Presentation on theme: "Unit 3 Legal Systems Text I Introduction to Legal Systems"— Presentation transcript:
1Unit 3 Legal Systems Text I Introduction to Legal Systems -To learn about the 4 major types of legal systems in the worldText II Introduction to the Legal System of Canada-To learn the legal system of CanadaText III Case Reading-To read a case concerning the liability of Internet Service Providers
2Text 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 ownershipProper names:Code of Justinian, Napoleonic codes, Norman Conquest, Bolshevik Revolution
3Text I Introduction to Legal Systems OutlineⅠ. (para. 1) Introduction: 4 types of legal systems & their distributionⅡ. (para. 2-7) 4 types of legal systems1. (para. 2-3) Romano-Germanic / civil / continental legal system2. (para. 4) common-law / Anglo-American legal system3. (para. 5-6) socialist legal system4. (para. 7) Islamic legal system
4Questions 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?
5Representatives 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, IndiaSocialist legal system: China, Cuba, North Korea, Vietnam4. Islamic legal system: Middle East countries: Egypt, Jordan, Lebanon, Syria, Turkey, Iran, Iraq,…
6Questions 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?
7Sources of law in each system 1. Romano-Germanic / civil / continental legal system—major source: Codes: Roman civil law (Code of Justinain); Napoleonoic codes---customary law2. common-law / Anglo-American legal system—major source: judge-made law / case law3. socialist legal system—major source: legislation4. Islamic legal system—major sources: Koran, Sunna, judicial consensus, analogical reasoning—subsidiary sources: custom, judge’s preference, requirements of public interest
8Language 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.
9Legal systems (from Encyclopaedia Britannica) civil lawalso 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.
10common lawalso 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.
11Soviet lawalso 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.
12Sharī’ahthe 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.
13Chinese lawthe 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).
14The 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.
15The 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.
16Exercises B. Partial translation 1. on the basis of 2. in the form of 3. brought about4. as well as5. coexisted with
18Exercises4. 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.
204.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.
21Text II Introduction to the Legal System of Canada Words: passage, penalize, tenancyPhrases: originate from / in, grant leave to appeal, fall within…jurisdiction,per seTerms: constitutional monarchy, federalism, parliamentary democracy,three readings
22Text II Introduction to the Legal System of Canada OutlineⅠ. (para. 1) Introduction: regime, composition, official language and legal system of CanadaⅡ. (para. 2-6) 5 sources of lawⅢ. (para. 7-17) role of the legislature, executive and judiciary in the law-making process
23Part IⅠ. (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
24Part II Ⅱ. (para. 2-6) 5 sources of law -the Canadian Constitution -international treaties-federal / provincial laws-judicial opinions: case law-custom: election
25Part IIIⅢ. (para. 7-17) role of the legislature, executive and judiciary in the law-making process1. (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
26III 2. (para. 9-10) the executive -federal: the Cabinet -provincial: the Executive Council3. (para ) the judiciary-the Supreme Court of Canada-federal court-provincial court: lower court ＜ superior court ＜ provincial court of appeal-administrative tribunal
27Terms 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.
28Termsfederalism 联邦制－type of government, in which the state is a federation of semi-autonomous provinces or states, with a central federal government
29Terms 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。
31Text IIIwords and legal terms: forgery, libel / libelous, be defamatory of sb, allegedly, for the purposes of, within the meaning ofThe case citation is: Godfrey v Demon Internet Ltd, QBD,  4 All ER 342,  3 WLR 1020;  QB 201
32ConclusionIn my judgment the defamatory posting was published by the defendant and, as from 17 January 1997 it knew of the defamatory content of the posting, it cannot avail itself of the protection provided by s 1 of the 1996 Act and its defence under s 1 is in law hopeless. Therefore the plaintiff's summons to strike out succeeds. With regard to the defendant's application to amend the defence I make no definitive ruling but indicate that it is likely to succeed. It may also be helpful to suggest that on the basis of the proposed amended defence any award of damages to the plaintiff is likely to be very small.
33Demon settles internet libel case Demon Internet faces a legal bill of around £500,000 after settling its long-running libel case about malicious messages posted to its newsgroup servers.In an out of court settlement, physicist Dr Laurence Godfrey will be paid damages and costs by Demon.The ISP must pay £15,000 damages plus legal costs, estimated at £230,000. Including its own costs, Demon's bill is likely to approach £500,000.
34controversyThe case creates a dilemma for ISPs because if they screen submissions or suspend websites, which would in any case be technically difficult, they could inflame the debate over freedom of expression or damage internet-based businesses.