general principles, but court rulings

Common law vs. Civil law The common-law legal system contrasts strongly with the civil-law legal system of Continental countries. Read the following pieces of information and decide which type of legal system they apply to. A central importance of enacted law / central importance of precedent B from general rules to particular cases / from individual cases to general rules C principles are flexible / principles are based on real facts / in time fixed principles may not correspond to changing circumstances / principles develop in individual cases / general enacted principles are applied to individual cases Continental lawCommon law ABasic characteristics of the system BStyle of legal reasoning CLegal principles

KEY: the gaps filling exercise. 1. The means given by law for the recovery or compensation of a right is called remedy. 2. Common law is that body of law and legal theory that is based on custom and made by judicial decision. 3. Equity can be defined as moral justness, but also as a recourse of justice to correct or supplement law. 4. Judicial precedent is a judicial decision that serves as a rule for future determinations in similar case. serves as a rule for future determinations in similar case. 5. Unwritten law established by long use; tradition or habit is called custom.

Answer the following questions: 1. How can you describe the structure of the English law? 2. How did equity change in the course of history? 3. Explain the term “common law”. 4. Why is the year 1066 important for the history of English law? English law? 5. How important was Roman law for the development of English common law? 6. What is the difference between public and private law? 7. Are there any other ways of dividing English law? 8. Are Great Britain and the United Kingdom two names for the same territory?