Переведите текст 2. each country in the world has its own system of law. however, it is generally true to say that there are two main tra- ditions of law in the world. one is based on english сommon law, and has been adopted by most of the united states. the other tradition, sometimes known as сontinental, or roman law, has developed in most of continental europe, latin america and many countries in asia and africa which have been strongly influenced by europe. 3. common law, or case law systems, particularly that of england, differ from сontinental law in having developed grad- ually throughout history, not as a result of government attempts to define or codify every legal relation. customs and court rulings have been as important as statutes (government legislation). judges do not merely apply the law, in some cases they make law, since their interpretations may become prece- dents for other courts to follow. 4. before william of normandy invaded england in 1066, law was administered by a series of local courts and no law was common to the whole kingdom. the norman kings sent travel- ling judges around the country and gradually a “common law”developed, under the authority of three common law courts in london. judges dealt with both criminal cases and civil dis- putes between individuals. although local and ancient customs played their part, uniform application of the law throughout the country was promoted by the gradual development of the doc- trine of precedent. 5. by this principle, judges attempted to apply existing cus- toms and laws to each new case, rather then looking to the gov- ernment to write new laws. if the essential elements of a case were the same as those of previous recorded cases, the judge was bound to reach the same decision regarding guilt or inno- cence. if no precedent could be found, then the judge made a decision based upon existing legal principles, and his decision would become a precedent for other courts to follow when a similar case arose. the doctrine of precedent is still a central feature of modern common law systems. courts are bound by the decisions of previous courts unless in can be shown that the facts differ from previous cases. sometimes governments make new laws — statutes — to modify or clarify the common law, or to make rules where none existed before. but even statutes often need to be interpreted by the courts in order to fit par- ticular cases, and these interpretations become new prece- dents. in common law systems, the law is, thus, found not only in government statues, but also in the historical records of cases.6. another important feature of the common law tradition is equity. by the fourteenth century many people in england were dissatisfied with the inflexibility of the common law, and a practice developed of appealing directly to the king or to his chief legal administrator, the lord chancellor. as the lord chan- cellor’s court became more willing to modify existing common law in order to solve disputes, a new system of law developed alongside the common law. this system recognized rights that were not enforced as common law but which were considered “equitable”, or just, such as the right to force someone to fulfil a contract rather than simply pay damages for breaking it. the courts of common law and of equity existed alongside each other for centuries. if an equitable principle would bring a dif- ferent result from a common law ruling on the same case, then the general rule was that equity should prevail. in 1873, the two systems were unified, and nowadays a lawyer can pursue com- mon law and equitable claims in the same court.

51bai    3   03.09.2019 02:30    3