Hello. I want to tell you about history of law. Because this is very important theme for me. Legal history or the history of law is the study of how law has evolved and why it changed. Legal history is closely connected to the development of civilizations. Ancient Egyptian law, dating as far back as 3000 BC, had a civil code that was probably broken into twelve books. It is amazing!!! Ancient India and China represent distinct traditions of law, and had historically independent schools of legal theory and practice. The eastern Asia legal tradition reflects a unique blend of secular and religious influences. Japan was the first country to begin modernizing its legal system along western lines, by importing bits of the French, but mostly the German Civil Code. Roman law was heavily influenced the development of modern law.
There are many great people among jurists and historians of legal process . Twentieth century historians have viewed legal history in a more contextualized manner more in line with the thinking of social historians. They have looked at legal institutions as complex systems of rules, players and symbols and have seen these elements interact with society to change, adapt, resist or promote certain aspects of civil society. That's why I want to be a lawyer. Every lawyer is required to protect the law. The legal profession is very popular and highly paid today.
To finish my story I would like to tell you that human rights are the most important thing in our lives.
Historical beginning , an inextricable link with the past his fortune made ??mainly property rights and legal institutions. The task of law in society - to ensure stable once its existence according to the accepted rules , so right conservative in nature. But the same social task forces the right to change, to adapt to the new conditions of life , to acquire new traits , sometimes a little similar to his former quality , otherwise function even retaining its shape unchanged . Understand the patterns and randomness of such changes and adaptations , to understand the richness of the content or other legal rules or institution (eg , property, crime , punishment) , sometimes even establish the existence of a rule that you create more than one year , but for decades or centuries , this rule or Institute can only legal history . She - a natural extension of the general methods of studying such a complex , independent and largely independent from other aspects of social life , organically (ie, by their own rules and maybe even laws ) developing phenomenon as the state and law.
"With three points of view to explore its jurisprudence , - noticed one of the prominent lawyers and legal historians Russia early XX century. FV Taranovsky - from the point of view of history, dogma and policy law. These three views are consistent with the natural human interest to the ever-flowing and moving public life : man seeks to understand the past in order to comprehend and guide present and future lay better ways . " Purely legal methods can only set the value of the rule (eg , biblical moral and legal precepts , " Thou shalt not kill " or " Thou shalt not steal ! "). But to understand the content of the rules and requirements arising from it to conduct, or prohibitions of permissions , you can only learn how to apply the rules of life (for example, that a violation of its possible and even usual, but punishable , or that the punishment , though necessarily implied but not always catches the culprit.) Legal for purposes of the study becomes historical in content and methods .
Virtually any of the known history of political and legal communities and legal right to establish (institutions ) are not having one at some point , even revolution , changing the political power, are not able to do it all at once in the state tradition and law. In the majority of communities at the same time , the rules and legal traditions apply legal acts and laws which were created decades , even centuries . In such cases, the existing law is faced with the need to properly understand , interpret the meaning of long-accepted document. Since, as noted just one of the old French lawyers, "no legislation does not give a full explanation about myself ." History of law becomes an extension of the abstract and independent legal reception - the interpretation of law.
Becoming an integral part of the practice of law , the history of state and law assumes additional theoretical problem . They consist in the fact that: (1 ) understand the origins and legal background of the current state of the organization and the state of law, (2) to see the historical continuity of development and degree of continuity, (3) to understand the causes and social factors and in what proportion determined the development rights and legal institutions , (4) to find out , in fact, forms and techniques , which the state and the right to organize themselves and , through them , influence on society.
"History and the right is closely vzaimoperepleteny , - said one of the modern jurists - and modern historians seek to highlight the rights of non-legal aspects and hidden incentives for the development rights . The role of the history of law is not limited to so within their own subject. It contributes to a critical evaluation of legal policy , which ultimately is the main goal of comparative jurisprudence . "
Вопрос № 1. Составьте высказывание на английском языке по теме «История права». (15-20 предложений)
Legal thought and practice of legislative regulation of public life originate during the formation of Kievan Rus. Old Russian main source of law - Russian Pravda (9- 13.In the . ) . Old Russian legal collection is preserved only in the "list" ( copies ) XIV, XV centuries and later time . Historians attribute it even to the VII century . However, most modern scholars associated with the name of the Most Ancient Truth Kievan Prince Yaroslav the Wise. The approximate time of its creation in 1019 - 1054gg . Russian Pravda norms were gradually codified Kievan princes on an oral tribal law, with the inclusion of moments Scandinavian and Byzantine law , as well as the influence of the church . Influence can be traced in the following code right monuments : Novgorod Judicial Charter , Pskov Judicial Charter in 1467 , the Moscow Law in 1497 , the Lithuanian Statute Casimir IV - 1468 , Lithuanian Statute of 1588 .
In the XVI century in Russia there is a strong ideological justification of the autocratic state and central authorities .
In 1497 during the reign of Ivan III was adopted by the first legal code of the Russian state - of Law . Law in 1497 based on the previous legislation. Sources of this legal act were:
Russian truth and its wording.
Pskov Judicial Charter .
Charters - regulations issued by the supreme authority in local governance .
Judicial Charter - decisions on the Judiciary conferred individual localities and containing , in addition, some of the rules of civil and criminal law.
Court decisions on specific issues.
In Law in 1497 , as well as any feudal code of laws , the law setting out without a clear system , causally (ie, for every occasion , going in particular) , openly defining the privileges of the ruling stratum of the population . However, there has been some systematization of material that did not know the previous laws .