Серия
«КЛАССИЧЕСКИЙ
УНИВЕРСИТЕТСКИЙ УЧЕБНИК»
основана в 2002 году по инициативе ректора
МГУ им. М. В. Ломоносова
академика РАН В. А. Садовничего
и посвяшена
250-летию
Московского университета
КЛАССИЧЕСКИЙ
УНИВЕРСИТЕТСКИЙ УЧЕБНИК
Редакционный совет серии
Председатель совета
ректор Московского университета
В. А. Садовничий
Члены совета:
Виханский О. С., Голиченков А. К., Гусев М. В.,
Добренькое В. И., Доннов А. И., Засурский Я. Н.,
Зинченко Ю. П. (ответственный секретарь),
Камзолов А. И. (ответственный секретарь),
Карпов С. П., Касимов Н. С., Колесов В. П.,
Лободанов А. П., Лунин В. В., Лупанов О. Б.,
Мейер М. С., Миронов В. В. (заместитель председателя
Михалев А. В., Моисеев Е. И., Пушаровский Д. Ю.,
Раевская О. В., Ремнева М. Л., Розов Н. X.,
Салеикий А. М. (заместитель председателя),
Сурин А. В., Тер-Минасова С. Г.,
Ткачук В. А., Третьяков Ю. Д., Трухин В. И.,
Трофимов В. Т. (заместитель председателя), Шоба С. А
МОСКОВСКИЙ ГОСУДАРСТВЕННЫЙ УНИВЕРСИТЕТ
имени М. В. Ломоносова
Факультет иностранных языков
Кафедра английского языка для гуманитарных факультетов
Ю.Л. Туманова, В.А. Королева-МакАри,
М.Л. Свешникова, Е.В. Тихомирова
THE BEST
OF JUST ENGLISH
JUST ENGLISH. АНГЛИЙСКИЙ ДЛЯ ЮРИСТОВ.
БАЗОВЫЙ КУРС
JUST ENGLISH. 101 TEXTS ON LAW.
ДЛЯ БУДУЩИХ ЮРИСТОВ
JUST ENGLISH. CLONES ARE COMING.
THEORIES, FACTS AND OPINIONS FOR DISCUSSION
Учебное пособие для юридических ВУЗов
под ред. Т.Н. Шишкиной
Издательство «Зерцало»
Издательство Московского университета
2004
УДК 811.111
ББК 81.2 Англ-923
Печатается
по решению Ученого совета
Московского университета
Рекомендовано
Советом по правоведению и Советом по иностранным языкам УМО
университетов России в качестве учебного пособия
для высших юридических учебных заведений
Рецензенты:
доктор филологических наук, профессор С.Г. Тер-Минасова
доктор юридических наук, профессор Н.А. Крашенинникова
доктор филологических наук, профессор О.В. Александрова
Художники А.Л. Егоров, Б.М. Левина, Е.А. Павлович
Корректор М.К. Туманова
Компьютерная верстка А.В.Плотников
The Best of Just English. Английский для Юристов. 4.1: Just English.
Английский для юристов. Базовый курс. Туманова Ю.Л., Королева-
МакАри В.А., Свешникова М.Л., Тихомирова Е.В. 4.2: Just English.
101 Texts on Law. Для будущих юристов. Туманова Ю.Л., Королева-
МакАри В.А., Свешникова М.Л., Тихомирова Е.В. Ч.З: Just English. Clones
are Coming. Theories, Facts and Opinions for Discussion. Туманова Ю.Л.,
Королева-МакАри B.A. / Под ред. Т.Н. Шишкиной. — М.: ЗЕРЦАЛО,
2004. — 512 с. (Классический университетский учебник)
ISBN 5-8078-0096-6
В данном издании под одной обложкой собраны наиболее популярные
учебные пособия серии Just English, широко используемые на юридических
факультетах и в ВУЗах России и СНГ.
Пособие рассчитано на широкую аудиторию специалистов, изучающих
английский язык в связи с правовой специальностью.
Материалы сборника позволяют овладеть правовой лексикой, на инте-
ресном и аутентичном материале изучить основные понятия юриспруденции,
узнать об истории и функционировании государственных, политических и
судебных структур Великобритании и США, а также развить столь необходи-
мые для юриста-профессионала навыки анализа текста и ведения дискуссии.
Издание подготовлено профессорско-преподавательским составом факуль-
тета иностранных языков МГУ им. М.В. Ломоносова на основе учебной про-
граммы курса английского языка для юридических ВУЗов.
УДК 811.111
ББК 81.2 Англ-923
© Коллектив авторов, 2003
© Издательство “Зерцало”, 2003
© МГУ им. М. В. Ломоносова,
ISBN 5-8078-0096-6	художественное оформление, 2003
Предисловие
Уважаемый читатель!
Вы открыли одну из замечательных книг, изданных в серии
«Классический университетский учебник», посвяшенной 250-летию
Московского университета. Серия включает свыше 150 учебников и
учебных пособий, рекомендованных к изданию Учеными советами
факультетов, редакционным советом серии и издаваемых к юбилею
по решению Ученого совета МГУ.
Московский университет всегда славился своими профессорами
и преподавателями, воспитавшими не одно поколение студентов,
впоследствии внесших заметный вклад в развитие нашей страны,
составивших гордость отечественной и мировой науки, культуры и
образования.
Высокий уровень образования, которое дает Московский уни-
верситет, в первую очередь обеспечивается высоким уровнем напи-
санных выдающимися учеными и педагогами учебников и учебных
пособий, в которых сочетаются как глубина, так и доступность
излагаемого материала. В этих книгах аккумулируется бесценный
опыт методики и методологии преподавания, который становится
достоянием не только Московского университета, но и других уни-
верситетов России и всего мира.
Издание серии «Классический университетский учебник» нагляд-
но демонстрирует тот вклад, который вносит Московский универси-
тет в классическое университетское образование в нашей стране и,
несомненно, служит его развитию.
Решение этой благородной задачи было бы невозможным без
активной помоши со стороны издательств, принявших участие в
издании книг серии «Классический университетский учебник». Мы
расцениваем это как поддержку ими позиции, которую занимает
Московский университет в вопросах науки и образования. Это слу-
жит также свидетельством того, что 250-летний юбилей Московско-
го университета — выдающееся событие в жизни всей нашей стра-
ны, мирового образовательного сообщества.
Р\
Ректор Московского университета	' J-
академик РАН, профессор	В. А. Садовничий
ОБ АВТОРАХ
Авторы учебного пособия “The Best of Just English. Английский для
юристов” на протяжении многих лет занимаются преподавательской дея-
тельностью на юридическом факультете Московского Университета им.
М.В.Ломоносова. Опубликовали ряд учебных пособий по английскому язы-
ку для юридической специальности. Приняли участие в международном
проекте с университетом г. Ковентри (Великобритания) по созданию курса
английского языка для гуманитарных ВУЗов. В 2000 году удостоены пре-
мии им. И.И.Шувалова за серию учебных пособий Just English. Организато-
ры Всероссийского научно-практического семинара “Английский язык для
юристов. Оригинальные учебники и методики”. Как медиаторы интернацио-
нальных связей создали международный гуманитарный проект “Just English.
War on Terror ”.
Шишкина Татьяна Николаевна — Доцент факультета иностранных
языков, кандидат филологических наук. Руководит кафедрой английско-
го языка для гуманитарных факультетов МГУ им. М.В.Ломоносова, самой
большой языковой кафедрой в Московском Университете. Татьяна Никола-
евна — неоднократный участник международных проектов в области пре-
подавания иностранных языков. Автор многочисленных учебных пособий и
научных работ. Ответственный редактор серии Just English.
Туманова Юлия Леонидовна — Доцент факультета иностранных
языков МГУ, кандидат социологических наук. Работает на кафедре англий-
ского языка для гуманитарных факультетов МГУ с 1989 г. Юлия Леонидов-
на ведет занятия на юридическом факультете, а также занимается научно-
исследовательской работой по теории и практике межкультурных коммуни-
каций. В центре исследовательской деятельности — социолингвистические
аспекты политической корректности в России, Великобритания и США.
Юлия Леонидовна—автор сайта www.just-english.ru, координирует его web-
дизайн и осуществляет информационную поддержку. Является руководите-
лем творческого коллектива Just English.
Королева-МакАри Владилена Анатольевна — Магистр диплома-
тии и права юридического факультета университета г. Ковентри. Препода-
вала английский язык на переводческом факультете Московского Институ-
та Иностранных языков им. Мориса Тореза и на юридическом факультете
МГУ. В настоящее время Владилена Анатольевна преподает русский язык в
Об авторах
VII
Великобритании специалистам ведущих фирм Лондонского Сити в области
экономики и права. Ведет занятия на факультете гуманитарных наук (ка-
федра иностранных языков) Кингстонского Университета. Занимается раз-
работкой методологии преподавания русского языка как иностранного в ан-
глоязычной среде.
Свешникова Мария Леонидовна — Старший преподаватель кафед-
ры английского языка для гуманитарных факультетов МГУ им. М.В.Ломо-
носова. Ведет научно-методическую и преподавательскую работу на юри-
дическом факультете МГУ. Координатор международных он-лайновых кон-
ференций студентов-юристов (Россия — США). Член комиссии по связям с
регионами факультета иностранных языков МГУ. Участник программы
“Открытый Мир. Верховенство закона” Американских Советов по между-
народному образованию, организованной Библиотекой Конгресса США.
Тихомирова Елизавета Владимировна — Старший преподаватель
кафедры английского языка для гуманитарных факультетов МГУ им. М.В.Ло-
моносова. Руководит методической работой по английскому языку на юри-
дическом факультете. Автор учебного плана и программы по английскому
языку для юридического факультета МГУ. Ведет занятия по технике пере-
вода текстов по юриспруденции. Организует семинары и мастер-классы для
специалистов юридического профиля в области преподавания английского
языка.
ОТЗЫВЫ О СЕРИИ JUST ENGLISH
Доктор юридических наук, профессор МГУ им. М.В. Ломоносова
Евгений Алексеевич Суханов:
Настоящие учебные пособия охватывают основные этапы образования
студентов-юристов: первое пособие является базовым курсом юридическо-
го английского; второе содержит обширный материал о правовых системах
Великобритании и США; третье предназначено для углубленного изучения
английского языка студентами, ориентированными на юридическую специ-
ализацию.
Учебные пособия написаны в соответствии с традициями Московско-
го Университета и привязаны к учебному плану юридического факультета.
Написание учебников потребовало от авторов большого, многолетнего тру-
да, высокой профессиональной квалификации как в области преподавания
иностранных языков, так и в сфере юриспруденции.
Учебные пособия получили многостороннюю апробацию на юриди-
ческом факультете МГУ. Студенты с интересом занимаются по данным по-
собиям, успешно овладевая необходимыми знаниями, формируя и развивая
основные навыки. Учебники серии приняты в качестве основных на юриди-
ческом факультете МГУ им. М.В. Ломоносова, в Высшей школе экономики
(Москва), во Всероссийском институте государства и права (Москва), в фи-
лиале Тюменского государственного университета (Нижневартовск), а так-
же во многих других высших учебных заведениях России.
Юридический факультет МГУ очень высоко оценивает работу талант-
ливого коллектива авторов и считает, что их содержательный, оригиналь-
ный и интересный труд — цикл учебных пособий Just English — будет вос-
требован широкой читательской аудиторией.
Доктор юридических наук, профессор МГУ им. М.В. Ломоносова
Владимир Алексеевич Томсинов:
Учебное пособие написано коллективом авторов — ведущих специа-
листов Московского Государственного Университета им. М.В. Ломоносо-
ва. Методика обучения, нашедшая свое воплощение в пособии, подкрепле-
на многолетним опытом преподавания английского языка на юридическом
факультете МГУ.
Постоянно возрастающая потребность в квалифицированных юриди-
ческих кадрах обусловлена экономическими изменениями в российском
обществе. С увеличением внешнеторговой активности Российской Федера-
Отзывы о серии JUST ENGLISH
IX
ции и с вовлечением в таковую все большего количества субъектов знание
иностранных языков становится для юристов необходимым инструментом
в их повседневной деятельности. Большая часть делового общения с иност-
ранными контрагентами происходит на английском языке. В связи с этим
пособие “Just English. Английский для юристов. Базовый курс ” имеет все
предпосылки для того, чтобы стать настольной книгой не только студентов,
но и практиков — юристов и экономистов.
Старший преподаватель кафедры русского языка и литературы
Московского института иностранных языков
Людмила Никитична Стефанова:
.. .Языковой вкус, изящество мысли, мажор, юмор, уважение к читате-
лю и знанию — сочетание этих достоинств создает уникальное для учебных
изданий качество — собственную интонацию, которая располагает студен-
та к участию в диалоге, высвечивая один из смыслов названия серии — это
ведь “только английский” и постичь его вам вполне по силам. На языке ми-
мики этой интонации соответствует добрая улыбка интеллигентного чело-
века, на языке человеческих взаимоотношений — возможность найти ра-
зумное и изящное решение непростой проблемы.
Читатель Just English обнаруживает, что юриспруденция является не
только областью специальных знаний, но и непосредственно соприкасается
с каждым из нас; что, к примеру, Хартия Вольностей или Кодекс Наполеона
связаны с такими актуальными проблемами, как права личности или отмена
смертной казни. Не дидактическими приемами, а выбором материала, кру-
гом обсуждаемых проблем авторы подводят учащихся к мысли о том, что
юриспруденция — первостепенная основа человеческого общежития и не-
отъемлемая составляющая цивилизации. Так реализуется в.данной серии про-
светительско-воспитательная цель, являющаяся сверхзадачей всякого фун-
даментального учебного издания. Каждая книга Just English читается с зах-
ватывающим и благодарным интересом.
ПРЕДИСЛОВИЕ АВТОРОВ
“The Best of Just English” — это новое, улучшенное и дополненное
издание серии учебников Just English. Уникальность этой книги заключает-
ся в том, что в ней под одной обложкой собраны наиболее популярные учеб-
ные пособия серии Just English, широко используемые на юридических фа-
культетах в ВУЗах России и СНГ: Базовый курс, 101 Texts on Law и Clones
are Coming.
Предлагаемое учебное пособие рассчитано на широкую аудиторию
специалистов, изучающих английский язык в связи с правовой специально-
стью.
В учебник включены современные профессионально-ориентированные
материалы из правовых и общественно-политических источников Великоб-
ритании и США, обработанные для студентов юридического профиля. Тек-
сты сборника позволяют овладеть правовой лексикой, на аутентичном мате-
риале изучить основные понятия юриспруденции, узнать об истории и функ-
ционировании государственных, политических и судебных структур Вели-
кобритании и США, а также развить столь необходимые для юриста-про-
фессионала навыки анализа текста и ведения дискуссии.
В соответствии с требованиями учебных программ юридических
ВУЗов все учебные пособия, включенные в данный сборник, строятся по
принципам комплексности и интенсивности с применением новейших
средств и методов преподавания. Комплексный подход и междисциплинар-
ные связи позволяют учитывать степень знакомства студентов с обсуждае-
мой проб-лематикой на родном языке. Интенсивность достигается за счет
предоставления разнообразных текстов и заданий различного объема и сте-
пени сложности в пределах одного раздела. Современные методы дают воз-
можность последовательно провести студентов по разделам специальной лек-
сики, сформировать основные навыки работы с литературой по специально-
сти и использовать полученные знания для беседы и дискуссии на изучен-
ные темы.
БАЗОВЫЙ КУРС
Базовый курс позволяет обучать студентов с различным уровнем зна-
ний и обеспечивает широкие возможности аудиторной и самостоятельной
работы. Правовая лексика вводится тематически параллельно с соответству-
ющими курсами лекций на русском языке, закрепляется в разнообразных
упражнениях и находит свое применение в дискуссиях и ролевых играх.
Предисловие
XI
Учебник состоит из пяти глав и хрестоматии.
•	В первой главе обсуждаются общие проблемы права и дается истори-
ческий обзор правовых систем.
•	Во второй главе детально рассматриваются вопросы криминологии
и криминалистики.
•	Третья глава посвящена правоохранительным органам и их функци-
онированию.
•	В четвертой главе анализируются стадии и методы судебного раз-
бирательства.
•	Пятая глава рассматривает проблемы исправительных учреждений.
•	Хрестоматия содержит обширный материал для дополнительного
изучения, включающий выдержки из оригинальных правовых документов,
биографии великих философов права и другие тексты. В главах содержатся
увлекательные рубрики It’s Interesting to Know и Just for Fun.
101 TEXTS ON LAW.
ДЛЯ БУДУЩИХ ЮРИСТОВ
Изучение права предполагает работу с первоисточниками на языке
оригинала и анализ текста. Поэтому 101 Texts on Law, представляющий со-
бой сборник текстов по истории и теории права англоговорящих стран, дает
возможность ознакомить будущих студентов с концептами и терминологи-
ей права на английском языке. Данные материалы, тесно интегрированные
по содержанию с курсами истории и теории права зарубежных стран, де-
монстрируют логику исторического развития правовых и политических си-
стем Великобритании и США, а также освещают современную правовую
ситуацию.
Пособие состоит из двух частей.
•	В первом разделе представлены общие методические рекомендации
по работе с текстом, а также образец разбора и анализа текста.
•	Второй раздел содержит оригинальные тексты по темам: формы прав-
ления; исторические корни государственно-правовых систем Великобрита-
нии, США и России; особенности современных парламентарных систем и
права и свободы граждан. После каждого текста приводятся вопросы по его
содержанию.
Методические рекомендации по работе с текстами, образцы анализа и
перевода текста в первом разделе этого пособия позволяют использовать
данные материалы как практикум по переводу спецтекстов и призваны об-
легчить работу тех, кто изучает правовой английский самостоятельно или с
целью поступления в ВУЗ.
XII
Предисловие
CLONES ARE COMING. THEORIES, FACTS
AND OPINIONS FOR DISCUSSION
Языковая компетентность юриста предполагает способность вести бе-
седу на профессиональные темы, участвовать в дискуссии и вступать в по-
лемику. Именно поэтому во всех учебных пособиях серииEnglish боль-
шое внимание уделяется формированию и развитию навыков публичного
выступления.
Поводом для таких обсуждений могут стать любые актуальные вопро-
сы, которые в изобилии предоставляет современная социальная, политичес-
кая и научная жизнь. Одной из весьма интересных тем — клонированию —
посвящено пособие серии Just English “Clones are Coming”.
Так как материалы пособия в основном взяты из периодических изда-
ний, они полемичны и стимулируют “порождение спонтанной и подготов-
ленной речи”, что является одним из важнейших элементов в подготовке
студентов. В книге уделяется особое внимание лексическим средствам и
риторическим приемам ведения дискуссий, для чего были специально раз-
работаны рубрики Terms of discussion; Question time; Words, -words, -words...;
Means of discussion; Time to talk. Тема моральных и правовых аспектов кло-
нирования ранее не освещалась в учебной литературе, что позволяет совме-
щать развитие коммуникативных навыков с освоением новой экстралингви-
стической реальности.
*	* ♦
Книга “The Best of Just English”. Английский для юристов подго-
товлена профессорско-преподавательским составом факультета иностран-
ных языков МГУ им. М.В.Ломоносова на основе учебной программы курса
английского языка для юридических ВУЗов.
Все материалы, включенные в учебное пособие “The Best of Just
English”. Английский для юристов, прошли апробацию на занятиях со
студентами различных групп и уровней юридического факультета МГУ им.
М.В.Ломоносова.
CONTENTS
БАЗОВЫЙ КУРС
CHAPTER I. LAW WORLDWIDE.........................................5
Unit 1. The Need for Law ....................................6
Unit 2. The First Laws: Laws of Babylon ................... 10
Unit 3. The First Laws: Ancient Greece and Rome............ 14
Unit 4. The Foundation of British Law: The Magna Carta .... 18
Unit 5. The Foundation of British Law: Habeas Corpus Act ...21
Unit 6. The Foundation of British Law:
The Petition of Right and the Bill of Rights ......24
Unit 7. The European Law the 19th Century: Napoleon’s Code .27
CHAPTER IL CRIME AND PUNISHMENT.................................31
Unit 1. The Study of Crime..................................32
Unit 2. Crimes and Criminals ...............................38
Unit 3. The Causes of Crime ................................40
Unit 4. Punishment .........................................45
Unit 5. The Purpose of State Punishment ....................49
Unit 6. Treatment of Criminals .............................51
Unit 7. Capital Punishment: History ........................57
Unit 8. Capital Punishment: For and Against ................62
CHAPTER III.	LAW ENFORCEMENT ..................................69
Unit 1. The History of Police Forces........................70
Unit 2. The Organisation of Police Forces ..................73
Unit 3. Police Powers ......................................79
Unit 4. Police and the Public...............................88
Unit 5. Scotland Yard ......................................96
Unit 6. Police Techniques .............................. 101
CHAPTER IV.	FAIR TRIAL: THE JURY............................ 109
Unit 1. Origins of the Jury............................... 110
Unit 2. Jury Duty......................................... 114
XIV
Contents
Unit 3. Selection of the Trial Jury ............................ 120
Unit 4. In the Courtroom ....................................... 126
Unit 5. Kinds of Cases.......................................... 133
Unit 6. Steps of the Trial ..................................... 139
Unit 7. The Value of Juries .................................... 145
CHAPTER V.	IMPRISONMENT:
RETRIBUTION OR REHABILITATION? ...................................... 153
Unit 1. Penal and Correctional Institutions throughout History . 154
Unit 2. Prison Population ...................................... 162
Unit 3. Prison Life ............................................ 167
Unit 4. Alternatives to Prison ................................. 174
Unit 5. Rehabilitation ......................................... 180
READER .............................................................. 189
Part I.	Famous Legal Documents throughout History ................... 190
1.	Hammurabi’s Code of Laws (1758 B.C.) ........................ 190
2.	The Laws of William the Conqueror (1066-1087)................ 192
3.	The Magna Charta (1215) ..................................... 193
4.	The Petition of Right (1628) ................................ 199
5.	The English Bill of Rights (1689) ........................... 202
6.	The US Declaration of Independence (1776) ................... 207
7.	The US Bill of Rights (1791) .................................210
8.	European Prison Rules (1990s)................................ 211
Part II.	Philosophers of Law .........................................218
Part III.	Notorious Criminals ........................................223
Part IV.	Famous Detectives ...........................................239
Part V.	The Stupidest Criminals ......................................242
101 TEXTS OIN LAW
Introduction for Teachers and Students................................253
The Forms of Government...............................................269
1.	Autocracy ....................................................270
2.	Monarchy......................................................271
3.	Western Monarchies ...........................................272
4.	Oligarchy ....................................................273
5.	Democracy.....................................................274
6.	Elements of Democracy.........................................275
Contents
XV
7.	Characteristics of Democracy .............................276
8.	The Soil of Democracy ....................................277
The Roots of British Government....................................279
9.	The Anglo Saxon Kings.....................................280
10.	Alfred the Great.........................................281
11.	William the Conqueror ....................................282
12.	John I...................................................283
13.	The Origin of the Magna Carta ...........................284
14.	The Contents of the Magna Carta .........................285
15.	Legal and Constitutional Developments in Britain ........286
16.	The Plantagenets ........................................287
17.	The Tudors ..............................................288
18.	Henry VI ................................................289
19.	Henry VIII ..............................................290
20.	Elizabeth I .............................................291
21.	Charles I and the Civil War..............................292
22.	The Royalists and the Parliamentarians...................293
23.	The End of the Civil War.................................294
24.	The Development of Parliament ...........................295
25.	Charles II...............................................296
26.	James II and the Glorious Revolution ....................297
27.	The Petition of Right and the Bill of Rights ............298
28.	William of Orange and Anne...............................299
29.	George III ..............................................300
30.	Queen Victoria...........................................301
The Roots of American Government ..................................303
31.	The Lost Colony .........................................304
32.	The Jamestown Settlers ..................................305
33.	The First Settlements....................................306
34.	John Smith...............................................307
35.	Pocahontas...............................................308
36.	The Captain and the Princess ............................309
37.	The Indian Self-Government in North America .............310
38.	Government in the Colonies ............................. 311
39.	Colonial Self-Government.................................312
40.	Colonial Legislatures....................................313
41.	British Heritage and American Colonies...................314
42.	The Magna Carta and its American Legacy .................315
43.	The Roots of American Government.........................316
44.	Boston Tea Party ........................................317
45.	The Story of a Bell .....................................318
XVI
Contents
46.	The Liberty Bell .......................................319
47.	The Ideas of John Locke ................................320
48.	George Washington ......................................321
49.	Thomas Jefferson........................................322
50.	Benjamin Franklin.......................................323
51.	Patrick Henry...........................................324
52.	Abraham Lincoln.........................................325
The Roots of Russian Law..........................................327
53.	Kievan Rus .............................................328
54.	Early Russian Law and Mongol Subjugation ...............329
55.	Early Russian Law.......................................330
56.	Litigation in Muscovy ..................................331
57.	Princely Justice in Muscovy ............................332
58.	Early Russian Judicial Practice ........................333
59.	Law Reform in Russia ...................................334
60.	Peter the Great.........................................335
61.	Russian Law in the 18th Century ........................336
62.	Russian Law in the 19th Century ........................337
63.	The Pre-Revolutionary Heritage .........................338
The British Government of Today ..................................339
64.	The Governmental Model in the UK........................340
65.	The British Parliament..................................341
66.	Monarch’s Powers in Britain.............................342
67.	The Role of the Monarch in Britain......................343
68.	Criticism of the British Monarchy.......................344
69.	Why the Monarchy Serves the British Best................345
70.	Download the Queen......................................346
71.	How Popular is the Monarch?.............................347
72.	The History of Speakership in Britain...................348
73.	The Speaker of the House of Commons ....................349
74.	The Speaker’s Duties....................................350
75.	Debate in the House of Commons..........................351
76.	Unparliamentary Language ...............................352
77.	The English Legal System................................353
78.	The English Constitution................................354
The American Government of Today .................................355
79.	The Concept of Bicameral Legislature ...................356
80.	US Congress ............................................357
81.	US Congress Rules ......................................358
Contents
XVII
82.	Congress and the President .............................359
83.	Lawmaking in the Senate.................................360
84.	The Senate’s Daily Sessions ............................361
85.	The Senate’s Working Day ...............................362
86.	The History of Impeachment..............................363
87.	Impeachment ............................................364
88.	Voting in the USA ......................................365
89.	Parties and Party Systems ..............................366
90.	The Origins of the Civil Service System.................367
91.	The American Civil Service .............................368
On Rights and Liberties...........................................369
92.	Rights and Responsibilities of American Citizens........370
93.	Freedom of Religion ....................................371
94.	Freedom of Speech ......................................372
95.	Freedom of the Press....................................373
96.	Free Press and Fair Trial ..............................374
97.	Mass Media in a Democratic Society .....................375
98.	Protecting the Rights of the Accused....................376
99.	Cruel and Unusual Punishment ...........................377
100.	The Miranda Warning ...................................378
101.	Watergate..............................................379
CLONES ARE COMING.
THEORIES, FACTS AND OPINIONS
FOR DISCUSSION
Unit 1. Separating Facts from Fiction ............................383
•	Breakthrough of the Century........................383
•	Hello, Dolly! .....................................384
•	Just Facts.........................................385
•	The Words of Wisdom ...............................386
Means of discussion: Cause, Reason, Purpose and Result ...........390
Unit 2. Yesterday’s Never is Today’s Why Not:
A Glimpse of History .............................................392
•	The History of Cloning.............................393
Means of discussion: Success and Failure..........................402
XVIII
Contents
Unit 3. A Storm of Controversy: Moral Aspect of Cloning ...........405
•	Cloning and Beyond ................................405
•	Society versus the Individual .....................408
•	Should We Be Cloning Around?.......................410
Means of discussion: Belief and Opinion............................417
•	Soul versus Body Debate ...........................420
Unit 4. The Case for Cloning: Legal Aspect.........................421
•	What Do You Do with a Genie out of the Bottle? ....421
•	To Ban or Not to Ban ..............................422
•	Forbidden Fruit? ..................................425
Means of discussion: Concession and Contrast.......................429
•	Clones’ Rights Debate .............................432
•	Fiction or Future? Be a Detective! ................433
Unit 5. A Step Too Far: Obsessed with Cloning .....................436
•	Americans for Cloning Elvis........................437
•	Christians for Cloning Jesus ......................438
•	More of You and Me.................................439
Means of discussion: Convictions and Obsessions ...................443
•	Clones are Coming (Role Play) .....................445
Unit 6. Just for Fun: Double the Trouble...........................447
•	Welcome to Clone-All®..............................447
Glossary...........................................................458
Appendix: Supplementary Materials .................................463
•	Russian Articles for Rendering ....................463
List of Reference..................................................492
Law Like Love
by W. H. Auden
Law, say the gardeners, is the sun,
Law is the one
All gardeners obey
To-morrow, yesterday, to-day.
[•••]
Law, says the priest with a priestly look,
Expounding to an unpriestly people,
Law is the words in my priestly book,
Law is my pulpit and my steeple.
Law, says the judge as he looks down his nose,
Speaking clearly and most severely,
Law is as I’ve told you before,
Law is as you know I suppose,
Law is but let me explain it once more,
Law is The Law.
Yet law-abiding scholars write:
Law is neither wrong nor right,
Law is only crimes
Punished by places and by times,
Law is the clothes men wear
Anytime, anywhere,
Law is Good morning and Good night.
Others say, Law is our Fate;
Others say, Law is our State;
Others say, others say
Law is no more,
Law has gone away.
And always the loud angry crowd,
Very angry and very loud,
Law is We,
And always the soft idiot softly Me.
If we, dear, know we know no more
Than they about the Law,
If I no more than you
Know what we should and should not do
Except that all agree
Gladly or miserably
That the Law is
And that all know this
[...]
No more than they can we suppress
The universal wish to guess
Or slip out of our own position
Into an unconcerned condition.
Although I can at least confine
Your vanity and mine
To stating timidly
A timid similarity,
We shall boast anyway:
Like love I say.
Like love we don’t know where or why,
Like love we can’t compel or fly,
Like love we often weep,
Like love we seldom keep.



UNIT 1
THE NEED FOR LAW
BRAINSTORM
•	Rules, laws, regulations, law codes
•	Lawgivers, legislators
•	Civil law, criminal law
•	Government
What is your understanding of these words?
Give examples.
Law and Society
Mr. Jones, having murdered his wife, was burying her in the garden
one night, when his neighbour, hearing the noise, asked him what he was
doing.
“Just burying the cat,” said Mr. Jones.
“Funny sort of time to bury a cat,” said the neighbour.
“Funny sort of cat,” said Mr. Jones.
Now it is obvious to everyone that, in a community such as the one in
which we live, some kind of law is necessary to try to prevent people like
Mr. Jones from killing their wives. When the world was at a very primitive
stage, there was no such law, and, if a man chose to kill his wife or if a
woman succeeded in killing her husband, that was their own business and
no one interfered officially.
But, for a very long time now, members of every community have
made laws for themselves in self-protection. Otherwise it would have meant
that the stronger man could have done what he liked with the weaker, and
bad men could have joined together and terrorized the whole
neighbourhood.
If it were not for the law, you could not go out in broad daylight without
the fear of being kidnapped, robbed or murdered. There are far, far more
Базовый курс
7
good people in the world than bad, but there are enough of the bad to make
law necessary in the interests of everyone.
There is no difficulty in understanding this but it is just as important
to understand that law is not necessary just because there are bad people in
the world. If we were all as good as we ought to be, laws would still be
necessary. If we never told lies, never took anything that didn’t belong to
us, never omitted to do anything that we ought to do and never did anything
that we ought not to do, we should still require a set of rules of behaviour,
in other words laws, to enable us to live in any kind of satisfactory state.
How is one good man in a
motor-car to pass another good
man also in a motor-car coming in
the opposite direction, unless there
is some rule of the road? People
sometimes hover in front of one
another when they are walking on
the pavement before they can pass,
and they may even collide. Not
much harm is done then, but, if two
good men in motor-cars going in
the opposite directions hover in
front of one another, not knowing which side to pass, the result will probably
be that there will be two good men less in the world.
So you can see that there must be laws, however good we may be.
Unfortunately, however, we are none of us always good and some of us
are bad, or at any rate have our bad moments, and so the law has to provide
for all kinds of possibilities. Suppose you went to a greengrocer and bought
some potatoes and found on your return home that they were mouldy or
even that some of them were stones. What could you do if there were no
laws on the subject? In the absence of law you could only rely upon the
law of the jungle. You could go back to the shop, demand proper potatoes
and hit the shopkeeper on the nose if he refused to give them to you. You
might then look round the shop to try to find some decent potatoes. While
you were doing this, the shopkeeper might hit you on the back of the neck
with a pound weight. Altogether not a very satisfactory morning shopping.
Or you might pay your money to go to see a film at a cinema. You
might go inside, sit down and wait. When the cinema was full, there might
be flashed on the screen: “You’ve had it, Chums”. And that might be the
whole of the entertainment. If there were no law, the manager could safely
remain on the premises and, as you went out, smile at you and say: “Hope
8
The Best of Just English
you’ve enjoyed the show, sir.” That is to say, he could do this safely if he
were bigger than you or had a well-armed bodyguard.
Every country tries, therefore, to provide laws which will help its
people to live safely and as comfortably as possible. This is not at all an
easy thing to do, and no country has been successful in producing laws
which are entirely satisfactory. But we are far better off with the imperfect
laws which we have, than if we had none at all.
TASK 1. Work in groups. Find in the text law-related words and expressions.
Compare your lists with those of the other students. In your opinion,
which of the items are legal terms? Consult a legal dictionary.
TASK 2. Find in the text the English equivalents for the following words and
expressions:
1.	самозащита
2.	телохранитель
3.	общество
4.	правила поведения
5.	закон джунглей
6.	несовершенные законы
7.	при свете дня
8.	причинять вред
9.	предусмотреть все возможности
10.	полагаться на кого-либо
11.	требовать
TASK 3. Translate the following passage into English paying special attention to
the link words and expressions in bold type:
Очевидно, что закон необходим в интересах всего общества.
Иначе людям пришлось бы жить по закону джунглей.
К сожалению, создать совершенные законы не просто.
Следовательно, каждое сообщество пытается установить свои
собственные правила поведения.
Однако закон не может удовлетворить всех.
В любом случае, несовершенные законы лучше беззакония.
Базовый курс
9
TASK 4. Make your own chain of arguments with the link words and expressions
listed in Task 3, using the following vocabulary:
•	to prevent from
•	self-protection
•	to demand smth.
•	to rely upon smb./smth.
•	successful
•	to provide for
•	to require
•	to suppose
TASK 5. Which parts of the text correspond to the following headings? Put them
in a logical order:
□	considering possibilities
□	historical background
□	conclusion
□	examples
□	joke
DISCUSSION
Use the structural pattern built up in Task 5 to make a speech on
one of the following topics:
•	Laws haven’t changed since primeval times.
•	However hard people try, laws are always insufficient.
•	Laws are not for ordinary people, they are for lawyers.
•	All laws are situational. They suit only a particular
place at a particular time.
•	There is some eternal law. It is good for all times
and places.

10
The Best of Just English
Just for Fun
When asked to explain the difference between an ordinary citizen
and a lawyer, a well-known barrister explained, “If an ordinary citizen
gave you an orange, he would say, “I give you this orange.” But if a
lawyer gave you an orange, he would say, “I hereby give, grant and
convey to you all my interest, right, title and claim of and in this
orange, together with all its rind, skin, juice and pulp, and all right
and advantage therein with full power to bite, cut, suck, or otherwise
eat or consume the said orange, or give away or dispose of to any
third party the said orange, with or without its rind, skin, juice and
pulp, subject to any amendments subsequently introduced or drawn
up to this agreement.”
