Page 155 - 6205
P. 155
legislators wanted to break with previous (прецедентне право), which
had often produced corrupt and biased judgements, and to apply new
egalitarian social theories to the law. Nineteenth century Europe also saw
the decline of several multi-ethnic empires and the rise of nationalism. The
lawmakers of new nations sometimes wanted to show that the (юридичні
права) of their (громадян) originated in the state, not in (місцеві звичаї),
and thus it was the state that was to make law, not the courts. In order to
separate the roles of the (законодавчої та судової влади), it was
necessary to make laws that were clear and comprehensive. The
lawmakers were often influenced by the model of the (канонічного
права) of the Roman Catholic Church, but the most important models
were the codes produced in the seventh century under the direction of the
Roman Emperor Justinian. His aim had been to eliminate the confusion of
centuries of inconsistent lawmaking by formulating a comprehensive
system that would entirely replace existing law. Versions of (Римського
права) had long influenced many parts of Europe, including the case law
traditions of Scotland, but had little impact on English law.
It is important not to exaggerate the differences between these two
traditions of law. For one thing, many (систем прецедентного права),
such as California's, have areas of law that have been comprehensively
codified. For another, many countries can be said to have belonged to the
Roman tradition long before codifying their laws, and large uncodified -
perhaps uncodifiable - areas of the law still remain. French (публічне
право) has never been codified, and French courts have produced a great
deal of case law in (тлумаченні) codes that become out of date because of
social change. The clear distinction between legislature and judiciary has
weakened in many countries, where courts are able to challenge the
(конституційна законність) of a law made by (парламетом).
Task 8. Change the sentence by choosing appropriate synonyms to the
words in bold type.
The Law of Rome
As a legal system, Roman law has affected the development of law
in most of Western civilization as well as in parts of the East.
The term Roman law today often refers to more than the laws of
Roman society. In a large part of Germany, until the adoption of a
common code for the whole empire in 1900, the Roman law was in force
as “subsidiary law”; that is, it was applied unless excluded by contrary
151