UNIT I

HISTORY OF LEGAL CODES.

CONSTITUTIONS

“The Constitution does not grant rights, it recognizes them”

 «The more laws, the less justice»

Marcus Tulius Cicero

Key-Words:

Injury-…………………;______________________________________________________________

To kidnap………………;_______________________________________________________

Offender-…………..…..;______________________________________________________

Blood feud-……………..;______________________________________________________

False accuser-……………..;____________________________________________________

Amendment-………………;____________________________________________________

Natural law-………………;_____________________________________________________

Inheritance-……………….;____________________________________________________

Penalty………………………;_____________________________________________________

Revenge…………………….;_____________________________________________________

Read the key words and give the Romanian equivalents. What is your understanding of these words?
Write a sentence with each of them

Lead-in
Write down the things you know about ancient legal codes and ask questions about what
you would like to find out. Then read the text to check your information and explain the
underlined words and expressions:

Try to answer the following questions using your own knowledge on the subject:
 What is a law?
 When were the first laws registered?
 What was the role of religion in the enforcement of law?
 What do you know about different types of punishment applied for different offences?
 What offences did the first legal codes cover?
 History of legal codes. Ancient Roman and Greek laws
One of the most detailed ancient legal codes was drawn up in about 1758 B.C. by
Hammurabi, a king of Babylonia. The entire code, consisting of 282 paragraphs, was carved into
a great stone pillar, which was set up in a temple to the Babylonian god Marduk so that it could
be read by every citizen. The pillar, lost for centuries after the fall of Babylon in the 16 th century
B.C., was rediscovered by a French archaeologist in 1901 amid the ruins of the Persian city of
Susa. Hammurabi's words were still legible. The pillar is now in the Louvre museum in Paris.
The laws laid down by Hammurabi were more extensive than any that had gone
before. They covered crime, divorce and marriage, the rights of slave owners and slaves, the
settlement of debts, inheritance and property contracts; there were even regulations about taxes
and the prices of goods. Punishments under the code were often harsh. The cruel principle of
revenge was observed: an eye for an eye and a tooth for a tooth, which meant that criminals had
to receive as punishment precisely those injuries and damages they had inflicted upon their
victims. Not only murderers but also thieves and false accusers faced the death penalty. The code
outlawed private blood feuds and banned the tradition by which a man could kidnap and keep the
woman he wanted for his bride. In addition, the new laws took account of the circumstances of
the offender as well as of the offence. So a lower-ranking citizen who lost a civil case would be
fined less than an aristocrat in the same position — though he would also
be awarded less if he won. Nevertheless, Hammurabi's laws represented an advance on earlier
tribal customs, because the penalty could not be harder than the crime.

The ancient Greeks were among the first to develop a concept of law that separated
everyday law from religious beliefs. Before the Greeks most civilizations attributed their laws to
their gods or goddesses. Instead, the Greeks believed that laws were made by the people for the
people. In the seventh century B.C., Draco drew up Greece's first written code of laws. Under
Draco's code death was the punishment for most offenses. Thus, the term draconian usually
applies to extremely harsh measures. Several decades passed before Solon— poet, military hero,
and ultimately Athens' lawgiver — devised a new code of laws. Trial by jury, an ancient Greek
tradition was retained, but enslaving debtors was prohibited as were most of the harsh
punishments of Draco's code. Under Solon's law citizens of Athens were eligible to serve in the
assembly and courts were established in which they could appeal government decisions. What
the Greeks may have contributed to the Romans was the concept of “natural law”. In essence,
natural law was based on the belief that certain basic principles are above the laws of a nation.
These principles arise from the nature of people. The concept of natural law and the development
of the first true legal system had a profound effect on the modern world.
Explain the following terms in your own words:
False accuser Penalty
Criminal Debt
Victim Offender
Thief Injury

Make up sentences with four of the above mentioned terms

 Answer the following questions
 What fields were covered by the laws issued by Hammurabi?
 Do you think punishments for different offences were fair?
 What is the origin and the meaning of the term «Draconian»?
 Comment on the principle of «an eye for an eye and a tooth for a tooth»
Complete the following table with appropriate nouns or verbs

Verb Noun

to attribute

Belief

Punishment

to develop

Offence

to separate

Decision

to apply

government

to prohibit

to serve

to establish

to appeal

to refer to

Imagine you are the cruel ruler of the past-Draco. You are a leader nowadays, having
a lot of power. Make up a draft of a legal code, thus punishing modern offences with
ancient penalties.