UNIT 2
THE FIRST LAWS: LAWS OF BABYLON
The Birth of Law
Rules and laws — and the conventions or customs from which they
are descended — have been a part of human life ever since our ancestors
first began to live in large and settled groups. But our knowledge is vague
of laws that were in effect before the invention of writing in about 3500
B.C. The earliest known legal text was written by Ur-Nammu, a king of
the Mesopotamian city of Ur, in about 2100 B.C. It dealt largely with
compensation for bodily injuries, and with the penalties for witchcraft and
runaway slaves.
TASK 1. Find in the text the words that mean the following:
•	the use of magic power, especially with the aid of evil spirits
•	a punishment imposed for a violation of law or rule
•	an accepted social custom or practice
•	payment for damage or loss, restitution
•	one from whom a person is descended
•	harm or damage done or suffered
Базовый курс
И
TASK 2. Answer the following questions:
1.	Why is it difficult to judge about the earliest laws?
2.	Where and why did the first laws appear?
3.	What issues did the early laws emphasise? Why?
TASK 3. The word LEGAL has the following meanings in Russian:
1)	юридический
legal person — юридическое лицо
2)	правовой
legal text — правовой текст
3)	судебный
legal action — судебный иск
4)	законный, дозволенный законом
legal owner — законный владелец
5)	легальный
legal activities — правомерная, законная деятельность
Match the following English expressions with their Russian equivalents:
1) legal activities	а) законные права
2) legal address	b) законный владелец
3) legal advice	с) имеющий законную силу
4) legal age	d) использовать свое законное право
5) legal costs	е) история права
6) legal decision	f) консультация юриста
7) legal document	g) правовая защита
8) legal entity	h) правовой документ
9) legal ethics	i) правовой статус
10) legal expert	j) правомерная,
11) legal history	законная деятельность
12) legal language	к) профессиональная этика юриста
13) legal owner	1) решение суда
14) legal procedure	т) совершеннолетие
15) legal protection	п) стать юристом
16) legal rights	о) судебные издержки
17) legal status	р) судопроизводство
18) of legal force	q) юридическая терминология
19) to enjoy one’s legal rights	г) юридический адрес
20) to enter the legal profession	s) юридическое лицо
	t) юрисконсульт;
	юридический советник
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The Best of Just English
BRAINSTORM
Work in groups. What associations does the word ‘Babylon ’ call
to mind? Make a list of ideas and compare your notes.
TASK 4. Read the text and write down Russian equivalents for the words and
expressions in bold type:
Laws of Babylon
One of the most detailed ancient legal codes was drawn up in about
1758 B.C. by Hammurabi, a king of Babylonia. The entire code, consisting
of 282 paragraphs, was carved into a great stone pillar, which was set
up in a temple to the Babylonian god Marduk so that it could be read by
every citizen.
The pillar, lost for centuries
after the fall of Babylon in the 16th
century B.C., was rediscovered by
a French archaeologist in 1901
amid the ruins of the Persian city
of Susa. Hammurabi’s words were
still legible. The pillar is now in the
Louvre museum in Paris.
The laws laid down by
Hammurabi were more extensive
than any that had gone before.
They covered crime, divorce and
marriage, the rights of slave owners
and slaves, the settlement of debts,
inheritance and property contracts;
there were even regulations about
taxes and the prices of goods.
Punishments under the code were often harsh. The cruel principle
of revenge was observed: an eye for an eye and a tooth for a tooth, which
meant that criminals had to receive as punishment precisely those injuries
and damages they had inflicted upon their victims. Not only murderers
but also thieves and false accusers faced the death penalty. And a child
who hit his father could expect to lose the hand that struck the blow.
Базовый курс
13
The code outlawed private blood feuds and banned the tradition by which
a man could kidnap and keep the woman he wanted for his bride. In addition,
the new laws took account of the circumstances of the offender as well
as of the offence. So a lower-ranking citizen who lost a civil case would
be fined less than an aristocrat in the same position — though he would
also be awarded less if he won.
Nevertheless, Hammurabi’s laws represented an advance on earlier
tribal customs, because the penalty could not be harder than the crime.
TASK 5. Find in the text the English equivalents for the following law-related
words and expressions. What concepts bring these groups of words
together?
вор клеветник правонарушитель правонарушение преступление кровная месть наносить ущерб наносить увечья похищать	смертная казнь наказание штрафовать получать компенсацию	брак развод налоги наследство долги цены на товары гражданское дело права рабов имущественные контракты
TASK 6. Answer the following questions:
1.	Why do you think Hammurabi decided to have his laws carved
into a pillar?
2.	Why was the pillar set up in a temple?
3.	What spheres of human life were covered by Hammurabi’s code?
Explain the choice.
4.	How do you understand the principle “an eye for an eye and a tooth
for a tooth”?
5.	In your opinion, were punishments always fair?
6.	Why do you think people of different ranks were treated differently
by Hammurabi’s code?
14
The Best of Just English
TASK 7. Translate the following passage into English paying special attention to
the words and expressions in bold type:
Кодекс Хаммурапи
В 1901 году французские археологи обнаружили каменный
столб среди руин персидского города Сузы. Текст, высеченный
на столбе, был древнейшим сводом законов. Он был составлен
Хаммурапи, царем Вавилона, в XVIII столетии до н. э.
Кодекс Хаммурапи состоит из 282 статей. Установленный в
храме вавилонского бога Мардука, “столб законов” должен был
служить правосудию и одновременно напоминать: законы должны
знать все.
Кодекс охватывал все сферы жизни. Он ставил вне закона
кровную месть, убийство, похищение невесты. Наказания за них
были суровы.
В основе Кодекса лежит идея талиона: наказание должно быть
“равным” преступлению — “око за око, зуб за зуб”. В соответ-
ствии с кодексом, если человек, обвинивший другого в краже, не
мог привести свидетелей, подтверждающих его слова, ему грозила
смерть как клеветнику.
Кодекс также охватывал вопросы имущества и наследства.
Хаммурапи устанавливал денежный штраф, при назначении кото-
рого учитывалось как само правонарушение, так и социальное
положение граждан.
UNIT 3
THE FIRST LAWS:
ANCIENT GREECE AND ROME
TASK 1. Read the text and write down Russian equivalents for the words and
expressions in bold type:
The Legal Heritage of Greece and Rome
The ancient Greeks were among the first to develop a concept of
law that separated everyday law from religious beliefs. Before the Greeks
most civilizations attributed their laws to their gods or goddesses. Instead,
the Greeks believed that laws were made by the people for the people.
Базовый курс
15
In the seventh century B.C., Draco* drew up Greece’s first
comprenensive written code of laws. Under Draco’s code death was the
punishment for most offences. Thus, the term draconian usually applies
to extremely harsh measures.
Several decades passed before Solon —
poet, military hero, and ultimately Athens’
lawgiver — devised a new code of laws. T rial
by jury, an ancient Greek tradition was
retained, but enslaving debtors was prohibited
as were most of the harsh punishments of
Draco’s code. Under Solon’s law citizens of
Athens were eligible to serve in the assembly
and courts were established in which they
could appeal government decisions.
What the Greeks may have contributed
to the Romans was the concept of “natural
law.” In essence, natural law was based on the
belief that certain basic principles are above
the laws of a nation. These principles arise
from the nature of people. The concept of
natural law and the development of the first true legal system had a
profound effect on the modem world.
TASK 2. Complete the following table with the appropriate verb or noun forms:
Verb	Noun
to attribute	
	belief
	punishment
to develop	
	offence
to separate	
	decision
to apply	
	government
to prohibit	
to serve	
to establish	
to appeal	
to refer to	
* Draco — [ dreikou] — Драконт (т.ж. Трахонт), афинский законодатель
2 — 9099
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The Best of Just English
TASK 3. Work in teams. Make up a logical law-related story containing both verbs
and nouns from Task 2. Use no fewer than 7 words.
TASK 4. Answer the following questions:
1.	What does the ancient Greek concept of law comprise?
2.	Why were the first laws mainly attributed to divine powers?
3.	What is the origin and the meaning of the word “draconian”?
4.	How do you understand the concept of “natural law”?
5.	What was Solon’s contribution to ancient law?
TASK 5. Read the text and use the words in bold type to render the text in Task 6:
Solon (b. 630 — d. 560 B.C.)
Solon, the Athenian statesman, is known as one of the Seven Wise
Men of Greece. He ended exclusive aristocratic control of the government,
substituted a system of control by the wealthy, and introduced a new and
more humane law code. He was also a noted poet.
Unfortunately it was not until the
5th century B.C. that accounts of
his life and works began to be put
together, mostly on the evidence
of his poems and his law code.
Although certain details have a
legendary ring, the main features
of his story seem to be reliable.
Solon was of noble descent but
moderate means. He first
became prominent in about 600
B.C. The early 6th century was a
troubled time for the Athenians.
Society was dominated by an aristocracy of birth, who owned the best
land, monopolized the government, and were themselves split into rival
factions. The social, economic, and political evils might well have
culminated in a revolution and subsequent tyranny (dictatorship), as they
had in other Greek states, had it not been for Solon, to whom Athenians of
all classes turned in the hope of a generally satisfactory solution of
their problems. Because he believed in moderation and in an ordered
society in which each class had its proper place and function, his solution
was not revolution but reform.
Базовый курс
17
Solon’s great contribution to the future good of Athens was his
new code of laws. The firstwritten code at Athens, that of Draco, was still
in force. Draco’s laws were shockingly severe (hence the term draconian)
— so severe that they were said to have been written not in ink but in
blood. On the civil side they permitted enslavement for debt, and death
seems to have been the penalty for almost all criminal offenses. Solon
revised every statute except that on homicide and made Athenian law
altogether more humane.
TASK 6. Render the following text into English using the vocabulary and
information from the texts above:
Драконт
Драконт— афинский законодатель, чьи крайне суровые законы
предусматривали только одно наказание— смерть— как за незначи-
тельные нарушения, так и за тяжкие преступления, совершенные в
Афинах. Его имя теперь связывают со всем жестоким и безжалост-
ным — ‘драконовские меры’, ‘драконовы законы’, ‘драконовский
кодекс’.
Кодекс Драконта, который принято датировать 621 г. до н.э., не
был первым записанным сводом афинских законов, но он, возможно,
был первым всеобъемлющим кодексом или переработкой предыду-
щих законов.
Позднее Солон отменил законы, созданные Драконтом, и издал
новые, оставив лишь прежнее наказание за убийство.
CREATIVE WRITING
Since по law is perfect, ancient laws left much to be desired. Consult
the READERfor the extracts from Hammurabi’s code. Work in teams
to ‘amend ’ the ancient legal code. Use the active vocabulary from
the Unit. Present your ideas to the rest of the class.
2*
18
The Best of Just English
UNIT 4
THE FOUNDATION OF BRITISH LAW:
THE MAGNA CARTA
BRAINSTORM
Name legal documents of constitutional importance, which have
affected modem legal systems.
TASK I. Read the text and write down Russian equivalents for the words and
expressions in bold type:
The Magna Carta
At the heart of the English system are two principles of government —
limited government and representative government. The idea that
government was not all-powerful first appeared in the Magna Carta*, or
Great Charter, that King John** signed in 1215 under the threat of civil war.
Earlier kings of England had issued charters, making promises to their
barons. But these were granted by, not
exacted from the king and were very
generally phrased. Later the tension between
the Kings and the nobility increased. Since
1199 John’s barons had to be promised their
rights. It is, therefore, not surprising that
Stephen Langton, archbishop of Canterbury,
directed baronial unrest into a demand for
a solemn grant of liberties by the king. The
document known as the Articles of the
Barons was at last agreed upon and became
the text from which the final version of the
charter was drafted and sealed by John on
June 15, 1215.
* Magna Carta — Великая Хартия Вольностей
** King John — Иоанн Безземельный, английский король (1199—1216)
Базовый курс
19
The Magna Carta established the principle of limited government,
in which the power of the monarch, or government, was limited, not
absolute. This document provided for protection against unjust
punishment and the loss of life, liberty, and property except according
to law. It stipulated that no citizen could be punished or kept in prison
without a fair trial. Under the Magna Carta, the king agreed that certain
taxes could not be levied without popular consent.
Although the Magna Carta was originally intended to protect
aristocracy and not the ordinary citizens, it came in time to be regarded
as a cornerstone of British liberties. It is one of the oldest written
constitutional papers.
TASK 2. The word GOVERNMENT has the following meanings in Russian:
1) государственная власть
executive government — исполнительная власть
judicial government — судебная власть
legislative government — законодательная власть
2) управление, руководство
to carry out the government of a state — осуществлять управление
государством
3) форма правления, государственное устройство, полити-
ческий строй
democratic /republican / federal / parliamentary government — де-
мократическая /республиканская / федеральная / парламентская
форма правления
constitutional government — конституционная форма правления
a system of government — система правления
4) правительство, правительственный аппарат
Liberal /Labour / Conservative Government — либеральное /лей-
бористское /консервативное правительство
to form the government — сформировать правительство
Match the following English expressions with their Russian equivalents:
1)	arbitrary government 2)	authoritarian government 3)	colonial form of government 4)	government investigation 5)	government of the day 6)	government offices	а) действующее правительство b) местное самоуправление с) военная администрация d) смешанная форма правления е) парламентское правление f) правительство Её Величества
20
The Best of Just English
7)	government official 8)	government party 9)	govemment(al) department 10)	govemment(al) regulation 11)	government’s term of office 12)	Her Majesty’s Government 13)	local government 14)	military government 15)	mixed government 16)	organs of government 17)	parliamentary government 18)	presidential government 19)	provisional government 20)	representative government 21)	to dissolve the government	g)	правящая партия h)	правительственные учреждения i)	представительная форма правления j)	временное правительство к)	распустить /расформировать правительство 1)	органы государственного управления ш)автократия п) президентская власть о)	авторитарная форма правления р)	правительственное ведомство q)	правительственное расследование г) колониальная форма государственного устройства s) постановление правительства t) правительственный чиновник и) срок полномочий правительства
Use the expressions above to make sentences of your own.
TASK 3. Answer the following questions:
1.	What were the two basic principles of the English system of
government at the beginning of the 13th century? How do you
understand these principles?
2.	What political situation necessitated the granting of the Magna
Carta?
3.	What provisions did the Magna Carta contain?
4.	Who enjoyed the rights granted by the Magna Carta?
TASK 4. Render the following passage into English paying special attention to
the words and expressions in bold type:
Великая Хартия Вольностей
Великая Хартия Вольностей—это грамота, подписанная в 1215
году английским королем Иоанном I. Она составлена на латинском
языке и содержит 63 статьи. Этот документ был подписан в результа-
Базовый курс
21
те недовольства баронов усилением королевской власти, налого-
вым гнетом и неудачной внешней политикой короля. Большинство
статей отражало и защищало интересы аристократии. Однако дру-
гие сословия также получили значительные права.
Великая Хартия Вольностей гарантировала соблюдение коро-
лем определенных обязательств по отношению к баронам, запреща-
ла королю взимать налоги без согласия подданных. Хартия поло-
жила начало свободе личности. Ни один человек не мог быть аре-
стован, заключен в тюрьму, лишен собственности или покрови-
тельства законов, изгнан или подвергнут иной каре иначе, как
по суду равных ему и согласно законам страны.
Это был первый в истории Англии документ,ограничивающий
власть короны и провозглашающий права и свободы подданных.
Великая Хартия Вольностей стала краеугольным камнем англий-
ских свобод. Ряд ее статей получили развитие в Акте Хабеас Корпус
и Билле о правах.
Великая Хартия Вольностей сыграла важнейшую роль в англий-
ской истории. Она и сейчас входит в число действующих актов кон-
ституции Великобритании.
UNIT 5
THE FOUNDATION OF BRITISH LAW:
HABEAS CORPUS ACT
“Let the Body Be Brought...”
In Britain, the United States and many other English-speaking
countries, the law of Habeas Corpus guarantees that nobody can be held in
prison without trial. Habeas Corpus became a law because of a wild party
held in 1621 at the London home of a notoriously rowdy lady, Alice
Robinson. When a constable appeared and asked her and her guests to
quiet down, Mrs. Robinson allegedly swore at him so violently that he
arrested her, and a local justice of the peace committed her to jail.
When she was finally brought to trial, Mrs. Robinson’s story of her
treatment in prison caused an outcry. She had been put on a punishment
diet of bread and water, forced to sleep on the bare earth, stripped, and
given fifty lashes. Such treatment was barbaric even by the harsh standards
22
The Best of Just English
of the time; what made it worse was that
Mrs. Robinson was pregnant.
Public anger was so great that she
was acquitted, the constable who had
arrested her without a warrant was himself
sent to prison, and the justice of the peace
was severely reprimanded. And the case,
along with other similar cases, led to the
passing of the Habeas Corpus Act in
Britain in 1679. The law is still on the
British statute books, and a version of it
is used in the United States, where the law
is regarded as such an important guarantee
of liberty that Article 1 of the U.S.
Constitution declares that “Habeas Corpus shall not be suspended except
in cases of rebellion or invasion”.
Habeas Corpus is part of a Latin phrase — Habeas corpus ad
subjiciendum — that means “Let the body be brought before the judge.” In
effect, a writ of Habeas Corpus is an order in the name of the people (or, in
Britain, of the sovereign) to produce an imprisoned person in court at once.
TASK 1. Find in the text the English equivalents for the following words and
expressions:
1.	мировой судья
2.	ордер на арест
3.	варварское отношение
4.	восстание, мятеж, бунт
5.	вторжение, нападение, нашествие
6.	недовольство общественности
7.	печально известный, пользующийся дурной славой
8.	заключить в тюрьму
9.	вызвать гневный протест
10.	привести к принятию закона
11.	получить строгий выговор
12.	предстать перед судом
13.	быть оправданным
14.	быть приостановленным
15.	от имени народа / монарха
Retell the text using the words and expressions above.
Базовый курс
23
TASK 2. Work with an English-English dictionary. Find definitions of thefollowing
legal terms:
•	trial
•	writ
•	statute
Use each word in sentences of your own.
TASK 3. Render the following passage into English paying special attention to
the words and expressions in bold type:
Хабеас Корпус
Согласно данному акту любое лицо, арестованное за соверше-
ние какого-либо уголовного преступления, имело право обратить-
ся лично или через своего представителя к Короне с прошением о
выдаче приказа “Хабеас Корпус” начальнику тюрьмы. Получив этот
приказ, начальник тюрьмы был обязан доставить арестованного
к судье, который проверял обоснованность его заключения под
стражу.
Хабеас Корпус Акт — это важнейшая гарантия гражданских
прав и свобод в Англии. Согласно ему ни один свободный человек
не мог быть подвергнут аресту без достаточных на то оснований.
ROLE-PLAY
Let the Body Be Brought!
Role-play the following situation: You have been arrested and taken
into custody. No warrant has been produced. Your friend or lawyer
comes to see you in prison. Tell him/her about your problem and ask
him/her to take appropriate steps. Appoint another student as a judge
who will do justice.
24
The Best of Just English
UNIT 6
THE FOUNDATION OF BRITISH LAW:
THE PETITION OF RIGHT
AND THE BILL OF RIGHTS
TASK 1. Complete the text using the words from the box:
The Petition of Right
royal requests; Stuart succession; resistance; raising taxes; prevent;
restricted; forced; financial control
Parliament began to show more______________to the monarchy under
the from 1603 by using its gradually acquired
weapon of. It was influenced by the gentry and
began to refuse_____________________for money. It eventually__________
Charles I to sign the Petition of Right in 1628, which further________
the monarch’s powers and was intended to____________him from__________
without Parliament’s consent.
TASK 2. Translate the text below into English using the information and vocabulary
from the text in Task 1:
Петиция о правах
Конституционное противостояние в XVII веке выразилось в
появлении в 1628 году документа, известного как Петиция о правах.
Нуждаясь в денежных средствах, король Карл I попытался получить
деньги от своих подданных, минуя парламент. В 1628 году парла-
мент заставил короля принять Петицию о правах, которая разрешала
взимать налоги только с согласия парламента. Этот документ так-
же гарантировал английским подданным основные права, которые
не могло нарушить ни одно правительство.
Базовый курс
25
TASK 3. Read the text and write down Russian equivalents for the words and
expressions in bold type:
The Bill of Rights
The Bill of Rights (1689) is one of the basic instruments of the British
constitution, the result of the long 17th-century struggle between the Stuart
kings and the English people and Parliament. The Bill of Rights provided
the foundation on which the government rested after the Revolution of
1688. The Revolution settlement made monarchy clearly conditional on
the will of Parliament and provided a freedom from arbitrary government
of which most Englishmen were notably proud during the 18th century.
The main purpose of the act was unequivocally to declare illegal
various practices of James II. Among such practices proscribed were the
royal prerogative of dispensing with the law in certain cases, the
complete suspension of laws without the consent of Parliament, and
the levying of taxes and themaintenance of a standing army in peacetime
without specific parliamentary authorization. A number of clauses sought
to eliminate royal interference in parliamentary matters, stressing that
elections must be free and that members of Parliament must have complete
freedom of speech. Certain forms of interference in the course of justice
were also proscribed. The act also dealt with the proximate succession to
the throne, provided the heirs were Protestants. It is the constitutional
paper of great importance, which prevented the sovereign from abusing
his authority.
TASK 4. The word AUTHORITY has the following meanings in Russian:
1)	власть
supreme authority — верховная власть
2)	полномочие, право, права, компетенция
to act on smb.’s authority — действовать на основании получен-
ных полномочий
3)	pl. власти, начальство, администрация
local authorities — местные власти; органы местного самоуправ-
ления
4)	авторитет, вес, влияние
to have authority with smb. — пользоваться авторитетом у кого-л.
26
The Best of Just English
5)	авторитет, крупный специалист
he is an authority on law — он является авторитетом в области
права
6)	авторитетный источник
to quote one’s authorities — ссылаться на авторитетные источ-
ники
Match the following English expressions with their Russian equivalents:
1)	competent authority 2)	law-enforcement authorities I agencies 3)	lawful authority 4)	on good authority 5)	the authority of Parliament 6)	to abuse one’s authority 7)	to endue with authority 8)	to gain in authority 9)	to hand over one’s authority to smb. 10)	to have I to exercise authority 11)	to undermine smb.’s authority 12)	to vest smb. with authority 13)	unrestricted authority	а)	превышать свои полномочия b)	власть /полномочия парламента с) законная власть d)	из надёжного источника е)	иметь /осуществлять власть f)	неограниченные полномочия g)	наделять полномочиями кого-л. h)	облечь властью i)	передавать свои полномочия кому-л. j)	подрывать чей-л. авторитет к)	правоохранительные органы 1)	авторитетный специалист т)	приобретать всё большую власть
TASK 5. Render the following text into English paying special attention to the
words and expressions in bold type:
Билль о правах 1689 года
Борьба монарха и парламента привела к революции, извест-
ной под названием Славная революция 1688 года. Король Яков II был
свергнут и вынужден покинуть страну. Его подозревали в желании
сделать католическую религию официальной религией в Англии. В
соответствии с Актом о престолонаследии (Act of Settlement), опуб-
ликованным после Славной революции, принц Вильгельм Оранский
и его супруга Мария взошли на трон. Условием их коронации было
принятие ими английского Билля о правах.
Английский Билль о правах ограничивал власть монарха, на-
делив парламент решающей властью, и обеспечивал защиту анг-
Базовый курс	27
ликанской церкви от любых попыток религиозной контрреформы
короля Якова II или его преемников. Английский Билль о правах
заключал в себе много идей, касающихся права и государства,
которые позднее нашли свое отражение в американской Декларации
независимости, конституции и Билле о правах. Помимо ограничения
власти монарха, документ декларировал такиетрадиционные права
англичан, как право на суд присяжных, запрещение жестоких
наказаний, право обращения с петициями к властям и право
ношения оружия, которое, впрочем, предоставлялось лишь протес-
тантам.
TASK 6. Answer thefollowing questions using the information from the texts above:
1.	What events preceded the Bill of Rights?
2.	Why did King James II have to leave the country?
3.	What documents have regulated succession to the throne since
1688?
4.	How were the rights of the monarch limited by the Bill of Rights?
5. What civil rights were protected by this document?
6. What was the influence of the Bill of Rights on political thinking
in America?
TASK 7. Tell about the Bill of Rights using the information given in Tasks 3,4.
Consult the READER for the extracts from the original text.
UNIT 7
THE EUROPEAN LAW
IN THE 19™ CENTURY:
NAPOLEON'S CODE
Napoleon’s Law
The laws of much of continental Europe (particularly France), of
Quebec in Canada, and of much of Latin America — along with the civil
laws of Louisiana — owe their modem form largely to the work of a man
who never even studied law. Napoleon Bonaparte, the Corsican soldier
who became emperor of France after the French Revolution, established
28
The Best of Just English
in 1800 five commissions to refine and
organise the diverse legal systems of
France. The result, enacted in 1804, was
Napoleon’s Code.
Some of its original 2,281 articles
were drafted by Napoleon himself, and all
were affected by his thinking, even though
he was completely self-taught in legal
matters. The code was a triumphant
attempt to create a legal system that treated
all citizens as equals without regard to
their rank or previous privileges. It was
also so clearly written that it could be read
and understood by ordinary people at a
time when only Latin scholars could make
sense of the earlier laws handed down since Roman times. The code was
adopted intact in most of the areas of Europe that Napoleon dominated and
spread from there across the Atlantic, taking root particularly in French-
speaking American communities. Many of its principles are still in force
today.
TASK 1. Find in the text the English equivalents for the following words and
expressions:
1.	вопросы права
2.	изучать право
3.	различные, несхожие правовые системы
4.	создать правовую систему
5.	император
6.	гражданское право
7.	первоначальный вариант статей
8.	подвергаться влиянию чьих-либо идей
9.	передавать (из поколения в поколение)
10.	господствовать, властвовать
11.	обращаться как с равными
12.	разобраться в чем-то
13.	приживаться, укореняться
14.	быть в силе
15.	без учета привилегий
Retell the text using the active vocabulary.
Базовый курс
29
TASK 2. Consult the previous texts and your legal dictionary to translate the
following words and expressions into English. Make up sentences of your
own, using the expressions below:
•	составлять проект закона
•	создавать, творить законы
•	вносить поправки в законы
•	принимать закон
•	обеспечивать соблюдение законов
•	приводить законы в исполнение
•	отменять законы
•	нарушать законы
TASK 3. Answer the following questions:
1.	What efforts did Napoleon make to reorganise the diverse legal
systems of France?
2.	Did Napoleon draw up the whole code himself?
3.	What was so remarkable about Napoleon’s new code?
4.	What were the benefits of Napoleon’s code for the ordinary people?
5.	Which countries throughout the world still use the elements of
Napoleon’s code?
TASK 4. Render the following text into English paying special attention to the
words and expressions in bold type:
Одним из важнейших событий в истории мирового права ста-
ло принятие кодекса Наполеона. Специальная комиссия, состоя-
щая из крупнейших юристов, под руководством Наполеона в тече-
ние короткого времени усовершенствовала и привела в соответ-
ствие все действующие законы, постановления и местные обычаи
Франции. В 1804 г. этот грандиозный свод законов, состоящий из
2281 статьи, был утвержден под названием Гражданского кодек-
са. Главное в этом кодексе то, что он утверждал равенство всех перед
законом, свободу совести, неприкосновенность личности и соб-
ственности.
Сам Наполеон хорошо понимал историческое значение своей
законотворческой деятельности. “Моя истинная слава, — говорил он,
— не в том, что я выиграл сорок сражений. Но то, что не может быть
забыто, то, что будет жить вечно — это мой Гражданский кодекс”.
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Кодекс Наполеона пережил своего создателя. Империя распа-
лась, но Франция, а вслед за ней многие другие государства Европы
и Америки продолжают руководствоваться правовыми принципа-
ми, изложенными в кодексе Наполеона.
It’s Interesting to Know
Napoleon’s Words of Wisdom
•	A man will fight harder for his interests than for his rights.
•	History is the version of past events that people have
decided to agree upon.
•	It is the success which makes great men.
•	The heart of a statesman must be in his head.
•	From sublime to ridiculousness there is only one step.
•	Public morals are natural complement of all laws: they are
by themselves an entire code.
TASK 5. Choose one of the following topics and prepare a presentation:
1.	The main points of Napoleon’s biography.
2.	The great victories of Napoleon Bonaparte.
3.	One hundred days of Napoleon Bonaparte.
4.	The legal system of France at the time of Napoleon.
REVIEW
What legal codes have you studied in your classes of law? Make a
report on a subject of your choice and present it in class. Use the
patterns and vocabulary from the Chapter.
_____________:____________________________________________________>
CHAPTER II
CRIME AND PUNISHMENT
к
UNIT 1
THE STUDY OF CRIME
BRAINSTORM
•	Misdeed, misconduct
•	Crime, offence, wrongdoing
•	Unlawful act, violation of the law, lawbreaking
•	Harm, sin
What is your understanding of these words? Give examples.
TASK 1. Match the following headings with the sections of the text below:
•	History
•	Application
•	Techniques
•	Subject
•	Objectives
Criminology
(1)	Criminology is a social science
dealing with the nature, extent, and
causes of crime; the characteristics of
criminals and their organizations; the
problems of apprehending and convicting
offenders; the operation of prisons and
other correctional institutions; the
rehabilitation of convicts both in and out
of prison; and the prevention of crime.
(2)	The science of criminology has
two basic objectives: to determine the
causes, whether personal or social, of criminal behaviour and to evolve
valid principles for the social control ofcrime. In pursuing these objectives,
Базовый курс
33
criminology draws on the findings of biology, psychology, psychiatry,
sociology, anthropology, and related fields.
(3)	Criminology originated in the late 18th century when various
movements began to question the humanity and efficiency of using
punishment for retribution rather than deterrence and reform. There arose
as a consequence what is called the classical school of criminology, which
aimed to mitigate legal penalties and humanize penal institutions. During
the 19th century the positivist school attempted to extend scientific neutrality
to the understanding of crime. Because they held that criminals were shaped
by their environment, positivists emphasized case studies and rehabilitative
measures. A later school, the ‘social defence’ movement, stressed the
importance of balance between the rights of criminals and the rights of
society.
(4)	Criminologists commonly use several research techniques. The
collection and interpretation of statistics is generally the initial step in
research. The case study, often used by psychologists, concentrates on an
individual or a group. The typological method involves classifying offences,
criminals, or criminal areas according to various criteria. Sociological
research, which may involve many different techniques, is used in
criminology to study groups, subcultures, and gangs as well as rates and
kinds of crime within geographic areas.
(5)	Criminology has many practical applications. Its findings can give
lawyers, judges, and prison officials a better understanding of criminals,
which may lead to more effective treatment. Criminological research can
be used by legislators and in the reform of laws and of penal institutions.
TASK 2. Find in the text the English equivalents for the following:
1.	криминология рассматривает природу и причины преступ-
лений
2.	изучение обстоятельств правонарушения по материалам дела
3.	криминология опирается на открытия других наук
4.	проблемы задержания преступников
5.	проблемы предотвращения преступлений
6.	применение на практике
7.	исправительные учреждения
8.	установить причины преступности
9.	выработать действующие принципы
10.	смягчить наказание
11.	подвергнуть сомнению
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TASK 3. Replace the words and expressions in bold type with the words and
expressions that mean the same:
•	The objectives of criminology and criminalistics are rather different.
•	The system of penal institutions is to be reformed.
•	The scientific study of criminals originated in the late 18th century.
•	Modem criminologists hold that criminals are shaped by a
multiplicity of factors.
•	Criminology studies the factors that lead to violent behaviour.
TASK 4. Match the legal terms on the left with their definitions on the right. Use
them in sentences of your own:
1) deterrence	a) guidance and instruction given to offenders, their beneficial treatment aimed at restitution of positive skills and attitudes
2) case study	b) measures taken to prevent hostile action
3) legislator	c) a person serving a prison sentence
4) retribution	d) a detailed analysis of a criminal person or group
5) convict	e) a member of a body which gives or makes laws
6) rehabilitation	f) something given or demanded in repayment, especially punishment
TASK 5. Answer the following questions:
1.	What steps can society take to cope with crime?
2.	What trends can be observed in the development of criminology?
3.	What methods and techniques are applied in criminology?
4.	In what other spheres of life can criminology find useful application?
TASK 6. Read the text and write down Russian equivalents for the words and
expressions in bold type:
Cesare Lombroso (1836-1909)
Professor Lombroso is a criminologist whose views, though not
altogether correct, caused a lot of interest and made other people look into
Базовый курс
35
the problem of crime in a more scientific way. He is regarded as the
father of the scientific study of criminals, or criminology.
Lombroso studied at the universities of Padua, Vienna, and Paris,
and later he became a professor of psychiatry and forensic medicine, a
director of a mental asylum.
In an enormous book called The Criminal, he set out the idea that
there is a definite criminal type, who can be recognized by his or her
appearance. Some of what he said is difficult to believe. For example, he
said that left-handed persons have a criminal instinct. Among the things
he considered important were the shape of the head, colour of the hair, the
eyes, the curve of the chin and forehead and if the ears stick out.
Lombroso’s theories were widely influential in Europe for a time,
but his emphasis on hereditary causes of crime was later strongly rejected
in favour of environmental factors. Lombroso tried to reform the Italian
penal system, and he encouraged more humane and constructive
treatment of convicts through the use of work programs intended to make
them more productive members of society.
TASK 7. Complete the following text with the words from the box. Translate the
text:
criminal types; capital punishment; inmates; case studies;
upbringing; investigations;
suspended; multiple; unthinkable; rehabilitative
Cesare Lombroso, professor of psychiatry and anthropology at the
University of Turin, sought through firsthand observation and measurement
36
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of prison________to determine the characteristics of_____. Some
of his___________allowed him to establish the existence of ‘hereditary
criminals’. Lombroso held that such criminals exhibit a higher percentage
of physical and mental anomalies than do noncriminals. Among these
anomalies, were various unusual skull sizes and asymmetries of the facial
bones.
Other scholars helped to introduce the ideas that crime has_
causes and that most criminals are not bom criminal but are shaped by
their____________and associations. Thus, the emphasis in criminology
had turned to experimental__________________and to preventive and
___________measures. Without this contribution into the scientific study
of criminals the present-day alternatives to________________and
old-fashioned imprisonment such as probation,sentence,
fines, and parole would have been.
TASK 8. Answer the following questions:
1.	What is Cesare Lombroso famous for?
2.	How did he try to relate criminal behaviour to a person’s
appearance?
3.	What was Lombroso’s contribution to the development of penal
system?
TASK 9. Render the following article into English paying special attention to the
words and expressions in bold type:
ПРЕСТУПНИКАМИ РОЖДАЮТСЯ
ИЛИ СТАНОВЯТСЯ?
Более ста лет назад итальянский врач Че-
заре Ломброзо создал галерею “преступ-
ных типов”, чем обессмертил свое имя.
Он, например, утверждал, что покатый
лоб, квадратный подбородок, грубые чер-
ты лица, длинные руки и мускулистое те-
лосложение говорят о врожденных пре-
ступных наклонностях.
Понадобилось много лет для того, что-
бы этатеория прирожденного преступ-
ника потеряла свое влияние. Тем не ме-
нее, и в наши дни продолжаются споры
о наследовании преступных качеств и о
биологических предпосылках преступ-
ного поведения.
Послевоенный экономический рост поро-
дил у западных лидеров заблуждение, что
с любыми общественными проблемами
можно справиться, проводя соответст-
вующую социальную политику и уве-
личивая бюджетные отчисления. Тог-
да казалось, что, давая человеку больше
благ, можно смягчить и даже изменить
его природу. Времена изменились, и ста-
Базовый курс
37
ло ясно, что ни либеральные реформы,
ни коммунистический диктат не приве-
ли к обществу процветания.
