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1、Chapter 9 Justice and the LawNovember, 2009 Chen Yinwen Department of Foreign Language Objectives: in this chapter we study:1. What is meant by lawn(1) definition, nature, classification and sources of lawn(2) administration of the law, focusing on the current court systemn(3) some special features
2、of the British judicial systemn(4) how justice is applied in Britain with a brief survey of different punishment . 2. Organization of the legal professionn(1) To look at the two branches of a single legal profession: the barrister and the solicitorn(2) To look at some problems raised by the systemFo
3、cal questions:nWhat are the basic principles of the legal system in England and Wales?nHow many types of courts are there in the legal system in England and Wales? What are there different functions?nWhat is “precedence”? Why is it practiced in a British court?nWhich feature of the English judicial
4、system impress you most? Why?nWhat roles do you think barristers and solicitors play in peoples daily lives?nDo you see any problems inherent in the British legal system? How do you account for these problems?A 1 Introduction Basic Principles of English LawLady Justice or Lord Justice (Justitia): Si
5、nce the Renaissance, Justitia has frequently been depicted as a matron carrying a sword and scales, and sometimes wearing a blindfold .A 1 Introduction Basic Principles of English LawA 1 Introduction Royal Court of JusticeA 1 Introduction Basic Principles of English LawQuestions for discussion: nWha
6、t are the basic principles of English Law? What does each principle mean?nWhat is the Law that is higher than man-made law? What are the criteria?nWhat kind of orders are soldiers expected to disobey? Give examples.nShould the pilot who bombarded the Chinese Embassy in Yugoslavia be punished for the
7、 atrocity? Why or why not?A 1 Introduction Basic Principles of English LawnThree basic principles of English law:The Rule of LawNatural LawNatural JusticenThe Rule of Law is an aspect of the British Constitution.nIt involves:nThe rights of individuals are determined by legal rules and not the arbitr
8、ary behavior of authorities. nThere can be no punishment unless a court decides there has been a breach of law. nEveryone, regardless of your position in society, is subject to the law. A 1 Introduction Basic Principles of English Law contnNatural Law: A system of universal moral and ethical princip
9、les that are inherent in human nature and that people can discover by using their natural intelligence (e.g., murder is wrong; parents are responsible for the acts of their minor children)nNatural Law is higher than Man-made law. Eg. Nuremberg War Crimes TrialnNatural Justice - reflections of prevai
10、ling moral view of society . Natural Law TheorynIt holds that there are universal moral principles, which are founded in “human nature.”nAny set of universal moral principles can be considered a set of natural moral law. nThese theories maintain that morality is founded upon characteristics that hum
11、an share; moral rights and obligations are determined by the limitations and possibilities that are inherent to the human nature. A 1 Introduction - Two branches of lawnCivil law - defines and enforces the duties or obligations of persons to one another.nCriminal law - by contrast, defines and enfor
12、ces the obligations of persons to society as a whole.A 1 Introduction Four Sources of British LawnCommon Law decided by judges, their decisions in cases being arrived at after considering the customs and practices of the people involved. This kind of law has evolved long before Parliament became the
13、 main law-making body. nStatute Law made by Parliament nCase Law has evolved through decisions in actual trialsnEuropean Union lawA 1 The Supremacy of ParliamentnParliament can pass, repeal and alter any of Britains laws. This is one of the major powers that a government has .nParliament also has th
14、e power after going through its own parliamentary processes of altering its own laws.nIn theory there is no body that can declare a law passed by Parliament as unconstitutional - though the full impact of the European Court is not yet known.nBut decisions of the European Court must be accepted in UK
15、. A 2 Structure of the CourtsnCriminal if they maintain the highest of standards in all areas, they cannot be touched by the government if they come to a decision that is against a government act nThose in the judiciary are paid out of the Consolidated Fund so that they are free of annual parliament
16、ary criticism, which might be used to mould future judicial decisionsnAll judges except for the Lord chancellor are independent of the political systemnProfessionals and lay people are used in the judicial systemA 4 Inside the Courts cont nWhat are the qualifications for judges?nWhere do magistrates come from? What are their jobs? How important are they?
