Civil law and common law

One important theme is the relation between custom, writing and codes. In civil law system the main branches of the law are embodied in written codes, which try to be comprehensive* and clear. There are codes of criminal law, of criminal procedure, of private law, of commercial law, and perhaps others.

The codes are meant to contain the main principles of each branch of the law. Other statutes fill in the details. In fact the supplementary laws* may be as important as the codes. The codes have a special prestige. They are not easily changed.

Scholarly writing*, often by university professors, has an important place in civil law system. Scholars explain and comment on the codes, statutes and decisions of courts. Court decisions are also important, but are anonymous*. Individual judges remain in the background*.

Common law system has no codes. The decisions of judges of the higher courts are binding*, and much of the law is left to the courts to develop. When a court consists of several judges, each can express a separate opinion. Scholarly writing has some influence, and its influence is growing, but the opinion of practising lawyers — professional opinion — is more important.

Notes

comprehensive — исчерпывающий, supplementary laws - дополнительные законы scholarly writing — зд. научные работы anonymous - безымянный, анонимный in the background — на заднем плане, в тени binding - обязательные

COMMON LAW AND STATUTES

The whole of the law of England and Wales can be split* according to where it arose, that is, classified by source. The law is either made by the judges-developing principles case by case, by analogy with earlier cases, along fairly settled lines, or it is made in a broad sweep* by Parliament by means of statutes (Acts of Parliament). There is a prescribed method for the creation of a statute.

Judge-made law is called common law*. In theory it is comprised of rules which already exist and simply require pronouncement by the judge. In fact, of course, judicial creativity does exist, although it varies between judges. Acts of Parliament (statutes) sometimes enable others (e.g. ministers, local authorities) to make laws on a very restricted basis. These laws appear as 'rules' or 'regulation' or 'byelaws'* and while they are made by others

they possess the delegated authority of Parliament,. All this law made by otr on behalf of Parliament, taken together, is called legislation. Contract law* and the law of tort* are almost entirely common law while company law and the law of employment* have been created almost entirely by means of legislation.

Notes

be split — разделяться in a broad sweep — широким жестом common law — общее право byelaws — подзаконные акты contract law — договорное право law of tort — деликтное право company law — договорное право law of employment — трудовое право