В 1979 году Центр изучения близнецов и
усыновленных детей в США начал на-
блюдение за близнецами. Все они были
разлучены вскоре после рождения и вос-
питывались в разных концах Англии и
Америки. Ученые исходили из предполо-
жения, что, если близнецы однояйцевые,
все различия, возникшие впоследст-
вии, следует отнести за счет разной сре-
ды обитания. Однако, исследования
показали, что различия между детьми,
воспитанными раздельно, и близнеца-
ми, которые росли в одной семье, прак-
тически отсутствуют.
Другое исследование, проведенное в Да-
нии, показало, что дети преступников,
даже если их воспитывать в домах доб-
ропорядочных граждан, в большей сте-
пенисклонны к конфликтам с законом,
чем их собственные отпрыски. Более то-
го, есть все основания считать, что, если
один из разлученных однояйцевых близ-
нецов имеет судимость за уголовное
преступление, второй рано или поздно
тоже свернет на скользкую дорожку.
Некоторые исследователи идут еще даль-
ше и считают, что первопричина мно-
гих видов правонарушения, в первую
очередь таких тяжких, как убийства,
разбойные нападения, изнасилования
и поджоги — не социальная, а биоло-
гическая.
Самый серьезный удар по “теории о сре-
де” нанесла сравнительно молодая нау-
ка—-социобиология. Исследования, про-
водимые на животных, показали, что у аг-
рессивных обезьян уровень одного из
гормонов — серотонина — ниже, чем у
пассивных. Это, вполне возможно, отно-
сится и к человеку: у людей, совершив-
ших преднамеренные насильственные
преступления, тоже наблюдается недо-
статок этого гормона.
Так кто же виноват: среда или генетика?
38
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DEBATE
Criminality — Inborn or Acquired?
Divide into two groups —pro and con, and condiicta debate on the
origins of criminality. .
Appoint the ‘Chair ’ ofthe debate who will give th£floor to the speakers
of both teams.
Use the active vocabulary from the Unit, ,
UNIT 2
CRIMES AND CRIMINALS
BRAINSTORM
CRIME is an act or the commission of an act that isforbidden or
the omission of a duty that is commanded by a public law and
that makes the offender liable to punishment by that law.
Criminology deals with crimes and criminals; Name as many crimes
as you can remember. Work in teams and compare your lists with
those of other teams.	< .
Law Breakers
TASK 1. Match each word on the left with the appropriate definition on the right:
1)	an arsonist 2)	a shop-lifter 3)	a mugger 4)	an offender 5)	a vandal	a)	attacks and robs people, often in the street b)	sets fire to property illegally c)	is anyone who breaks the law d)	breaks into houses or other buildings to steal e)	steals from shops while acting as an ordinary customer
6) a burglar	f) kills someone
Базовый курс
39
7) a murderer	g) deliberately causes damage to property
8) a kidnapper	h) steals things from people’s pockets in crowded places
9) a pickpocket	i) gets secret information from another country
10) an accomplice	j) buys and sells drugs illegally
11) a drug dealer	k) takes away people by force and demands money for their return
12) a spy	1) helps a criminal in a criminal act
13) a terrorist	m) uses violence for political reasons
14) an assassin	n) causes damage or disturbance in public places
15) a hooligan	o) hides on a ship or plane to get a free journey
16) a stowaway	p) takes control of a plane by force and makes the pilot change course
17) a thief	q) murders for political reasons or a reward
18) a hijacker	r) is someone who steals
19) a forger	s) makes counterfeit (false) money or signatures
20) a robber	t) is a member of a criminal group
21) a smuggler	u) steals money, etc. by force from people or places
22) a traitor	v) marries illegally, being married already
23) a gangster	w) is a soldier who runs away from the army
24) a deserter	x) brings goods into a country illegally without paying tax
25) a bigamist	y) illegally carries drugs into another country
26) drug smuggler	z) betrays his or her country to another state
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TASK 2. Continue the following table with the words from Task 1 where possible.
The first few are done for you. Consult the dictionary when necessary:
Crime	Criminal	Criminal Act
treason	traitor	to betray
theft	thief	to steal
murder	murderer	to murder
Just for Fun
Thieves respect property; they merely wish the property to become
their property that they may more perfectly respect it.
G.K.Chesterton
---------------------------------------------------------------,
ROLE-PLAY
Let’s Do Justice!
Work in pairs. Each pair should consist of a ‘criminal ’ (choose your
role from the list above) and a ‘defence lawyer ’.
STEP 1. The lawyer questions his client (the criminal) andfinds out
all the circumstances of the crime.
STEP 2. The lawyer delivers a speech trying to establish his client’s
innocence.
STEP 3. The rest of the group — the jurors — deliberate on the
evidence and bring in a verdict.
UNIT 3
THE CAUSES OF CRIME
TASK I. Match the following headings with the sections of the text below:
•	Psychological and psychiatric theories
Базовый курс
41
•	Biological theories
•	Multiple causation theory
•	Social environment theories
•	Theological and ethical theories
•	Climatic theory
(1)	No one knows why crime occurs. The oldest theory, based on
theology and ethics, is that criminals are perverse persons who
deliberately commit crimes or who do so at the instigation of the devil
or other evil spirits. Although this idea has been discarded by modem
criminologists, it persists among uninformed people and provides the
rationale for the harsh punishments still meted out to criminals in many
parts of the world.
(2)	Since the 18th century, various
scientific theories have been advanced to
explain crime. One of the first efforts to
explain crime on scientific, rather than
theological, grounds was made at the end
of the 18th century by the German physician
and anatomist Franz Joseph Gall, who tried
to establish relationships between skull
structure and criminal proclivities. This
theory, popular during the 19th century, is
now discredited and has been abandoned.
A more sophisticated theory — a
biological one — was developed late in the
19th century by the Italian criminologist
Cesare Lombroso, who asserted that crimes were committed by persons
who are born with certain recognizable hereditary physical traits.
Lombroso’s theory was disproved early in the 20th century by the British
criminologist Charles Goring. Goring’s comparative study of jailed
criminals and law-abiding persons established that so-called criminal
types, with innate dispositions to crime, do not exist. Recent scientific
studies have tended to confirm Goring’s findings. Some investigators still
hold, however, that specific abnormalities of the brain and of the endocrine
system contribute to a person’s inclination toward criminal activity.
(3)	Another approach to an explanation of crime was initiated by
the French political philosopher Montesquieu, who attempted to relate
criminal behavior to natural, or physical environment. His successors
have gathered evidence tending to show that crimes against person, such
as homicide, are relatively more numerous in warm climates, whereas
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crimes against property, such as theft, are more frequent in colder regions.
Other studies seem to indicate that the incidence of crime declines in direct
ratio to drops in barometric pressure, to increased humidity, and to higher
temperature.
(4)	Many prominent criminologists of the 19th century, particularly
those associated with the Socialist movement, attributed crime mainly
to the influence of poverty. They pointed out that persons who are unable
to provide adequately for themselves and their families through normal
legal channels are frequently driven to theft, burglary, prostitution, and
other offences. The incidence of crime especially tends to rise in times of
widespread unemployment. Present-day criminologists take a broader
and deeper view; they place the blame formost crimes on the whole range
of environmental conditions associated with poverty. The living conditions
of the poor, particularly of those in slums, are characterized by
overcrowding, lack of privacy, inadequate play space and recreational
facilities, and poor sanitation. Such conditions engender feelings of
deprivation and hopelessness and are conducive to crime as a means of
escape. The feeling is encouraged by the example set by those who have
escaped to what appears to be the better way of life made possible by crime.
Some theorists relate the incidence of crime to the general state of
a culture, especially the impact of economic crises, wars, and revolutions
and the general sense of insecurity and uprootedness to which these forces
give rise. As a society becomes more unsettled and its people more restless
and fearful of the future, the crime rate tends to rise. This is particularly
true of juvenile crime, as the experience of the United States since World
War II has made evident.
(5)	The final major group of
theories are psychological and
psychiatric. Studies by such 20th
century investigators as the
American criminologist Bernard
Glueck and the British psychiatrist
William Healy indicated that about
one-fourth of a typical convict
population is psychotic, neurotic,
or emotionally unstable and
another one-fourth is mentally
deficient. These emotional and
mental conditions do not
automatically make people
criminals, but do, it is believed,
Базовый курс
43
make them more prone to criminality. Recent studies of criminals have
thrown further light on the kinds of emotional disturbances that may
lead to criminal behavior.
(6)	Since the mid-20th century, the notion that crime can be explained
by any single theory has fallen into disfavour among investigators. Instead,
experts incline to so-called multiple factor, ormultiple causation theories.
They reason that crime springs from a multiplicity of conflicting and
converging influences — biological, psychological, cultural, economic
and political. The multiple causation explanations seem more credible
than the earlier, simpler theories. An understanding of the causes of crime
is still elusive, however, because the interrelationship of causes is difficult
to determine.
TASK 2. Write down Russian equivalents for the words and expressions in bold
type, given in the text above.
TASK 3. Find in the texts above the English equivalents for the following words
and expressions and reproduce the context in which they were used:
1.	кража
2.	убийство
3.	кража co взломом
4.	сравнительный анализ преступников и законопослушных граж-
дан
5.	соотнести преступное поведение с факторами окружающей
среды
6.	преступления против человека
7.	преступления против собственности
8.	совершать преступления умышленно
9.	некоторые узнаваемые наследуемые черты
10.	выдающиеся ученые-криминологи
11.	ряд условий
12.	уровень преступности
13.	быть склонным к преступной деятельности
14.	пролить свет на проблему
15.	теория многообразия факторов
16.	достоверная теория
TASK 4. Answer the following questions:
1.	What ideas were the earliest criminological theories based on?
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2.	How did the biological theory develop?
3.	What was Montesquieu’s approach to causes of crime?
4.	What views on crime predominated in the 19th century?
5.	How did criminological theories develop in the 20th century?
6.	What is the relationship between the mental and emotional state of
a person and his or her inclinations to crime?
7.	What are the latest views on the causes of crime?
TASK5. Render the following passage into English paying special attention to the
words and expressions in bold type:
Преступность и ее причины
Преступность и ее причины могут быть изучены на индивиду-
альном, групповом и социальном уровнях. Следовательно, им могут
быть даны психологическое, социологическое и философское объ-
яснения. Эти объяснения не противоречат друг другу, а дополняют
одно другое, позволяя проанализировать причины преступности с
различных сторон.
Рассматривая эту проблему на индивидуальном уровне, мож-
но обозначить причины преступности как конфликт поведения че-
ловека с социальной средой.
Когда человек оказывается в сложной ситуации, он часто не
находит решения возникших проблем ивыбирает преступный путь.
Но возникает естественный вопрос: а почему личность форми-
руется таким образом? И почему возникают проблемные ситуации,
ставящие человека перед трудным выбором? Ответить на эти вопро-
сы невозможно, если не обратиться к изучению современного об-
щества. При этом очевидно, что в качестве причин преступности
выступают и социально-экономические, и политические, и духовные
факторы, тесно связанные друг с другом.
Обстоятельствами, ведущими к преступному поведению, счи-
таются антиобщественное поведение родителей; алкоголизм, нерв-
но-психические заболевания родителей; низкий уровень культу-
ры в семье.
Негативными особенностями личности и поведения считаются:
прежняя судимость; совершение противоправных поступков; нега-
тивное отношение к нравственным ценностям; жестокость и мсти-
тельность; пьянство, употребление наркотиков, азартные игры.
Итак, нетрудно заключить, что преступность возникает на осно-
ве взаимодействия личности и социальной среды.
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45
DEBATE
All criminals are perverse people!
Prepare your arguments for or against the statement above.
Use the active vocabulary from the Unit.
Divide into two groups — pro and con, and conduct a debate.
Appoint the ‘Chair ’ of the debate who will give the floor to the speakers
of both teams.
UNIT 4
PUNISHMENT
BRAINSTORM,
In your opinion, what does ‘punishment' mean?
What kinds of punishment do you know?
TASK 1. Read the text and write down Russian equivalents for the words in bold
Punishment describes the imposition by some
authority of a deprivation — usually painful — on
a person who has violated a law, a rule, or other
norm. When the violation is of the criminal law of
society there is a formal process of accusation and
proof followed by imposition of a sentence by a designated official, usually
a judge. Informally, any organized group — most typically the family,
may punish perceived wrongdoers.
Because punishment is both painful and guilt producing, its
application calls for a justification. In Western culture, four basic
justifications have been given: retribution, deterrence, rehabilitation,
and incapacitation.
Most penal historians note a gradual trend over the last centuries
toward morelenient sentences in Western countries. Capital and corporal
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The Best of Just English
punishment, widespread in the early 19th century, are seldom invoked by
contemporary society. Indeed, in the United States corporal punishment
as such appears to be contrary to the 8th Amendment’s restrictions on cruel
and unusual punishment. Yet the rate of imprisonment in the United States
appears to be growing. Furthermore, since the middle of the 20th century,
popular and professional sentiment has taken a distinctly punitive turn
and now tends to see retribution and incapacitation — rather than
rehabilitation — as the goals of criminal punishment.
Criminal sentences ordinarily embrace four basic modes of
punishment. In descending order of severity these are: incarceration,
community supervision, fine, and restitution. The death penalty is now
possible only for certain types of atrocious murders and treason.
Punishment is an ancient practice whose presence in modem cultures
may appear to be out of place because it purposefully inflicts pain. In the
minds of most people, however, it continues to find justification.
TASK 2. Explain the meaning of the following words and expressions:
•	authority, authorities •	community supervision •	deterrence •	fine •	incapacitation •	incarceration	• justification • rehabilitation • restitution • retribution • sentence • deprivation
TASK 3. The word PUNITIVE has the following meanings in Russian:
1) связанный с применением наказания
punitive article — статья, устанавливающая уголовную санкцию
2) карательный; штрафной
punitive action — карательная мера, карательная акция
Match the following English expressions with their Russian equivalents:
1)	punitive sentencing 2)	punitive institution 3)	punitive justice 4)	punitive law 5)	punitive legislation	а)	карательная мера b)	карательное воздействие с)	карательное правосудие d)	карательное учреждение е)	лишение свободы как кара за совершённое преступление
6) punitive measure 7) punitive treatment	f) уголовное законодательство g) уголовный закон
Базовый курс
47
TASK 4. Point out the main ideas of the text in Task 1. Make a list of them.
TASK 5. Work in teams and write down false statements based on the text in
Task I (no fewer than 6 statements). Present them in class. Use the
information from the text to refute the other team’s false statements.
TASK 6. Complete the following text with the words and expressions from the
box:
From the History of Punishment
victim; felons; offender; beheading; adultery; pillory; punishment;
execution;
deliberately; condemned; ancient; medieval; guilty; legal; public
For the most history
______________has been both
painful and in order
to act as deterrent to others.
Physical punishments and
public humiliations were
social events and carried out
in most accessible parts of
towns, often on market days
when the greater part of the
population were present.
Justice had to be seen to be
done.
One of the most bizarre methods of_____________was inflicted in
ancient Rome on people found of murdering their fathers.
Their punishment was to be put in a sack with a rooster, a viper, and a dog,
and then drowned along with the three animals. In_________Greece the
custom of allowing a man to end his own life by poison was
extended only to full citizens. The philosopher Socrates died in this way.
Condemned slaves were beaten to death instead. Stoning was the ancient
method of punishment for_______________among other crimes.
In Turkey if a butcher was found guilty of selling bad meat, he was
tied to a post with a piece of stinking meat fixed under his nose, or a baker
having sold short weight bread could be nailed to his door by his ear.
3 — 9099
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One of the most common punishments for petty offences was the
, which stood in the main square of towns. The was
locked by hands and head into the device and made to stand sometimes for
days, while crowds jeered and pelted the offender with rotten vegetables
or worse.
In_________Europe some methods of execution were_________drawn
out to inflict maximum suffering._____were tied to a heavy wheel and
rolled around the streets until they were crushed to death. Others were
strangled, very slowly. One of the most terrible punishments was hanging
and quartering. The__________was hanged, beheaded and the body cut
into four pieces. It remained a_______method of punishment in Britain
until 1814.was normally reserved for those of high rank. In
England ‘block and axe’ was the common method but this was different
from France and Germany where the victim kneeled and the head was taken
off with a swing of the sword.
TASK 7. Answer the following questions:
1.	Why did ancient punishment have to be painful?
2.	What was the purpose of making punishments public?
3.	What was the symbolic meaning of the punishment inflicted on the
parent’s murderers?
4.	What punishments were most common in the East?
5.	How did punishments reflect social status?
It’s Interesting to Know
Joseph Ignace Guillotin
A doctor and member of the French Legislative Assembly, he
suggested the use of the guillotine for executions in 1789. A physician
and humanitarian, Guillotin was disturbed by vulgarity of public
executions and petitioned for a single method of capital punishment
to be used for all crimes demanding the death sentence. The guillotine
consists of a heavy blade with a diagonal edge, which falls between
two upright posts to cut off the victim’s head cleanly and quickly.
Similar machines had been used in various other countries including
Scotland and Italy. The main idea was to make execution as quick
and painless as possible. The first person executed by guillotine was
the highwayman Pelletier in 1792, but the machine came into its own
Базовый курс
49
in 1793, during the Reign of Terror following the French Revolution,
when aristocrats were guillotined by the hundred. The device was
nicknamed ’’Madame Guillotine” after its sponsor.
Charles Lynch
Captain Charles Lynch, of Virginia, author of the infamous lynch
law, will forever be linked with ‘vigilante justice’. Lynch decided
that he and his neighbours were too far from lawmakers and sheriffs
to punish properly the vandals and robbers terrorizing the rural area.
He encouraged the fellow citizens to sign a declaration he drafted,
announcing the intention to ‘take matters in their own hands’. “If
they (criminals) do not desist from their evil practices, we will inflict
such corporal punishment on him or them, as to us shall seem adequate
to the crime committed or the damage sustained”.
Although the death penalty was not always exacted, in most cases
the punishment turned out to be hanging. In addition to the fact that
many innocent victims suffered lynching, a certain amount of guilt
among the lynchers can be ascertained by the very technique for
hanging criminals.
Lynch and his cohorts practiced a form of passive hanging. A
rope was tied around a tree and the condemned man placed on a horse
with the other side of the rope strung snugly around his neck. So the
criminal was killed not by the captors tightening the noose, but the
whim of the horse. When the horse moved far enough away from the
tree, the rope choked the horseman.
UNIT 5
THE PURPOSE OF STATE PUNISHMENT
BRAINSTORM
How do you understand the purpose of state punishment?
In your opinion, how should state punishment be administered?
3*
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TASK 1. Explain the meaning of the words and expressions from the box. Complete
the following text using these words and expressions:
wrongdoer; misdeeds; deterrent; retribution; death penalty; corporal
punishment; rehabilitate; reform; barbaric; law-abiding; humane;
crime doesn’t pay
What is the purpose of punishment? One purpose is obviously to
the offender, to correct the offender’s moral attitudes and anti-
social behaviour and to him or her, which means to assist the
offender to return to normal life as a useful member of the community.
Punishment can also be seen as a because it warns other people
of what will happen if they are tempted to break the law and prevents them
from doing so. However, the third purpose of punishment lies, perhaps, in
society’s desire for_____, which basically means revenge. In other
words, don’t we feel that a should suffer for his?
The form of punishment should also be considered. On the one hand,
some believe that we should ‘make the punishment fit the crime’. Those
who steal from others should be deprived of their own property to ensure
that criminals are left in no doubt that______________. For those
who attack others should be used. Murderers should be
subject to the principle ‘an eye for an eye and a tooth for a tooth’ and
automatically receive the.
On the other hand, it is said that such views are unreasonable, cruel
and________and that we should show a more___attitude to punishment
and try to understand why a person commits a crime and how society has
failed to enable him to live a respectable,life.
TASK 2. Name the main purposes of state punishment as mentioned in the text.
Learn the text by heart.
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51
UN I Т 6
TREATMENT OF CRIMINALS
TASK 1. Match the following headings with the sections of the text below:
•	Rehabilitative programs
•	Psychiatric and case-study methods
•	Bentham approach
•	Neoclassical school
•	Preventive approach
(1)	Various correctional
approaches developed in the wake of
causation theories. The old theological
and moralistic theories encouraged
punishment as retribution by society
for evil. This attitude, indeed, still
exists. The 19th-century British jurist
and philosopher Jeremy Bentham
tried to make the punishment more
precisely fit the crime. Bentham
believed that pleasure could be
measured against pain in all areas of
human choice and conduct and that human happiness could be attained
through such hedonic calculus. He argued that criminals would be deterred
from crime if they knew, specifically, the suffering they would experience
if caught. Bentham therefore urged definite, inflexible penalties for
each class of crime; the pain of the penalty would outweigh only slightly
the pleasure of success in crime; it would exceed it sufficiently to act
as a deterrent, but not so much as to amount to wanton cruelty. This
so-called calculus of pleasures and pains was based on psychological
postulates no longer accepted.
(2)	The Bentham approach was in part superseded in the late 19th and
early 20th centuries by a movement known as the neoclassical school. This
school, rejecting fixed punishments, proposed that sentences vary with
the particular circumstances of a crime, such as the age, intellectual
level, and emotional state of the offender; the motives and other
conditions that may have incited to crime; and the offender’s past
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record and chances of rehabilitation. The influence of the neoclassical
school led to the development of such concepts as grades of crime and
punishment, indeterminate sentences, and the limited responsibility of
young or mentally deficient offenders.
(3)	At about the same time, the so-called Italian school stressed
measures for preventing crime rather than punishing it. Members of this
school argued that individuals are shaped by forces beyond their
control and therefore cannot be held fully responsible for their crimes.
They urged birth control, censorship of pornographic literature, and other
actions designed to mitigate the influences contributing to crime. The Italian
school has had a lasting influence on the thinking of present-day
criminologists.
(4)	The modem approach to the treatment of criminals owes most to
psychiatric and case-study methods. Much continues to be learned from
offenders who have been placed on probation or parole and whose behavior,
both in and out of prison, has been studied intensively. The contemporary
scientific attitude is that criminals are individual personalities and
that their rehabilitation can be brought about only through individual
treatment. Increased juvenile crime has aroused public concern and has
stimulated study of the emotional disturbances that foster delinquency.
This growing understanding of delinquency has contributed to the
understanding of criminals of all ages.
(5)	During recent years, crime has been under attack from many
directions. The treatment and rehabilitation of criminals has improved in
many areas. The emotional problems of convicts have been studied and
efforts have been made to help such offenders. Much, however, remains to
be done. Parole boards have engaged persons trained in psychology
and social work to help convicts on parole or probation adjust to
society. Various U.S. states have agencies with programs of reform and
rehabilitation for both adult and juvenile offenders.
Many communities have initiated concerted attacks on the conditions
that breed crime. Criminologists recognize that both adult and juvenile
crime stem chiefly from the breakdown of traditional social norms
and controls, resulting from industrialization, urbanization, increasing
physical and social mobility, and the effects of economic crises and
wars. Most criminologists believe that effective crime prevention requires
community agencies and programs to provide the guidance and control
performed, ideally and traditionally, by the family and by the force of social
custom. Although the crime rate has not drastically diminished as a result
of these efforts, it is hoped that the extension and improvement of all valid
approaches to prevention of crime eventually will reduce its incidence.
Базовый курс
53
TASK 2. Write down the translation of the sentences from the text above given in
bold type.
TASK 3. Find in the text the English equivalents for the following words and
expressions:
1.	бессмысленная жестокость
2.	досрочное освобождение
3.	общественные организации
4.	ограниченная ответственность
5.	освобождение на поруки
6.	порождать преступление
7.	преступления, совершенные несовершеннолетними
8.	привлекать внимание общественности
9.	совет по условно-досрочному освобождению
10.	упадок традиционных общественных норм
DISCUSSION
Using the information andfacts from the Unit discuss the following:
•	Greater public understanding of the crime problem is
important for the apprehension and conviction of criminals,
their rehabilitation, and the prevention of crime.
•	Awareness by the criminal of a high probability of arrest is
the most effective deterrent to crime.
•	The emotional problems of convicts should be given special
consideration.
•	Crime stems from the breakdown of traditional social norms.
•	Family and social control are the most effective means of
crime prevention.
•	In recent years public has demanded longer and hasher
sentences for offenders.
TASK 4. Give Russian equivalents for the following general types ofpunishment.
Put them in descending order of severity.
•	Capital punishment
•	Community service
•	Disciplinary training in a detention centre
•	Fixed penalty fine
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•	Life imprisonment
•	Probation
•	Short-term imprisonment
•	Suspended sentence
• Long-term imprisonment
TASK 5. Study the following list of offences. Rate them on a scale from 1 to 10 (I
is a minor offence, 10 is a very serious crime). They are in no particular
order. You don’t have to apply your knowledge of existing laws —your
own opinion is necessary:
□ driving in excess of the speed limit
□ common assault (e.g. a fight in a disco-club)
□ drinking and driving
□ malicious wounding (e.g. stabbing someone in a fight)
□ murdering a policeman during a robbery
□ murdering a child
□ causing death by dangerous driving
□ smoking marijuana
□ selling drugs (such as heroin)
□ stealing £1,000 from a bank by fraud
□ stealing £1,000 worth of goods from someone’s home
□ rape
□ grievous bodily harm (almost killing someone)
□ shop-lifting
□ stealing £1,000 from a bank by threatening someone with a gun
□ possession of a gun without a licence
TASK 6. Which of the sentences listed in Task 4 fit the offences in Task 5? Give
your reasons.
TASK 7. Study the authentic cases given below. Discuss each case in class and
decide the following:
1.	Was justice done?
2.	If you were the judge, what other facts and circumstances would
you like to know?
3.	If you were the judge, would you give a different sentence?
4.	Would you choose a lighter sentence, or a more severe one?
5.	How would you have felt if you had been the victim of the crime?
6.	How would you have felt if you had been the defendant?
Базовый курс
55
Manslaughter
In 1981 Marianne Bachmeir, from Lubeck, West Germany, was in
court watching the trial of Klaus Grabowski, who had murdered her 7 year-
old daughter. Grabowski had a history of attacking children. During the
trial, Frau Bachmeir pulled a Beretta 22 pistol from her handbag and fired
eight bullets, six of which hit Grabowski, killing him. The defence said
she had bought the pistol with the intention of committing suicide, but
when she saw Grabowski in court she drew the pistol and pulled the trigger.
She was found not guilty of murder, but was given six years imprisonment
for manslaughter. West German newspapers reflected the opinion of
millions of Germans that she should have been freed, calling her ‘the
avenging mother’.
Crime of Passion
Bernard Lewis, a thirty-six-old man, while preparing dinner became
involved in an argument with his drunken wife. In a fit of a rage Lewis,
using the kitchen knife with which he had been preparing the meal, stabbed
and killed his wife. He immediately called for assistance, and readily
confessed when the first patrolman appeared on the scene with the
ambulance attendant. He pleaded guilty to manslaughter. The probation
department’s investigation indicated that Lewis was a rigid individual who
never drank, worked regularly, and had no previous criminal record. His
thirty-year-old deceased wife, and mother of three children, was a ‘fine
girl’ when sober but was frequently drunk and on a number of occasions
when intoxicated had left their small children unattended. After due
consideration of the background of the offence and especially of the plight
of the three motherless youngsters, the judge placed Lewis on probation
so that he could work, support and take care of the children. On probation
Lewis adjusted well, worked regularly, appeared to be devoted to the
children, and a few years later was discharged as ‘improved’ from probation.
Murder
In 1952 two youths in Mitcham, London, decided to rob a dairy. They
were Christopher Craig, aged 16, and Derek William Bentley, 19. During
the robbery they were disturbed by Sydney Miles, a policeman. Craig
produced a gun and killed the policeman. At that time Britain still had the
death penalty for certain types of murder, including murder during a robbery.
Because Craig was under 18, he was sentenced to life imprisonment. Bently
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who had never touched the gun, was over 18. He was hanged in 1953. The
case was quoted by opponents of capital punishment, which was abolished
in 1965.
Assault
In 1976 a drunk walked into a supermarket. When the manager asked
him to leave, the drunk assaulted him, knocking out a tooth. A policeman
who arrived and tried to stop the fight had his jaw broken. The drunk was
fined 10 pounds.
Shop-lifting
In June 1980 Lady Isabel Barnett, a well-known TV personality was
convicted of stealing a tin of tuna fish and a carton of cream, total value
87p, from a small shop. The case was given enormous publicity. She was
fined 75 pounds and had to pay 200 pounds towards the cost of the case. A
few days later she killed herself.
Fraud
This is an example of a civil case rather than a criminal one. A man
had taken out an insurance policy of 100,000 pounds on his life. The policy
was due to expire at 3 o’clock on a certain day. The man was in serious
financial difficulties, and at 2.30 on the expiry day he consulted his solicitor.
He then went out and called a taxi. He asked the driver to make a note of
the time, 2.50. He then shot himself. Suicide used not to cancel an insurance
policy automatically. (It does nowadays.) The company refused to pay the
man’s wife, and the courts supported them.
DEBATE
•	An eye for an eye and a tooth for a tooth.
•	Judge not least you be judged.
•	Everyone deserves a second chance.
•	Justice is nothing unless it is tempered with mercy.
Prepare your arguments for or against the statements above.
Use the active vocabulary from the Unit.
Divide into two groups —pro and con, and conduct a debate.
Appoint the ‘Chair ’ ofthe debate who will give thefloor to the speakers
of both teams.
Базовый курс
57
UNIT 7
CAPITAL PUNISHMENT: HISTORY
TASK 1. Match the following headings with the sections of the text below:
•	Effectiveness
•	History
•	Moral aspect
(1)	Capital punishment is a legal infliction of the death penalty; in
modem law, corporal punishment in its most severe form. The usual
alternative to the death penalty is long-term or life imprisonment.
The earliest historical records contain evidence of capital punishment.
It was mentioned in the Code of Hammurabi. The Bible prescribed death
as the penalty for more than 30 different crimes, ranging from murder to
fornication. The Draconian Code of ancient Greece imposed capital
punishment for every offence.
In England, during the reign of William the Conqueror, the death
penalty was not used, although the results of interrogation and torture were
often fatal. By the end of the 15th century, English law recognized six major
crimes: treason, murder, larceny, burglary, rape, and arson. By 1800, more
than 200 capital crimes were recognized; and as a result, 1000 or more
persons were sentenced to death each year (although most sentences
were commuted by royal pardon). In early
American colonies the death penalty was
commonly authorized for a wide variety of
crimes. Blacks, whether slave or free, were
threatened with death for many crimes that
were punished less severely when committed
by whites.
Efforts to abolish the death penalty did
not gather momentum until the end of the
18th century. In Europe, a short treatise, On
Crimes and Punishments, by the Italian jurist
Cesare Beccaria, inspired influential thinkers
such as the French philosopher Voltaire to
oppose torture, flogging, and the death
penalty.
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The abolition of capital punishment in England in November 1965
was welcomed by most people with humane and progressive ideas. To
them it seemed a departure from feudalism, from the cruel pre-Christian
spirit of revenge: an eye for an eye and a tooth for a tooth. Many of these
people think differently now. Since the abolition of capital punishment
crime — and especially murder—has been on increase throughout Britain.
Today, therefore, public opinion in Britain has changed. People who before,
also in Parliament, stated that capital punishment was not a deterrent to
murder — for there have always been murders in all countries with or
without the law of execution — now feel that killing the assassin is the
lesser of two evils. Capital punishment, they think, may not be the ideal
answer, but it is better than nothing, especially when, as in England, a
sentence of life imprisonment only lasts eight or nine years.
(2)	The fundamental questions raised by the death penalty are whether
it is an effective deterrent to violent crime, and whether it is more effective
than the alternative of long-term imprisonment.
DEFENDERS of the death penalty insist that because taking an
offender’s life is a more severe punishment than any prison term, it must
be the better deterrent. SUPPORTERS also argue that no adequate deterrent
in life imprisonment is effective for those already serving a life term who
commit murder while being in prison, and for revolutionaries, terrorists,
traitors, and spies.
In the U.S. those who argue against the death penalty as a deterrent to
crime cite the following: (1) Adjacent states, in which one has the death
penalty and the other does not, show no significant differences in the murder
rate; (2) states that use the death penalty seem to have a higher number of
homicides than states that do not use
it; (3) states that abolish and then
reintroduce the death penalty do not
seem to show any significant change
in the murder rate; (4) no change in
the rate of homicides in a given city
or state seems to occur following an
expository execution.
In the early 1970s, some
published reports showed that each
execution in the U.S. deterred eight
or more homicides, but subsequent
research has discredited this finding.
The current prevailing view among
criminologists is that no conclusive
Базовый курс
59
evidence exists to show that the death penalty is a more effective deterrent
to violent crime than long-term imprisonment.
(3)	The classic moral arguments in favor of the death penalty have
been biblical and call for retribution. “Whosoever sheds man’s blood, by
man shall his blood be shed” has usually been interpreted as a divine warrant
for putting the murderer to death. “Let the punishment fit the crime” is its
secular counterpart; both statements imply that the murderer deserves to
die. DEFENDERS of capital punishment have also claimed that society
has the right to kill in defence of its members, just as the individual may
kill in self-defence. The analogy to self-defence, however, is somewhat
doubtful, as long as the effectiveness of the death penalty as a deterrent to
violent crimes has not been proved.
The chief objection to capital punishment has been that it is always
used unfairly, in at least three major ways. First, women are rarely sentenced
to death and executed, even though 20 per cent of all homicides in recent
years have been committed by women. Second, a disproportionate number
of non-whites are sentenced to death and executed. Third, poor and
friendless defendants, those with inexperienced or court-appointed attorney,
are most likely to be sentenced to death and executed.
DEFENDERS of the death penalty, however, have insisted that,
because none of the laws of capital punishment causes sexist, racist, or
class bias in its use, these kinds of discrimination are not a sufficient reason
for abolishing the death penalty. OPPONENTS have replied that the death
penalty can be the result of a mistake in practice and that it is impossible to
administer fairly.
TASK 2. Find in the text the English equivalents for the following words and
expressions related to punishment:
1.	возмездие
2.	долгосрочное тюремное заключение
3.	допрос
4.	отбывать срок в тюрьме
5.	отмена смертной казни
6.	пожизненное тюремное заключение
7.	показательная казнь
8.	приговаривать к смерти
9.	пытка
10.	смягчать приговор
11.	телесные наказания
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TASK 3. Translate the following passage into English paying special attention to
the words in bold type:
На протяжении веков смертная казнь назначалась за самые
разные виды преступлений. В средние века человека могли казнить
за хищение имущества, изнасилование и даже поджог. Государ-
ственная измена была и остается во многих странах преступлени-
ем, наказуемым смертной казнью. Существует мнение, что даже
долгосрочное или пожизненное тюремное заключение является
бессмысленным наказанием для так называемых “идеологических”
преступников: предателей, шпионов, террористов. Смертная казнь
для такого рода преступников — меньшее из двух зол.
TASK 4. Answer the following questions:
1.	Why was capital punishment imposed so frequently in ancient
societies?
2.	Why were blacks punished more severely than whites in early
American colonies?
3.	When did European thinkers begin considering the alternatives to
death penalty?
4.	How have the attitudes towards capital punishment changed in
Britain since the abolition of death penalty in 1965?
5.	Is imprisonment effective for revolutionaries and terrorists? Why?
6.	How have Americans treated the problem of death penalty?
7.	What factors may hamper the fair administration of justice in capital
cases?
TASK 5. Continue the table below with the following words and expressions
describing polar views. The first few are done for you
FOR	AGAINST
proponent to argue in favour of smth.	opponent to argue against smth.
•	con
•	objection to smth.
•	defender
•	pro
•	supporter
•	to accept smth.
•	to admit smth.
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61
•	to agree to/with smth.
•	to confirm smth.
•	to consent to smth.
•	to contradict to smth.
•	to deny smth.
•	to disagree with smth.
•	to object to smth.
•	to oppose smth.
•	to reject smth.
TASK 6. What is your personal understanding of the following famous statements?
