2015-05-12
1291
A Glimpse into History
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Do you know anything about the origin of legal profession? The text below will help you to find out how legal professions started in England. Read the text and find answers to the following questions:
1) Where did a distinct class of legal specialists first appear?
2) Who could act as lawyers in the 11th century?
3) Where were the priests attached to?
4) Were there any divisions in legal profession in the 13th century?
5) What was the difference between an attorney and an apprentice?
6) What were Inns of Court known for?
7) What institution should one join if one wants to be a barrister?
A distinct class of legal specialists other than judges first appeared in the Greco-Roman civilization. But as the law became more complex, men who played an important role in public life – usually priests – found it was necessary to acquire legal knowledge.
The Roman example influenced the legal system in England. By the Norman Conquest (11th century) only people who were members of priestly orders could act as lawyers. They studied Canon Law (that is church law). But then the Common Law developed from the decisions of the Judges in the King's Courts, and it became the object of their study and practice too. Those priests who studied to practice the law were attached to certain of the City churches, where they lived. The students were sent to Westminster, where the King's Justices were located, to listen and learn.
Already in the 13th century those who intended to follow the profession of Advocate should have certain qualifications, which were reflected in some documents. There were standards and rules of the profession which was already divided into attorneys (presently solicitors) and apprentices. The title “barrister” appeared later and showed the man's status in his Inn. An attorney had to be admitted by the Mayor before practising in the City. An apprentice was forbidden to act as an attorney.
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A separate profession of lay lawyers who were not clerics appeared in late 13th century. Such lawyers needed places to live and work and to provide training to their apprentices. These were the Inns of Court. The Inns of Court have had a monopoly over legal education for a long time though in the 16th century many students joined the Inns for the purpose of getting a general education.
The system of legal education in the Inns of Court changed throughout centuries but their educational functions were resumed in the 19th century. The four Inns of Court still play a very important role in British legal education. If one wants to be a barrister, it is necessary to be a member of one of the 4 Inns of Court.
Vocabulary
To appear – появляться
Priest - священник
To acquire legal knowledge – приобретать юридические знания
To influence - влиять
The Norman Conquest - завоевание Англии норманнами (1066 г.)
Canon Law – каноническое, церковное право
Common Law – общее право
To be attached (to) – быть прикрепленным к чему-либо
To intend – намереваться, хотеть, собираться
To reflect - отражать
To divide - разделять
Apprentice – ученик, подмастерье
To admit - признавать, допускать
To forbid - запрещать
Lay lawyers – светские (не духовные) юристы
Cleric – духовное лицо
To provide – предоставлять, обеспечивать
General education – общее образование
To resume – возобновлять, продолжать
Inns of Court – «Судебные Инны» - четыре школы адвокатов в Лондоне
Tasks
1. There are many passive constructions in the text (to be + Past Participle). Underline the passive constructions in the sentences and translate into Russian.
1) Those priests who studied to practice the law were attached to certain of the City churches.
2) The students were sent to Westminster, where the King's Justices were located, to listen and learn.
3) Lawyers should have certain qualifications, which were reflected in some documents.
4) An attorney had to be admitted by the Mayor before practising in the City.
5) An apprentice was forbidden to act as an attorney.
6) Their educational functions were resumed in the 19th century.
2. Put a verb given in brackets in a proper passive form (all of them are Present):
1) The Inns of Court …. in London (to locate).
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2) The dining room ….. to the living room (to attach).
3) Our city …. into 5 administrative districts (to divide).
4) It ….. to smoke in Aeroflot planes (to forbid).
5) He …. to practice in Cambridge (to send).
6) The fact that the Earth goes round the Sun…. by most of the scientists (to admit).
3. Can you find 6 mistakes in the sentences and correct them? (Mind, that the sentences can be in Active or Passive and should make sense!)
1) They were lived in London for many years.
2) The teacher divided the students into 3 groups.
3) The legal system in England influenced by the Roman example.
4) The standards and norms of legal professions is reflected in special publications.
5) Many students are entered Universities for the purpose of getting a general education.
6) She is admit by the City Council.
7) It is necessary to have good memory and speaking abilities.
8) Services of all sorts provided by the Company.
4. The underlined words are misused. Can you replace them with proper words?
e.g. The Roman example influenced the computer system in England. – The Roman example influenced the legal system in England.
1) The 4 Hotels of Laws play a very important role.
2) Common Law is church law, and Canon Law is civil.
3) The student cried his mistake.
4) He went to read some books for his exam but fell asleep.
5) The red light of the traffic lights allows moving.
6) Special Internet cafes buy access to Internet.
7) Secondary schools in Russia provide elite education.
5. Discussion. What do you think?
1) Was it interesting to be a lawyer in the 13th century?
2) Was it easy to be an apprentice?
3) What kind of cases were lawyers involved in those times?
