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Unit 2 Legal Systems

Unit 2 Legal Systems. Warm-up Discussion. In-class Reading. Oral Practice. After-class Reading. Enjoying Yourself. and. Part 1. Thinking. Discussion. Questions. 1. Do you think we should have rules and laws? Why (not)? Why do some people follow them, but others break them?

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Unit 2 Legal Systems

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  1. Unit 2 Legal Systems

  2. Warm-up Discussion In-class Reading Oral Practice After-class Reading Enjoying Yourself

  3. and Part 1 Thinking Discussion

  4. Questions 1. Do you think we should have rules and laws? Why (not)? Why do some people follow them, but others break them? 2. Is ignorance of the law an excuse? Why (not)? 3. What is crime? Write your definition for it. 4. There is more crime than there used to be. Do you agree? Why (not)? 5. Any one who committed any crime, he should be punished severely. Do you agree? 6. How many legal systems are there in the world? 7. What kind of legal system do we have in china? 8. Where can you find the following signs? What do they tell you?

  5. and Part 2 In-class Reading Seeing

  6. Text I Introduction to Legal Systems -To learn about the 4 major types of legal systems in the world

  7. Text I Introduction to Legal Systems Terms: Romano-Germanic / civil / continental legal system, Common law / Anglo-American legal system, Socialist legal system, Islamic legal system, code, judge-made law, enacted / statutory law, collective ownership, state ownership Proper names: Code of Justinian, Napoleonic codes, Norman Conquest, Bolshevik Revolution

  8. Text I Introduction to Legal Systems Outline • Ⅰ. (para. 1) Introduction: 4 types of legal systems & their distribution • Ⅱ. (para. 2-7) 4 types of legal systems 1. (para. 2-3) Romano-Germanic / civil / continental legal system 2. (para. 4) common-law / Anglo-American legal system 3. (para. 5-6) socialist legal system 4. (para. 7) Islamic legal system

  9. Questions based on part I • What are the 4 major legal systems in the world? • How are they distributed in the world and which countries are the representatives in each legal system?

  10. Representatives of the 4 legal systems • Romano-Germanic / civil / continental legal system: France, Germany, Austria, Belgium, Switzerland, Italy, Spain, Portugal, Thailand, Turkey, Indonesia, Holland (the Netherlands) 2. Common-law / Anglo-American legal system: England, Ireland, USA, New Zealand, Pakistan, Singapore, Malaysia, Australia, Canada (excluding Quebec), Burma, India • Socialist legal system: China, Cuba, North Korea, Vietnam 4. Islamic legal system: Middle East countries: Egypt, Jordan, Lebanon, Syria, Turkey, Iran, Iraq,…

  11. Questions based on part II • What are the sources of law in each legal system? • What are the 3 objectives of classical socialist law? • What is the central notion of socialist law?

  12. Sources of law in each system 1. Romano-Germanic / civil / continental legal system • —major source: Codes: Roman civil law (Code of Justinain); Napoleonoic codes • ---customary law 2. common-law / Anglo-American legal system • —major source: judge-made law / case law 3. socialist legal system • —major source: legislation 4. Islamic legal system • —major sources: Koran, Sunna, judicial consensus, analogical reasoning • —subsidiary sources: custom, judge’s preference, requirements of public interest

  13. Language points • Provide for • 1 If you provide for someone, you support them financially and make sure that they have the things that they need.提供生活费; 养活 • Everyone will be provided for according to his needs. • Her father always ensured she was well provided for. • Elaine wouldn't let him provide for her. • 2 If you provide for something that might happen or that might need to be done, you make arrangements to deal with it.为...作准备, 防备 • Law must provide for national security. • James had provided for just such an emergency. • 3 If a law or agreement provides for something, it makes it possible. 规定 • Analogical reasoning is used in circumstances not provided for in the Koran. • The bill also provides for the automatic review by the appeal court of all death sentences.

