Text e Continental Systems

Continental systems are known as codified or Civil Law legal systems. They have resulted from attempts by governments to produce a set of codes to govern every legal aspect of a citizen’s life. Thus it was necessary for the legislators to speculate quite comprehensively about human behaviour rather than simply looking at previous cases. In codifying their legal systems, many countries have looked to the examples of Revolutionary and Napoleonic France, whose legislators wanted to break with previous case law, which had often produced corrupt and biased judgements, and to apply new egalitarian social theories to the law.

For You to Remember

Civil Law, or code law, is one of two major legal systems currently in use in the Western world. It is based primarily on the written codes of Justinian and Napoleon. The predominant feature of civil law is the attempt to establish a body of legal rules in one systematized code, a single comprehensive legislative en­actment. In this system, judicial decisions, case law, are not a source of law, although judicial precedents may be useful in the decision of cases. Civil Law remains the basis of the legal system in Italy, France, Spain, Germany, and other parts of the Western world that were once included in the Roman Empire.

Vocabulary

biased adj предвзятый; пристрастный; предубеждённый

canon law n каноническое право

citizenry n гражданство; граждане

consenting adj согласный

corrupt adj коррумпированный; продажный

egalitarian adj эгалитарный; уравнительный

impact n влияние, воздействие

inconsistent adj 1 непоследовательный; 2 противоречивый

judgement n 1 судебное решение; 2 мнение; суждение

judiciary n судебная власть

landmark adj знаковый (документ в истории); поворотный (в истории)

latitude n свобода действий

lawgiver n законодатель; законодательная власть

lawmaker n законодатель

legislature n законодательная власть; легислатура

lex talionis лат.“the law of retaliation” (an eye for an eye) “закон равного возмездия”, т.е. закон, основанный на принципе: око за око, зуб за зуб

speculate v размышлять; делать предположения

Reading tasks

A Answer these questions

1. How do Continental systems usually differ from common law systems?

2. Give an example of a country with a legal system based on the written codes

3. What was the significance of the Roman Code of Justinian?

4. How did the Code of Napoleon influence modern law?

5. What is the predominant feature of Civil Law?

6. What is the role of judicial precedents in Civil Law?

B Complete the following text with the words and phrases from the box.

changed binding common law civil law system

main principles judicial interpretations written codes decisions of courts

precedent private law interpret

In Civil Law system the main branches of the law are embodied in 1) ______. There are codes of criminal law, of 2) ______, of commercial law ete. The codes are meant to contain the 3) ______ of each branch of the law. They are not easily 4) ______. Scholarly writings, often by university professors, are of great impontance in 5) ______. Scholars explain and 6) ______ the codes, statutes and 7) ______ .

I common law system the decisions of judges of the higher courts are 8) ______, and much of the law is left to the courts to develop.

In Civil Law 9) ______ are based primarily on a system of written law, rather than on the rule of 10) ______ emphasized in 11) ______.

Over to you

Compare Civil Law and common law:

1. What is characteristic?

a) of Civil Law system

b) of common law system

2. What are the sources?

a) of Civil Law

b) of common law

3. Where is

a) Civil Law spread?

b) common law spread?