Unit 2Unit 2

Sources and Varieties of Sources and Varieties of English LawEnglish Law

EnglishEnglish lawlaw Which country does “English” refer to?Which country does “English” refer to?

England + Wales + ScotlandEngland + Wales + Scotland = = Great BritainGreat Britain

Great Britain + Great Britain + Northern Irland Northern Irland The United KingdomThe United Kingdom

- The UK is a unitary state, but without a single body of lawThe UK is a unitary state, but without a single body of law- each of the 4 have their own legal system & law courtseach of the 4 have their own legal system & law courts- despite differences a large volume of modern legislation despite differences a large volume of modern legislation applies throughout the United Kingdomapplies throughout the United Kingdom

Different sources and varietiesDifferent sources and varieties of English law of English law can be explained by historical analysiscan be explained by historical analysis

I COMMON LAWI COMMON LAW- common to the whole of England and Wales common to the whole of England and Wales

after the Norman Conquest (1066) after the Norman Conquest (1066) - consists of: consists of: ancient customs, judicial presedents ancient customs, judicial presedents

& enacted laws& enacted laws- a native product of Britain (a few rules of - a native product of Britain (a few rules of

Roman law)Roman law)

Different sources and varietiesDifferent sources and varieties of English law of English law can be explained by historical analysiscan be explained by historical analysis

II (rules of EQUITY)II (rules of EQUITY)phases: phases: 1. practice of medieval Lord Chancellors (“the 1. practice of medieval Lord Chancellors (“the

keepers of king’s conscience”)keepers of king’s conscience”) alternative legal remedies / more flexible than those of alternative legal remedies / more flexible than those of

common law in the ordinary courtscommon law in the ordinary courts

2. becomes more and more rigid,2. becomes more and more rigid, administered by a administered by a separate body of chancery courtsseparate body of chancery courts

3. eventually fused with common law3. eventually fused with common law by an act passed by an act passed in 1873in 1873

4. today almost indistinguishable within English law4. today almost indistinguishable within English law

Possible criteria for divisionPossible criteria for division Division according to the Division according to the

involved partiesinvolved parties

PRIVATE LAW

PUBLICLAW

-areas of lawinvolving private citizens

-areas of lawin which the state hasa direct interest

CRIMINAL CIVIL issues

Division according to the Division according to the territory territory

DOMESTIC /INTERNAL

LAW

INTERNATIONALLAW

PUBLIC-treaties-international conventions CRIMINAL-extradition- hijacking, etc.

PRIVATE- conflict of laws-e. g. validity of foreign divorce

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

civil / criminal (criminal offence)civil / criminal (criminal offence)

Expressions from the Unit 2 – part IIExpressions from the Unit 2 – part II

- to punish offences / the punishment of offences to punish offences / the punishment of offences - the branch of law concerned with... the branch of law concerned with... - criminal offencecriminal offence- rights and duties of individuals towards...rights and duties of individuals towards...

- the division of state powerthe division of state power- the importance of the importance of judicialjudicial powers powers- the the executiveexecutive power power- the the legislativelegislative power power

Fill in the gaps in the following sentences.Fill in the gaps in the following sentences.1.1. The means given by law for the recovery or compensation The means given by law for the recovery or compensation

of a right is called ______________.of a right is called ______________.2.2. ______________ _________ is that body of law and legal ______________ _________ is that body of law and legal

theory that is based on custom and made by judicial theory that is based on custom and made by judicial decision.decision.

3.3. ____________ can be defined as moral justness, but also ____________ can be defined as moral justness, but also as a recourse of justice to correct or supplement law.as a recourse of justice to correct or supplement law.

4.4. _____________ ____________ is a judicial decision that _____________ ____________ 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 5. Unwritten law established by long use; tradition or habit

is called ______________is called ______________

act custom action equity remedy procedure judicial precedent common law offence

SUMMING UP – SUMMING UP – differencesdifferencesCommon law Common law vs. vs. Civil lawCivil law

Legal systems of the worldLegal systems of the worldCIVIL LAW (continental law)CIVIL LAW (continental law)- - most widespread system, based on Roman Law (French, German most widespread system, based on Roman Law (French, German

Scandinavian)Scandinavian)- Main source : Main source : eenacted laws (codes/statutes) – passed by legislaturenacted laws (codes/statutes) – passed by legislature- laws provide general principles and guidelines which are applied in each laws provide general principles and guidelines which are applied in each

casecase

COMMON LAWCOMMON LAW- developed in England in the 11th century – UK, Ireland, USA (except developed in England in the 11th century – UK, Ireland, USA (except

Louisiana), Canada (except Quebec), Australia, India, Hong KongLouisiana), Canada (except Quebec), Australia, India, Hong Kong- SSourcesources of common law of common law: : a) ancient customs, a) ancient customs, b) judicial precedents (previous court rulings) b) judicial precedents (previous court rulings) c) enacted lawsc) enacted laws- does not provide general principles, but court rulings- does not provide general principles, but court rulings

Common law vs. Civil lawCommon law vs. Civil lawThe The common-law legal system contrasts strongly with the civil-law legal common-law legal system contrasts strongly with the civil-law legal

system ofsystem of Continental countries. Continental countries. Read the following pieces of information and decide which typeRead the following pieces of information and decide which typeof legal system they apply to.of legal system they apply to.

AA central importance of enacted law central importance of enacted law // central importance of precedentcentral importance of precedentBB from general rules to particular cases from general rules to particular cases // from individual cases to general rulesfrom individual cases to general rulesCC principles are flexible principles are flexible // principles are based on real factsprinciples are based on real facts / in time fixed/ in time fixed principles principles

may not correspond to changing circumstances / principles develop in individual may not correspond to changing circumstances / principles develop in individual casescases / general enacted principles are applied to individual cases/ general enacted principles are applied to individual cases

Continental law Common law

A Basic characteristics of the system

B Style of legal reasoning

C Legal principles

KEY: the gaps filling exercise.KEY: the gaps filling exercise.

1.1. The means given by law for the recovery or compensation The means given by law for the recovery or compensation of a right is called of a right is called remedyremedy..

2.2. Common lawCommon law is that body of law and legal theory that is is that body of law and legal theory that is based on custom and made by judicial decision.based on custom and made by judicial decision.

3.3. Equity Equity can be defined as moral justness, but also as a can be defined as moral justness, but also as a recourse of justice to correct or supplement law.recourse of justice to correct or supplement law.

4.4. Judicial precedentJudicial precedent is a judicial decision that 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.

5.5. Unwritten law established by long use; tradition or habit Unwritten law established by long use; tradition or habit is called is called customcustom..

Answer the following questions:Answer the following questions:1.1. How can you describe the structure of the English law?How can you describe the structure of the English law?2.2. How did equity change in the course of history?How did equity change in the course of history?3.3. Explain the term “common law”.Explain the term “common law”.4.4. Why is the year 1066 important for the history of Why is the year 1066 important for the history of English law?English law?5.5. How important was Roman law for the development of How important was Roman law for the development of

English common law?English common law?6.6. What is the difference between public and private law?What is the difference between public and private law?7.7. Are there any other ways of dividing English law?Are there any other ways of dividing English law?8.8. Are Great Britain and the United Kingdom two names for Are Great Britain and the United Kingdom two names for

the same territory?the same territory?