Прочитайте текст и выполните задания. The Law and the Family 1. Beyond the mere function of providin...: ответ на тест 884777 - Английский язык

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The Law and the Family
1. Beyond the mere function of providing a new generation of children, the family is often promoted for its moral contribution to society. Despite a growing labor shortage, the Japanese government has passed very little legislation challenging the assumption that mothers should stay at home rather than go out to work. In Ireland, which is strongly influenced by the doctrines of the Catholic Church, divorce remains illegal.
2. In some societies the family is thought to be so important that there is very little legal intervention in family life. In many Islamic countries, for example, fathers, brothers and sons are allowed considerable authority over the females in their family. As late as the 1970s, the male head of the household in Switzerland was deemed to represent the interests of everyone within that household, and, consequently, none of the women could vote in national elections.
3. But in many parts of the world, the law now promotes the rights of individuals within the family unit, and regulates family relations through legislation. Raised from the taxes of the working population as a whole, child benefit is paid directly to the mother, and retirement pensions are paid to grandparents, so that they are less dependent upon financial support from a family member. In Sweden, parents can be prosecuted for physically punishing their children and children have a limited capacity to divorce their parents. In Britain, as in many countries, there are special family courts with very strong powers to control and transfer private property in the interests of children. Much of the work of other courts is also directly relevant to family life.
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The Law and the Family
1. Beyond the mere function of providing a new generation of children, the family is often promoted for its moral contribution to society. Despite a growing labor shortage, the Japanese government has passed very little legislation challenging the assumption that mothers should stay at home rather than go out to work. In Ireland, which is strongly influenced by the doctrines of the Catholic Church, divorce remains illegal.
2. In some societies the family is thought to be so important that there is very little legal intervention in family life. In many Islamic countries, for example, fathers, brothers and sons are allowed considerable authority over the females in their family. As late as the 1970s, the male head of the household in Switzerland was deemed to represent the interests of everyone within that household, and, consequently, none of the women could vote in national elections.
3. But in many parts of the world, the law now promotes the rights of individuals within the family unit, and regulates family relations through legislation. Raised from the taxes of the working population as a whole, child benefit is paid directly to the mother, and retirement pensions are paid to grandparents, so that they are less dependent upon financial support from a family member. In Sweden, parents can be prosecuted for physically punishing their children and children have a limited capacity to divorce their parents. In Britain, as in many countries, there are special family courts with very strong powers to control and transfer private property in the interests of children. Much of the work of other courts is also directly relevant to family life.
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International Law
1. The legal process that concerns relations among nations is called international law. International law serves the international community; international law is about the relations between independent states. It treats them as equals, whatever their population, wealth and power. International law aims at stability in international life and the encouragement of trade and other contacts between states.
2. International law is almost wholly based on custom. The precedents on which it rests are the acts of independent governments in their relations with one another, including treaties and conventions. Behind many of its rules is only a moral sanction: the public opinion of the civilized world. When treaties or conventions are involved, however, machinery to enforce them exists – either an arbitration or conciliation procedure or the submission of the dispute to a regional or international court.
3. A body of rules and principles is observed or at least acknowledged in international relations. These rules concern such matters as territorial titles and boundaries, use of the high seas, limits on war, telecommunication, diplomatic and consular exchange, and use of air space. The major sources of international law on these matters are multilateral treaties, international custom, and such general principles recognized by civilized nations. The United Nations is one of the primary mechanisms that articulate and create international law. The General Assembly and other agencies of the UN bring a combination of diplomacy, negotiation and propaganda to bear on world affairs in ways that produce effective international treaties and affect world opinion. Certain courts also have indirect impact, including the International Court of Justice. Domestic courts in various nations at times also engage in the articulation of international law.
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Federalism
1. State power has three main branches: legislative, executive and judicial. The legislature makes laws; the executive enforces the laws and governs the country; the judges decide disputes that come before them and in doing so interpret the law and apply it to the facts of the case they have to judge.
2. State power can also be divided upon a geographical basis. The system for doing this is called federalism. In a federal state there is a federal government, legislature and courts. There are also regional governments, legislatures and courts. Both may get their powers from a written constitution .Powers to make laws, to govern and to judge are each divided between the federal state and the regions. The regions go by different names in different countries (states, provinces, lands, cantons, republics).
3. One reason for dividing power in this way is that the country is too large to be governed conveniently from a single centre (the USA). Another is that its regions vary in language or culture (Switzerland, India, Canada). A third is that a central government might be too powerful if it was not balanced by regional governments with some independent powers (Germany, the USA).
4. In a typical federation defense and foreign policy belong to the federal government, education to the regions, and the power to tax is divided between the two. So the federation and the regions may both have power to make laws on similar subjects. Since each region has its own independent powers and courts, it has its own regional legal system, alongside the federal legal system. If the federation also separates the law-making, governing and judging functions the law becomes very complicated and expensive. But they allow a country to hold together when otherwise it would fall apart.
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Checks and Balances
1. The U.S. Constitution establishes three branches for the federal government: executive, legislative, and judicial. The three branches work together to help the country. Each branch has its own responsibilities and powers. No branch has more power than the other branches. They have balanced powers. Each branch has separate duties to check the powers of the other branches.
2. When a new state – the USA – was born, the Founders of the state thought that if there was no balance of power among different branches of government it would lead to tyranny. The problem was how to create a system of government with balanced powers. That’s why James Madison (1751 – 1836) favored the constitution that limited government by means of a) separation of powers; b) a system of checks and balances, where checks – limitation of the duties of each branch, and balances – separate powers to each branch.
3. Congress has the power to make laws, but the President may veto any act of Congress. Congress, in its turn, can pass a law over a veto by a two-thirds vote in each house. Congress can also refuse to provide funds requested by the President. The President can appoint important officials of his administration, but they must be approved by the Senate. The President also has the power to name all federal judges: they, too, must be approved by the Senate.
4.  The system of checks and balances makes compromise and consensus necessary. This system protects against extremes. It means, for example, that new presidents cannot radically change governmental policies just as they wish.
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Criminal Procedure
1. Criminal procedure, also called the criminal process, is the mechanism through which crimes are investigated, the guilt of criminals adjudicated, and punishment imposed. Criminal procedure makes the criminal law work. Criminal law defines what conduct is criminal and prescribes the punishment for criminal conduct. Criminal procedure aims to make sure that criminal sanctions are applied only to those who are guilty, and only through procedures that are recognized as fair. One goal of the criminal process is to punish the guilty, but other goals are to protect the innocent and to ensure that even the guilty are protected from abuse by the government.
2. The stages in criminal procedure are investigating, prosecuting, trying, deciding guilt, sentencing and carrying out the sentence. Different bodies can be given one of these jobs. For example, the police can be in charge of investigating the crime; a prosecution service of prosecuting; the judges of presiding over the trial; a jury of deciding whether to convict; an appeal court of settling whether the trial was fair; a prison service of carrying out the sentence if the suspect is convicted and sentenced to prison.
3. No one authority (police, prosecution, judge, jury, prison service) should have too much power. State powers should be sliced up, and the slices should be able to keep a check on one another. The police will not be able to prosecute unless they can persuade the prosecution service that there is a strong case. The judge will if necessary rule at the trial that the prosecution has not produced enough evidence. If the jury think the judge has shown bias during the trial they will probably acquit the suspect even though they might otherwise convicted him. If the suspect is convicted but thinks the procedure has been unfair he can persuade the government to advise the head of state to pardon him.
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