  14. Legal systems (from Encyclopaedia Britannica) • civil law • also called Romano-Germanic law, the law of continental Europe, based on an admixture of Roman, Germanic, ecclesiastical, feudal, commercial, and customary law. European civil law has been adopted in much of Latin America as well as in parts of Asia and Africa and is to be distinguished from the common law of the Anglo-American countries. • The term civil law has also been used to distinguish private law, governing the relations among individuals, from public law and criminal law. Finally, the national law of a country is sometimes called civil law, in contrast to international law.

  15. common law • also called Anglo-American law, the body of customary law, based upon judicial decisions and embodied in reports of decided cases, which has been administered by the common-law courts of England since the Middle Ages. From this has evolved the type of legal system now found also in the United States and in most of the member states of the Commonwealth of Nations. Common law stands in contrast to rules developed by the separate acts of equity, to statute law (i.e., the acts of legislative bodies), and to the legal system derived from civil law now widespread in continental Europe and elsewhere.

  16. Soviet law • also called Socialist law law developed in Russia after the communist seizure of power in 1917 and imposed throughout the Soviet Union in the 1920s. After World War II, the Soviet legal model also was imposed on Soviet-dominated regimes in eastern and central Europe. Later, ruling communist parties in China, Cuba, North Korea, and Vietnam adopted variations of Soviet law. Soviet law, which changed radically during its more than 70 years of development in the Soviet Union, revived certain features of earlier tsarist law, shared key elements with the law of other dictatorships, and introduced public ownership of the means of production and subordination of the legal system to the Soviet Communist Party.

  17. Sharī’ah • the fundamental religious concept of Islām, namely its law, systematized during the 2nd and 3rd centuries of the Muslim era (8th–9th centuries AD). • Total and unqualified submission to the will of Allāh (God) is the fundamental tenet of Islām: Islāmic law is therefore the expression of Allāh's command for Muslim society and, in application, constitutes a system of duties that are incumbent upon a Muslim by virtue of his religious belief. Known as the Sharī’ah (literally, “the path leading to the watering place”), the law constitutes a divinely ordained path of conduct that guides the Muslim toward a practical expression of his religious conviction in this world and the goal of divine favour in the world to come.

  18. Chinese law • the law that evolved in China over millennia from earliest times, virtually uninfluenced by foreign jurisprudence until the 20th century, when Western—especially, Western socialist—law was introduced. • The Chinese legal system incorporated elements of contradictory social philosophies of very early China—principally Confucianism and Legalism (or Fa-chia). Both arose as responses to the disorder of the Warring States period (5th to 3rd century BC), the former emphasizing traditional moral teaching (li), the latter advocating the introduction of legally stipulated punishments and rewards (fa).

  19. The Confucian ideology contained the idea of social harmony based on ordered relationships and a hierarchy of classes and persons. According to Confucianism, it was the duty of rulers and superiors to educate their subjects or subordinates in benevolent and righteous conduct that would be appropriate to particular personal relations and concrete situations and that would be expressed in proper etiquette and reinforced by rituals. Punishment might serve as a deterrent but would generally be reserved for those persons hard to educate or too obtuse to behave properly. Abstract concepts and generalizations were uncongenial to Confucianists; hence also was the idea of law.

  20. The Legalist, or Fa-chia, school advocated uniform objective standards that would be published for all to know and that would not require special gifts of character to understand or to apply; most important, these standards would be enforced by a system of defined rewards and punishments. Such standards or laws would serve the ruler as an instrument of control over his subjects. Whereas Confucianists saw punishment only as an extension of education, the Legalists opposed any cult of benevolence as softening and corrupting. Over the centuries, this opposition between conflicting principles continued.

