Legislation Course

First year Master Linguistics & Literature

Lecturer :Dr.Mohamed Koudded
The Question of Law
Fundamentally, law may be called rules governing behaviour between people. In all
societies, relations between people are regulated by prescriptive laws. Some of them are
customs - that is, informal rules of social and moral behaviour. Some are rules we
accept if we belong to particular social institutions, such as religious, educational and
cultural groups. And some are precise laws made by nations and enforced against all
citizens within their power.
Purpose for law include: to regulate human relations, to determine ownership
control of property, to fix parameters of freedom in community and relationships by
restraining anarchy (for with put law there is always anarchy); to produce justice.
But so long as we agree and live out our agreements, we do not need written law. But
when we disagree, we must have a system designed to restore us to agreement or
decide between us so we do not fall into blood feuds. To have a system we must
recognize need for a Rule of Law.
The problem always was, and is: What is an adequate base for law? All law will, at
times, seem arbitrary and capricious. That is because people make the decisions, not the
law - the law is not self-acting. Jurisprudence has to do with administration, or weighing
of justice, or right values.
In creating rights a state inevitably enlarges its bureaucracy. As a state creates
new rights, it necessarily diminishes some rights for others. The modern secular view
holds that individuals have just such rights as laws give them.
When we fail to peace, to observe the rules of law, we need compulsion. The Law
does it by punishment, with five justifications: reformation, restraint, retribution,
general deterrent, specific deterrent
 Legislation Course
First year Master Linguistics & Literature
Lecturer :Dr.Mohamed Koudded
Ex. 4. Fill in the blanks, using the words from the box.
the jungle, robbed, kidnapped, customs, laws,
to protect, rely on, fear, prescribe, imperfect

Every country has its ............ That's perfectly true. When I first came to a tiny Italian
village I was shocked: everyone was smiling and waving at me. The ......... of hospitality
......... local people to ....... the foreigners from any trouble. In daylight and even at night you
can go out without ........ of being ....... or ........ Though the Italian laws are ... like all the
laws, in the country you can ... open-heartedness and every possible support of the natives.
The law of... is for huge industrial cities.

Match the words on the left with the correct definition on the right.
1) jurisprudence a) law dealing with private rights of citizens, not
with crime
2) criminal law b) punishment for wrongdoing
3) civil law c) the branch of law dealing with crimes and their
punishment
4) felony d) recognised and permitted by the law
5) misdemeanor e) accuse
6) murder f) violent and sudden attack
7) penalty g) the study of law and legal philosophy
8) assault h) major serious crime, e.g. murder, armed
robbery, arson
9) responsibility i) legal offence less serious than a felony
10) charge j) prosecution of a claim in a law court
11) lawsuit k) unlawful killing of a human being on purpose
12) legal l) duty