 Those who forge documents will _______________________________________________

 Those who take or offer bribe will_______________________________________________
 Those who accuse people of false deeds will ______________________________________
 Rapists and thieves will_______________________________________________________
 Those who take the life of other people will _______________________________________
 Those who lie in a court of law will______________________________________________
 Those who betray the country will_______________________________________________
 The Bill of Rights
Amendment I-Congress shall make no
law respecting an establishment of
religion, or prohibiting the free
exercise thereof; or abridging the
The Constitution of the United States of America
freedom of speech, or of the press; or
the right of the people peaceably to
The Constitution of the United States is the supreme law of the United
assemble, and to petition the
Government for a redress of States of America. It is the framework for the organization of the United States
grievances. government and for the relationship of the federal government with the states,
citizens, and all people within the United States. The first three Articles of the
Amendment II-A well regulated
Militia, being necessary to the Constitution establish the three branches of the national government: a legislature,
security of a free State, the right of the bicameral Congress; an executive branch led by the President; and a judicial
the people to keep and bear Arms, branch headed by the Supreme Court. They also specify the powers and duties of
shall not be infringed. each branch. All unenumerated powers are reserved to the respective states and the
Amendment III-No Soldier shall, in people, thereby establishing the federal system of government. The Constitution
time of peace be quartered in any was adopted on September 17, 1787, by the Constitutional Convention in
house, without the consent of the Philadelphia, Pennsylvania, and ratified by conventions in each U.S. state in the
Owner, nor in time of war, but in a
name of "The People". It has been amended twenty-seven times; the first ten
manner to be prescribed by law.
amendments are known as the Bill of Rights.
Amendment IV-The right of the
people to be secure in their persons, The United States Constitution is the second oldest written constitution still in use
houses, papers, and effects, against by any nation in the world after the 1600 Statutes of San Marino. It holds a central
unreasonable searches and seizures, place in United States law and political culture. The handwritten original
shall not be violated, and no
Warrants shall issue, but upon
document penned by Jacob Shallus is on display at the National Archives and
probable cause, supported by Oath or Records Administration in Washington, D.C.
affirmation, and particularly
describing the place to be searched,
and the persons or things to be
seized. Answer the following questions:
Amendment V-No person shall be When was the US Constitution adopted?
held to answer for a capital, or
otherwise infamous crime, unless on Which are the three branches of the national government?
a presentment or indictment of a
Grand Jury, except in cases arising in What is the first oldest constitutional document still in use in the world?
the land or naval forces, or in the
Militia, when in actual service in time How many amendments does the constitution have and how are the first ten
of War or public danger; nor shall called?
any person be subject for the same
offence to be twice put in jeopardy of
life or limb; nor shall be compelled in
any criminal case to be a witness Study the box on the left of the page. Choose one amendment from the Bill of
against himself, nor be deprived of
Rights of the US, and argue over its veracity and necessity. State whether you
life, liberty, or property, without due
process of law; nor shall private agree or disagree with the above-mentioned. Work in pairs.
property be taken for public use,
without just compensation.
What does “We The People” mean in your own opinion? Do we have such an element in the Moldovan consciousness?

The Constitution of the Republic of Moldova

The Republic of Moldova gained its independence from Soviet Union on August 27, 1991. On
July 29, 1994 the Moldovan Parliament adopted the new Constitution of Moldova, which came into force
on August 27, 1994. This basic law enshrines democratic values and establishes a national, sovereign,
independent, unitary, indivisible and neutral state (Article 1 and Article 11). The Republic of Moldova is
a Parliamentary Republic. As the fundamental law of Republic of Moldova (Article 7), the Constitution
defines the structure of the government of Moldova, the rights and duties of the country’s citizens, the
procedure for passing laws and specifies the principle of separation of powers and balance of the
legislative, executive and judicial powers (Article 6). The unicameral Parliament represents the legislative
branch. The executive branch is represented by the President as Chief of State and Prime Minister as the
Head of Government.

The Judicial branch is composed by ordinary Courts, Courts of Appeal and the Supreme Court.
The Moldovan legal system belongs to the civil law tradition; under which, typically, only the
Constitution and other statutory legislation constitute a source of law. The Moldovan Constitution
contains specific provisions concerning the protection of intellectual property. According to Article 9,
“Property can be public or private, and it can consist of material and intellectual goods”. Moreover this
fundamental law guarantees the right of identity (Article 10), the protection of national symbols (Article
12), the secrecy of correspondence (Article 30), the freedom of expression (Article 32) and the freedom
of creation (Article 33), which can be extended to intellectual property rights

Answer the following questions:

When was the Moldovan Constitution adopted?

What does the Constitution primarily contain?

What is the Judicial branch composed of?

What does “civil law tradition” mean?

Read Article 16 from the Moldovan Constitution. State whether this principle is respected
in our country. Bring examples of cases when this principle was infringed. Relate to the
presents changes in Moldovan society.

Article 16

(2) All citizens of the Republic of Moldova are equal before the law and the public authorities, without
any discrimination as to race, nationality, ethnic origin, language, religion, sex, political choice,
personal property or social origin.
 Complete the following text about basic legal concepts using the following words and
phrases. Use each term once.

authority court govern judges law enforcement agency lawyers legal action legal
systems legislation rule the judiciary tribunal

Why do we have laws and legal syste ms ? At one level, laws can be seen as a type of________________ which is meant
to_____________ behaviour between people. We can find these rules in nearly all social organizations, such as families and sports
clubs. Law, the body of official rules and regulations, generally found in constitutions and , is used to govern a society and to
control the behaviour of its members. In modern societies, a body with_________________, such as a________________ or the
legislature, makes the law; and a_______________ , such as the police, makes sure it is observed.

In addition to enforcement, a body of expert ________________________________ is needed to apply the law. This is the role
of________________, the body of__________________ in a particular country. Of course, legal systems vary between countries, as
well as the basis for bringing a case before a court or a ________________. One thing, however, seems to be true all over the world -
starting a________________ is both expensive and time-consuming.

Solve the following problem

Law life situation and its solving:

Problem:
A very prestigious company organized a contest for the fulfillment of the open position of
Company Executive. One hundred applications were submitted for this sole position. After the
first tour of the contest, only 50 contestants remained in course. After the second , more severe
competition tour, only two applicants were left: a 30-year old woman, and a 30-year old man.
They had the same qualifications, the same merits, the same degrees, and the same marital
statuses, both were single. Still, the company hired the man for the job.
1. Why do you think the company decided to hire the man, not the woman?
2. If you were the woman, what would your further actions be?
3. What accusations can the woman bring in court against the company, in case of a trial?
4. Propose a solution to the problem.

DEBATE: At his best, man is the noblest of all animals; separated from law and justice
he is the worst.
Aristotle
 Final Vocabulary Record Sheet
WORD TRANSL NOTES
. Definition, example...