Make a list of examples from history to illustrate these statements. Use
the words and expressions from Task 5 to support the following opposite
points of view:
FOR	AGAINST
1. “An eye for an eye and a tooth for a tooth!” — We should admit this Biblical principle. It is eternal!....	1. “An eye for an eye and a tooth for a tooth!” — This is a cruel pre-Christian spirit of revenge. We are civilized now — let’s give it up and be humane!....
2. “Let the punishment fit the crime.” — Those who steal should be deprived of their property, .... those who kill should be deprived of their own lives!....	2. “Let the punishment fit the crime.” — We can not accept fixed punishments for crimes. Circumstances should be taken into account.
3. “The pain of the penalty should outweigh only slightly the pleasure of success in crime.” J. Bentham	3.
4.	4. “It is much more prudent to acquit two persons, though actually guilty, than to pass sentence of condemnation on one that is virtuous and innocent.” Voltaire
5. “The primary purpose of the punishment which society inflicts is to redress the disorder caused by the offence.” Pope John Paul II	5.
6. 7. “Whosoever sheds man’s blood, by man shall his blood be shed.”	6. “An evil deed is not redeemed by an evil deed of retaliation.” C.S.King 7.
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DISCUSSION
Describe the current attitudes to the following problems using the
expressions from Task 5. Make up no fewer than 5 sentences.
•	International terrorism
•	Environment
•	Artificial intelligence
•	Drugs
•	Political correctness
Just for Fun
Murder is always a mistake... One should never do anything that one
cannot talk about after dinner.
Oscar Wilde
♦ ♦ *
A man sentenced to death was being taken to the execution place in
very nasty weather.
“What lousy weather”, he remarked.
“You are not the one to grumble”, commented one of the escort.
“We’ve got yet to go back”.
UNIT 8
CAPITAL PUNISHMENT:
FOR AND AGAINST
Perhaps all criminals should be required to carry cards which read:
“Fragile: Handle with Care”. It will never do, these days, to go around
referring to criminals as violent thugs. You must refer to them politely as
‘social misfits’. The professional killer who wouldn’t think twice about
using his cosh or crowbar to batter some harmless old lady to death in
order to rob her of her meagre life-savings must never be given a dose of
Базовый курс
63
his own medicine. He is in need of
‘hospital treatment’. According to his
misguided defenders, society is to
blame. A wicked society breeds evil —
or so the argument goes. When you
listen to this kind of talk, it makes you
wonder why we aren’t all criminals. We
have done away with the absurdly harsh
laws of the nineteenth century and this
is only right. But surely enough is
enough. The most senseless piece of
criminal legislation in Britain and a
number of other countries has been the
suspension of capital punishment.
The violent criminal has become
a kind of hero-figure in our time. He is
glorified on the screen; he is pursued by
the press and paid vast sums of money for his ‘memoirs’. Newspapers
which specialise in crime-reporting enjoy enormous circulations and the
publishers of trashy cops and robbers stories or ‘murder mysteries’ have
never had it so good. When you read about the achievements of the great
train robbers, it makes you wonder whether you are reading about some
glorious resistance movement. The hardened criminal is cuddled and
cosseted by the sociologists on the one hand and adored as a hero by the
masses on the other. It’s no wonder he is a privileged person who expects
and receives VIP treatment wherever he goes.
Capital punishment used to be a major deterrent. It made the violent
robber think twice before pulling the trigger. It gave the cold-blooded
poisoner something to ponder about while he was shaking up or serving
his arsenic cocktail. It prevented unarmed policemen from being mowed
down while pursuing their duty by killers armed with automatic weapons.
Above all, it protected the most vulnerable members of society, young
children, from brutal sex-maniacs. It is horrifying to think that the criminal
can literally get away with murder. We all know that ‘life sentence’ does
not mean what it says. After ten years or so of ‘good conduct’, the most
desperate villain is free to return to society where he will live very
comfortably, thank you, on the proceeds of his crime, or he will go on
committing offences until he is caught again. People are always willing to
hold liberal views at the expence of others. It’s always fashionable to pose
as the defender of the under-dog, so long as you, personally, remain
unaffected. Did the defenders of crime, one wonders, in their desire for
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fair-play, consult the victims before they suspended capital punishment?
Hardly. You see, they couldn’t, because all the victims were dead.
TASK 1. Explain the meaning of the following words and expressions:
•	a brutal sex-maniac
•	a cold-blooded poisoner
•	a desperate villain
•	a hardened criminal
•	a professional killer
•	‘a social misfit’
•	a train robber
•	a violent criminal
•	a violent robber
•	a violent thug
•	to batter
•	to breed evil
•	to cosset
•	to cuddle
•	to deter criminals
•	to do away with
•	to get away with murder
•	to go on committing offences
•	to mow down
•	to pull the trigger
•	to rob
•	to think twice
TASK 2. Study the following key phrases from the text above. Reproduce the text
using these key phrases:
1.	Criminals should carry cards: “Fragile: Handle with Care”.
2.	We mustn’t refer to them as thugs, but as ‘social misfits’.
3.	Killer who murders old lady for savings needs ‘hospital treatment’.
4.	“Society is to blame” argument — why aren’t we all criminals?
5.	We have done away with absurdly harsh laws: that’s enough.
6.	Suspension of capital punishment: senseless.
7.	Violent criminal: a hero figure.
8.	Glorified on screen and by press.
9.	Great demand for crime stories.
10.	Train robbers: a glorious resistance movement?
11.	Cuddled by sociologists, adored by masses, the criminal is a
privileged person.
12.	He expects and receives VIP treatment.
13.	Capital punishment was once a major deterrent.
14.	It protected unarmed policemen, young children.
15.	Now the criminal can get away with murder.
16.	‘Life sentence’: ten years ‘good conduct’ and then freedom to
live on the proceeds of crime.
17.	People hold liberal views at the expence of others.
18.	Were victims consulted before suspension of capital punishment?
No: they were dead.
Базовый курс
65
TASK 3. Follow the statements given in Task 2. Provide counter-arguments to
each statement. Compare your list with those of other students.
TASK 4. Study the following facts and arguments:
Financial Costs
The death penalty is not now, nor has it ever been, a more economical
alternative to life imprisonment. A murder trial normally takes much longer
when the death penalty is at issue than when it is not. Litigation costs —
including the time of judges, prosecutors, public defenders, and court
reporters, and the high costs of briefs — are all borne by the taxpayer.
Inevitability of Error
In 1975, only a year before the Supreme Court affirmed the
constitutionality of capital punishment, two African-American men in
Florida were released from prison after twelve years awaiting execution
for the murder of two white men. Their convictions were the result of
coerced confessions, erroneous testimony of an alleged eyewitness, and
incompetent defense counsel. Though a white man eventually admitted
his guilt, a nine-year legal battle was required before the governor would
grant them a pardon. Had their execution not been stayed while the
constitutional status of the death penalty was argued in the courts, these
two innocent men probably would not be alive today.
Barbarity
The latest mode of inflicting the death penalty, enacted into law by
nearly two dozen American states, is lethal injection, first used in Texas in
1982. It is easy to overstate the humaneness and efficacy of this method.
There is no way of knowing that it is really painless. As the U.S. Court of
Appeals observed, there is “substantial and uncontroverted evidence ...
that execution by lethal injection poses a serious risk of cruel, protracted
death.... Even a slight error in dosage or administration can leave a prisoner
conscious but paralyzed while dying, a sentient witness of his or her own
asphyxiation.”
Futility
Gangland killings, air piracy, drive-by shootings, and kidnapping for
ransom are among the graver felonies that continue to be committed because
some individuals think they are too clever to get caught. Political terrorism
is usually committed in the name of an ideology that honors its martyrs;
trying to cope with it by threatening terrorists with death penalty is futile.
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TASK 5. Read the text below and write down the main ideas in Russian paying
special attention to the words and expressions given in bold type.
Translate them into English. Use the vocabulary from the Unit to render
the text into English:
Пришло время отменить смертную казнь. С каждым годом это
становится все более очевидным. Опыт всех стран показывает, что
смертная казнь приводит к ожесточению в обществе. В ряде стран
смертные приговоры применяются в основном к представителям
неимущих слоев населения либо расовых или этнических мень-
шинств.
В некоторых странах смертная казнь считается мерой, без кото-
рой невозможно остановить распространение наркотиков, ликви-
дировать политический терроризм, экономическую коррупцию
или искоренить супружескую неверность. Однако нет никаких до-
казательств, что ее применение способно снижать уровень преступ-
ности или политического насилия. Смертную казнь часто исполь-
зуют как средство политических репрессий, а смертные приговоры
выносятся и приводятся в исполнение произвольно.
Оправдывая смертную казнь, чаще всего говорят, что она не-
обходима, по крайней мере временно, для блага общества.
Однако имеет ли государство право лишать человека жизни?
Смертная казнь — это предумышленное и хладнокровное
убийство человека государством. Само существование этой меры
наказания является попранием основных прав человека: междуна-
родное право запрещает жестокие, негуманные или унижающие че-
ловека наказания.
Многовековой опыт применения высшей меры наказания и на-
учные исследования о взаимосвязи смертной казни и уровня пре-
ступностине дали убедительных доказательств, что смертная казнь
способна эффективно защитить общество от преступности или спо-
собствовать правосудию. Ни одна система уголовной юстиции не
доказала свою способность последовательно и справедливо решать,
кто должен жить и кто — умереть. Некоторым удается избежать
смертной казни с помощью квалифицированных защитников;
другим — потому что их судят мягкосердечные судьи или присяж-
ные; третьим помогают их политические связи или положение в об-
ществе. Однако существует определенный процент судебных оши-
бок, последствия которых особенно трагичны в случае приведения
смертного приговора в исполнение.
Базовый курс
67
CREATIVE WRITING
Using the information and vocabulary from the Unit write an essay
on one of the following statements:
•	Relaxation of harsh laws has never led to increase in
crime.
•	Those in favour of capital punishment are motivated
only by desire for revenge and retaliation.
•	Hanging, electric chairs, garroting, etc., are barbaric
practices, unworthy of human beings.
•	Suspension of capital punishment is enlightened and
civilised.
•	Capital punishment creates, it does not solve, problems.
•	Crime can only be drastically reduced by the
elimination of social injustices.
DEBATE
There is no room for capital punishment in a civilized society.
Divide into groups — pro and con — and conduct a debate on the
necessity of capital punishment.
Appoint the ‘Chair ’ ofthe debate who will give thefloor to the speakers
of both teams.
Use the active vocabulary from the Unit.

CHAPTER III
LAW ENFORCEMENT

UNIT 1
THE HISTORY OF POLICE FORCES
BRAINSTORM
The word POLICE means, generally, the arrangements made in
all civilised countries to ensure that the inhabitants keep the peace
and obey the law. The word also denotes the force of peace officers
(or police) employed for this purpose.
Which of the actions above can be performed by a POLICE
OFFICER? Sort out the odd words. Explain your choice.
•	to apprehend
•	to defend in court
•	to convict
•	to detain
•	to imprison
•	to investigate
•	to lock up
•	to safeguard
•	to plead guilty
•	to search
•	to seize
•	to sentence
•	to take into custody
TASK 1. Read the text and translate the sentences given in bold type in writing:
From the History of Police Forces
Police is the agency of a community or government that is
responsible for maintaining public order and preventing and detecting
crime. The basic police mission — preserving order by enforcing rules of
conduct or laws — was the same in ancient societies as it is in the
contemporary sophisticated urban environments.
The conception of the police force as a protective and law
enforcement organisation developed from the use of military bodies
as guardians of the peace, such as the Praetorian Guard — bodyguard
of the ancient Roman emperors. The Romans achieved a high level of
law enforcement, which remained in effect until the decline of the empire
and the onset of the Middle Ages.
Базовый курс
71
During the Middle Ages, policing authority was the responsibility
of local nobles on their individual estates. Each noble generally appointed
an official, known as a constable, to carry out the law. The constable’s
duties included keeping the peace and arresting and guarding
criminals. For many decades constables were unpaid citizens who took
turns at the job, which became increasingly burdensome and unpopular.
By the mid-16th century, wealthy citizens often resorted to paying
deputies to assume their turns as constables; as this practice became
widespread, the quality of the constables declined drastically.
Police forces developed throughout the centuries, taking various
forms. In France during the 17th century King Louis XIV maintained a
small central police organisation consisting of some forty inspectors who,
with the help of numerous paid informants, supplied the government with
details about the conduct of private individuals. The king could then
exercise the kind of justice he saw fit. This system continued during the
reigns of Louis XV and Louis XVI. After the French Revolution, two
separate police bodies were set up, one to handle ordinary duties and
the other to deal with political crimes.
In 1663 the city of London began paying watchmen (generally old
men who were unable to find other work) to guard the streets at night.
Until the end of the 18tb century, the watchmen — as inefficient as they
were — along with a few constables, remained the only form of policing
in the city.
The inability of watchmen and constables to curb lawlessness,
particularly in London, led to a demand for a more effective force to
deal with criminals and to protect the population. After much
deliberation in Parliament, the British statesman Sir Robert Peel in 1829
established the London Metropolitan Police, which became the world’s
first modem organised police force.
The force was guided by the concept of crime prevention as a primary
police objective; it also embodied the belief that such a force should depend
on the consent and cooperation of the public, and the idea that police
constables were to be civil and courteous to the people. The Metropolitan
Police force was well organised and disciplined and, after an initial period
of public skepticism, became the model for other police forces in Great
Britain. Several years later the Royal Irish Constabulary was formed, and
Australia, India, and Canada soon established similar organisations. Other
countries followed, impressed by the success of the plan, until nations
throughout the world had adopted police systems based on the British
model. The development of the British police system is especially
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significant because the pattern that emerged had great influence on the
style of policing in almost all industrial societies.
In the U.S., the first full-time organised police departments were
formed in New York City in 1845 and shortly thereafter in Boston,
not only in response to crime but also to control unrest. The American
police adopted many British methods, but at times they became involved
in local politics. The British police, on the other hand, have traditionally
depended on loyalty to the law, rather than to elected public officials, as
the source of their authority and independence.
TASK 2. Answer the following questions:
1.	What is the basic police mission?
2.	How did the police force as law enforcement organisation arise
and develop?
3.	Why did the quality of the constables in England decline?
4.	How were policing functions performed in France?
5.	What was the form of policing London in the 17th century?
6.	Why was there a need for a more effective force to deal with
criminals in England?
7.	What factors brought about the establishment of the Metropolitan
Police Force?
8.	What principles were the British police guided by?
9.	Why did the Metropolitan Police Force become the model for other
police forces in Britain and abroad?
10.	Why is the development of the British police system especially
significant?
TASK 3. Find in the text above the English equivalents for the following words
and expressions:
1.	дебаты в парламенте
2.	обеспечивать соблюдение правил поведения
3.	основная задача полиции (2)
4.	оставаться в силе
5.	платный осведомитель
6.	нести полицейскую службу
7.	предупреждение преступности
8.	раскрывать преступления
9.	сдерживать рост преступности
10.	следить за соблюдением законов
Базовый курс
73
11.	постоянно действующая организация
12.	полицейские структуры
13.	обеспечение правопорядка
14.	блюститель порядка
TASK 4. Find in the texts above the expressions containing the words “law” and
“order”. Continue the following lists. Add more expressions using a
dictionary:
— to maintain public order	— to enforce laws
UNIT 2
THE ORGANISATION OF POLICE FORCES
The British Police
The British police officer is a well-known figure to anyone who has
visited Britain or who has seen British films. Policemen are to be seen in
towns and cities keeping law and order, either walking in pairs down the
streets (“walking the beat”) or driving specially marked police cars. Once
known as ‘panda cars’ because of their distinctive markings, these are now
often jokingly referred to as ‘jam sandwiches’ because of the pink
fluorescent stripe running horizontally around the bodywork. In the past,
policemen were often known as ‘bobbies’ after Sir Robert Peel, the founder
of the police force. Nowadays, common nicknames include ‘the cops’,
‘the fuzz’, ‘the pigs’, and ‘the Old Bill’ (particularly in London). Few people
realise, however, that the police in Britain are organised very differently
from many other countries.
Most countries, for example, have a national police force which is
controlled by central Government. Britain has no national police force,
although police policy is governed by the central Government’s Home
Office. Instead, there is a separate police force for each of 52 areas into
which the country is divided. Each has a police authority — a committee
of local county councillors and magistrates.
The forces co-operate with each other, but it is unusual for members
of one force to operate in another’s area unless they are asked to give
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assistance. This sometimes happens when there has been a very serious
crime. A Chief Constable (the most senior police officer of a force) may
sometimes ask for the assistance of London’s police force, based at New
Scotland Yard — known simply as “the Yard”.
In most countries the police carry guns. In Britain, however, this is
extremely unusual. Policemen do not, as a rule, carry firearms in their day-
to-day work, though certain specialist units are trained to do so and can be
called upon to help the regular police force in situations where firearms
are involved, e.g. terrorist incidents, armed robberies, etc. The only
policemen who routinely carry weapons are those assigned to guard
politicians and diplomats, or special officers who patrol airports.
In certain circumstances specially trained police officers can be armed,
but only with the signed permission of a magistrate.
All members of the police must have gained a certain level of academic
qualifications at school and undergone a period of intensive training. Like
in the army, there are a number of ranks: after the Chief Constable comes
the Assistant Chief Constable, Chief Superintendent, Chief Inspector,
Inspector, Sergeant and Constable. Women make up about 10 per cent of
the police force. The police are helped by a number of Special Constables
— members of the public who work for the police voluntarily for a few
hours a week.
Each police force has its own Criminal Investigation Department
(CID). Members of CIDs are detectives, and they do not wear uniforms.
The other uniformed people you see in British towns are traffic wardens.
Their job is to make sure that drivers obey the parking regulations. They
have no other powers — it is the police who are responsible for controlling
offences like speeding, careless driving and drunken driving.
The duties of the police are varied, ranging from assisting at accidents
to safeguarding public order and dealing with lost property. One of their
main functions is, of course, apprehending criminals and would-be
criminals.
TASK 1. Answer the following questions:
1.	Who was the founder of the British police?
2.	What does ‘walking the beat’ mean?
3.	Why are British police cars called ‘jam-sandwich’ cars in colloquial
speech?
4.	Is there a single police force, organised by central government?
5.	What is the major difference in police organisation between Britain
and some other countries?
6.	When do British police forces co-operate with each other?
Базовый курс
75
7.	What is the name of London’s police headquarters?
8.	In what situations can policemen carry arms?
9.	What are the ranks of policemen?
10.	What is the job of CID officers?
11.	What are the duties of traffic wardens?
12.	What is Scotland Yard and what does it do?
TASK 2. Read the text and fill in the gaps with the appropriate words and
expressions from the previous text:
In Britain different areas have different_________. For instance,
the Metropolitan police operate in London, but there are different police
forces in the counties outside London.
The top man in each police force is______________________. He is
appointed by the local Watch Committee which is a_________________of
the local government. The Watch Committee can dismiss him, too, if the
central government agrees. The Chief Constable appoints all the
below him in his force.
Things are slightly different in London. The top man is known as the
Metropolitan Police Commissioner and his appointment is arranged through
the central government.
British police are normally not______. In special cases, when their
work becomes dangerous, they can be given___________however.
As is well known, the___________of the British policeman is blue,
with a tall helmet. These days, though, you can see a different uniform in
the streets. This is the uniform with the yellow hatband worn by____
________. Their job is simply to control traffic and______________.
The most famous name connected with the British police is______
________. It is the headquarters of the London police force. Besides dealing
with local police matters, the London police also help all over England
and Wales with difficult crimes. They do this at the request of the local
police.
TASK 3. Render the following text into English using the information and
vocabulary from the texts above:
В Великобритании существует 52 полицейских подразделения:
43 в Англии и Уэльсе, 8 в Шотландии и 1 в Северной Ирландии. Сто-
личная полиция и полиция лондонского Сити отвечают за охрану
общественного порядка в Лондоне. Кроме того, специальное подраз-
деление транспортной полиции патрулирует железнодорожную сеть,
а также метро Лондона.
Tf)	The Best of Just English
Полицейская служба финансируется центральным правитель-
ством и местными властями. Каждое полицейское подразделение
имеет своих специальных констеблей-добровольцев, которые рабо-
тают в полиции в свободное время и помогают кадровым офицерам
полиции, причем их работа не оплачивается. Они являются своеоб-
разным связующим звеном между полицией и населением.
Полицейские подразделения Англии и Уэльса подведомствен-
ны органам местной полиции. Столичная полиция находится в под-
чинении у Министра внутренних дел. Подразделения в областях воз-
главляют главные констебли. Они несут ответственность за свою
работу перед центральными полицейскими органами, которые назна-
чают начальника полиции и его помощника. Комиссар Столичной
полиции и его непосредственные подчиненные назначаются по ре-
комендации министра внутренних дел.
TASK 4. Complete the following text with the words and phrases from the box:
walkie-talkie, plain clothes, detective, uniform, policeman,
police force, rank, join
к________________________________________________________________________/
Alan is now old enough and tall enough to__________the______________.
At first, of course, he’ll be an ordinary of the lowest.
He’ll wear a__________and go out in the streets keeping in touch with the
police station with his_______________. Then he’d like to be a_________in
investigating serious crimes.
TASK 5. Look at the picture and read the police bulletin:
Crime: Armed Robbery
Location: Brixton & Park Streets
Date: August 13, 2003
The public’s assistance is requested in
identifying the person or persons responsible
for an armed robbery on the southwest comer
of Brixton and Park Streets intersection.
This crime occurred at 1:30 p.m. on August
13, 2003.
At about 1:30 p.m. the victim, a young visitor
to the city, was walking along Brixton St.
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77
At the southwest comer of Brixton and Park
Streets, the suspect jumped in front of the
victim, pulled a knife from his jacket and
said, “Give me your purse or you’re stuck!”
The victim handed it over and the suspect
fled the scene of the crime.
The suspect is described as a white male,
20—25 years old, medium build, 5’2",
moustache, blue eyes, short brown hair, flat
nose. He was wearing a red baseball cap with
a Montreal Canadians logo, a dark blue
jacket, green jeans and white sneakers.
This man is armed and therefore dangerous.
If you can identify the man in the photofit
picture, or have any information on this or
any crime, contact the local Police
Department or Crime Stoppers at 1 -800-555-
8477, and you may be eligible for a cash
reward.
TASK 6. Find in the text above the English equivalents for the following words
and expressions:
•	подозреваемый
•	жертва
•	вооруженное ограбление
•	фоторобот
•	денежное вознаграждение
•	опознать преступника
•	скрыться с места преступления
TASK 7. Find in the text the description of the criminal and compose an opposite
one: e.g. “The suspect is described as black, very tall... ” Use some of the
expressions given below:
FACE — long, round, oval, thin, plump, fleshy, puffy, wrinkled, pasty,
pimpled, pock-marked, clean-shaven
FEATURES — clean-cut, delicate, forceful, regular / irregular, large,
small, stem
COMPLEXION — fair, pale, dark, sallow
HAIR—curly, wavy, straight, receding (scanty), rumpled, shoulder-length,
medium-length, short-cut, crew-cut, bobbed, dyed, bald, fair /dark-
haired
FOREHEAD — high, low, narrow, square, broad
EYES — hollowed, bulging, close-set, deep-set, sunken, wide-apart,
crossed-eyed
EYEBROWS — thin, thick, bushy, arched, pencilled, shaggy
EARS — small, big, jug-eared
NOSE — prominent, straight, pointed, hooked, flat, aquiline, snub-nosed
LIPS — full, thin, painted, cleft lip
TEETH — even / uneven, sparse, artificial
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The Best of Just English
CHEEKS — plump, hollow, ruddy, stubby
CHIN — square, pointed, double, massive, protruding
BEARD — full, bushy, spade beard, grey-bearded, heavy-bearded
MOUSTACHE — thin, thick, tooth-brush, walrus
HEIGHT — tall, short, of medium height
BUILT — average, medium built, well-built, plump, skinny
DISTINGUISHING FEATURES — birthmarks, freckles, scars,
wooden leg, humpback, pot-belly
TASK 8. Translate the following police bulletin into English and make the
corresponding photofit:
ИХ РАЗЫСКИВАЕТ МИЛИЦИЯ
Разыскиваются преступники, совершив-
шие убийство 21 сентября в доме номер
99 по проспекту Мира.
Первый: На вид 30 лет, рост 170—175 см,
худощавого телосложения, волосы чер-
ные прямые, лицо круглое, нос прямой,
глаза слегка навыкате.
Был одет: темная короткая кожаная кур-
тка, светлые брюки, коричневые ботин-
ки. Носит темные очки в металлической
Второй: На вид 40 лет, рост 175—180 см,
плотного телосложения, волосы светлые,
вьющиеся до плеч, лицо овальное, нос
курносый, брови густые.
Был одет: темная удлиненная кожаная
куртка, темные брюки.
Любую имеющуюся информацию прось-
ба сообщить по телефону 222-33-22, или
02.
оправе.
Just for Fun
A beautiful blonde walked into a Chicago police station and gave
the desk sergeant a detailed description of a man who had dragged
her by the hair down three flights of stairs, threatened to choke her to
death and finally beat her up.
“With this description we’ll have him arrested in no time,” said
the desk sergeant.
“But I don’t want him arrested”, the young woman protested.
“Just find him for me. He promised to marry me.”
* * *
— Can you describe the individual?
— He was about medium height and had a beard.
— Was this a male or a female?
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79
ROLE-PLAY
Identify the suspect!
There has been a string of bank robberies in the local area recently.
Police are investigating the crimes and making the photofits of the
suspects.
Work in pairs. Each pair should consist of a police inspector and a
witness.
STEP 1. The police inspector is questioning the eye-witness to find
out all the necessary details of the suspect's appearance.
STEP 2. Using the information obtained they make up a photofit by
completing the drawings below.
UNIT 3
POLICE POWERS
TASK. 1. Read the text and translate words and expressions given in bold type in
writing:
The powers of a police officer in England and Wales to stop and
search, arrest and place a person under detention are contained in the
Police and Criminal Evidence Act 1984. The legislation and the code of
practice set out the powers and responsibilities of officers in the
investigation of offences, and the rights of citizens.
4 — 9099
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An officer is liable to disciplinary proceedings if he or she fails to
comply with any provision of the codes, and evidence obtained in breach
of the codes may be ruled inadmissible in court. The code must be readily
available in all police stations for consultation by police officers, detained
people and members of the public.
Stop and Search
A police officer in England and Wales has the power to stop and
search people and vehicles if there are reasonable grounds for suspecting
that he or she will find stolen goods, offensive weapons or implements
that could be used for theft, burglary or other offences. The officer must,
however, state and record the grounds for taking this action and what, if
anything, was found.
The Criminal Justice and Public Order Act 1994 enables a senior
police officer to authorise uniformed officers to stop and search people or
vehicles for offensive weapons, dangerous implements where he or she
has reasonable grounds for believing that serious incidents of violence
may take place. The officer must specify the time-scale and area in which
the powers are to be exercised.
Arrest
In England and Wales the police have wide powers to arrest people
suspected of having committed an offence with or without a warrant
issued by a court. For serious offences, known as ‘arrestable offences’, a
suspect can be arrested without a warrant. Arrestable offences are those
for which five or more years’ imprisonment can be imposed. This category
also includes ‘serious arrestable offences’ such as murder, rape and
kidnapping.
There is also a general arrest power for all other offences if it is
impracticable or inappropriate to send out a summons to appear in court,
or if the police officer has reasonable grounds for believing that arrest is
necessary to prevent the person concerned from causing injury to any other
person or damage to property.
Detention, Treatment and Questioning
An arrested person must be taken to a police station (if he or she is
not already at one) as soon as practicable after arrest. At the station, he or
she will be seen by the custody officer who will consider the reasons for
the arrest and whether there are sufficient grounds for the person to be
detained. The Code of Practice under the 1984 Police and Criminal
Evidence Act made it clear that juveniles should not be placed in the
cells. Most police stations should have adetention room for those juveniles
who need to be detained. The suspect has a right to speak to an
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81
POLICE CAUTION
You do not have to say anything but it may
harm your defence if you do not mention
when questioned something which you later
rely on in court, anything you do say may
be given in evidence.
independent solicitor free of charge and to have a relative or other named
person told of his or her arrest. Where a person has been arrested in
connection with a serious arrestable offence, but has not yet been charged,
the police may delay the exercise of these rights for up to 36 hours in the
interests of the investigation if certain strict criteria are met.
A suspect may refuse to answer police questions or to give evidence
in court. Changes to this so-called ‘right to silence’ have been made by the
Criminal Justice and Public Order Act 1994 to allow courts in England
and Wales to draw inferences from a defendant’s refusal to answer police
questions or to give information during his or her trial. Reflecting this
change in the law, a new form of police caution (which must precede any
questions to a suspect for the
purpose of obtaining evidence)
is intended to ensure that
people understand the possible
consequences if they answer
questions or stay silent.
Questions relating to an
offence may not normally be
put to a person after he or she
has been charged with that offence or informed that he or she may be
prosecuted for it.
The length of time a suspect is held in police custody before charge is
strictly regulated. For lesser offences this may not exceed 24 hours. A person
suspected of committing a serious arrestable offence can be detained for
up to 96 hours without charge but beyond 36 hours only if a warrant is
obtained from a magistrates’ court.
Reviews must be made of a person’s detention at regular intervals —
six hours after initial detention and thereafter every nine hours as a
maximum—to check whether the criteria for detention are still satisfied.
If they are not, the person must be released immediately.
Interviews with suspected offenders at police stations must be tape-
recorded when the police are investigating indictable offences and in certain
other cases. The police are not precluded from taping interviews for
other types of offences. The taping of interviews is regulated by a code of
practice approved by Parliament, and the suspect is entitled to a copy of
the tape.
A person who thinks that the grounds for detention are unlawful may
apply to the High Court in England and Wales fora writ of Habeas Corpus
against the person who detained him or her, requiring that person to appear
before the court to justify the detention. Habeas Corpus proceedings take
precedence over others. Similar procedures apply in Northern Ireland
4*
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The Best of Just English
and a similar remedy is available to anyone who is unlawfully detained
in Scotland.
Recognising that the use of DNA analysis has become a powerful
tool in the investigation of crime, the Government has extended police
powers to take body samples from suspects. The Criminal Justice and Public
Order Act 1994 allows the police to take non-intimate samples without
consent from anyone who is detained or convicted for a recordable offence,
and to use the samples to search against existing records of convicted
offenders or unsolved crimes. In time a national database will be built up.
Charging
Once there is sufficient evidence, the police have to decide whether
a detained person should be charged with the offence. If there is
insufficient evidence to charge, the person maybe released on bail pending
further enquiries by the police. The police may decide to take no further
action in respect of a particular offence and to release the person.
Alternatively, they may decide to issue him or her with a formal caution,
which will be recorded and may be taken into account if he or she
subsequently re-offends.
If charged with an offence, a person may be kept in custody if there is
a risk that he or she might fail to appear in court or might interfere with
the administration of justice. When no such considerations apply, the
person must be released on or without bail. Where someone is detained
after charge, he or she must be brought before a magistrates’ court as soon
as practicable. This is usually no later than the next working day.
TASK 2. Answer the following questions:
1.	What are the main police powers in England and Wales?
2.	In what cases can a police officer stop and search the suspect?
3.	What does the procedure of stop and search consists of?
4.	What are the provisions of 1994 Criminal Justice and Public Order
Act?
5.	What document is necessary to carry out an arrest?
6.	What are the arrestable offences?
7.	When can a person be arrested without a warrant?
8.	Where should the suspects be taken after arrest?
9.	What rights does the arrested person have?
10.	When can the exercise of these rights be delayed?
11.	What is the police caution?
12.	What does the ‘right of silence’ consist of? What can the
consequences of using this right be for the suspect?
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83
13.	How long can a person be kept in custody before being charged?
14.	What is the procedure of interviewing the detained person at the
police station?
15.	What can a person do in case of unlawful detention?
16.	What are the provisions of the Habeas Corpus Act?
17.	What happens to a person after he or she has been charged?
TASK 3. Find in the text above the English equivalents for the following words
and expressions:
1.	задержание и досмотр
2.	процессуальный кодекс
3.	расследование преступлений
4.	права граждан
5.	преступления, в связи с которыми может быть произведен арест
6.	судебная повестка
7.	причинение ущерба / нанесение телесных повреждений
8.	право не отвечать на вопросы
9.	преступления, рассматриваемые по обвинительному акту
10.	основания для задержания
11.	расширенные полномочия полиции
12.	запротоколированное, зарегистрированное преступление
13.	веские / достаточные доказательства
14.	полицейский участок
15.	подлежать дисциплинарному взысканию
16.	иметь веские/разумные основания
17.	уполномочивать, давать право
18.	принимать меры
19.	совершать повторные правонарушения
TASK 4. Translate the following text in writing:
The Miranda Warning
“You have the right to remain silent; anything
you say can be used against you...”, these are the
words of the “Miranda warning” which was created
as a result of 1966 United States Supreme Court case,
Miranda vs. Arizona. It began when Ernesto Miranda
was arrested at his home and taken into custody to the police station, where
he was identified by a witness as the man who had kidnapped and raped a
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woman. Police officers took Mr. Miranda into an interrogation room and
two hours later emerged with a written confession signed by Mr. Miranda
that also stated that the confession was made voluntarily and with full
knowledge of his legal rights. The officers, however, failed to advise Mr.
Miranda that he had a right to have an attorney present.
The United States Supreme
Court ruled that the confession
could not be used as evidence of
Mr. Miranda’s guilt because he was
not fully advised on his legal rights,
which included the right to have his
attorney present. The Fifth
Amendment to the United States
Constitution states that no person
can be deprived of life, liberty, or
property, without due process of
law.
To ensure that other accused
criminals are made aware of their constitutional rights, the Supreme Court
ruled that a suspect who is taken into custody and interrogated must receive
a warning of the following rights: the right to remain silent, that anything
he says can be used against him in a court of law, that he has a right of the
presence of an attorney, and that if he can not afford an attorney, one will
be appointed for him prior to any questioning if he so desires. The ‘Miranda
warning’ is now applied by law officers throughout the United States as a
result of this ruling.
TASK 5. Match the following English expressions with their Russian equivalents:
1)	credit for time in custody 2)	defendant not in custody 3)	detention in custody 4)	escape by person in custody 5)	in-custody confession 6)	in-custody interrogation 7)	person in custody 8)	remand in custody 9)	retention in custody 10)	to discharge from custody 11)	to keep in custody 12)	to submit to custody	а)	возвращение под стражу b)	дальнейшее содержание под стражей с)	передать, препроводить под стражу d)	допрос лица, находящегося под стражей е)	содержать под стражей f)	зачёт времени пребывания под стражей g)	лицо, содержащееся под стражей h)	освободить из-под стражи i)	побег из-под стражи j)	подсудимый, находящийся на свободе к)	признание, сделанное лицом, находящимся под стражей 1)	содержание под стражей
Базовый курс
85
TASK 6. Fill in the gaps in the text below with the appropriate words from the
box:
theft; sentence; charge; fine; fingerprints; oath; arrest;
evidence; cell; court; magistrate;
handcuff; witnesses; investigate; detained; pleaded; found
A policeman was sent to_______________the disappearance of some
property from a hotel. When he arrived, he found that the hotel staff had
caught a boy in one of the rooms with a camera and some cash. When the
policeman tried to________________the boy, he became violent and the
policeman had to him. At the police station the boy could
not give a satisfactory explanation for his actions and the police decided to
him with the of the camera and cash. They
took his, locked him in a, and
him overnight. The next morning he appeared in before the
. He took an and not guilty. Two
, the owner of the property and a member of the hotel staff,
gave. After both sides of the case had been heard the boy was
guilty. He had to pay a of £50 and he was given
a of three months in prison suspended for two years.
