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Література:

Dwight L. Gibson, Terry G. Murphy – All about law., Canada: The Bryant Press Limited, 1984. – 706 c.

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The book I have already read is “All About Law” by Dwight L. Gibson, Terry G. Murphy and Frederick E. Jarman.

The subject of this book is the sources and the development of Canadian law. That is why, at first, we have to answer the question “What is law?”. It is concerned the minds of jurists, lawyers, and thinkers of every age. We associate the concept of law with that is just or fair or right. But what do people imagine the law to be? Started simply, law is a set of rules covering human relationships. As individuals we are free to do whatever we like – except those things that the law prohibits.

Each society’s laws reflect the different values of that society. Every country has its own laws. And every legal system has its own history. We will speak about the Canadian legal system. Well known that Canadian law is based upon the laws of France and England, the countries by which Canada was colonized. The legal systems of the two countries differ considerably. French law was, from the earliest history of France, codified and written down extensive legal texts. French law is referred to as civil law. The law of Quebec is mainly set out in the Code Civil.

English law was not codified or written down until quite late in England history. The earliest English laws were known as the common law, and represented the decision of judges trying cases. Eventually, many of these decisions were codified, and so became the foundation of statute law. Thus, the two main categories which this book discusses are the common law and statute law of England. Each of them also branches into other types of law.

Law is a very complicated system. So we have already learned about two other categories into which the great body of law can be divided are substantive law and procedural law.

Substantive law consists of the rights and duties of each person in society. Certain of these rights and duties fall under common law, others under statute law. Substantive law is further divided into public law and private law.

Procedural law outlines the way in which our rights and duties under substantive law are protected and enforced.

Public law is a subcategory of substantive law. Both common law and statute law are covered in it. Public law includes such areas of law as criminal, constitutional, and administrative law.

Private law, like public law, is a subcategory of substantive law. Both common law and statute law are included in it. Private law concerns the legal relationships between private persons, between certain organizations, and sometimes between persons and organizations.

Private law includes such areas of law as contract law, tort law, property law and family law.

A person or a group is not permitted to make a law arbitrarily in Canadian democratic society. The right to make laws must be granted. The Constitution Acts (1867, 1982) divide lawmaking power between the two levels of government: provincial and federal.

So, the above mentioned work is dedicated to the main principles of Canadian law, the ways of its development and lawmaking power in Canada.

С Л О В Н И К

юридичних термінів

1 Десять канадських провінцій це – Британська Колумбія, Альберта, Саскачевань, Манітоба, Онтаріо, Квебек, Новий Брунсвік, Нова Скотія, Острів Принца Едварда та Ньюфаундленд.

1 Хаммурапі був царем Вавілону приблизно з 1728 по 1686 р. до н. е.

1 Юстініан – Римський імператор з 483 по 565 р. до н. е.

2

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