  21. Exercises B. Partial translation • 1. on the basis of • 2. in the form of • 3. brought about • 4. as well as • 5. coexisted with

  22. Exercises Translation • 1. 民法法系作为一个自成一家的法律体系，在欧洲大陆产生并发展。在这种法律的形成过程中，殖民的影响、法学运动、以及各种重要的法典尤其是十九世纪的法典，都起了作用。 • 2. 普通法系，包括几种特有的法律传统，被认为是世界上两大法律体系之一，也是两个最有影响力的法律体系之一。 • 3. 当然，东欧和前苏联传统上被看作社会主义法律体系，这反映了其马克思列宁主义的源头和意识形态。

  23. Exercises • 4. Generally speaking, the legal system in new China develops by imitating that of the former Soviet Union and is therefore a socialist one. However, if we look into history we can still find traces of the Roman tradition. • 5. In China, court verdict, including that of the Supreme People's Court, has no binding power over the later verdict of other courts. Judges usually make their verdict based on promulgated laws.

  24. Alternative translation • 1. 作为一种独立存在的法源体系，大陆法是受欧洲大陆和一些殖民地影响而逐渐形成的，除此还有关于科学立法的运动和各种各样的法律汇编，尤其是在19世纪出现的法典，在这种法系结构的组成中起了关键的作用。 • 2.普通法法系是由一些特有的法律惯例组成的，被视为世界上两大法系之一，并且是最具影响力的两大法系之一。 • 3.东欧与前苏联被理所当然地按照传统观念归为社会主义法律体系，从中也反映出他们存在的马克思列宁主义源头和思想意识。

  25. 4.Generally speaking, the legal system of new China develops from modeling on  what former soviet union had adopted before, so it falls within socialist legal system. However, if we trace back to the history , we could find out some signs of civil law. • 5. In China, judicial decisions, including  judicatio of the supreme court, are not binding to other courts' decisions. Judges make their decisions based on the existing  statutes.

  26. and Part 3 Learning Speaking

  27. Oral Practice What effects do you imagine the following have had on crime? 1. The invention of gunpowder 2. The creation of police 3. Street lighting 4. Employment in factories 5. The payment of police 6. War 7. The discovery of fingerprints 8. Cars 9. The color of man’s skin/religion 10. The welfare state 11. Poverty

  28. Oral Practice Discussion on Prison Work with a partner and discuss the following questions: 1. What purpose do prisons fulfill in current society? What purpose should they fulfill? 2. What kinds of problems do prisoners face, both while they are in jail and after they are released? 3. Why are people sometimes tempted to take the law into their own hands? Are there any circumstances in which this is justifiable? 4. Tell us something about China prison policy as much as you can.

  29. Oral Practice Role Play Read the following newspaper stories. The class will be divided into 2 groups, one will be the prosecution and one will be the counsel for the defense. Elect three representatives in each team. After preparation, each representative will talk to his/her counterpart, in turn. Decide on the appropriate punishment for the offenders in each case; prepare to make demands, plead, justify, and negotiate.

  30. Oral Practice Role Play A young mother appeared in court yesterday. She was charged with £20 worth of food from a supermarket. The woman told the court that she had stolen the food for her children. She had lost her job and had no money. An innocent man was released from prison today after serving ten years of a thirty-year prison sentence for murder. The man had been found guilty on false police evidence. Before leaving the court, the man’s solicitor spoke to the reporters: “Thank God we don’t have capital punishment any more”, he said. A boy and a girl were in hospital yesterday after being attacked by guard dogs. They had climbed over a factory wall to fetch their football. “If they hadn’t been in the factory this wouldn’t have happened”, said the owner. “My dogs were just doing their job.”