TASK 7. Fill in the gaps with the prepositions from the box. Some of these can be
used more than once:
before; in; to; of; with
1.	He’s being kept custody.
2.	He was sentenced five years.
3.	She got a sentence six months.
4.	He was accused murder.
5.	She’s been charged theft.
6.	He appeared court handcuffs.
7.	They were brought the judge.
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TASK 8. Study the newspaper article below and discuss the problems of juvenile
custody:
Boy, 15, Dies after Hanging in Police Cell
A fresh controversy was looming yesterday
over the care of juveniles in custody when a
15-year-old boy died after being found
unconscious in a police cell.
The teenager was rumoured to have tried to
hang himself in the cell at Hartlepool police
station, although the results of a post-mortem
examination conducted yesterday will not be
released until today. The 15-year-old had
been arrested on suspicion of burglary and
was found unconscious by custody officers
at 3.15 p.m. on Monday. The officers
resuscitated him before paramedics rushed
him to the general hospital. He was put on a
life support system but died at 1 a.m.
yesterday morning.
The death will be viewed as particularly
controversial because juveniles are not
supposed to be held in police cells under any
circumstances. Under the 1984 Code of
Practice juveniles should not be placed in
the cells. “Most police stations would have
a detention room for those juveniles who
need to be detained. The rooms are much
more spacious and less intimidating than
cells and, crucially, nearer the custody
officer. But juveniles are sometimes put in
cells because there is nowhere else to put
them”, Mark Grindrod, juvenile project
manager for the Howard League for Penal
Reform, said. “If you have juveniles in
custody you have to have particular concerns
about their vulnerability, because they are
particularly prone to carrying out acts which
perhaps they do not fully think through.
That’s why we have such specific and
stringent rules about interviewing and
detaining juveniles, both in police stations
or prisons.” A juvenile should not be held
in a cell before being interviewed and a
decision over whether to charge him or her
is reached. Once a decision to charge has
been made, police can bail the young person
into the care of social services, or send him
or her home, pending a court appearance.
Cleveland Police voluntarily referred the
case to the Police Complaints Authority.
TASK 9. Study the selection of newspaper articles covering shop-lifting cases.
Comment on the penalties given in each case
Let Off with a Caution
Fourteen-year-old Jane was lucky this time.
Caught by a store detective with a bottle of
hair conditioner, eye-lash dye, and a copy
of Hello magazine hidden in her bag, she
found herself in a van being driven to the
police station. Even more upset than Jane
was her Mum. She was as white as a sheet
when she went to collect Jane from police
station, and burst into tears.
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87
Jane says, “I was lucky. Two policemen
came and looked at my home, which is very
middle class and respectable. I think that’s
why they let me off. They even asked to see
my school books.”
After two years of regular shop-lifting, Jane
has decided to go straight from now on. She
Yellow
Roy Philips Downfall was the colour fellow.
Appearing in court on shop-lifting charges,
he wore a yellow parka, yellow shirt, yellow
pants, and a yellow tie. It was a similar dress
that drew him to the attention of the store
detective at a supermarket in Oldham,
says she did it mostly out of boredom, and
not to impress her friends as a lot of
youngsters do. But she feels she’s grown out
of it after the fright she got the other day,
and has decided to look for other interests.
Fever
England, where everything he was after had
a yellow connection: lemons, jellies,
mustard, cheese, three pairs of socks, and
two pairs of underpants. He was given a one-
month suspended sentence.
Shop-lifting Celebrity
Anna Bronx, the well-known TV
personality, was found dead in her flat in
Knightsbridge this morning after taking an
overdose of sleeping pills.
The tragedy occurred less than a month after
she had appeared in court on a charge of
shop-lifting in a department store. It was
claimed that she had taken goods worth
£7.30 when she was arrested outside the
store. She was sentenced to a fine of £100,
and was given a two-week suspended
sentence.
Mrs. Bronx was for many years a well-loved
personality on a popular programme, but for
the last several years had withdrawn from
public life and was living by herself. Friends
say that they did not think she was unhappy,
but that she may have been a little bored after
such an active public life.
It was of course a great shock when she was
arrested for shop-lifting. Local feeling was
that the magistrate had been far too severe,
a feeling that can only grow after this tragic
incident.
TASK 10. Retell each story as if you were a Store Detective or Police Officer
giving evidence in court. Use some of the Colour Idioms given below:
•	to catch smb. red-handed — to catch smb. during his or her
committing a crime
•	to be in the red — to be broke, having no money
•	to see red — to get terribly angry
•	to appear out of the blue — from nowhere, unexpectedly
•	in the black and white — in a very clear way
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It’s Interesting to Know!
To be caught red-handed means to be caught in the act of crime.
The guilt of the person is usually not in doubt. If you find a burglar in
your living room holding some valuables that belong to you, then
that person is said to have been caught red-handed.
Red-handed connotes hands red with blood. The expression dates
back to the time when it was almost impossible to prove that somebody
was guilty of a crime unless the person confessed — usually under
torture — or was caught in the act of committing a crime. One crime
was the killing of another man’s cow, sheep or pig. There was also a
law which forbade the killing of the king’s deer in the forests of
England. If a person was caught in possession of fresh meat, this was
not usually enough to prove the person’s guilt. It was only when a
person was caught with both a dead animal and blood on his hands
that there was enough evidence for the person to be arrested and then
convicted.
ROLE-PLAY
The Lure of Shop-lifting
Role-play the stories above.
Act as a Police Officer who stops, searches, questions the offender
and prepares a record of the case for the magistrate’s court.
Act as a Detained Person who is being questioned in police custody.
UNIT 4
POLICE AND THE PUBLIC
The Lasting Principles
In 1829 Sir Richard Mayne, one of the founders of Scotland Yard,
wrote: “The primary object of an efficient police is the prevention of crime
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89
and detection and punishment of offenders if crime is committed. To these
ends all the efforts of police must be directed. The protection of life and
property, the preservation of public tranquillity, and the absence of crime,
will alone prove whether those efforts have been successful and whether
the objects for which the police were appointed have been attained.”
In attaining these objects, much depends on the approval and co-
operation of the public, and these have always been determined by the
degree of esteem and respect in which the police are held. Therefore, every
member of the Force must remember that it is his duty to protect and help
members of the public, no less than to bring offenders to justice.
Consequently, while prompt to prevent crime and arrest criminals, he must
look on himself as the servant and guardian of the general public and treat
all law-abiding citizens, irrespective of their race, colour, creed or social
position, with unfailing patience and courtesy.
By the use of tact and good humour the public can normally be induced
to comply with directions and thus the necessity for using force is avoided.
If, however, persuasion, advice or warning is found to be ineffective, a
resort to force may become necessary, as it is imperative that a police officer
being required to take action shall act with the firmness necessary to render
it effective.
TASK 1. Answer the following questions:
1.	What are the objects of the police work according to Sir Richard
Mayne?
2.	How should the co-operation between the police and the public be
achieved?
3.	Why is the principle of police-public co-operation so important?
TASK 2. Read the text and translate the expressions given in bold type in writing:
Police Discipline
The police are not above the law and must act within it. A police
officer is an agent of the law of the land and may be sued or prosecuted
for any wrongful act committed in the performance of police duties.
Officers are also subject to a disciplinary code designed to deal with
abuse of police powers and maintain public confidence in police
impartiality. If found guilty of breaching the code, an officer can be
dismissed from the force.
Members of the public have the right to make complaints against
police officers if they feel that they have been treated unfairly or
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improperly. In England and Wales the investigation and resolution of
complaints is scrutinised by the independent Police Complaints Authority.
The Authority must supervise any case involving death or serious injury
and has discretion to supervise in any other case. In addition, the Authority
reviews chief constables’ proposals on whether disciplinary charges
should be brought against an officer who has been the subject of a
complaint. If the chief constable does notrecommend formal disciplinary
charges, the Authority may, if it disagrees with the decision, recommend
and, if necessary, direct that charges be brought.
The Government aims to ensure that the quality of service provided
by police forces in Britain inspires public confidence, and that the police
have theactive support and involvement of the communities which they
serve. The police service is taking effective action to improve performance
and standards. All forces in England and Wales have to consult with the
communities they serve and develop policing policies to meet community
demands. They have to be more open and explicit about their operations
and the standards of service that they offer.
Virtually all forces have liaison departments designed to develop
closer contact between the force and the community. These departments
consist of representatives from the police, local councillors and community
groups.
Particular efforts are made to develop relations with young people
through greater contact with schools and their pupils.
The Government has repeatedly stated its commitment to improve
relations between the police and ethnic minorities. Central guidance
recommends that all police officers should receive a thorough training
in community and race relations issues. Home Office and police
initiatives are designed to tackle racially motivated crime and to ensure
that the issue is seen as a priority by the police.Discriminatory behaviour
by police officers, either to other officers or to members of the public, is an
offence under the Police Discipline Code. All police forces recognise the
need to recruit women and members of the ethnic minorities in order to
ensure that the police represent the community. Every force has an
equal opportunities policy.
TASK 3. Answer the following questions:
1.	What disciplinary measures are police officers subject to?
2.	What authorities supervise police conduct?
3.	What helps improve police-public co-operation?
4.	What is a liaison department?
5.	How are race related issues tackled by the police?
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91
TASK 4. Complete the following text with the words and expressions from the
box:
misconduct; opinion polls; justice; sympathy; mob violence;
failures; complaints; terrorist offence; to confess
Most people have a positive attitude to the police, and
have indicated that there is much public__________with men and women
who have to deal with________________. There is a formal system through
which______________of police behaviour may be investigated, but in the late
1990s it was found that these procedures had not prevented some serious
_______________in the system of administering______________. Some Irish
people had been convicted of a_____________________________on the basis of confessions
which had been improperly extracted from them, and the truth was
discovered only after they had spent several years in prison. There were
other cases too in which there were grounds fbr suspecting that the police
had persuaded people____________to crimes which they had not committed.
Some other inquiries revealed more cases of by the police.
TASK 5. Fill in the gaps with the prepositions from the box:
from; to; with; to; of
1.	What is your attitude__the problem of crime prevention?
2.	All the sympathies of the jury were_the defendant.
3.	Finally the criminal was convicted__a violent assault.
4.	The detective took pains to extract information_the eye-witness.
5.	After a long questioning the suspect had to confess_committing
a robbery.
TASK 6. Read the following newspaper article and point out the public attitude
towards the police:
The PC with the Golden Handcuffs
The hiding places are running out for
crooks on PC Peter Hilton’s patch. He has
made an incredible 287 arrests in 11
months. In a crime-bustling blitz in Eccles,
Salford, villains have been pinched for
offences including burglary, car theft,
possession of drugs, assault and drink-
driving.
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The Best of Just English
Now PC Hilton has been honoured for his
devotion to public service with a
commendation from Greater Manchester
Chief Constable David Wilmot. Mr.
Willmot said it was unusual for an officer
to receive an award for the number of
arrests he had made rather than an
individual act.
PC Hilton said modestly: “I’ve just been
lucky. I’ve been in the right place at the
right time. Teamwork with colleagues has
also played a big part. Landing the crime-
ridden Eccles beat has also helped. ”
The constable said that after ten years in
the force he “tended to know the short cuts
crooks take and also who to look for”. He
added: “It’s all about knowing their
behaviour patterns.” He said colleagues
jokingly called him ‘Pete Lockup’, and
even the crooks managed a smile as he
slipped on the handcuffs. “When I pull up
in the car they say. “Oh, no! It’s PC Hilton
again”. I get on all right with some of them.
It’s OK if they’ve done nothing wrong.”
The constable, who spent eight years on
the beat in Bury, has also received three
Chief Superintendent’s commendations
and a citation of merit from the Chief
Constable for disarming a gunman. His
wife Joanne said: “I’m very proud of him.”
TASK 7. Translate the following words and expressions from the article above:
1.	commendation
2.	crime-bustling blitz
3.	crook
4.	PC Peter Hilton’s patch
5.	Pete Lockup
6.	teamwork with colleagues
7.	to land the crime-ridden beat
8.	to pinch
9.	to receive a citation of merit
10.	to take short cuts
TASK 8. Find in the article above the English equivalents for the following words
and expressions:
1.	укрытие
2.	произвести арест
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93
3.	злодей
4.	угон автомобиля
5.	хранение наркотиков
6.	нападение
7.	вождение в нетрезвом состоянии
8.	быть представленным к награде
9.	разоружить преступника
TASK 9. Answer the following questions:
1.	What offences does Peter Hilton deal with?
2.	What is unusual about his reward?
3.	What helps Peter in his work?
TASK 10. Read the following newspaper article and point out the public attitude
towards the police:
£220,000 for Victim of Police Assault
A hairdresser won £220,000 damages
yesterday after a jury found that he was
assaulted by police and wrongfully
arrested. This happened after counsel for
Din Zung, 32, urged the jury to send a clear
message that the public would no longer
stand for “lying, bullying, racism and
peijury” by the Metropolitan Police.
Central London County Court was told that
police went to Mr. Zung’s home over a
dispute involving a leaking roof. Mr. Zung
was arrested after refusing to allow officers
in without a warrant. Akmal Khan, his
solicitor, said his client’s arms were
twisted behind his back and he was
(----------------------------------------\
SOLICITOR (UK) — a qualified
lawyer who advises clients,
represents them in the lower courts
and prepares cases for barristers to
try in higher courts.
COUNSEL for (the party) — here
same as BARRISTER (UK) — a
lawyer who has the right to plead
as an advocate in a superior court.
._________________________________>
handcuffed. “They punched and kicked
him in the van and he was kicked in the
kidneys. Another policeman used his back
as a footstool and the driver turned round
and insulted him verbally saying he had
got no more than he deserved. The charge
officer told him, “I’ve never arrested a
Chink before.” When he was released at
11 p.m. that night they threw him into the
street in just jeans and flip-flops. “He had
to walk two miles home,” Mr. Khan said.
When Mr. Zung arrived home, the front
door was open and his stereo and other
property had been stolen. Doctors found
extensive bruising to his back and kidneys
and he was passing blood.
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Mr. Zung made a formal complaint to the
Police Complaints Authority. Despite a
police surgeon confirming the injuries, the
complaint was rejected and he decided to
sue.
Ben Emmerson, counsel for Mr. Zung,
urged the jury to send a strong message to
Sir Paul Condon by awarding damages that
would hit his budget. “In this case a small
award would be regarded as a victory by
the officers.”.
A statement issued on behalf of Sir Paul,
the Metropolitan Police Commissioner,
said: “We believe the award to be
excessive and we are to appeal against the
size of the award but not the verdict.”
The Metropolitan Police said no action
would be taken against the constables
involved: Christopher Smith, Andrew
Morris and Bob Davies.
In a separate case at the same court Terence
Wilkinson, 27, was awarded £64,000
damages. He had accused other officers
from the same area of wrongful arrest and
assault, false imprisonment and malicious
prosecution.
TASK 11. Translate the following words and expressions from the article above:
1.	bullying
2.	charge officer
3.	false imprisonment
4.	malicious prosecution
5.	award
6.	to be wrongfully arrested
7.	to appeal against the verdict
8.	to make a complaint
9.	to reject a complaint
10.	to steal property
11.	to take an action against smb.
12.	to win damages
TASK 12. Find in the article above the English equivalents for the following words
and expressions:
1.	лжесвидетельство
2.	ордер на арест
3.	телесные повреждения
4.	надеть наручники
5.	наносить словесные оскорбления
6.	предъявлять иск
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95
TASK 13. Answer the following questions:
1.	What did Mr.Zung’s case against Metropolitan Police consist of?
2.	What were the circumstances of Mr. Zung’s arrest?
3.	How did the Police Authority react to Mr. Zung’s formal complaint?
4.	What were Mr. Zung’s further actions?
5.	What were the formal grounds for filing the case?
6.	Why was the amount of the award so important for Mr. Zung’s
counsel?
7.	What actions will be taken against the police officers involved?
CREATIVE WRITING
Study the Manifesto of the U.S. citizens against police brutality.
Compile a similar Manifesto on behalf of the British public using the
facts from the previous article.
U.S. Public Manifesto
Instead of protecting the public, police
departments around the country are waging а ff
campaign of violence and intimidation against the ( . I	J
people in our communities. In cities across the
country, police kill unarmed people every month,
yet the officers are rarely disciplined. In New Orleans and Philadelphia,
police were caught fabricating evidence and filing false reports in
thousands of cases. In New York recently, undercover cops shot an unarmed
black man 15 times. Police brutality is caught on videotapes.
Basta Ya! This is too much! The U.S. locks up a higher percentage of
its people than any other country in the world. Jails are being built instead
of schools and hospitals, and politicians are promising to put more cops
on the street and pass more fascist laws to put more people in jail. But who
will protect us from the system ?
Who will protect the people being routinely brutalized for being the
wrong colour or being homeless or poor? Who will protect our youth who
are arrested andjailed, by cops for how they look and dress? IT’S UP TO
US TO STOP THE EPIDEMIC OF POLICE ABUSE AND VIOLENCE!
Today, as politicians push anti-crime propaganda and laws, and anti-
civil rights initiatives, we can strike a note of truth if we raise our voices
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The Best of Just English
loud enough and bring into streets a message that cannot be ignored. We
are calling on people of all races and backgrounds to stand up and say
that we will no longer put up with all this.
JOIN US IN MAKING THIS DA YA POWERFUL REALITY!
ROLE-PLAY
Good or Evil?
Role-play the press conference on the principles of police ethics:
Participants:
Peter Hilton — the honourable PC
Jack ‘Gorilla’ — a crook from PC Hilton s patch
Ben Emmerson — the defence counsel
Andrew Morris and Bob Davies — the evil policemen
The rest of the class are journalists who are free to ask questions.
Make sure that different views are expressed. Use the information
given in the Unit.
UNIT 5
SCOTLAND YARD
The History of Scotland Yard
The task of organising and designing the ‘New Police’ was placed in
the hands of Colonel Charles Rowan and Sir Richard Mayne. These two
Commissioners occupied a private house at 4, Whitehall Palace, the back
of which opened on to a courtyard, which had been the site of a residence
owned by the Kings of Scotland and known as ‘Scotland Yard’. Since the
place was used as a police station, the headquarters of the Metropolitan
Police became known as Scotland Yard.
These headquarters were removed in 1890 to premises on the Victoria
Embankment and became known as ‘New Scotland Yard’; but in 1967,
because of the need for a larger and more modem headquarters building, a
further removal took place to the present site at Victoria Street (10
Broadway), which is also known as ‘New Scotland Yard’.
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97
The Force suffered many trials and difficulties in overcoming public
hostility and opposition. But, by their devotion to duty and constant
readiness to give help and advice coupled with kindliness and good humour,
they eventually gained the approval and trust of the public. This achievement
has been fostered and steadily maintained throughout the history of the
Force, so that today its relationship with the public is established on the
firmest foundation of mutual respect and confidence.
TASK 1. Answer the following questions:
1.	Who was responsible for organising and designing the ‘New
Police’?
2.	Why did the headquarters of the Metropolitan Police become known
as Scotland Yard?
3.	What is ‘New Scotland Yard’ and where is it currently located?
4.	What difficulties in relations with the public did the force suffer?
5.	What is the main principle of the Force’s relationship with the
public?
TASK 2. Find in the text above the English equivalents for the following words
and expressions:
1.	главное полицейское управление
2.	Столичная полиция
3.	комиссар полиции
4.	претерпевать невзгоды
5.	преодолеть враждебное отношение
6.	завоевать доверие общественности
7.	на основе взаимного уважения
TASK 3. Fill in the gaps in the text below with the appropriate words from the
previous text:
Scotland Yard is a popular name for the_____________of London’s
Metropolitan Police Force, and especially its Criminal Investigation
Department. The name is derived from a small area where the headquarters
was situated from 1829 to 1890. The area, in turn, was named after___
_________of Scottish kings in London. The custom of referring to the
headquarters as began soon after the was
reorganised by the British statesman Sir Robert Peel in 1829. The
headquarters was moved in 1890 to new buildings erected on the Thames
Embankment, which were known as 	. In
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1967 the present headquarters, a modem 20-storey building situated near
the Houses of Parliament, was opened.
TASK 4. Read the text and translate the sentences given in bold type in writing:
Scotland Yard
At first the new police force encountered little cooperation from the
public, and when Scotland Yard stationed its first plainclothes police agents
on duty in 1842, there was a public outcry against these ‘spies’ The police
force had gradually won the trust of the London public by the time Scotland
Yard set up its Criminal Investigation Department (CID) in 1878. The CID
was a small force of plainclothes detectives who gathered information on
criminal activities. The CID was subsequently built up into the efficient
investigative force that it now constitutes. It presently employs more
than 1,000 detectives.
The area supervised by the London Metropolitan Police includes all
of Greater London with the exception of the City of London, which has its
own separate police force. The Metropolitan Police’s duties are the
detection and prevention of crime, the preservation of public order, the
supervision of road traffic and the licensing of public vehicles, and the
organisation of civil defence in case of emergency.
The administrative head of Scotland Yard is the commissioner, who
is appointed by the Crown on the recommendation of the Home Secretary.
Beneath the commissioner are a deputy commissioner and four
assistant commissioners, each of the latter being in charge of one of
Scotland Yard’s four departments: administration, traffic and
transport, criminal investigation (the CID), and police recruitment
and training. The CID deals with all aspects of criminal investigation and
comprises the criminal records office, fingerprint and photography sections,
the company fraud squad, a highly mobile police unit known as the flying
squad, the metropolitan police laboratory, and the detective-training school.
Scotland Yard keeps extensive files on all known criminals in the
United Kingdom. It also has a special branch of police who guard
visiting dignitaries, royalty, and statesmen. Finally, Scotland Yard is
responsible for maintaining links between British law-enforcement agencies
and Interpol. Although Scotland Yard’s responsibility is limited to
metropolitan London, its assistance is often sought by police in other
parts of England, particularly with regard to difficult cases. The Yard
also assists in the training of police personnel in the countries of the
Commonwealth.
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TASK 5. Answer the following questions:
1.	What was the public sentiment about the first Scotland Yard
plainclothes police agents?
2.	When did Scotland Yard set up its Criminal Investigation
Department?
3.	What were the CID’s initial duties?
4.	What is the CID nowadays?
5.	Which parts of London are covered by the Metropolitan Police?
6.	What are the Metropolitan Police’s duties?
7.	Who is the administrative head of Scotland Yard?
8.	What is the structure of the CID?
9.	What assistance does the Yard render to the countries of the
Commonwealth?
TASK 6. Find in the text above the English equivalents for the following words
and expressions:
1.	‘Большой’ Лондон
2.	правоохранительные органы
3.	отдел регистрации преступлений и преступников
4.	‘летучий отряд’
5.	чрезвычайное положение
6.	пребывание на службе
7.	министр внутренних дел
8.	Департамент уголовного розыска
9.	выдача водительских удостоверений
10.	отдел по борьбе с мошенничеством
11.	полицейский в штатском
12.	преступная деятельность
13.	завоевать доверие
14.	быть назначенным королевой
15.	направлять на место работы
16.	собирать сведения
TASK 7. Fill in the gaps in the text below with the words and expressions from the
box:
guards; tap; armoured vehicles; bullet-proof; kidnappers; couriers;
bug; security firm; private detectives
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“Sherlock and Holmes” is a which offers a complete
range of security services. We have_______________________with special
____________windows to transport money and other valuable items. We
can supply trained__________to protect exhibits at art shows and jewellery
displays. We can advise you if you think someone is trying to__________
your phone or your private conversations at home or in the office
with hidden microphones. We have ex-policemen whom you can hire as
__________________and special___________to deliver your valuable parcels
anywhere in the world. We can protect you or your children against possible
CREATIVE WRITING
Using the information and vocabulary from the Unit compile an
advertisement of:
•	a private detective
•	a bodyguard
•	a detective-training school
TASK 8. Render the following text into English using the information and
vocabulary from the texts above. Pay special attention to the words and
expressions given in bold type:
Из истории Скотланд Ярда
В 1829 году первые лондонские комиссары полиции Майн и
Роуэн организовали главное полицейское управление в помеще-
нии дворца Уайтхолл, в котором раньше останавливались шотландс-
кие короли при посещении Лондона. Отсюда и происходит название
английской уголовной полиции—Скотланд Ярд (шотландский двор).
Англия столетиями не имела ни общественных обвинителей, ни
настоящей полиции. Поддержание порядка и охрана собственнос-
ти считались делом самих граждан. Но никто не хотел этим зани-
маться. Англичане предпочитали за деньги нанимать людей для
охраны порядка. Каждый мог задержать преступника, привести
его к мировому судье и предъявить обвинение. Если обвиняемого
осуждали, то задержавший получал вознаграждение, что часто вы-
зывало месть сообщников осужденного.
В 1828 году в Лондоне существовали целые районы, где обво-
ровывали даже днем. На 822 жителя приходился один преступник.
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101
Около 30,000 человек существовали исключительно за счет грабе-
жей и воровства. Ситуация была столь серьезна, что министр внут-
ренних дел Сэр Роберт Пил решил наконец создать полицию воп-
реки общественному мнению. Эта инициатива привела к горячим
дебатам в Парламенте. Но в конце концов полиция обеспечила
безопасность на улицах Лондона и завоевала доверие общества.
Just for Fun
The Los Angeles Police Department (LAPD), the FBI, and the
CIA are all trying to prove that they are the best at apprehending
criminals. The President decides to give them a test. He releases a
rabbit into a forest and each of them has to catch it.
The CIA goes in. They place animal
informants throughout the forest. They
question all plant and mineral witnesses. After
three months of extensive investigations they
conclude that rabbits do not exist.
The FBI goes in. After two weeks with no leads they bum the
forest, killing everything in it, including the rabbit, and they make no
apologies.
The LAPD goes in. They come out two hours later with a badly
beaten bear. The bear is yelling: “Okay! Okay! I’m a rabbit! I’m a
rabbit!”
UNIT 6
POLICE TECHNIQUES
The UK Forensic Science Service
The Forensic Science Service (FSS) serves the administration of
justice in England and Wales by providing scientific support in the
investigation of crime, and by giving evidence to courts. Its customers
include the police, the Crown Prosecution Service, coroners and defence
solicitors.
In February 1995 the UK government announced that the FSS would
merge with the Metropolitan Police Forensic Science Laboratory to form
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a single agency serving all police forces in England and Wales through
seven regional operational laboratories.
Scientific expertise is available on a case-by-case basis to law
enforcement agencies and attorneys. The Service provides assistance to
home and overseas police forces in the investigation of many crimes,
particularly fires where arson is suspected, cases involving DNA profiling
and offences involving the use of firearms. The scientists have a wide range
of experience in fire-scene examination, including fatal fires in domestic
premises, large industrial fires and vehicle fires.
DNA profiling is a revolutionary scientific testing process which can
positively identify an individual from a specimen of blood, semen, hair
roots or tissue. Its application to crime specimens represents the greatest
advance in forensic science in decades. The vast potential of DNA profiling
is recognised by the police and the legal profession, and its use in criminal
investigation has increased.
The Forensic Science Service provides advice on firearms and related
matters and assistance in the investigation of shooting incidents. When
presented with a suspect weapon, the expert is able to establish whether or
not it was the weapon used in a crime. Experts are particularly adept in the
microscopic examination of spent bullets and cartridge cases. They have
access to a world-famous computer-based information systems relating to
thousands of firearms.
The Service offers training to overseas scientists which is of a general
nature or is aimed at specific techniques such as DNA profiling or
examination of firearms and documents. Training is provided on note taking,
searching, report writing and expert witness appearances in court. Contact
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103
is maintained with other institutions and universities in Britain and other
countries.
TASK 1. Answer the following questions:
1.	What functions does the Forensic Science Service exercise?
2.	What are the FSS customers?
3.	What assistance does the FSS provide to police forces in criminal
investigation?
4.	Why is DNA profiling a revolutionary testing process?
5.	How does examination of firearms and related matters help
investigate crime?
6.	What does the course of scientists’ training consist of?
TASK 2. Explain the meaning of the following words and expressions and use
them in sentences of your own:
1.	fatal fire in domestic premises
2.	industrial fire
3.	vehicle fire
4.	fire-scene examination
5.	investigation of shooting incidents
6.	forensic science
7.	on a case-by-case basis
8.	crime specimen
9.	DNA profiling
10.	expert witness
TASK 3. Render the following newspaper article into English paying special
attention to the words and expressions given in bold type. Consult the
text in Task 4.
Корреспондент одной из московских газет взял интервью у замес-
тителя комиссара Скотланд Ярда, который курирует особое подразде-
ление по борьбе с терроризмом, а также вопросы национальной безо-
пасности и уголовного розыска.
— Сколько офицеров служит в лондон-
ской полиции?
— 28 тысяч. (Для справки: в Москве не-
сут службу свыше 70 тысяч сотрудни-
ков милиции.)
— Сколько вооруженных столкновений
происходит в среднем в течение года?
— В прошлом году возникло 1621 стол-
кновение, стреляли дважды, один раз —
со смертельным исходом.
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— В состоянии ли главное полицей-
ское управление обеспечить быстрое
реагирование на вызов полиции?
— Мы реагируем на звонки согласно их
первостепенной важности. Если есть по-
страдавшие, патруль прибывает спус-
тя несколько минут после поступления
вызова на пульт диспетчерской системы
Скотланд Ярда. Это позволяет напра-
вить на место происшествия ближайший
дежурный патруль.
— Вооружена ли Столичная Поли-
ция?
—Лондонская полиция не вооружена.
Однако в городе круглосуточно дейст-
вуетспециальный патруль на брониро-
ванных высокоскоростных машинах. В
состав этого патруля входят 3 вооружен-
ных офицера полиции. Полицейские ма-
шины оснащены компьютерными дис-
плеями, так что информация о личнос-
ти подозреваемого сразу же поступает
к оперативным работникам.
— Какие достижения технического
прогресса использует Столичная Поли-
ция в расследовании преступлений?
— Например, мы используем сканиру-
ющий электронный микроскоп для ис-
следования улик, найденных на месте
преступления, которые впоследствии
могут послужить вещественными до-
казательствами, таких как отпечатки
пальцев, фрагменты кожного и волося-
ного покрова. Если не существует спе-
циализированной экспертной методики
(extensive investigative techniques), в
каждом отдельном случае обращаются
к гражданским специалистам и прово-
дится узкоспециальная работа (to
resort to sophisticated job). Полиция
также пользуется результатами исследо-
ваний ДНК, по этим результатам мож-
но получить массу информации. Одна-
ко, лабораторные методы исследования
очень дороги, поэтому к ним прибега-
ют лишь в наиболее сложных случаях.
TASK 4. Read the following text and translate the sentences given in bold type in
writing:
Police Technology in the USA
Requests for police services are generally
transmitted to headquarters by telephone and
then by radio to officers in the field. Police have
long operated on the theory that fast response time
results in more arrests and less risk or injury to
victims. The current trend is toward handling calls by priority, with
emergency response reserved for cases involving an injured party or
those in which a reasonable chance exists to prevent a crime or make
an arrest at the scene. Modem computer-assisted dispatching systems
permit automatic selection of the nearest officer in service. In some cities,
officers can receive messages displayed on computer terminals in their
cars, without voice communication from headquarters. An officer, for
Базовый курс	105
example, can key in the license number of a suspect car and receive an
immediate response from the computer as to the status of the car and the
owner’s identity.
An increasing number of agencies are now using computers to
link crime patterns with certain suspects. Fingerprints found at crime
scenes can be electronically compared with fingerprint files.
In recent years technological advances have been made in such areas
as voice identification, use of the scanning electron microscope, and blood
testing which is an important tool because only 2 persons in 70,000 have
identical blood characteristics. Some of the new laboratory techniques,
although highly effective, are extremely expensive, so their use is limited
to the most challenging cases.
TASK 5. Answer the following questions:
1.	What are the current trends in police work in the USA?
2.	What cases are handled by priority under the new approach?
3.	How do computers assist in police work?
4.	What technological advances have been made in law-and-order
campaign?
5.	Why is blood testing an important tool in crime detection?
TASK 6. Find in the text above the English equivalents for the following words
and expressions:
1.	пострадавшая сторона
2.	предотвратить преступление
3.	осуществить арест на месте преступления
4.	отпечатки пальцев
5.	быстрое реагирование
6.	печатать, вводить с клавиатуры
7.	технический прогресс
TASK 7. Render the following text into English paying special attention to the
words and expressions given in bold type:
Большое число расследований уголовных преступлений, ве-
дущихся американскими правоохранительными органами, выну-
дило ФБР приступить к созданию новой криминалистической ла-
боратории. Лаборатория будет оснащена новейшим оборудованием
для баллистической, химической, судебно-медицинской и других
106	The Best of Just English
видов экспертизы, необходимых для расследования различных пре-
ступлений.
Лаборатория ФБР, которая находится в Вашингтоне, на протя-
жении многих лет остается крупнейшей и лучшей в стране. Однако в
последнее время она не справляется с огромным потоком заданий,
поступающих не только от головного ведомства, но и из других
правоохранительных органов.
Необходимость создания новой лаборатории продиктована так-
же тем, что ФБР все чаще приходится заниматься расследованием
сложнейших дел, связанных с международным терроризмом, орга-
низованной преступностью и контрабандой наркотиков.
Руководство ФБР планирует создание единой компьютерной
базы данных всех правоохранительных органов США, которая бу-
дет содержать информацию о преступниках и их сообщниках и ве-
щественных доказательствах, собранных в ходе расследований.
It’s Interesting to Know
Alphonse Bertillion
The problem of identifying criminals was made much easier by
Bertillion, who, in 1882, invented a system called anthropometry. As
head of the identification department of the Paris police he had care fill
measurements made of the head, limbs and body of every criminal he
could lay his hands on, who could then not get away in the future by
giving a false name. Photography was also used for the first time.
Many hundreds of criminals were caught in the first years of the
system’s operation, but it was soon replaced by fingerprinting. To
Bertillion, though, must go the credit for creating the science of human
identification.
Cyber Justice
An artificial-intelligence program called the Electronic Judge is
dispensing justice on the streets of Brazilian cities. The program is
installed on a laptop carried by a human judge and helps to assess
swiftly and methodically witness reports and forensic evidence at the
scene of an incident. It then issues on-the-spot fines and can even
recommend jail sentences. It is part of a scheme called Justice-on-
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107
Wheels, which is designed to speed up Brazil’s overloaded legal
system by dealing immediately with straightforward cases.
Most people are happy to have the matters sorted out on the
spot, says the program’s creator, who sits in the state’s Supreme Court
of Appeals. He adds that the idea is not to replace judges but to make
them more efficient.
After police alert the rapid justice team to minor accidents, they
can be on the scene within 10 minutes. Most cases require only simple
questions and no interpretation of the law — the decision-making
process is purely logical. The program presents the judge with multiple
choice questions, such as “Did the driver stop at the red light?” or
“Had the driver been drinking alcohol above the acceptable limit of
the law?” These sorts of questions need only yes or no answers. The
program gives more than a simple judgement: it also prints out its
reasoning. If the human judge disagrees with the decision it can simply
be overruled. Some people who have been judged by the program do
not realise that they have been tried by software.
It could be some time before a similar system takes the place of
an English court. “It would have to satisfy the authorities that it was
absolutely foolproof first,” says a spokesman for the Lord Chancellor’s
office, which oversees courts in England and Wales. But it could be
put to use in the U.S., where the discussion is under way to set up a
mobile system to resolve disputes over traffic accidents.
DEBATE
Cybercop: An Alternative to Policeman?
Divide into groups — pro and con — and conduct a debate on the
necessity of new technologies in police work.
Appoint the ‘Chair ’ ofthe debate who will give thefloor to the speakers
of both teams.
Use the active vocabulary from the Unit.

CHAPTER IV
FAIR TRIAL: THE JURY
UNIT 1
ORIGINS OF THE JURY
BRAINSTORM
•	Acquittal I Sentencing
•	Apprehension
•	Bringing charges
•	Bringing in a verdict
•	Imprisonment
•	Jury trial
•	Police custody
•	Questioning
Arrange the legal actions listed above into a logical chain. What is
the place of jury trial in this sequence?
