THE QUESTION OF LAW

Jurisprudence is the philosophy of law, or the science which deals with positive law and legal relations. The study of jurisprudence asks questions such as: What is law? Where does it come from? Why do we have it? When do we first meet it? Where have you met it? In my opinion, no nation that does not have an informed populace in jurispru­dence can be strong and free.

Fundamentally, law may be called rules governing behavior be­tween people.

Purposes for law include: to regulate human relations; to determine ownership/control of property: to fix parameters of freedom in commu­nity and relationships by restraining anarchy (for without law there is only anarchy); to produce justice. But so long as we agree and live out our agreements, we do not need written law. But when we disagree, we must have a system designed to restore us to agreement or decide be­tween us so we do not fall into blood feuds. To have a system we must recognize need for a Rule of Law.

But who decides what is or is not justice? A legislature passing laws? Public opinion directing legislators? Judges? Juries? Money? Lawyers? Yes, but No - each individual will decide, inside him, when in conflict, whether he will accept the outcome as justice or not.

Law can be spoken of in many different ways: Political, Criminal, Civil, and Equitable, or Constitutional, Statutory and Procedural. Or case precedent {stare decisis) or local custom (tradition); or in a vertical manner - international, then national, then district, then city, etc.; or re­pressive, democratic, autonomous, common, etc. Yet all law will, at times, seem arbitrary and capricious. That is because people make the decisions, not the law - the law is not self-acting. Rule of Law asks the question: "Are these decisions of people made in a framework of law, or a framework of no law?"

The problem always was, and is: What is an adequate base for law? What is adequate so that a human desire for freedom can exist without anarchy and yet be gentle enough to provide a form that will not be­come arbitrary tyranny?

Jurisprudence has to do with administration, or weighing of justice, or right values. All pronouncements of right and wrong are moral con­cerns, at their base religious. In recent years we have witnessed numer­ous marches on Washington in which one group or another demanded new "rights"; not freedom from state control but entitlement to state action, protection, or subsidy. In creating rights a state inevitably en­larges its bureaucracy. As a state creates new rights, it necessarily di­minishes some rights for others. The modern secular view holds that individuals have just such rights as laws give them. Rights must have a reference point and specific context or they are meaningless; reference point determines the nature of the right exercised, defines who pos­sesses it and sets limits to others who must respect it.

When we fail to live at peace, we need compulsion - so the law ex­ists to compel. It does this by punishment.

Man's methods of law place two people in combat against each other, using advocates (lawyers) who, in the normal setting, keep the parties separate from one another. In this, we say that we search for the truth of the case.

III. Задайте все возможные вопросы к тексту.

Вариант 2

I. Выберите правильный вариант:

1. teach

a) -ancy

b) -ing

c) - al

2. connect

a) –-al

b) –-ion

c) –-ness

3. operate

a) -ian

b) -ion

c) -ant

4. depend

a) -ing

b) -ance

c) -ion

5. teach

a) -ment

b) -er

c) -en

6. Is this your... pencil?

a) -

b) the

c) a

7. I can see three... students.

a) -

b) -the

c) -a

8. This... pencil is broken.

a) -

b) the

c) a

9). What colour is the car? – It is quite far, I can’t see … colour.

a) it

b) its

c) it's

10. … were the last words.

a) His

b) He

c) Him

11. Why are you sitting here? It is not your place, but ….

a) her

b) she

c) hers

12. These sweets are very tasty. Could you give … to me, please?

a) it

b) them

c) they

13. If there are … calls for me, can you ask to leave a message?

a) some

b) any

c) none

14. There are many good hotels in the town. You can stay at … of them.

a) no

b) any

c) no

15. I've been trying to phone her all day but … time I phone her the line is engaged.

a) every

b) all

c) any

16. He is invited to lots of parties and he goes to ….

a) everyone

b) each

c) everything

17. "The system of education is not perfect," she said. "Too …mathematics is taught at school."

a) many

b) much

c) few

18. …should be present at the meeting. A very serious question will be discussed.

a) someone

b) everyone

c) anyone

19. As the day went on, the weather got ….

a) badder

b) more bad

c) worse

20. That was the … day in my life.

a) most memorable

b) more memorable

c) least memorable

21. I know him … than you.

a) the best

b) better

c) more good

22. He is the … player in the team.

a) best

b) most good

c) better

23. Ann's … sister is still at school.

a) more younger

b) younger

c) most younger

24. We …see the lake from our bedroom window.

a) are able

b) must

c) can

25. … you speak any foreign languages?

a) could

b) must

c) can

26. We do not have much time. We …hurry.

a) should to

b) must

c) have

27. When we are in the library, we … not make any noise.

a) could

b) might

c) must

28. You can come with me if you like but you … come if you do not want.

a) could not

b) do not have

c) must not

29. She has been studying hard for the exam, so she … pass it.

a) could

b) should

c) must

30. It was a great party last night. You …have come.

a) could

b) should

c) must

31. John … speak three foreign languages.

a) can

b) may

c) must

32. You …work hard at your English, if you want to know it.

a) may

b) must

c) should

33. Mary …be in this room. It is her voice.

a) must

b) should

c) have to

34. When Mark arrived, the Johnsons …dinner, but stopped in order to talk to him.

a) were having

b) had

c) are having

35. While Tom …a book, Martha entered the room.

a) read

b) was reading

c) reads

36. The food that Ann is cooking in the kitchen …deli­cious.

a) is smelling

b) smells

c) smelt

37. We … our friends in London yesterday to tell them about our visit.

a) were calling

b) will call

c) called

38. Catherine is studying law at the university, and so … Nick.

a) is

b) does

c) was

39. I feel terrible. I think I …to be sick.

a) will

b) go

c) am going

40. My colleagues usually …four days a week.

a) work

b) will work

c) are working

41. They … the company two years ago.

a) started

b) were starting

c) have started

42. He … the Managing Director of the company since 1997.

a) was

b) has been

c) is

43. English is the main foreign language which …within most school systems.

a) teach

b) is taught

c) teaches

44. On festive occasions sweets … at the end of a meal.

a) are served

b) is served

c) is being served

45. Needless to say, hands … before and after eating.

a) must wash

b) wash

c) must be washed

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