  31. and Part 4 After-class Reading Seeing

  32. Text II Introduction to the Legal System of Canada Words: passage, penalize, tenancy Phrases: originate from / in, grant leave to appeal, fall within…jurisdiction, per se Terms: constitutional monarchy, federalism, parliamentary democracy, three readings

  33. Text II Introduction to the Legal System of Canada Outline Ⅰ. (para. 1) Introduction: regime, composition, official language and legal system of Canada Ⅱ. (para. 2-6) 5 sources of law Ⅲ. (para. 7-17) role of the legislature, executive and judiciary in the law-making process

  34. Part I Ⅰ. (para. 1) Introduction: regime, composition, official language and legal system of Canada • -regime: constitutional monarchy, federalism and parliamentary democracy • -composition: 10 provinces and 3 territories • -2 official languages: English and French • -2 legal systems: common law and civil law

  35. Part II Ⅱ. (para. 2-6) 5 sources of law • -the Canadian Constitution • -international treaties • -federal / provincial laws • -judicial opinions: case law • -custom: election

  36. Part III Ⅲ. (para. 7-17) role of the legislature, executive and judiciary in the law-making process 1. (para. 7-8) the legislature: -federal: 3 entities: the Governor General, the Senate, and the House of Commons -provincial: 2 entities: the Lieutenant Governor, the Legislative Assembly

  37. III • 2. (para. 9-10) the executive -federal: the Cabinet -provincial: the Executive Council • 3. (para. 11-17) the judiciary -the Supreme Court of Canada -federal court -provincial court: lower court ＜superior court ＜provincial court of appeal -administrative tribunal

  38. Terms • constitutional monarchy 君主立宪制 • －Monarchy is the system of government in which a single person called king or queen holds the office of head of state for life, usually by hereditary right; a monarchy is a state governed by such a system. In an absolute monarchy, the monarch rules the country personally; in constitutional monarchy s/he has no real power to govern.

  39. Terms • federalism 联邦制 • －type of government, in which the state is a federation of semi-autonomous provinces or states, with a central federal government

  40. Terms three readings 三读 一项议案要成为法律，先在下议院进行三读，然后在上议院进行三读，上议院若有修订意见，会将议案发回下议院重议，这样往返多次，最后达成一致后需取得皇室的御准后方能成为法律。

  41. Three Readings: another interpretation • 三读(three readings) 西方国家议会立法和审议议案所经过的3个程序。 源于英国，以后为许多国家所仿效。一读又称初读，即提议者宣读议案名称或要点后交有关委员会审查。二读是对委员会审查后的议案的内容和原则展开辩论，然后重交议会有关委员会研究和修正，下院再次辩论并提出修改意见。三读是进行文字修改和正式表决。

  42. Questions 1. Introduce Canada briefly in terms of provinces, languages and legal systems. 2. How many sources of law are there in Canada? What are they? 3. What do you know about the Canadian Constitution? 4. What is the role case law plays in Canada? 5. What is the role of the legislature in the law-marking process? 6. What is the role of the executive in the law-marking process? 7. What makes Quebec special in the legal system of Canada? 8. What are the duties of the Supreme Court of Canada? 9. What are the three levels of courts in the provincial system of Canada? 10. How do you define “administrative tribunals”?

  43. and Part 5 Enjoy Yourself Fun to learn

  44. Moses A burglar broke into a house one night. He shone his flashlight around, looking for valuables, and when he pick up a CD player to place in his sack, a strange disembodied voice echoed from the dark saying, "Jesus is watching YOU." He nearly jumped out of his skin, clicked his flashlight out and froze. When he heard nothing more after a bit, he shook his head, promised himself a vacation after the next big score, then clicked the light back on and began searching for more valuables. Just as he pulled the stereo out so he could disconnect the wires, clear as a bell, he heard "Jesus is watching You." Freaked out, he shone his light around frantically, looking for the source of the voice. Finally in the corner of the room, his flashlight beam came to rest on a parrot. "Did you say that?" he hissed at the parrot. "Yep," the parrot confessed, and then squawked, "I'm trying to warn you." The burglar relaxed. "Warn me, huh? Who are you?" "Moses," replied the parrot. "Moses?" the burglar laughed, "What kind of stupid people would name a parrot Moses?" "Probably the same kind of people that would name a Rotweiller Jesus"

  45. Thank you!

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