Early Juries
A jury is a body of lay men and women randomly selected to determine
facts and to provide a decision in a legal proceeding. Such a body
traditionally consists of 12 people and is called a petit jury or trial jury.
The exact origin of the
jury system is not known;
various sources have attributed
it to different European peoples
who at an early period
developed similar methods of
trial. The jury is probably of
Frankish origin, beginning with
inquisition, which had an
accusatory and interrogatory
function. Trial by jury was
brought to England by the
Normans in 1066.
Базовый курс	111
In medieval Europe, trials were usually decided by ordeals, in which
it was believed God intervened, revealing the wrongdoer and upholding
the righteous. In the ordeal by water, for instance, a priest admonished the
water not to accept a liar. The person whose oath was being tested was
then thrown in. If he floated, his oath was deemed to have been perjured.
If he was telling the truth, he might drown but his innocence was clear.
In 1215, however, the Catholic Church decided that trial by ordeal
was superstition, and priests were forbidden to take part. As a result, a new
method of trial was needed, and the jury system emerged.
At first the jury was made up of local people who could be expected
to know the defendant. A jury was convened only to “say the truth” on the
basis of its knowledge of local affairs. The word verdict reflects this early
function; the Latin word from which it is derived, veredictum, means “truly
said”.
In the 14th century the role of the jury finally became that of judgment
of evidence. By the 15th century trial byjury became the dominant mode of
resolving a legal issue. It was not until centuries later that the jury assumed
its modem role of deciding facts on the sole basis of what is heard in court.
TASK 1. Find in the text the words that mean the following:
•	examination of a case before a court of law;
•	a former method of trial used to determine guilt or innocence by
subjecting the accused person to serious physical danger, the result
being regarded as a divine judgment;
•	a solemn appeal to a court to witness one’s determination to speak
the truth;
•	freedom from sin or moral wrong;
•	a belief or practice resulting from ignorance, fear of the unknown,
trust in magic or chance.
TASK 2. Answer the following questions:
1.	What is a jury?
2.	How were cases resolved before jury system emerged?
3.	Why was there a need for jury system?
4.	What was the function of the first juries?
5.	How did the function of the jury change through the centuries?
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TASK 3. Read the following text and write down the Russian equivalents for the
words and expressions given in bold type:
Ordeal
Ordeal is a judgement of the truth of some claim or accusation by
various means based on the belief that the outcome will reflect the
judgement of supernatural powers and that these powers will ensure
the triumph of right. Although fatal consequences often attend an ordeal,
its purpose is not punitive.
The main types of ordeal are ordeals by divination, physical test,
and battle. A Burmese ordeal by divination involves two parties being
furnished with candles of equal size and lighted simultaneously; the owner
of the candle that outlasts the other is adjudged to have won his cause.
Another form of ordeal by divination is the appeal to the corpse for the
discovery of its murderer.
The ordeal by physical test, particularly by fire or water, is the most
common. In Hindu codes a wife may be required to pass through fire to
prove her fidelity to a jealous husband; traces of burning would be regarded
as proof of guilt. The practice of dunking suspected witches was based
on the notion that water, as the medium of baptism, would ‘accept’, or
receive, the innocent and ‘reject’ the guilty. Court officials would tie the
woman’s feet and hands together and then drop her into some deep water.
If she went straight to the bottom and drowned, it was a sure sign that she
wasn’t a witch. On the other hand, if she didn’t sink and just bobbed around
for a while, the law said she was to be condemned as a witch.
In ordeal by combat, or ritual combat, the victor is said to win not by
his own strength but because supernatural powers have intervened on the
side of the right, as in the duel in the European Middle Ages in which the
Базовый курс	113
‘judgement of God’ was thought to determine the winner. If still alive after
the combat, the loser might be hanged or burned for a criminal offence or
have a hand cut off and property confiscated in civil actions.
TASK 4. Answer the following questions:
1.	What was the purpose of ordeal in early ages?
2.	What were the main types of ordeals?
3.	What did ordeal by divination consist of?
4.	What did ordeal by fire have to prove?
5.	In what way was ordeal by water devised?
6.	What concept was at the basis of ordeal by combat?
It’s Interesting to Know
Instructions for Justices of the Peace
in the 16th and 17th Century England Relating to Witches
1.	Conjuration, or Invocation of any evil Spirit, for any intent,
or to be counselling, or aiding thereto, is Felony without benefit of
Clergy.
2.	To consult, entertain, employ, feed, or reward any evil Spirit,
to or for any intent or purpose, is Felony in such offenders, their aiders
and counsellors.
3.	To take up any dead body, or any part thereof, to be employed
or used in any manner of Witchcraft, is Felony in such offenders,
their aiders and counsellors.
4.	Also to use or practice Witchcrafts, Enchantment, Charm, or
Sorcery, whereby any person shall be killed, pinned, or lamed in any
part of their body, or to be counselling or aiding thereto, is Felony.
By the ancient common law such offenders were to be burned.
Now against these Witches, (being the most cruel, revengeful,
and bloody of all the rest) the Justices of the Peace may not always
expect direct evidence, seeing all their works are the works of darkness,
and no witnesses present with them to accuse them.
These are the main points to discover and convict these Witches,
for they prove fully that those Witches have made a League with the
Devil:
1. These Witches have ordinarily a Spirit, which appeareth to
them; sometimes in one shape, sometimes in another; as in the shape
of a Man, Woman, Boy, Dog, Cat, Foal, Fowl, Hare, Rat, Toad.
5*
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And to these Spirits they give names, and they meet together to christen
them (as they speak). [...]
10. The Testimony of other Witches, confessing their own
Witchcrafts, and witnessing against the suspected, that they have
Spirits or Marks; that they have been at their meetings; that they have
told them what harm they have done.
11. If the dead body bleeds upon the Witches touching it. [...]
13. The Examination and Confession of the Children (able & fit
to answer) or Servants of the Witch. Also whether they have seen her
call upon, speak to, or feed any Spirit, or such like, or have heard her
foretell of this mishap, or speak of her power to hurt, or of her
transportation to this or that place.
14. Their own voluntary Confession (which exceeds all other
evidence) of the hurt they have done, or of the giving of their souls to
the Devil, and of the Spirits which they have, how many, how they
call them, and how they came by them.
<_____________________________________________________________________?
UNIT 2
JURY DUTY
TASK 1. Read the following text and write down Russian equivalents for the words
and expressions in bold type:
The Fear of Jury Duty
For Americans, serving jury duty has always
been a dreaded chore. There is plenty of history
behind this fear. In colonial days, jurors were locked
in a small room with no ventilation and were denied
food and water in an attempt to inspire a quick
verdict. If the jurors returned with the wrong decisions, they too were
charged with a crime. As more and more laws were passed, the rules of
evidence expanded and trials became longer, which resulted in more
technical and increasingly boring hours for jurors. Trial lawyers have tried
to change the boredom by replacing endless hours of testimony with
computer animation, video reconstructions, color charts and graphics to
better explain the evidence.
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115
The judicial system depends on
juries. The United States Constitution
guarantees its citizens the right to a trial
by jury of their peers. When summoned
for jury duty, Americans should look upon
it as an opportunity to serve their country,
their community, and their fellow citizens.
Each year, over 5 million Americans
are summoned for jury duty to render
verdicts in approximately 120,000 trials.
Prospective jurors are chosen at
random from voter registration lists.
When people are chosen for jury duty, they are often shown a video tape
explaining the jury system or given a HANDBOOK ON JURY SERVICE.
TASK 2. Answer the following questions:
1.	Why have Americans always feared the jury service?
2.	In what conditions were jurors kept in colonial days? Why?
3.	How has trial procedure changed through the years?
4.	Why is the right to a jury trial considered to be so important for the
U.S. citizens?
The following text comes from a handbook on jury service for U.S. citizens.
Jury Service — an Important Job
and a Rewarding Experience
The right to trial by a jury of our fellow citizens is one of our most
important rights and is guaranteed by the Constitution of the United States.
By serving on a jury, then, you are helping to guarantee one of our most
important freedoms.
Your job as a juror is to listen to all the evidence presented at trial and
to ‘decide the facts’ — that is, to decide what really happened. The judge,
on the other hand, ‘decides the law’ — that is, makes decisions on legal
issues that come up during the trial. For example, the judge may have to
decide whether you and the other jurors may hear certain evidence or
whether one lawyer may ask a witness a certain question. You should not
try to decide these legal issues, sometimes you will even be asked to leave
the courtroom while they are being decided. Both your job and that of the
judge must be done well if our system of trial by jury is to work. In order
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The Best of Just English
to do your job you do not need any special knowledge or ability. It is enough
that you keep an open mind, concentrate on the evidence being presented,
use your common sense, and be fair and honest. Finally, you should not be
influenced by sympathy or prejudice: it is vital that you be impartial with
regard to all people and all ideas.
Many jurors find that it is exciting to learn about this most important
system ‘from the inside’, and challenging to deal fairly and thoroughly
with the cases they hear. We hope that you, too, find your experience as a
juror to be interesting and satisfying.
How You Were Chosen
Your name was selected at random from voter registration records
and placed on a list of potential jurors. Next, your answers to the
Questionnaire for Jurors were evaluated to make sure that you were eligible
for jury service and were not exempt from service. To be eligible, you
must be over 18 years of age, a citizen of the United States, a resident of
the county in which you are to serve as a juror, able to communicate in the
English language and if you have been convicted of a felony, you must
have had your civil rights restored. People who meet these requirements
may be excused from jury service if they have illnesses that would interfere
with their ability to do a good job, would suffer great hardship if required
to serve, or are unable to serve for some other reason.
You are here because you were found to be eligible for jury duty and
were able to serve. You are now part of the “jury pool”, the group of people
from which trial juries are chosen.
TASK 3. Find in the text above the English equivalents for the following words
and expressions:
1.	показания
2.	анкета для присяжных
3.	списки избирателей
4.	предубеждение
5.	судебное разбирательство
6.	вопросы права
7.	фонд, резерв присяжных
8.	сохранять объективность в подходе к вопросу, делу
9.	освобождать от обязанностей присяжного
10.	подходить для службы в жюри присяжных
11.	заслушивать показания
Базовый курс
117
12.	исключать из состава присяжных
13.	восстанавливать в гражданских правах
14.	тщательно и беспристрастно рассматривать дело
15.	удовлетворять требованиям
TASK 4. Explain the meaning of the following words and expressions:
•	fellow citizens
•	evidence
•	to decide the law
•	to decide the facts
•	courtroom
•	common sense
•	prejudice
•	to be impartial
TASK 5. Answer the following questions:
1.	What is the job of a juror?
2.	What is the job of a judge?
3.	What qualities should a good juror have?
4.	What requirements should one meet to be eligible for jury service?
5.	What are the reasons for a person to be excused from jury service?
6.	What is a jury pool?
TASK 6. Translate the following text into English, paying special attention to the
words and expressions in bold type:
Требования, предъявляемые к присяжным заседателям:
В список присяжных заседателей не включаются лица
•	не внесенные в списки избирателей;
•	не достигшие к моменту составления списков присяжных за-
седателей возраста 25 лет;
•	имеющие неснятую или непогашенную судимость;
•	признанные судом недееспособными.
Из списков присяжных заседателей исключаются:
•	лица, не владеющие языком, на котором ведется судопроиз-
водство в данной местности;
•	немые, глухие, слепые и другие лица, являющиеся инвали-
дами;
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•	военнослужащие;
•	судьи, прокуроры, следователи, адвокаты, нотариусы;
•	священнослужители.
TASK 7. The word EVIDENCE has the following meanings in Russian:
1)	доказательство
evidence at law — судебные доказательства
2)	показания
evidence for the defence — показания свидетелей защиты
3)	улики
evidence of crime — улики
4)	свидетельство
written evidence —письменное свидетельство
Match the following English expressions with their Russian equivalents:
1.	evidence in the case 2.	evidence on oath 3.	to give/offer/introduce/ produce evidence 4.	to plant evidence 5.	to weigh evidence 6.	to withhold evidence 7.	evidence wrongfully obtained 8.	evidence of guilt 9.	circumstantial evidence 10.	conclusive/ decisive evidence 11.	expert evidence 12.	false evidence 13.	first hand evidence 14.	insufficient evidence 15.	irrefutable evidence 16.	peijured evidence 17.	physical evidence	а)	вещественное доказательство b)	давать показания, представить доказа- тельства с)	доказательства вины; улики d)	доказательства или показания по делу е)	доказательства, показания, полученные с нарушением закона f)	доказательство из первых рук g)	заключение эксперта h)	косвенное доказательство i)	лжесвидетельство j)	ложное доказательство, показание к)	недостаточное доказательство 1)	неопровержимое доказательство т)	окончательное, решающее доказатель- ство п) оценить доказательства о)	показания под присягой р)	скрыть доказательства q)	сфабриковать доказательства
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119
TASK 8. Study the following Juror’s Excusal/Postponement Form. Imagine that
you are a juror not willing to perform your jury duty. Fill in the form
stating your own reasons:
JUROR’S EXCUSAL/POSTPONEMENT FORM
You may be disqualified / exempt from Jury Duty for the reasons listed below
by checking the appropriate item, or enter your request in the area provided
DISQUALIFICATIONS FOR JURY DUTY
□	Convicted Felon (Civil Rights not Restored)
□	Presently under prosecution for a crime
□	Not a resident of County
□	Not a citizen of the United States
You may be EXEMPT from Jury Duty for reasons listed below
□	70 or older and wish to be temporarily excused
□	70 or older and wish to be permanently excused
□	Physically unable (Doctor’s note must be submitted)
□	Parent, not employed full time with custody of child under age 6
□	Expectant Mother
□	Served on Jury Duty in past 12 months
□	Full-time law enforcement officer
I request to be excused or postponed because
Any request for excusal or postponement must be received at least 7 days
prior to your report date. You will be notified by mail regarding the status of
your request and postponement date, if applicable.
Signature	Phone number (Home and Work)
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UNIT 3
SELECTION OF THE TRIAL JURY
JUROR’S OATH
I do solemnly, sincerely and truly
declare and affirm that I will
faithfully try the defendant and
give a true verdict according to the
evidence.
TASK 1. Read the following text and writedown Russian equivalents for the words
and expressions in bold type:
The first step in the selection of the trial jury is the selection of a ‘jury
panel’. When you are selected for a jury panel you will be directed to report,
along with other panel members, to a courtroom in which a case is to be
heard once a jury is selected. The judge
assigned to that case will tell you about
the case and will introduce the lawyers
and the people involved in the case.
You will also take an oath, by which you
promise to answer all questions
truthfully. Following this explanation of
the case and the taking of the oath, the
judge and the lawyers will question you
and the other members of the panel to find out if you have any personal
interest in it, or any feelings that might make it hard for you to be impartial.
This process of questioning is called Voir Dire, a phrase meaning “to speak
the truth”.
Many of the questions the judge and lawyers ask you during Voir
Dire may seem very personal to you, but you should answer them
completely and honestly. Remember that the lawyers are not trying to
embarrass you, but are trying to make sure that members of the jury do not
have opinions or past experiences which might prevent them from making
an impartial decision.
During Voir Dire the lawyers may ask the judge to excuse you or
another member of the panel from sitting on the jury for this particular
case. This is called challenging a juror. There are two types of challenges.
The first is called a challenge for cause, which means that the lawyer has
a specific reason for thinking that the juror would not be able to be impartial.
For example, the case may involve the theft of a car. If one of the jurors
has had a car stolen and still feels angry or upset about it, the lawyer for the
person accused of the theft could ask that the juror be excused for that
reason. There is no limit on the number of the panel members that the
lawyers may have excused for cause.
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121
The second type of challenge is called ^peremptory challenge, which
means that the lawyer does not have to state a reason for asking that the
juror be excused. Like challenges for cause, peremptory challenges are
designed to allow lawyers to do their best to assure that their clients will
have a fair trial. Unlike challenges for cause, however, the number of
peremptory challenges is limited.
Please try not to take offence if you are excused from serving on a
particular jury. The lawyer who challenges you is not suggesting that you
lack ability or honesty, merely that there is some doubt about your
impartiality because of the circumstances of the particular case and your
past experiences. If you are excused, you will either return to the juror
waiting area and wait to be called for another panel or will be excused
from service, depending on the local procedures in the county in which
you live.
Those jurors who
have not been challenged
become the jury for the
case. Depending on the
kind of case, there will be
either six or twelve jurors.
The judge may also allow
selection of one or more
alternate jurors, who will
serve if one of the jurors is
unable to do so because of illness or some other reason.
TASK 2. Find in the text above the English equivalents for the following words
and expressions:
1.	состав присяжных
2.	отвод присяжного
3.	мотивированный отвод
4.	немотивированный отвод
5.	присяжные, подобранные для судебного рассмотрения дела
6.	присяжный запасного состава
7.	принять присягу
8.	принять беспристрастное решение
9.	указать причину отвода
10.	явиться в зал заседания
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TASK 3. Answer the following questions:
1.	What is the aim of Voir Dire?
2.	What does the procedure of Voir Dire consist of?
3.	What is challenging a juror?
4.	What are the types of challenge?
5.	Why is the number of peremptory challenges limited?
6.	What aims do lawyers pursue while challenging jurors?
7.	What is the number of jurors sitting on a case?
8.	Who are alternate jurors?
TASK 4. The Russian expression СУДЕБНЫЙ ПРОЦЕСС has the following
equivalents in English:
1)	litigation — судебный процесс, спор, тяжба
civil litigation — судебный процесс по гражданскому делу
local litigation — тяжба в местном суде
litigation expenses — судебные издержки
issue in the litigation — предмет судебного спора
2)	lawsuit - судебный процесс, судебное дело, иск, тяжба, пра-
вовой спор, судебный спор, судебное разбирательство
to be cast in lawsuit — проиграть судебный процесс
party to a lawsuit — сторона по делу
to file a lawsuit — подать иск
3)	suit — судебный процесс, иск, преследование по суду, су-
дебное дело, судебная тяжба, судопроизводство
to win / to lose a suit — выиграть / проиграть судебный процесс
to mount a suit — предъявить иск
to press a suit — оказывать давление на ход судебного процесса
to bring a suit — возбудить дело, тяжбу
4)	trial — судебный процесс, судебное разбирательство, слу-
шание дела
open(-court) trial — открытый судебный процесс
to conduct / hold a trial — вести судебный процесс
staged trial — инсценированный судебный процесс
trial by jury — рассмотрение дела с участием присяжных
to bring to trial / to put (up)on trial / to place on trial — предать суду
Базовый курс
123
to face trial — предстать перед судом
to stand trial — отвечать перед судом
civil trial — гражданское судопроизводство
criminal trial — уголовное судопроизводство
preliminary trial — предварительное слушание дела
case for trial/ trial case — дело, подлежащее судебному рассмот-
рению
case on trial — дело на стадии судебного рассмотрения
delay in trial — задержка судебного разбирательства, отсрочка
судебного разбирательства
trial docket / trial list — список дел к слушанию
investigation at the trial — судебное следствие
party to a trial — сторона в процессе; участник процесса
5)	cause — судебный процесс, судебное дело, тяжба
legal cause — судебное дело, законное основание
major / minor cause — дело о тяжком / малозначительном право-
нарушении
costs in the cause — судебные издержки, издержки в процессе
cause list — список дел к слушанию
side in a cause — сторона по делу
6)	controversy — гражданский судебный процесс, правовой
спор, судебный спор
legal controversy — правовой спор; судебный спор
to decide a controversy — решить спор
party in controversy — сторона в судебном споре
7)	process — судебный процесс, процедура, порядок, произ-
водство дел, судопроизводство, процессуальные нормы
arrest process — приказ суда об аресте
8)	proceeding(s) — судебный процесс, рассмотрение дела в
суде, судебное разбирательство, судебная процедура, произ-
водство по делу, судопроизводство
to take criminal proceeding(s) — возбудить уголовное преследо-
вание
civil proceeding(s) — гражданское производство
criminal proceeding(s) — уголовное судопроизводство
forfeiture proceeding(s) — процедура конфискации
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Find in the list above the English equivalents for the following Russian expressions:
1.	судебные издержки
2.	сторона по делу
3.	тяжба
4.	проиграть / выиграть судебный процесс
5.	возбудить дело
6.	предъявить иск
TASK 5. Translate the following text into English, paying special attention to the
words and expressions in bold type:
. Формирование скамьи присяжных заседателей включает:
•	составление списков присяжных заседателей;
•	приглашение их в судебное заседание;
•	выявление судьей объективности и непредвзятости при рас-
смотрении данного дела у приглашенных в суд присяжных заседате-
лей;
•	использование сторонами права на мотивированный и немо-
тивированный отвод присяжных заседателей.
В результате остаются 12 основных и 2 запасных присяжных
заседателя.
От исполнения обязанностей присяжного заседателя по конкрет-
ному делу председательствующий судья освобождает всякого, чья
объективность вызывает обоснованные сомнения вследствие ока-
занного на это лицо незаконного воздействия, наличия у него пред-
взятого мнения, знания им обстоятельств дела из непроцессуальных
источников, а также по другим причинам.
ПРИСЯГА
После того, как кол-
легия присяжных заседа-
телей сформирована и из-
бран их старшина, пред-
седательствующий судья
приводит присяжных за-
седателей к присяге.
“Клянусь исполнять свои обязанности че-
стно и беспристрастно, принимать во вни-
мание все рассмотренные в суде доказа-
тельства, доводы, обстоятельства дела и
ничего, кроме них, разрешать дело по сво-
ему внутреннему убеждению и совести, как
подобает свободному гражданину и спра-
ведливому человеку”. (Россия)
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TASK 6. Complete the following text using the words from the box:
The Jury in Britain
criminal offence; acquitted; challenge; civil cases; convicted;
disqualified; liable for; ownership of property; randomly; right of
appeal; evidence; judiciary; verdict; unanimous; undertake
Trial by jury is an ancient and important feature of English justice.
Although it has declined in___________________(except for libel and fraud),
it is the main element in criminal trials in the crown court. Jury membership
was once linked to the____________________, which resulted in male and
middle-class dominance. But now most categories of British residents are
obliged to jury service when summoned.
Before the start of a criminal trial in the crown court, 12 jurors are
chosen from a list of some 30 names selected from local
electoral registers. They listen to the_______at the trial and give their
verdict on the facts, after having been isolated in a separate room for their
deliberations. In England, Wales and Northern Ireland the
may be ‘guilty’ or ‘not guilty’, the latter resulting in acquittal. Until 1967
the verdict had to be__________. But now the judge will accept a majority
verdict after the jury has deliberated for more than two hours provided
that, in the normal jury of 12 people, there are no more than two dissenters.
In Scotland the jury’s verdict may be ‘guilty’, ‘not guilty’ or ‘not
proven’; the accused is_____________if either of the last two verdicts is
given. As a general rule no one may be without corroborated
evidence from at least two sources.
If the jury acquits the defendant, the prosecution has no
_________and the defendant cannot be tried again for the same offence.
A jury is independent of the_____________. Any attempt to interfere
with a jury is a_______________. Potential jurors are put on a panel before
the start of the trial. In England and Wales the prosecution and the defence
may______________individual jurors on the panel, giving reasons for doing
so. In Scotland the prosecution or defence may challenge up to three jurors
without reason. In Northern Ireland each defendant has the right to challenge
up to 12 potential jurors without giving a reason.
People between the ages of 18 and 70 (65 in Scotland) whose names
appear on the electoral register, with certain exceptions, are
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jury service and their names are chosen at random. Ineligible people include,
for example, judges and people who have within the previous ten years
been members of the legal profession or the police, prison or probation
services. People convicted of certain offences within the previous ten years
cannot serve on a jury. Anyone who has received a prison sentence of five
years or more is for life.
Just for Fun
Jury is a group of twelve men who, having lied to the judge about
their hearing, health, and business engagements, have failed to fool
him.
Henry Lewis Mencken
UNIT 4
IN THE COURTROOM
TASK 1. Read the following text and write down Russian equivalents for the words
and expressions in bold type:
The number of the days you work as a juror and your working hours
depend on the jury selection system in the county in which you live. Working
hours may also be varied by the judge to accommodate witnesses coming
from out of town or for other reasons.
Regardless of the length of your working day, one thing that may
strike you is the amount of waiting. For example, you may have to wait a
long while before you are called for a jury panel. You also may be kept
waiting in the jury room during trial while the judge and the lawyers settle
a question of law that has come up.
This waiting may seem like a waste of time to you and also may make
it seem as if the court system isn’t working very well. In reality, however,
there are good reasons for the waiting you do both before and during trial.
Your having to wait before trial is important for the efficient
operation of the system. Because there are many cases to be heard and
because trials are expensive, judges encourage people to come to an
agreement in their case before trial. These agreements, called settlements,
can occur at any time, even a few minutes before the trial is scheduled to
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127
begin. This means that it is impossible to know exactly how many trials
there will be on a particular day or when they will start. Jurors are kept
waiting, therefore, so that they are immediately available for the next
case that goes to trial.
Your waiting during trial helps assure the fairness of the
proceedings. You will remember that the jurors decide the facts and that
the judge decides the law. If you are sent out of the courtroom during
trial, it is probably because a legal issue has come up that must be decided
before more evidence can be presented to you. You are sent out because
the judge decides that you should not hear the discussion about the law,
because it might interfere with your ability to decide the facts in an
impartial way. Sometimes the judge will explain why you were sent out,
but sometimes he may not be able to do so. Please be assured, however,
that these delays during trial, explained or not, are important to the fairness
of the trial.
In any case, judges and personnel do whatever they can to minimize
the waiting before and during trial. Your understanding is appreciated.
TASK 2. Answer the following questions:
1.	What does a juror’s working day depend on?
2.	What is a settlement?
3.	When and why are jurors sent out of the courtroom during trial?
Courtroom Personnel
In addition to the lawyers and the judge, three other people will play
an important role in the trial. The court reporter, who sits close to the
witnesses and the judge, puts down every word that is spoken during the
trial and also may record the proceedings on tape. The clerk, who sits right
below the judge, keeps track of all documents and exhibits and notes down
important events in the trial. The bailiff helps to keep the trial running
smoothly. The jury is in the custody of the bailiff, who sees to the jurors
comfort and convenience and helps them if they are having any problems
related to jury service.
TASK 3. Find in the text above the English equivalents for the following words
and expressions:
1.	судебный секретарь
2.	вещественное доказательство
3.	вести магнитофонную запись
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4.	судебный пристав
5.	протоколист суда
TASK 4. Look at the picture of an American courtroom. Match the numbers in the
picture with the words below:
□	jury
□	court reporter
□	judge
□	defendant
□	defence attorney
□	witness
□	witness stand
□	prosecuting attorney
□	bailiff
□	jury box
□	judge’s bench
□	courtroom
TASK 5. Read the letter of the inmate of San Quentin Prison (USA). Using the
picture above, explain why in his opinion the courtroom layout is
unfavourable for the defendant:
A View From Behind Bars
I want to talk about the way that courtrooms are laid out. I think that
by their design, it already puts the defendant at a disadvantage when he
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129
goes to trial. Maybe you think that it is ridiculous to claim that the way a
courtroom is laid out has an impact on a trial, but let me explain.
When you walk into a courtroom in California, the floorplan is
basically the same as any other. Since most people have seen at least one
trial on TV, you can probably visualize what I am describing. If you sit in
the jury box and look out over the courtroom, here is what you will see.
Closest to the jury is a witness stand where the witnesses sit when they
testify. On the other side of the witness stand is the Judge’s bench sitting
high above everything else, so as to give an air of authority. Facing the
Bench and witness stand are the tables where the prosecutor and defence
sit during the course of the trial. In between the prosecutor and defence
table is a podium that the lawyers stand at when they address the court
and the jury. Sitting closest to the jury box is always the prosecutor’s
table, then the podium, and on the other side of that is the defence table.
The person on trial is as far away from the jury as it is possible. When I
was on trial, I couldn’t even see half of the jury, unless I leaned out over
the table to look at them. So, this set-up seems to make the person on trial
distant, and not even a real part of the proceedings, which in my opinion,
makes it easier for the jury to depersonalize you when you are on trial.
Meanwhile, the prosecutor is damned near sitting in the jury’s lap all through
the trial and the jury has the tendency to relate with the prosecutor a lot
easier. This might sound like a trivial thing, but consider this. A witness
for the defence is on the witness stand and giving his or her testimony, but
all through the witness’s testimony, the prosecutor is sitting right next to
the jury and reacting to everything the witness says by facial expressions
and body language. And, if you are saying that this doesn’t have an impact
on a jury, then you are very naive... or a prosecutor.
TASK 6. Translate the following definitions in writing:
CASE — any proceeding, action, cause, lawsuit or controversy
initiated through the court system by filing a complaint, petition or
information.
WITNESS — a person who testifies under oath in court regarding
what was seen, heard or otherwise observed.
TRIAL — the presentation of evidence in court to a trier of facts
who applies the applicable law to those facts and then decides the
case.
EVIDENCE — a form of proof legally presented at a trial through
witnesses, records, documents, etc.
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TASK 7. Read the text carefully and comment on the advice given to jurors. Be
ready to explain the relevance of each item:
Do’s and Don’ts for Jurors
During trial
1.	DO arrive on time. The trial can not proceed until all jurors are
present. Do return to the courtroom promptly after breaks and lunch.
2.	DO pay close attention to witnesses. Concentrate both on what the
witnesses say and on their manner while testifying. If you cannot hear what
is being said, raise your hand and let the judge know.
3.	DO keep an open mind all through the trial. DON’T form an opinion
on the case until you and the other jurors have conducted your deliberations.
Remember that if you make up your mind while listening to one witness’s
testimony, you may not be able to consider fully and fairly the testimony
that comes later.
4.	DO listen carefully to the instructions read by the judge immediately
before the jury begins its deliberations. Remember that it is your duty to
accept what the judge says about the law to be applied to the case you have
heard. DON’T ignore the judge’s instructions because you disagree about
what the law is or ought to be.
5.	DON’T talk about the case with anyone while the trial is going on,
not even with other jurors. It is equally important that you do not allow
other people to talk about the case in your presence, even a family member.
6.	DON’T talk to the lawyers, parties, or witnesses about anything.
These people are not permitted to talk to jurors and may appear to ignore
you outside the courtroom. Remember that they are not trying to be rude:
they are merely trying to avoid giving the impression that something unfair
is going on. 7. DON’T try to discover evidence x on your own. For ( example, never go to	l' <• the scene of any event that is part of the case you are 1 hearing. Remember J	) that cases must be decided only on the v щ basis of evidence а л ,л a ' - admitted in court.	r\ /1 • Л Л	-Л--А A A I
Базовый курс
131
8. DON’T let yourself get any information about the case from
newspapers, television, radio, or any other source. Remember that news
reports do not always give accurate or complete information. Even if the
news about the trial is accurate, it cannot substitute for your own impressions
about the case. If you should accidentally hear outside information about
the case during trial, tell the bailiff about it in private.
9. DON’T express your opinion about the case to other jurors until
deliberations begin. A person who has expressed an opinion tends to pay
attention only to evidence that supports it and to ignore evidence that points
the other way.
During deliberations
1.	DO consult with the other jurors before making up your mind about
a verdict. Each juror must make up his or her own mind, but only after
impartial group consideration of the evidence.
2.	DO reason out differences of opinion between jurors by means of
a complete and fair discussion of the evidence and of the judge’s
instructions. DON’T lose your temper, try to bully other jurors, or refuse
to listen to the opinions of other jurors.
3.	DO reconsider your views in the light of your deliberations, and
change them if you have become convinced they are wrong. DON’T change
your convictions about the importance or effect of evidence, however, just
because other jurors disagree with you or so that the jury can decide on a
verdict.
4.	DON’T play cards, read, or engage in any other diversion.
5.	DON’T mark or write on exhibits or otherwise change or injure
them.
6.	DON’T cast lots or otherwise arrive at your verdict by chance, or
the verdict will be illegal.
7.	DON’T talk to anyone about your deliberations or about the verdict
until the judge discharges the jury. After discharge you may discuss the
verdict and the deliberations with anyone to whom you wish to speak.
DON’T feel obligated to do so; no juror can be forced to talk without a
court order. DO be careful about what you say to others. You should not
say or write anything that you would not be willing to state under oath.
TASK 8. Translate the following into English:
Присяжный заседатель не должен:
•	отлучаться из зала судебного заседания во время слушания
дела;
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•	общаться по делу с лицами, не входящими в состав суда, без
разрешения председательствующего;
•	собирать сведения по делу вне судебного заседания.
Just for Fun
A jury consists of twelve persons chosen to decide who has the
better lawyer.
* * *
“You seem to be in some distress,” said the judge to the witness.
“Is anything wrong?”
“Well, your Honour,” said the witness, “I swore to tell the truth
and nothing but the truth, but every time I try, some lawyer objects!”
* * *
A man had been convicted of theft on circumstantial evidence.
When the case was sent for appeal, he revealed to his lawyer that he
had been in prison at the time of the crime committed. “Good Heavens,
man!” said the lawyer. “Why on earth didn’t you reveal that fact at
the trial?”
“Well,” said the man, “I thought it might prejudice the jury
against me.”
* * *
A man accused of stealing a watch was acquitted on insufficient
evidence. Outside the courtroom he approached his lawyer and said,
“What does that mean — acquitted?”
“It means,” said the lawyer, “that the court has found you
innocent. You are free to go.”
“Does it mean I can keep the watch?” asked the client.
* * *
First juror: “We shouldn’t be here very long. One look at those
two fellows convinces me that they are guilty.”
Second juror: “Not so loud, you fool! That’s counsel for the
prosecution and counsel for the defence!”
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UNIT 5
KINDS OF CASES
TASK 1. Read thefollowing text and write down Russian equivalents for the words
and expressions in bold type:
As a juror, you may sit on a criminal case, a civil case, or both.
Civil Cases
Civil cases are usually disputes between or among private citizens,
corporations, governments, government agencies, and other organizations.
Most often, the party bringing the suit is asking for money damages for
some wrong that has been done. For example, a tenant may sue a landlord
for failure to fix a leaky roof, or a landlord may sue a tenant for failure to
pay rent. People who have been injured may sue a person or a company
they feel is responsible for the injury.
The party bringing the suit is called the plaintiff; the party being sued
is called the defendant. There may be many plaintiffs or many defendants
in the same case.
The plaintiff starts the
lawsuit by filing a paper
called a complaint, in which
the case against the
defendant is stated. The
next paper filed is usually
the answer, in which the defendant disputes what the plaintiff has said in
the complaint. The defendant may also feel that there has been a wrong
committed by the plaintiff, in which case a counterclaim will be filed
along with the answer. It is up to the plaintiff to prove the case against
the defendant. In each civil case the judge tells the jury the extent to
which the plaintiff must prove the case. This is called the plaintiffs
burden of proof, a burden that the plaintiff must meet in order to win. In
most civil cases the plaintiffs burden is to prove the case by a
preponderance of evidence, that is, that the plaintiffs version of what
happened in the case is more probably true than not true.
Jury verdicts do not need to be unanimous in civil cases. Only ten
jurors need to agree upon a verdict if there arc 12 jurors: five must agree if
there are six jurors.
In Great Britain in civil cases, the person suing
was, until 1999, known as the PLAINTIFF, but
is now officially called the CLAIMANT, and
the person sued is the DEFENDANT.
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Criminal Cases
A criminal case is brought by the state or by a city or county against
a person or persons accused of having committed a crime. The state, city,
or county is called the plaintiff; the accused person is called the defendant.
The charge against the defendant is called an information or a complaint.
The defendant has pleaded not guilty and you should presume the
defendant’s innocence throughout the entire trial unless the plaintiff
proves the defendant guilty. The plaintiffs burden of proof is greater in
a criminal case than in a civil case. In each criminal case you hear the
judge will tell you all the elements of the crime that the plaintiff must
prove; the plaintiff must prove each of these elements beyond reasonable
doubt before the defendant can be found guilty.
In criminal cases the verdict must be unanimous, that is, all jurors
must agree that the defendant is guilty in order to overcome the
presumption of innocence.
TASK 2. Find in the text above the English equivalents for the following words
and expressions:
1.	заявление об обвинении
2.	элемент (состава) преступления
3.	презумпция невиновности
4.	показания (2)
5.	истец
6.	судебное разбирательство (3)
7.	частные лица
8.	денежная компенсация ущерба
9.	единогласное решение присяжных
10.	наличие более веских доказательств
11.	письменные объяснения, возражения ответчика по делу
12.	ответчик
13.	встречный иск
14.	бремя доказывания
15.	ответственность за ущерб
16.	подать иск /возбудить дело
17.	заслушать показания
18.	заявить о своей невиновности
TASK 3. Translate the following definitions into Russian:
DEFENDANT — (crim.) person charged with a crime;
(civ.) person or entity against whom a civil action is brought.
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135
ACTION — proceeding taken in court synonymous to case, suit,
lawsuit
PREPONDERANCE OF EVIDENCE means that the weight of
evidence presented by one side is more convincing to the trier of facts
than the evidence presented by the opposing side.
PLAINTIFF — the party who begins an action, complains or sues.
COUNTERCLAIM — claim presented by a defendant in opposition
to the claim of the plaintiff.
COMPLAINT — (crim.) formal written charge that a person has
committed a criminal offence;
(civ.) initial document filed by a plaintiff which starts the claim against
the defendant.
TASK 4. Match the following English expressions with their Russian equivalents:
1) evidence for the plaintiff 2) judgement for the plaintiff	а)	вызывать истца в суд b)	выступать в суде в качестве адвоката истца
3)	plaintiffs claim 4)	to appear for the plaintiff 5)	to call the plaintiff	с)	доказательства в пользу истца d)	исковое требование е)	свидетель, выставленный истцом
6) witness by the plaintiff	f) судебное решение в пользу истца
TASK 5. The word DEFENDANT has the following meanings in Russian:
1)ответчик
civil defendant — ответчик
2)	обвиняемый
bailed defendant — обвиняемый или подсудимый, освобождён-
ный (из-под стражи) под залог
3)	подсудимый
judgement for the defendant — судебное решение в пользу ответ-
чика или подсудимого
4)	подзащитный
representation of defendant — представительство интересов под-
защитного или подсудимого
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Match the following English expressions with their Russian equivalents:
1) convicted defendant	а) подсудимый, содержащийся под стражей
2) defendant in custody	b) осуждённый
3) defendant’s record	с) досье подсудимого
4) defendant’s story	d) свидетель, выставленный ответчиком /
	подсудимым
5) defendant’s witness	е) версия, выдвинутая обвиняемым
TASK 6. Answer the following questions:
1.	What is a civil easel
2.	Who is a plaintiff!
3.	Who is a defendant!
4.	What is a complaint?
5.	What is an answer?
6.	What is a counterclaim?
7.	What is a burden ofproof!
8.	What is a criminal case?
9.	What is preponderance of evidence?
10.	How many jurors are necessary to agree upon the verdict in a
criminal case?
11.	Who is the plaintiff in a criminal case?
12.	What is meant by the presumption of innocence?
TASK 7. Study the article below and decide the following:
1.	What are the names of the plaintiff and the defendant in the lawsuit?
2.	What was the issue at the heart of the dispute?
3.	What were the claims of both parties?
4.	How did the Random House editor describe the manuscript?
5.	How did Joan Collins’s attorney build up the defence?
6.	What was the jury’s verdict?
Joan Collins Has Starring Role in Lawsuit
Reuter and Associated Press
NEW YORK
British actress Joan Collins made her debut
Tuesday in a New York courtroom, battling
publishing giant Random House over a
multimillion-dollar book contract. Random
House is suing Collins, demanding the
return of a $ 1.2-million advance paid to her
for manuscripts it claims were unfinished
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137
and unpublishable. Collins, best known for
playing the scheming Alexis Carrington in
the television series Dynasty, has
countersued for $3.6 million she claims the
publishing house still owes her.
Collins said she “felt completely shattered
and let down” by the lawsuit. “It has
seriously upset my writing career and my
reputation”, she said.
The dispute centered on a simple question:
what is a completed manuscript?
Delivering the opening argument for
Random House, attorney Robert Callagy
said Collins had not met the terms of her
contract and had to return the advance
money. “Miss Collins should be treated like
any other person”, Callagy said. “If you sign
the contract, you must perform”.
Former Random House editor Joni Evans
testified that when she first read Collins’
manuscript, she felt “alarmed”. “It just
wasn’t working in any shape or form”, said
Evans, now a literary agent. “It was no
good. It wasn’t grounded in reality. It was
dull, primitive and rough. It was cliched in
plot”.
Collins’s attorney, Kenneth David
Burrows, argued that the actress had
submitted two complete manuscripts, A
Ruling Passion, written at her home in
France, and a second manuscript with the
working title Hell Hath No Fury. Thus she
had turned in the required number of words
and therefore had complied with the
contract. He also said Random House
should have provided her with editing and
advice but instead it was trying to avoid
meeting its obligations. He argued earlier
that under the initial book deal she was
guaranteed the money even if the publisher
rejected the book.
Verdict. The jury decided that Collins had
completed one manuscript in compliance
with her contract. But Random House did
not have to pay her for the second
manuscript because it was merely a
rehashing of the first one and not a separate
piece of work. The verdict meant Collins
could keep the advance and collect more
from Random House, though how much
more remained in dispute.
ROLE-PLAY
Is Justice Done?
Role-play the Joan Collins trial.
STEP 1. Write down the speeches for the opening and closing
arguments of the parties’ attorneys.
STEP 2. Role-play the trial: ‘the lawyers’ deliver their speeches; ‘the
defendant ’ testifies in court.
STEP 3. The rest of the group — thejurors — deliberate the evidence
and bring in a verdict of their own.
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It’s Interesting to Know
Curious Wills
•	When Margaret Montgomery of Chicago died, she left her
five cats and a $ 15,000 trust fund for their care to a former employee,
William Fields. The will
stipulated that Fields was to
use the trust income solely for
the cats’ care and feeding,
including such delicacies as
pot roast meat. If, however, he
outlived all the cats, Fields
would inherit the trust
principal. Nine years later the
last cat, Fat Nose, died at 20,
and Fields, 79, was $10,000
richer.
•	Charles Vance Millar, a Canadian lawyer and financier who
died a bachelor, bequeathed the bulk of his fortune to whichever
Toronto women gave birth to the largest number of children in the 10
years after his death. Four women eventually tied in the ‘stork derby’
that followed the publication of his will. Each had 9 children, and
they shared between them $750,000. A fifth woman who had 10
children was ruled out because 5 were illegitimate.
•	One of the world’s shortest wills was left by an Englishman
named Dickens. Contested in 1906 but upheld by the courts, it read
simply: “All for mother”.
•	A 19th-century London tavernkeeper left his property to his
wife on the condition that every year, on the anniversary of his death,
she would walk barefoot to the local market, hold up a lighted candle,
and confess aloud how she had nagged him. The theme of the
confession was that if her tongue had been shorter, her husband’s
days would have been longer. If she failed to keep the appointment,
she was to receive no more than 20 pounds a year, just enough to live
on. Whether the wife decided to take the bigger bequest or spare herself
humiliation is not known.
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139
UNIT 6
STEPS OF THE TRIAL
TASK I. Read the following text and write down Russian equivalents for the words
and expressions in bold type:
What Happens during the Trial
Events in a trial usually happen in a particular order, though the
order may be changed by the judge. The usual order of events is set out
below.
Step 1: Selection of the Jury.
Step 2: Opening Statements. The lawyers for each side will discuss
their views of the case that you are to hear and will also present a general
picture of what they intend to prove about the case. What the lawyers say
in their opening statements is not evidence and, therefore, does not help
prove their cases.
Step 3: Presentation of Evidence. Allparties are entitled to present
evidence. The testimony of witnesses who testify at trial is evidence.
Evidence may also take the form of physical exhibits, such as a gun or a
photograph. On occasion, the written testimony of people not able to attend
the trial may also be evidence in the cases you will hear.
Many things you will see and hear during the trial are not evidence.
For example, what the lawyers say in their opening and closing statements
is not evidence. Physical exhibits offered by the lawyers, but not admitted
by the judge, are also to be disregarded, as is testimony that the judge
orders stricken off the record.
Many times during the trial the lawyers may make objections to
evidence presented by the other side or to questions asked by the other
lawyer. Lawyers are allowed to object to these things when they consider
them improper under the laws of evidence. It is up to the judge to decide
whether each objection was valid or invalid, and whether, therefore, the
evidence can be admitted or the question allowed. If the objection was
valid, the judge will sustain the objection. If the objection was not valid,
the judge will overrule the objection. These rulings do not reflect the
judge’s opinion of the case or whether the judge favours or does not
favour the evidence or the question to which there has been an objection.
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It is your duty as a juror to decide the weight or importance of evidence
or testimony allowed by the judge. You are also the sole judge of the
credibility of witnesses, that is, of whether their testimony is believable.
In considering credibility, you may take into account the witnesses’
opportunity and ability to observe the events about which they are
testifying, their memory and manner while testifying, the reasonableness
of their testimony when considered in the light of all the other evidence
in the case, their possible bias or prejudice, and any other factors that
bear on the believability of the testimony or on the importance to be given
that testimony.
Step 4: Closing Arguments. The lawyers in the closing arguments
summarize the case from their point of view. They may discuss the evidence
that has been presented or comment on the credibility of witnesses. The
lawyers may also discuss any of the judge’s instructions that they feel are
of special importance to their case. These arguments are not evidence.
Step 5: The Instructions. The role of the jury in American
jurisprudence is 1) to decide the facts - what happened; 2) to apply to
those facts the law as instructed by the judge; and 3) from that application,
to determine whether it has been proved, beyond reasonable doubt, that
the crimes charged were committed and that the defendant committed them.
In order to permit the jury to perform that role, the judge must instruct the
jury on the law that is to be applied in the deliberations on a verdict.
Instructions can be given at four different times during the case -
preliminary instructions given at the beginning of the case, specific
instructions given during the case, final instructions given at the end of
the case, and instructions that respond to questions submitted by the jury
during their deliberations. Traditionally, the judge’s final instructions on
the law were given at the close of evidence and after lawyers have made
their closing arguments. Under more current rules, judges are permitted,
and in some court systems, required, to give their instructions prior to
closing arguments.
All documents or physical objects that have been received into
evidence will also be sent to the jury room. In most, if not all, courts, the
judge reads the instructions to the jury and they are recorded, either
electronically or by a court stenographer. In some courts, the judge, in
addition, may give the jury a written copy to take to the jury room.
Step 6: Jury Deliberation. The jury retires to the jury room to
conduct the deliberations on the verdict in the case they have just heard.
The jury first elects a foreman who will see to it that discussion is
conducted in a sensible and orderly fashion, that all issues are fully and
fairly discussed, and that every juror is given a fair chance to participate.
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141
When a verdict has been reached, the foreman signs it and informs
the bailiff. The jury returns to the courtroom, where the foreman presents
the verdict. The judge then discharges the jury from the case.
TASK 2. Find in the text above the English equivalents for the following words
and expressions:
1.	вступительная речь
2.	заключительная речь
3.	надёжность свидетеля
4.	зачитать вердикт
5.	правомерный протест
6.	принять, поддержать протест
7.	вычеркнуть из протокола
8.	удалиться в комнату для совещаний присяжных
9.	совещание присяжных
10.	старшина присяжных
11.	свидетельские показания
12.	отклонить протест
TASK 3. Answer the following questions:
1.	What are the steps of a trial?
2.	What can be considered evidenced
3.	What is a physical exhibit!
4.	What are objections!
5.	When can objections be made?
6.	Who can sustain or overrule an objection!
7.	What does the judge say in the instructions!
8.	Who presents closing arguments!
9.	What happens during/ury deliberations!
TASK 4. Render the following text into English paying special attention to the
words and expressions given in bold type:
Прения сторон
Прежде чем исследованные в предшествующей стадии судеб-
ного разбирательства материалы дела будут анализироваться в сове-
щании присяжных, они обсуждаются в процессе судебных прений,
где государственный обвинитель и защитник, используя профес-
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сиональные знания и навыки, восстанавливают связь между доказа-
тельствами, позволяя “судьям от общества” сделать свободный вы-
бор между обвинением и оправданием подсудимого.
Позиции обвинения и защиты в суде присяжных строятся не
только на основе принципа состязательности, но и на основе принци-
па презумпции невиновности: невиновность подсудимого предпо-
лагается, а виновность доказывается обвинителем.
Судья вправе прервать речь, возражение или замечание сторо-
ны, если в них содержатся:
•	сведения, не имеющие прямого отношения к делу;
•	обстоятельства, оскорбительные для чьей-либо чести и досто-
инства;
•	данные, не проверенные в ходе судебного следствия;
•	ссылки на исключенные из дела доказательства;
•	сведения о прежней судимости обвиняемого;
•	иные обстоятельства, влияющие на объективность присяж-
ных.
Судья в своем напутственном слове объясняет присяжным за-
седателям, что при вынесении вердикта они должны:
•	руководствоваться здравым смыслом;
•	руководствоваться принципом презумпции невиновности,
согласно которому подсудимый не обязан доказывать свою не-
виновность: бремя доказывания вины подсудимого лежит
на государственном обвинителе;
•	оценивать исследованные в суде доказательства (показания
подсудимого, потерпевшего, свидетелей, заключения экспер-
тов и др.) в их совокупности, согласовывая их одно с другим;
•	не принимать во внимание доказательства, вычеркнутые
из протокола;
•	не воспринимать как доказательства доводы, прозвучавшие в
речах сторон.
TASK 5. Translate the following text into Russian:
Verdict
Verdict, in law, is the pronouncement of the jury upon matters of fact
submitted to them for deliberation and determination. In civil cases, verdicts
may be either general or special. A general verdict is one in which the jury
pronounces generally upon all the issues, in favor of either the plaintiff or
the defendant. A special verdict is one in which the jury reviews the facts,
Базовый курс	143
but leaves to the court any decisions on questions of law arising from those
facts. As a rule, however, special verdicts are not applicable to criminal
cases, and in most instances the jury renders a general verdict of‘guilty’ or
‘not guilty.’
Generally, the jury’s verdict must be unanimous. In a number of states,
however, the condition of unanimity has been modified, and verdicts can
consequently be rendered by a designated majority of the jury. All jury
members must be present in court when the verdict is given.
In criminal cases a verdict of acquittal is conclusive upon the
prosecution (the state), thus precluding double jeopardy, but the defendant
may be tried again in the event the jury cannot reach a decision. The
defendant must be present when the verdict is rendered.
TASK 6. Match the following English expressions with their Russian equivalents:
1)	final verdict 2)	general verdict 3)	special verdict 4)	to attain/reach/retum/bring in a verdict 5)	unanimous verdict 6)	verdict of acquittal 7)	verdict of conviction 8)	verdict of guilty 9)	verdict of non-guilty 10)	wrong verdict 11)	to agree to/upon a verdict	а)вердикт о виновности b)вердикт о невиновности с) вердикт об оправдании d) вердикт об осуждении е) вынести вердикт f)	генеральный вердикт, вердикт по существу дела g)	окончательный вердикт h)	ошибочный вердикт i)	прийти к соглашению относи- тельно вердикта j)	вердикт, вынесенный едино- гласно к)	специальный вердикт (решение присяжными частного вопроса)
TASK 7. Render the following text into English paying special attention to the
words and expressions given in bold type:
Вердиктом является решение коллегии присяжных заседате-
лей по поставленным перед ней вопросам, включая основной вопрос
о виновности подсудимого.
Присяжные выносят вердикт
•	без постороннего влияния, удалившись в совещательную ком-
нату,
6 — 9099
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•	открытым голосованием, причем никто не вправе воздержать-
ся от принятия решения,
•	путем единогласного решения, или большинством голосов,
•	ответы даются по каждому вопросу отдельно.
Руководит совещанием присяжных старшина, который после-
довательно ставит на обсуждение подлежащие разрешению воп-
росы, проводит голосование, ведет подсчет голосов.
TASK 8. Revise your knowledge of the work of juries. Fill in the gaps in the following
sentences:
1.	A juror should keep an open_____________all through the trial. 2. You
become a potential juror after your name is selected___________from
voters registration___________ . 3. A crime of graver nature than a
misdemeanour is a_____________.4. To___________somebody means to find
a person not guilty in a trial. 5. Civil cases are usually disputes between or
among______________, corporations or other organizations. 6.The______
of jury doesn’t need to be in civil cases. 7.The
____________keeps track of all documents and exhibits in trial being the
judge’s assistant. 8. The job of a juror is to listen to and to
decide. 9. One who is engaged in a lawsuit is called a
_________. 10. Process by which a lawyer questions a witness called to testify
by the other side is__________.11. “______________” is a phrase meaning
“to speak the truth”. 12. A juror should not be influenced by sympathy or
____________.13. A juror should not express his______________to other
jurors before________________________________________________begin. 14. Formal accusation of having
committed a criminal offence is a__________. 15. To be a good juror you
should use your_______________and be______________. 16. The third stage
of a trial is_________________. 17. When a___________has been reached
the judge the jury from the case. 18. A member of jury panel
must____________an________promising to answer all questions truthfully.
19.	To be eligible, you must: be______________,_______________, able
to, and if you__________________ever______________________, you must
have your____________________________. 20. Compromise agreement by
opposing parties, eliminating the need for the judge to resolve the
controversy is called___________. 21. Trier of facts is a______or, in a
non-jury trial — a______________. 22. People who don’t meet certain
____________may be____________from jury service. 23. Lawyers for each
side are allowed to___________when they consider something done
improper under the________of evidence. 24. Attorney who represents the
defendant is a. 25.is any statement made by a
Базовый курс	145
witness under_____in legal proceedings. 26._________________means
that the lawyer doesn’t have to state a________for asking the juror to be
excused. 27. The party bringing the suit is called a. 28. The
fifth step of a trial is called________________, when the lawyers
__________the case from their______of view. 29. The lawsuit is started
by filing a paper called a_________. 30. The defendant’s innocence is
__________unless he is proved______. 31. It is up to the judge to decide
whether each_______________________is valid or_. 32. Following the_
of evidence, the judge gives_________to the jurors on the laws that are
to guide them in their___on a______. 33. A________case is brought by
the state or the city against a person or persons accused of a
crime. 34. In_____cases people who have been______may sue a person
or a company they feel is responsible for______. 35. If the defendant
has_______not guilty, the prosecution must prove his guilt to overcome
the___________________. 36. The________________elected by the jury should
provide that__________is conducted in orderly fashion. 37._________
______is a request by a party to excuse a specific juror for some reason.
38. The___________in trial decides the law, i.e. makes decisions on legal
. 39.Most often in civil cases the party bringing the is asking
for money.
UNIT 7
THE VALUE OF JURIES
Falling Bastion?
How valuable is the jury in modem times? This is a very controversial
question. On the one hand the jury has much ancient history behind it
(though some scholars have argued it is more mythology than true history)
as a bastion of the liberty of the subject against repressive governments.
To a minor degree the jury can, and occasionally still does, play this role.
The jury system is the ordinary citizen’s link with the legal process.
It is supposed to safeguard individual liberty and justice because a
common-sense decision on the facts either to punish or acquit is taken by
fellow citizens rather than by professionals. But the system has been
criticized because of its high acquittal rates; allegedly unsuitable or
subjective jurors; intimidation of jurors; and administrative reason for
saving time and costs.
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Throughout the world the use of jury trials is limited. The French
Revolution initiated trial by jury in continental Europe, and this spread to
other civil-law countries, but only for criminal trials. In the 20th century
jury trials have been abandoned or eliminated in most civil-law countries.
Jury trials survive primarily in the common-law countries, above all, the
United States. Even there and in England jury trial has declined in favor of
trial by judge. Many critics urge the curtailment or elimination of the jury
trial as an amateurish and inefficient method of determining a legal issue.
Critics would like to replace the jury with panels of experts in relevant
fields. But, after widespread opposition to such proposals, it seems as though
the jury will continue in its present form.
TASK 1. Answer the following questions:
1.	Why is jury called “the bastion of liberty”?
2.	Why has the jury system been criticized?
3.	In what countries is the jury system used? Why?
TASK 2. Comment on the following quotations. Which of them are for / against
the jury system? Give your grounds:
Words of Wisdom about Jury Service
The jury, passing a verdict on the prisoner’s life,
May have in the sworn twelve a thief or two
Guiltier than him they try.
William Shakespeare
Our civilization has decided... that determining the
guilt or innocence of men is a thing too important to
be trusted to trained men... When it wants a library
catalogued, or the solar system discovered, or any trifle
of that kind, it uses up its specialists. But when it
wishes anything done which is really serious, it
collects twelve of the ordinary men standing round.
The same thing was done, if I remember right, by the
Founder of Christianity.
G.K. Chesterton
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“Write that down,” the King said to the jury, and the
jury eagerly wrote down all three dates on their slates,
and then added them up, and reduced the answer to
shillings and pence.
Lewis Carroll
I consider trial by jury as the only anchor ever yet
imagined by man, by which a government can be held
to the principles of its constitution.
Thomas Jefferson
It’s not only the juror’s right, but his duty to find the
verdict according to his own best understanding,
judgement, and conscience, though in direct
opposition to the direction of the court.
John Adams
Providing an accused with the right to be tried by a
jury of his peers gave him an inestimable safeguard
against the corrupt or overzealous prosecutor.
Justice Byron White
TASK 3. Read the article describing the current debate on jury system in the UK:
Jury System Reform Defeated in Parliament
In 1999 the UK Home Secretary Jack Straw
unveiled plans to limit the right to trial by
jury. In the UK defendants in certain cases
can choose whether they want a trial by
magistrates or by judge and jury. The Home
Secretary said, “England and Wales has the
only jurisdiction system where defendants
have the right to choose their court. In
addition, trial by jury is a more expensive
process than a hearing by magistrates.”
Defending the proposed legislation, Mr.
Straw said that it would streamline the
criminal justice system, save 128 million
pounds a year and prevent some defendants
from “working the system”.
MAGISTRATES (Justices of the
Peace or JPs) are judicial officers who
judge cases in lower courts. They are
usually unpaid and have no formal
legal qualifications, but they are
respectable people who are given
some training.
The jury trial in its modem form stems back
to 1855. Serious crimes are automatically
heard by a jury as well as a wide range of
middle-ranking offences such as theft and
handling stolen goods. There were plans to
abolish jury trials for complex fraud cases.
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proposals to allow magistrates to decide
whether defendants accused of lesser
offences should be entitled to jury trial. The
Lords also condemned the bill as bringing
in a two-tier system in which the rich would
be able to defend their reputation but the
poor would not.
Opponents of the bill believe it would have
restricted a fundamental right to jury trial
by one’s peers and would erode public
confidence in the criminal justice system.
The legal profession, civil liberties groups,
opposition parties and the Lords rejected
Jack Straw’s policy.
The Home Office pointed out the huge cost
of such cases to the taxpayers and the strain
on judges, juries and defendants. The
government argued that some defendants
abuse the current system delaying their trial
by pleading not guilty in order to get a trial
by jury, then changing their plea at the last
moment in order to get a more lenient
sentence.
In both chambers of Parliament, however,
the legislation was condemned as unjust,
and the bill described as “one of the worst
pieces of legislation to come for many
years”. The majority of the MPs in the
House of Commons voted against the
TASK 4. Answer the following questions:
1.	What was the subject matter of the bill proposed by the UK Home
Secretary?
2.	What were the reasons for introducing this bill?
3.	What crimes do juries in England and Wales deal with?
4.	In your opinion, why were there plans to abolish jury trials for
complex cases?
5.	Why was the legislation rejected by both Houses of Parliament?
Explain the position of the Commons and the Lords.
6.	Why would the poor suffer from this kind of legislation?
TASK 5. Study the opinion poll on the UK government initiative to limit the right
to trial by jury. Which of these opinions are for/ against the jury system?
The new bill is considered to be the beginning of the end for Britain’s
ancient jury system. The members of the public were asked a question:
“Do you believe it is the fairest system available or is it old-fashioned
and in need of reform?”
«.____________________________________________________________________>
It’s clear that the system is far from ideal. Juries of ordinary
people are by their very nature more influenced by emotion
than facts because they aren’t trained to deal with these.
That being said, magistrates are probably not that much
better placed to do so.
John Cahill, UK
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The right for a suspect to have a jury has been welded
into English law for hundreds of years. What right has
Straw to deny people this basic right?
Nick, England
Flawed as the jury system is, the right to be judged by
one’s peers is not something that should be tossed aside
lightly, and certainly not on the grounds of expense.
Kit, UK
As a retired Cop I can tell you that the rule is this: if you
are guilty get a good lawyer and a jury. If you are innocent
you would have a better chance with a Judge only.
Ту Northcutt, USA
In real life it doesn’t make much difference whether you
opt for trial by jury or trial by magistrates. In the
Netherlands there is no trial by jury whatsoever, still I
cannot see any signs of a despotic police state looming
above the horizon, democracy going to pot, or personal
freedom going down the drain.
Frank Drop, the Netherlands
If a defendant is tried by a true “jury of his peers,” then a
jury trial would perhaps result injustice. If, as is currently
true in the United States, and possibly also in the UK, a
jury is selected from people who are not peers of the
defendant, who know nothing of the case, and have
nothing better to do with their time, then a jury trial
becomes a two-ring circus. The ring which produces the
best performance wins. Justice is incidental. It becomes
all about winning.
Jim, USA
The idea of 12 good men/women is flawed. The jury
system is a lottery and you have no guarantee that the
people have an adequate grasp of the concepts involved.
The court room is a forum for a display of semantics by
lawyers and too many people are misled by it.
Lucas, UK
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Trial by Jury is part of what the English-speaking nations
of the world understand by democracy. The ordinary
people don’t only decide who shall write the laws, by
electing the MPs, they also decide, by serving on juries,
against whom those laws shall be applied. If you argue
that they are incompetent to do the latter, then by the same
token you are in fact arguing that they are incompetent to
do the former.
T. D. Erikson, UK
Although a jury by one’s peers may have its flaws, I can
think of no better or less flawed system available. Sure, it
may be expensive, but since when has there been a price
tag on justice? If somebody can come up with a better
non-biased judicial system then please feel free. But until
then, I see no better alternative.
Frederick Sexe, USA
There seems to be a continual erosion of our judicial
system. It’s another step towards justice by decree.
Magistrates are essentially illegitimate: they are not
elected, nor randomly chosen; they are appointees of the
State. Their use should be restricted to very minor cases.
The right to be judged by one’s peers is ancient and
fundamental. Justice dispensed by ‘experts’ or officials
is abhorrent.
Mark Parker, UK
The people need to be involved in the justice system. No
juries, only appointed judges? I don’t think so.
Joyce Cross, USA
Having worked as a Barrister’s Clerk for some time I have
come to the conclusion that jury trials do not always result
injustice. Most criminals are accomplished liars, resulting
in many juries being lead astray from the truth. As a result
justice is not reached.
Hannah Bell, England
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Ask many innocent victims of this flawed system. The
law is a complex business and best left to those who have
devoted their lives to studying it. Replace juries drawn
from ordinary people with teams of professional jurors
trained and qualified to perform the function.
John, England
DEBATE
Do Juries Deliver Justice?
Express your opinion on the question above.
Prepare your arguments for or against. Divide into two groups—pro
and con, and conduct a debate.
Appoint the 'Chair ’ of the debate who will give the floor to the speakers
of both teams.
Use the active vocabulary from the Unit.

CHAPTER V
IMPRISONMENT: RETRIBUTION
OR REHABILITATION?
UNIT I
PENAL AND CORRECTIONAL INSTITUTIONS
THROUGHOUT HISTORY
BRAINSTORM
1. What role do correctional institutions play in the modern society?
2. Which of the following words refer to:
a) goals of punishment
b) correctional institutions:
• Cell
•	Custody
•	Deterrent
•	Imprisonment
•	Incarceration
•	Isolation
•	Jail/Gaol
•	Penitentiary
•	Penitence
•	Penology
•	Prison
•	Reformation
•	Reformatory
•	Rehabilitation
•	Retribution
•	Solitary confinement
I., n	... *
TASK 1. Read thefollowing text and write down Russian equivalents for the words
and expressions given in bold type:
Development of the Prison System
A prison is an institution for the confinement of persons convicted
of major crimes or felonies. In the 19th and the 20th centuries, imprisonment
replaced corporal punishment, execution, and banishment as the chief
means of punishing serious offenders.
Historically exile, execution, and various forms of corporal
punishment were the most common penalties for criminal acts.
In the 12th century England jails were widely used as places for the
confinement of accused persons until their cases could be tried by the
king's court. Imprisonment gradually came to be accepted not only as a
device forholding persons awaiting trialbut also as a means ofpunishing
convicted criminals.
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During the 16th century a number of houses of correction were
established in England and on the continent for the reform of minor
offenders. In these institutions there was little segregation by age, sex, or
other condition. The main emphasis was on strict discipline and hard labour.
Although reformation of offenders was intended in the houses of
correction, the unsanitary conditions and lack of provisions for the welfare
of the inmates soon produced widespread agitation for further changes in
methods of handling criminals. Solitary confinement of criminals became
an ideal among the rationalist reformers of the 18th century, who believed
that solitude would help the offender to become penitent and that penitence
would result in reformation.
Meanwhile, strenuous opposition to the prolonged isolation of
prisoners developed very early, especially in the United States. A
competing philosophy of prison management, known as the ‘silent system’
was developed. The main distinguishing feature of the silent system was
that prisoners were allowed to work together in the daytime. Silence was
strictly enforced at all times, however, and at night the prisoners were
confined in individual cells.
Further refinements were developed in Irish prisons in the mid-1800s.
Irish inmates progressed through three stages of confinement before they
were returned to civilian life. The first portion of the sentence was served
in isolation. Then the prisoners were allowed to associate with other inmates
in various kinds of work projects. Finally, for six months or more before
release, the prisoners were transferred to ‘intermediate prisons’, where
inmates were supervised by unarmed guards and given sufficient freedom
and responsibility to permit them to demonstrate their fitness for release.
Release was also conditional upon the continued good conduct of the
offender, who could be returned to prison if necessary.
These were the steps made to fit the severity of the punishment to the
severity of the crime, in the belief that the existence of clearly articulated
and just penalties would act as a deterrent to crime. Since then, deterrence,
rather than retribution, has become a leading principle of European penology.
TASK 2. Answer the following questions:
1.	What is a prison?
2.	What were the means of punishing offenders before the 19th century?
3.	What was the purpose of jails in the 12th century England?
4.	What were the main features of houses of correction in the 16th
century?
5.	Why did the rationalist reformers of the 18th century seek to establish
solitary confinement of criminals?
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6.	What is the ‘silent system’?
7.	What were Irish prisons like in the mid-1800s?
TASK 3. Read the text below and answer the following questions:
1.	What are the purposes of incarceration?
2.	How are these purposes obtained?
3.	What three categories of prisons are described in the text?
4.	What is the general principle of confining offenders in different
kinds of prisons?
Present-day Penal Institutions
Modem prisons are quite diverse, but it is possible to make some
generalisations about them. In all but minimum-security prisons, the task
of maintaining physical custody of the prisoners is usually given the highest
priority and is likely to dominate all other concerns. Barred cells and locked
doors, periodic checking of cells, searches for contraband, and detailed
regulation of inmates’ movements about the prison are all undertaken to
prevent escapes. In order to forestall thievery, drug and alcohol use, violent
assaults, rapes, and other types of prison crime, the inmates are subjected
to rules governing every aspect of life; these do much to give the social
structure of the prison its authoritarian character.
The need to maintain
security within prisons has
prompted many countries to
separate their penal institutions
into categories of maximum,
medium, and minimum
security. Convicted offenders
are assigned to a particular
category on the basis of the
seriousness or violent nature of
their offence, the length of their sentence, their proneness to escape, and
other considerations. Within a prison, the inmates are often classified into
several categories and housed in corresponding cellblocks according to
the security risk posed by each individual. Younger offenders are usually
held in separate penal institutions that provide a stronger emphasis on
treatment and correction.
Prisons generally succeed in the twin purposes of isolating the criminal
from society and punishing him for his crime, but the higher goal of
rehabilitation is not as easily attained. An offender’s time in prison is usually
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reduced as a reward for good behaviour and conscientious performance at
work. The privilege of receiving visits from family members and friends
from the outside world exists in almost all penal systems.
TASK 4. Find in the text above the English equivalents for the following words
and expressions:
1.	заключённый
2.	нападение с применением насилия
3.	некарательное воздействие и исправление
4.	осуждённый
5.	реабилитация личности преступника
6.	тюрьма с максимальной изоляцией заключённых
7.	тюрьма с минимальной изоляцией заключённых
8.	тюрьма со средней степенью изоляции заключённых
TASK 5. Explain the meaning of the following words and expressions. Make up
sentences of your own:
•	conscientious performance at work
•	proneness to escape
•	security risk
•	to forestall thievery
•	to give smth. the highest priority
•	to maintain security within prisons
TASK 6. Match the following English expressions with their Russian equivalents:
1)	breach of prison 2)	closed prison 3)	industrial prison 4)	open prison 5)	prison bar 6)	prison breaker 7)	prison education 8)	prison lawyer 9)	prison term 10)	prison ward 11)	to be sent to prison 12)	to do one’s time (in prison) 13)	to escape from prison	а)	“промышленная тюрьма” (тюрьма, где заклю- чённые работают в цехах, мастерских) Ь)	бежавший из тюрьмы с)	бежать /совершить побег/ из тюрьмы d)	быть приговорённым к тюремному заключению е)	отбывать срок в тюрьме f)	перевоспитание или обучение заключённых в тюрьме g)	побег из тюрьмы / побег из-под стражи h)	тюремная камера i)	тюремная решётка j)	тюремное заключение / тюремный срок к)	тюремный юрист 1)	тюрьма закрытого типа т)	тюрьма открытого типа (неохраняемая)
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ДЦД The Tower of London
Founded nearly a millennium ago and expanded upon over the
centuries since, the Tower of London has protected, housed, imprisoned
and been for many the last sight they saw on Earth.
It has been the seat of British government and the living quarters of
monarchs, the site of renowned political intrigue, and the repository of the
Crown Jewels. It has housed lions, bears, and (to this day) flightless ravens,
not to mention notorious traitors and framed members of court, lords and
ministers, clergymen and knights.
In the Middle Ages the Tower of London became a prison and place
of execution for politically related crimes, with most captives being put to
death (murdered or executed). Among those killed there were the humanist
Sir Thomas More (1535); the second wife of Henry VIII, Anne Boleyn
(1536). Other notable inmates included Princess Elizabeth (later Elizabeth
I), who was briefly imprisoned by Mary I for suspicion of conspiracy; the
infamous conspirator Guy Fawkes (1606) and the adventurer Sir Walter
Raleigh (1618). Even in the 20th century during World War I several spies
were executed there by firing squad.
TASK 7. Explain the meaning of the following words and expressions:
•	a framed member of court
•	a notable inmate
•	a notorious traitor
•	a politically related crime
•	an infamous conspirator
•	the repository of the Crown
Jewels
•	the seat of British government
•	the site of renowned political
intrigue
TASK 8. Complete the following table with the appropriate verb or noun forms:
Verb	Noun
to plot	
	execution
to capture	
	conspiracy
to imprison	
	protection
	traitor
to suspect	
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TASK 9. Match the names of the renowned prisoners from the box with the stories
given below:
Catherine Howard; Sir Walter Raleigh; Anne Boleyn;
Guy Fawkes; Sir Thomas More
Here are some of the unfortunates held within the Tower walls.
, the Lord Chancellor and scholar who served
Henry VIII until the break with Rome, refused to acknowledge Henry VIII
as supreme head of the English Church, and continued adamant when the
king’s subjects were required to subscribe to the oath imposed. He also
protested against the divorce of Catherine of Aragon, who had given Henry
only one living child, the Princess Mary.
________________________, Henry VIII’s second wife, was taken to the Tower
on a charge of adultery. Before her crowning she had stayed in what is
now called the ’’Queen’s House”, built below the Bell Tower in 1530. As
a prisoner she returned there. Her trial took place in the medieval great hall
where she was sentenced to death.
________________________was Henry VIII’s fifth wife and according to him
his ‘very jewel of womanhood’. He adored her and showered her with
gifts and favours and pampered her in every way. She appointed a former
admirer as her private secretary and soon rumours were being whispered
at court about the Queen’s misconduct. Henry’s immediate reaction was
one of total disbelief. However, he ordered an investigation and found
that she had really been flirting behind his back. For this he could show
no mercy. She was tried, condemned and beheaded at the Tower of
London.
________________________was a leading conspirator in the Gunpowder Plot
to blow up Parliament. He was a Catholic convert who had served in the
Spanish army before becoming involved in the plot. He and his fellow
conspirators were taken to the Tower and interrogated in the Queen’s House.
In January 1606 with three others, he was drawn on a hurdle from the
Tower to the Houses of Parliament and there hanged, beheaded and
quartered.
________________________was an explorer known for his expeditions to
the Americas, and for allegedly bringing tobacco and the potato from the
New World to the British Isles. A favourite of Elizabeth I, he fell thoroughly
out of favour and spent 12 years in the Tower on a charge of plotting against
King James I. He was released in 1616, only to find himself back there in
1618 after his fruitless expedition to look for gold mines in Guyana. This
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time he was kept in one of the most cold and direful dungeons before being
beheaded six weeks later. In his speech from the scaffold he thanked God
that he died in the light, and not in the dark prison of the Tower.
TASK 10. Read the text and write down Russian equivalents for the words and
expressions given in bold type:
The Bastille
The Bastille was a medieval fortress on the East side of Paris that
became, in the 17th and 18th centuries, a French state prison and a place of
detention for important persons charged with miscellaneous offences.
The Bastille, stormed by an armed mob of Parisians in the opening days
of the French Revolution, was a symbol of the despotism of the Bourbons
and held an important place in the ideology of the Revolution.
With its eight towers, 100 feet high, linked by walls of equal height
and surrounded by a moat more than 80 feet wide, the Bastille dominated
Paris. The first stone was laid on April 22, 1370, on the orders of
Charles V of France, who had it built as a bastide, or fortification (the
name Bastille is a corruption of bastide), to protect this wall around Paris
against English attack.
The Cardinal de Richelieu was the first to use the Bastille as a state
prison in the 17th century. Prisoners included political troublemakersand
individuals held at the request of their families, often to coerce a young
member into obedience or to prevent a disreputable member from
marring the family’s name. Under Louis XIV, the Bastille became a place
of judicial detention; and later persons being tried by the Parliament were
also detained there. It is noteworthy that prohibited books were also placed
in the Bastille. The high cost of maintaining the building prompted talk
of demolition in 1784.
On July 14, 1789, when only seven prisoners were confined in the
building, a mob advanced on the Bastille with the intention of asking the
prison governor to release the arms and munitions stored there. Angered
by the governor’s refusal, the people stormed and captured the place. This
dramatic action came to symbolise the end of the ancient regime. The
Bastille was subsequently demolished by order of the Revolutionary
government.
TASK 11. Answer the following questions:
1.	When and why was the Bastille built?
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2.	Who was the first to use the Bastille as a state prison?
3.	What was the Bastille like in the 17th and 18th centuries? Who was
confined there?
4.	How was the Bastille demolished?
TASK 12. Read the text in the section “It’s Interesting to Know”. Find more
information about the research into the treatment of criminals carried
out by the 18,h century humanists:
f----------------------------------
It’s Interesting to Know
John Howard, 1726-1790
There is in England today a society called The Howard League
of Penal Reform. It is named after one of the greatest figures in the
history of law in the eighteenth century. Howard was High Sheriff of
Bedfordshire when in 1773 he started to investigate prison conditions.
The thing that drew his interest was the discovery that innocent people
were often held in gaol until they had paid the gaoler’s fees even
though the court had found them not guilty. In the next three years he
visited every prison in Great Britain and Ireland as well as many in
Europe and wrote a book based on his experiences called The State of
Prisons. He died in Russia on his way to find out about sanitary
conditions in the Russian army. Through his work and that of Elizabeth
Fry prisons were at last improved and prisoners treated more like
human beings than animals.
Cesare Beccaria, 1738—1794
Punishment of criminals in the eighteenth century was savage,
from torture to death or imprisonment. One of the first people to raise
a voice against the inhumanity was Beccaria, who wrote a famous
book called Concerning Crimes and Punishment. He called for mercy
and his pleas were heard by such people as Frederick the Great of
Prussia, who was in a position to do something about unjust laws.
The book was soon translated into several languages. Beccaria was
one of the first people to say that the law should consider the person
being tried as well as the crime he or she has committed.
>-
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Elizabeth Fry, 1780—1845
Until the great reforms in law, which took place in the nineteenth
century, criminals were treated with great brutality. Thieves were
hanged or deported, while floggings were very common and prisons
were very dirty and terribly overcrowded. Elizabeth Fry was one of
the very few people who devoted their lives to improving the life of
prisoners. She was a Norfolk Quaker who went among the criminals
to understand them better and to improve the conditions in which
they lived. In 1817 she formed a society for the improvement of prison
conditions and started to take an interest in prisons in other countries.
She was so successful in her work that she was thanked by the House
of Commons for her efforts.
REVIEW
Sum up the information from the Unit. Add the facts and data that
you have obtained during your classes of law. Make reports and
present them in class. Use the patterns and the vocabulary from the
Unit.
UNIT 2
PRISON POPULATION
TASK 1. Read the text below and answer the following questions:
1.	What are the main categories of inmates?
2.	Where are long-term prisoners usually held?
3.	What is the purpose of reformatories?
4.	What are open prisons?
Nowadays prisoners are kept in separate institutions according to the
severity of crime committed, as well as well as to the age, sex and other
conditions. Consequently, the inmates include unconvicted prisoners,
juvenile delinquents, women prisoners, recidivists and life-sentence
prisoners.
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Most prisoners serving longer sentences are held in correctional
institutions, which are usually large maximum-security buildings holding
offenders in conditions of strict security. Young offenders are usually
detained in reformatories, often designated under names that imply that
their purpose is treatment or correction rather than punishment. Women
are normally held in separate prisons. Prisoners who are not considered a
danger to the community may be confined in low-security or open prisons.
TASK 2. Explain the meaning of the following words and expressions:
•	unconvicted prisoner
•	juvenile delinquent
•	recidivist
•	life-sentence prisoner
TASK 3. Match the following English expressions with their Russian equivalents:
1)	close prisoner 2)	life-sentence prisoner 3)	long-sentence / long-term prisoner 4)	prisoner of conscience 5)	prisoner of war 6)	prisoner on bail 7)	prisoner on trial 8)	prisoner’s box 9)	prisoner’s story	а)	“узник совести” (политический заключённый) b)	версия, выдвинутая обвиняемым с)	военнопленный d)	лицо, содержащееся в одиночном заключении е)	обвиняемый, отпущенный (из-под стражи) на поруки f)	осуждённый, отбывающий долгосроч- ное тюремное заключение g)	подсудимый h)	приговорённый к пожизненному тюремному заключению i)	скамья подсудимых
TASK 4. Read the following text and write down Russian equivalents for sentences
given in bold type:
Prison Inmates
Unconvicted Prisoners
Some of the prison population consists of unconvicted prisoners
held in custody and awaiting trial. These prisoners are presumed to be
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innocent and are treated accordingly. They are allowed all reasonable
facilities to seek release on bail, prepare for trial, maintain contact
with relatives and friends, and pursue legitimate business and social
interests. They also have the right to wear their own clothes and can write
and receive unlimited number of letters.
Young Offenders
In Britain, young offenders are held in reformatories, which are
designed for the treatment, training and social rehabilitation of youth.
School-age delinquents are kept in residential training schools, and
young offenders between the ages of 16 and 25 who have been convicted
of a criminal act serve in special facilities. The most famous of these is
the Borstal Institution.
Women Prisoners
Women are usually held in smaller prisons with special
programmes and recreational opportunities offered to reflect
stereotyped female roles, with emphasis on housekeeping, sewing and
typing skills. Women prisoners do not wear prison uniform and there is a
clothing allowance to help pay for clothes while in prison. Some prisons
provide mother and baby units, which enable babies to remain with their
mothers where that is found to be in the best interests of the child. In
addition to the usual visiting arrangement, several prisons allow
extended visits to enable women to spend the whole day with their
children in an informal atmosphere.
Habitual Offenders
Criminals who have frequently been apprehended and convicted,
who have manifested a settled practice in crime, and who are presumed
to be a danger to the society in which they live are referred to as habitual
offenders. Studies of the yearly intake of prisons, reformatories, and jails
in the United States and Europe show that from one-half to two-thirds of
those imprisoned have served previous sentences in the same or in other
institutions. The conclusion is that the criminal population is made up
largely of those for whom criminal behaviour has become habitual;
moreover, penal institutions appear to do little to change their basic
behaviour patterns.
Though the percentage of recidivists runs high for all offenders, it is
greatest among those convicted of such minor charges as vagrancy,
drunkenness, prostitution, and disturbing the peace. These are more likely
than serious criminal charges to result from an entire way of life.
Accordingly, their root causes are rarely susceptible to cure by jailing.
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Life-sentence Prisoners
Since the capital punishment has been abolished in Britain, the severest
penalty for the most atrocious crimes, such as murder, is life imprisonment.
Those serving life sentences for the murder of police and prison officers,
terrorist murders, murder by firearms in the cause of robbery and the sexual
or sadistic murder of children are normally detained for at least twenty
years. Life sentences for offences other than murder can be reduced up to
nine years.
On release, all life-sentence prisoners remain on licence for the
rest of their lives and are subject to recall should their behaviour
suggest that they might again be a danger to the public.
TASK 5. Find in the text above the English equivalents for the following words
and expressions:
1.	исправительное заведение для малолетних правонарушителей
2.	исправление и перевоспитание заключённых
3.	рецидивист (2)
4.	бродяжничество
5.	нарушение общественного порядка
6.	сотрудник исправительного учреждения
7.	отбывать наказание (в тюрьме)
TASK 6. Answer the following questions:
1.	What privileges do unconvicted prisoners have?
2.	What are the purposes of reformatories?
3.	What is the most famous facility for young offenders?
4.	What special programmes are established for women prisoners?
5.	What additional rights do women prisoners have?
6.	What are habitual offenders?
7.	What are the most typical crimes committed by recidivists?
8.	What is the severest penalty for the most atrocious crimes?
9.	What kinds of ‘lifers’ are sentenced to the longest term of
imprisonment?
10.	How is life sentence typically reduced in Britain?
11.	How are ‘lifers’ supervised when released?
TASK 7. The word BAIL has the following meanings in legal Russian:
1)	поручительство
civil bail - поручительство в гражданском процессе
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2)	передача на поруки; брать на поруки; передавать на
поруки
to free on bail — освободить на поруки
3)	поручитель; поручители
to be / to go bail - стать поручителем
4)	залог при передаче на поруки
excessive bail — чрезмерная сумма залога
Match the following English expressions with their Russian equivalents:
1)	to stand bail for smb. 2)	to accept /to allow / to take bail for the prisoner 3)	to forfeit /to jump one’s bail 4)	to find bail 5)	release on bail 6)	straw bail 7)	to surrender to one’s bail 8)	to be out on bail 9)	to deny bail	а)	явиться в суд (о выпущенном под залог) Ь)	быть отпущенным на поруки с)	внести залог / поручиться за кого-либо d)	найти себе поручителя е)	не явиться в суд (об отпущен- ном под залог) f)	ненадёжное / “липовое” поручи- тельство g)	освобождение под залог h)	отказать в поручительстве i)	отпустить арестованного на поруки (под залог)
TASK 8. Read the article below and write down the criminal record of the convict:

A Lifer Keen on Canaries
Robert Franklin is an American criminal, a convicted murderer who
became a self-taught ornithologist during his 54 years in prison, forty-two
of them in solitary confinement. He became known for his contribution
to the study of birds.
At the age of 13 Franklin ran away from home and, by the age of 18,
was in Alaska, working as a pimp and living with a dance-hall girl. An
argument over the girl led to his fighting and killing a man. Pleading guilty
to manslaughter in 1909, he was sentenced to 12 years in a federal prison.
After stabbing a fellow prisoner and proving generally troublesome, he
was transferred to Kansas, where he continued to be a loner but began to
educate himself, taking university extension courses. In 1916 he stabbed
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and killed a guard and was tried, convicted and sentenced to hanging,
but in 1920 President Woodrow Wilson commuted his sentence to life
imprisonment in solitary confinement
Thereafter, mostly in solitary confinement, he began raising canaries
and other birds, collecting laboratory equipment, and studying the diseases
of birds and their breeding and care. Some of his research writings were
smuggled out of prison and published in 1943. Later, however, he was
allowed to continue his research but denied further right of publication.
His research was considered an important work in the field of ornithology.
DISCUSSION
Using the vocabulary and facts from the Unit discuss the following:
•	There are groups of inmates who should have additional
rights.
•	Kids brought up in prison are likely to become criminals.
•	Penal institutions appear to do little to cure a habitual
offender by jailing.
UNIT 3
PRISON LIFE
TASK I. Read the following text and write down Russian equivalents for sentences
given in bold type:
Among the ‘pains of imprisonment’ that both male and female
inmates face are, in the first place, the deprivation of liberty and the
loneliness and boredom of imprisonment. Second, prisoners are deprived
of all goods and services from the outside world. Stripped of possessions,
they often equate their material losses with personal inadequacy. The third
deprivation for the majority is the absence of heterosexual relationships.
Fourth, prisoners are subjected to vast body of institutional regulations
designed to control every aspect of behaviour.
In part this control forms the deprivation of freedom that is the
essence of imprisonment, and in part it is necessary adjunct as a means
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of maintaining security, controlling the introduction of weapons,
contraband substances and preventing escapes.
Most prisons limit the number of visits that a prisoner may receive
from his family or friends. Visits normally take place within the sight of
an officer, and in some cases within his hearing. In many prisons, visits
are conducted with the prisoner sitting on one side of the table and his
visitor on the other, with a wire mesh partition between them; the visitor
may be searched for contraband.
Prisoners may write and receive letters and may make telephone calls.
Correspondence of prisoners is usually subject to censorship by the
prison authorities, and prisoners may not write more than one letter
each week. Privileges include a personal radio, books, periodicals and
newspapers. They also have an
opportunity to watch television
(in many prisons each prisoner
has a TV-set), and to make
purchases from the prison shop
with money earned in prison.
Control of the prison is
maintained by a number of
disciplinary sanctions, which
may include forfeiture of
privileges, confinement within
a punishment block or cell, or
the loss of remission or good
time (time deducted from the
sentence as a reward for good
behaviour). Typically, the prohibited offences include mutiny and violence
to officers; escaping, or being absent from a place where the prisoner is
required to be and possessing unauthorised articles.
TASK 2. Explain the meaning of the following words and expressions and
reproduce the context in which they were used:
•	body of institutional regulations
•	contraband substance
•	forfeiture of privileges
•	personal inadequacy
•	to be stripped of possessions
•	to control the introduction of weapons
•	to possess unauthorised articles
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TASK 3. Find in the text above the English equivalents for the following words
and expressions:
1.	лишение свободы
2.	бунт, мятеж
3.	заключённый
4.	обыск, досмотр
5.	подлежать цензуре
TASK 4. Answer the following questions:
1.	What deprivations do prisoners suffer?
2.	What is the aim of controlling every aspect of prisoner’s life?
3.	What are the institutional regulations for visits that prisoners may
receive?
4.	What rights do prisoners have?
5.	What disciplinary sanctions are imposed to maintain security in
prison?
TASK 5. Read the text and answer the following questions. Write down Russian
equivalents for sentences given in bold type.
1.	What rights do prisoners enjoy in Europe and the United States?
2.	What have you learned about Habeas Corpus and mandamus?
3.	Why are the courts now willing to limit prisoners’ access to the
federal courts in the United States?
Prisoners’ Rights
The idea that a prisoner has rights that may be protected by actions in
the courts has been developed in Europe and the United States. In England,
in the absence of a written constitution, prisoners resorting to the courts
have relied on the general principles of administrative law, which
require fair procedures by disciplinary bodies. Although many actions
brought by prisoners have been unsuccessful, prison disciplinary procedures
have been improved as a result of such litigation.
In the U.S. actions brought
under the provisions of the U.S.
Constitution (notably the Eighth
and the Fourteenth amendments)
establish that prisoners are
entitled to the protection of the
AMENDMENT 8
Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and
unusual punishments inflicted.
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AMENDMENT 14
No State shall make or enforce any law
which shall abridge the privileges or
immunities of citizens of the United
States; nor shall any State deprive any
person of life, liberty, or property,
without due process of law; nor deny
to any person within its jurisdiction the
equal protection of the laws.
4________________________________z
Constitution. Early U.S. court decisions ruled that prisoners had
forfeited all of the rights enjoyed by free citizens. Eventually, the courts
recognised certain rights and legal remedies available to prisoners, who
may now file their own suits, have direct access to the federal courts, and
file writs of Habeas Corpus and mandamus. Under Habeas Corpus the
prisoner may request release,
transfer, or another remedy for
some aspect of confinement.
Mandamus is a command issue
by a court directing a prison
administrator to carry out a
legal responsibility—to provide
a sick prisoner with medical
care, for example—or to restore
‘the prisoner’ rights that have
been illegally denied. Prisoners
have sought remedies for many
problems, including relief from unreasonable searches, release from solitary
confinement, and the procuring of withheld mail. Recent decisions have
indicated, however, that the courts are now willing to limit legal
writs by prisoners in deference to the security requirements of the
prison.
TASK 6. Find in the text above the English equivalents for the following words
and expressions:
1.	судебный процесс, судебное дело
2.	предписание Хабеас Корпус
3.	судебный приказ нижестоящему суду или должностному лицу
4.	тюремное заключение
5.	необоснованный обыск
6.	предъявить иск; возбудить судебное дело (2)
7.	восстанавливать в правах
8.	добиваться судебной защиты
TASK 7. Explain the meaning of the following words and expressions:
•	to resort to the court
•	to forfeit a right
•	release from solitary confinement
•	procuring of withheld mail
•	prison security requirements
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TASK 8. Read the articles below and point out the opposite views on prison
facilities:
Criticism of Jail TV
The UK Government has been accused of
going “soft on crime” for considering a
proposal to allow thousands of prisoners
to have televisions in their cells.
The Home Office has asked the Prison
Service to investigate the issue to try to
defuse tensions in Britain’s overcrowded
jails. Prison Service officials said no
decisions had been made and said it was
weighing up the ‘pros and cons’ of the
scheme.
Home Affairs spokesman, James
Clappison, said: “We think prison
conditions should be decent and austere and
prisons should be a punishment. We think
televisions in cells are not consistent with
that. We think it’s soft on criminals.”
The former Home Secretary, Michael
Howard, said: “Televisions in cells could
provide a calming influence and a powerful
incentive to good conduct. It could also be
used for educational and communication
purposes.”
Deputy director of the Prison Reform Trust,
Nick Flynn, said: “It’s a delicate matter and
it shouldn’t be used for prisoners to sit
around to watch football. But it could be a
useful tool for the Prison Service to give
information to prisoners.”
A Manicure for Jack the Ripper
at the Killers’ Health Club
Some of Britain’s most notorious killers
and rapists are being offered the luxury of
beauty therapy. They can enjoy facials,
manicures and pedicures at Ashworth
maximum security hospital’s new Health
and Beauty Center club. The 650 male and
female patients can also enjoy a sauna,
solarium and massage area at the mental
hospital near Liverpool.
These inmates have avoided prison because
the courts decided they are either mentally
ill or criminally insane.
Hospital authorities said that the facilities
available to inmates “especially benefited
those with low self-esteem or who found it
difficult to relax.”
Among the ‘clients’ of the Club is a
knifeman who attacked 10 people and is
now pleading for access to a fully equipped
gym, and a sadistic rapist undergoing
aromatherapy treatment.
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DISCUSSION
Using the vocabulary and facts from the articles above discuss the
following:
•	Prison conditions should be decent and austere and prisons
should be a punishment.
•	Prison facilities provide a calming influence and a powerful
incentive to good conduct.
TASK 9. Read the text below and write down a list ofproblems that prison inmates
face:
The International Covenant on Civil and Political Rights declares that
“all persons deprived of their liberty shall be treated with humanity and
with respect for the inherent dignity of the human person”. However, in
reality all over the world, hundreds of thousands of people are being held
in prisons that are: squalid, overcrowded, dilapidated, insanitary, inhumane,
unjust, very expensive and ineffective in tackling crime. In many countries,
conditions are so bad that prisoners die from malnutrition, diseases, attacks
from other prisoners or prison staff, or suicide. Under extremely
overcrowded and insanitary conditions, diseases such as tuberculosis and
dysentery spread very rapidly, and without medical treatment they may
easily be fatal.
At the same time there is a small number of people who present such
a danger to the community or to themselves that they need to be detained.
However, for most offences, imprisonment is not an effective penalty. Many
countries which may have very high prison populations have very high
crime rates. This shows that prison is probably not deterring many people
from crime. Whilst in prison, the attitudes of minor offenders may harden
as they mix with those convicted of more serious crimes. This often leads
to minor offenders committing more serious crime after they are released
from prison.
Large amounts of money are spent on locking people up, even when
prison staff are poorly paid, buildings are not maintained and prisoners are
treated inadequately.
In many countries, prison populations have been increasing
substantially over recent years. Most prisoners are young, poor, urban men.
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173
Locking up this section of the general population for substantial periods
has a destabilising effect on the whole society in the longer term.
TASK 10. Find in the text above the English equivalents for the following words
and expressions:
1.	высокий уровень преступности
2.	лицо, совершившее малозначительное правонарушение
3.	эффективная мера наказания
4.	удержать от совершения преступления
5.	посадить, “упрятать” в тюрьму
6.	освободить из тюрьмы
TASK 11. Complete the text using the words from the box:
restraint; release date; recidivism; rehabilitate; preventive
,_________________________________________________________________________>
Criticism of the present prison system of punishment has focused
mainly on its rehabilitative and functions. Critics point out
that— the commission of another crime after the offender
has served a sentence for the first time — is high. Thus the system seems
ineffective as a cure for, or a upon, those factors in offenders
which may lead to criminal acts. Furthermore, because there is no way to
predict the future behaviour of individuals, the length of sentence and the
may have no relationship to the prison time necessary to
effect a cure in, or_______________an offender. Many criminologists insist
that there is no adequate body to demonstrate that any punishment, capital
punishment included, has a restraining effect on potential criminal
behaviour.
CREATIVE WRITING
Write down a list ofmeasures necessary to improve the present prison
system. Consider the information from the texts above.
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DEBATE
Prisons: A Solution to Crime?
Using the vocabulary andfacts from the Unit, discuss the following:
•	Hundreds of thousands of people are imprisoned in inhumane
conditions.
•	Many countries with very high prison populations have very
high crime rates.
•	There are people who present such a danger to the community
that they need to be detained.
•	Prison does not deter many people from crime.
•	Whilst in prison, the attitudes of minor offenders harden as
they mix with those convicted of more serious crimes.
•	All persons deprived of their liberty shall be treated with
humanity and with respect for the inherent dignity of the
human person.
UNIT 4
ALTERNATIVES TO PRISON
TASK 1. Read the following text and write down Russian equivalents for sentences
given in bold type:
Prison Improvements and Alternatives
In most criminal justice systems the majority of offenders are dealt
with by means other than custody — by fines and other financial penalties,
by probation or supervision, or by orders to make reparation in some
practical form to the community.
Fine
The most common penalty, fine, avoids the disadvantages of many
other forms of sentence; it is inexpensive to administer and does not
normally have the side effects, such as social stigma and loss of job that
may follow imprisonment. However, there are dangers that the
imposition of financial penalties may result in more affluent offenders
Базовый курс
175
receiving penalties that they can easily discharge, while less affluent
offenders are placed under burdens that they cannot sustain.
Restitution
Related to the fine is an order to pay restitution (in some countries
termed “compensation”). The principle of restitution is popular in some
countries as an alternative to punitive sentencing, but there are some
drawbacks. One is the possibility, as in the case of the fine, that the more
affluent offender may receive favourable treatment from the court because
he is able to pay restitution. The second drawback is that such schemes do
not help all victims of crime. Only those who are the victims of crimes for
which the offender is caught and convicted and has the funds to pay
restitution are likely to be recompensed. Victims of crimes of violence in
some countries — such as England and Canada — are entitled to
restitution from public funds, whether or not the offender is detected
or has the resources necessary to compensate.
Probation
There are many ways of dealing with offenders that do not involve
the payment of money. One is probation, a system that takes many different
forms in different jurisdictions. However, that essentially involves the
suspension of sentence on the offender subject to the condition that he is
supervised while living in the community by a probation officer and possibly
agrees to comply with such other requirements as the court may think
appropriate. Usually, if the offender complies with the probation order
and commits no further offence while it is in force, no other penalty is
imposed. If he breaks the requirement of the order or commits another
offence, he can be brought back before the court and punished for the
original offence as well as the later one.
Suspended Sentence
In many American states probation is combined with a suspended
sentence, so that the sentence the offender will have to serve if he breaks
the order is fixed in advance. In England the sentence is not fixed in
advance, and the court has complete discretion if there is a breach of
probation terms to sentence the offender for the original crime in light
of his later behaviour.
Reparation
The concept of reparation has gained in popularity in a number of
jurisdictions. Under this method, the offender makes good the damage he
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has done through his crime, not by paying money but by providing services
to the victim directly or indirectly through the community. In England this
takes the form of the community service order, under which the court is
empowered to order anyone who is convicted of an offence that could be
punished with imprisonment to perform up to 240 hours of unpaid work
for the community, usually over a period of not more than 12 months. The
kind of work involved varies according to the area, the time of year, and
the abilities of the offender; in some cases it may involve heavy physical
labour, but in others it may require such work as the provision of help to
handicapped people. If the offender completes the hours of work ordered
by the court, he receives no further penalty, but if he fails to carry out
the work without reasonable excuse, he can be re-sentenced for the
original offence. This method is less expensive to administer than
imprisonment, less damaging to the offender and his family, and more useful
to the community. There are some doubts about the extent to which the
availability of community service as an alternative to prison weakens the
deterrent effect of the criminal law, but there can be no doubt that
community service has become an established sentencing alternative.
Disqualification
Other alternatives to prison are based on the idea of preventing an
offender from committing further offences, without necessarily confining
him in a prison. The most familiar power of this kind is that of disqualifying
an offender from driving a motor vehicle or from holding a driver’s license.
Other forms of disqualification may be imposed on offenders convicted
of particular types of crimes: a fraudulent company director may be
disqualified from being involved in the direction of a company, a
corrupt politician may be disqualified from holding public office, or a
parent who sexually abuses his children may be deprived of parental
authority over them.
It appears, however, that imprisonment will still remain the major
instrument of punishment. In light of the difficulties surrounding its
use, prison ideally should be employed as a last resort for those
offenders who cannot be handled in any other way.
TASK 2. Find in the text above the English equivalents for the following words
and expressions:
1.	быть лишенным водительских прав
2.	насильственное преступление
3.	иметь право на возмещение ущерба
Базовый курс
177
4.	соответствовать требованиям
5.	коррумпированный политик
6.	быть лишенным родительских прав
7.	отсрочка исполнения приговора или наказания
8.	сдерживающий эффект
9.	сотрудник службы пробации
10.	судебный приказ о направлении на пробацию
11.	экономические санкции
12.	условное осуждение
13.	наблюдение, надзор
14.	отсроченный приговор
15.	компенсация, возмещение (3)
16.	общественные работы
TASK 3. Read the text below and comment on the sentence given in bold type.
Tracking Humans: The Electronic Bracelet
in the Modern World
Alternatives to incarceration such as the use
of fines, community service, and restitution
are products of the social movements of the
1960s. The rationalizations of these
alternatives have been cost effectiveness,
efficiency and humaneness. The same
arguments have been associated with the
newest community-based sanction,
“electronic monitoring”. It is clear that such
an alternative may yield these benefits.
The electronic monitoring system generally
requires the offender to wear an electronic
bracelet around his ankle or wrist. The
monitoring is usually of two types: passive
or active. The passive system provides for
random telephone monitoring by
authorities in order to confirm that it is the
specific offender who is present and
responding. In contrast, an active system
provides continuous information as to
whether an individual is within the range,
generally 150 to 200 feet, of a transmitter
located within their residence. This is
commonly referred to as continuous
monitoring.
The overriding rationale in favour of
electronic monitoring appears to centre on
its potential to alleviate both prison
overcrowding and the financial burden of
incarceration.
The effects of imprisonment on an
individual may be great. It is common
knowledge that imprisonment returns a
man to society with a scarred psyche,
unpaid debts and financial losses, a
highly disruptive if not irreparably
broken family, children who lose respect
for their parent, no job, and a gap in his
life history that is hard to explain when
he seeks a new job. In this respect,
electronic monitoring allows the offender
to remain at home where he can continue
to hold employment and maintain any
dependent children. Consequently, society
may benefit as well, since there will be no
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additional burden placed on the welfare
system, as would be the case if an offender
with dependent family members was
imprisoned.
Violent crimes committed by electronically
monitored offenders are rare. About one out
of twenty-five electronically monitored
offenders commit crimes, and the vast
majority of these new offences are non-
violent. Moreover, these figures compare
favourably with other monitoring systems,
including bail and probation.
TASK 4. Answer the following questions:
1.	What is the electronic monitoring system? What is its purpose?
2.	What is the difference between passive and active monitoring?
3.	What are the advantages of electronic monitoring compared to
incarceration? What are its drawbacks?
TASK 5. Study the texts above (Task 1 and Task3) and write down the advantages
and disadvantages of each alternative to imprisonment. Make up your
own list of prison alternatives.
TASK 6. Read the following text and answer the questions:
1.	What approach characterises the Dutch punitive system?
2.	What penalties do the Dutch prefer to impose on their criminals?
3.	What are the prisons in Holland like?
4.	What rights do prisoners enjoy in the Netherlands?
5.	What is the goal of humanitarian treatment of offenders in Holland?
The Netherlands: a Land without Prisons
Soaring crime rates and law-and-order backlash are hardly unique to
the United States, but not all countries have taken the ‘lock-’em-up-and-
throw-away-the-key ’ approach. Many nations, in fact, have largely shelved
the punitive psychology in dealing with criminals — and none more
forthrightly than Holland. The Dutch have adopted an innovative and
remarkably humane system of dealing with law-breakers, with the result
that the Netherlands is close to becoming a land without prisons. And the
policy is apparently paying dividends: crime is certainly climbing much
more slowly there than in all other countries.
The Dutch hold the view that harsh treatment and ‘get-tough’ atti-
tudes only aggravate the problems that lead a person to crime. “A prison
Базовый курс
179
sentence does little to resocialise a person”, says vice-president of the Hague
Court. “It more likely leads to rancour and bitterness. A mild sentence,
possibly even just a fine, shows an offender that society cares about him.”
Because of this benevolent concept fewer and fewer people are serving
time in Holland.
Whenever possible, the Dutch prefer to fine law — breakers rather
than clap them in jail. But even for those imprisoned, every effort is made
to provide an environment that will rehabilitate the convicts. While, as
one official put it, “Dutch prisons are not Hilton Hotels,” neither are they
ugly fortresses full of cellblocks and harassment. Several prisons in Holland
are country villas with only a handful of prisoners. In many institutions
prisoners are allowed to wear their own clothes and keep personal
possessions; they are given comfortably furnished rooms with such homey
items as curtains, and they often are allowed to work outside the prison or
leave from time to time to visit their families.
Moreover, Holland has an extraordinary one-to-one ratio between
prisoner staff members and inmates. “Our objective”, — says the Deputy
Prison Director, — “is not to make life pleasant for prisoners, but to
normalize it as much as possible to prepare the prisoners for a return to
society.”
Dutch officials maintain that their philosophy of short prison sentences
and humanitarian treatment is essential if convicts are not to become
repeaters. “A heavy sentence,” — they say, — “keeps a person out of
possible mischief longer, but it merely postpones and aggravates the
problem of recidivism.”
Given that kind of success, it is not surprising that Holland’s liberal
penal philosophy has won applause.
TASK 7. Explain the meaning of the following words and expressions from the
text above:
•	soaring crime rates
•	law-and-order backlash
•	‘lock-’em-up-and-throw-away-the-key’ approach
•	to shelve the punitive psychology
•	get-tough attitudes
•	to resocialise a person
•	benevolent concept
•	homey items
•	to become repeaters
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TASK 8. Render the following passage into English paying special attention to
the words and expressions in bold type:
Швеция прославилась своим гуманным отношением к людям,
преступившим закон. Особый интерес вызывают качественно но-
вые подходы к решению задач борьбы с преступностью в рамках
исправительных учреждений. В основе альтернативных программ
лежит идея, состоящая в том, что преступление порождено обще-
ством, социальной средой, сформировавшей нарушителя. Преступ-
ники становятся таковыми из-за жизненных невзгод, и только особо
опасных преступников следует заключать в тюрьму — изолиро-
вать от общества. В связи с этим в Швеции, стране с высоким уров-
нем жизни, совершенно иная тенденция борьбы с преступностью:
в большинстве случаев мера наказания за совершенное преступле-
ние — это не заключение под стражу, а взимание штрафов и про-
бация, т.е. надзор за условно осужденными, либо досрочно освобож-
дёнными. Существуют также специальные медицинские учреждения,
которые оказывают психологическую помощь нарушителям зако-
на и построены так называемые ‘промышленные тюрьмы’, где зак-
лючённые работают в цехах и мастерских.
UNIT 5
REHABILITATION
BRAINSTORM
The word REHABILITA TION has the following meanings in legal
Russian:
1) восстановление в правах, реабилитация
rehabilitation of offender — реабилитация (восстановление в
правах) преступника
2) реабилитация личности преступника (приспособление
его к условиям жизни в обществе)
correctional rehabilitation — исправительная реабилитация,
исправление преступника
Comment on the meanings of this concept.
Базовый курс
181
TASK 1. Match the following English expressions with their Russian equivalents:
1)	certificate of rehabilitation 2)	legal rehabilitation 3)	psychiatric rehabilitation 4)	rehabilitation agency 5)	rehabilitation centre 6)	rehabilitation facility 7)	social rehabilitation 8)	vocational rehabilitation	а)	юридическая реабилитация, восстанов- ление в правах b)	психиатрическая реабилитация с)	социальная реабилитация (восстанов- ление личности в смысле приспособле- ния её к условиям жизни в обществе) d)	профессиональная реабилитация е)	орган по вопросам социальной реаби- литации отбывших наказание преступ- ников f)	центр социальной реабилитации (лиц, освободившихся из заключения) g)	справка о реабилитации h)	исправительное заведение
TASK 2. Read the text and translate the words and expressions given in bold type
in writing:
Preparation for Release
The Prison Services in
England, Wales and in Scotland
have a duty to prepare prisoners for
release. Planning for safe release
begins at the start of an offender’s
sentence and ties in with all
training, education and work
experience provided. It is directed
at equipping prisoners to fit back
into society and to cope with life
without re-offending.
Full time education of 15
hours a week is compulsory for
young offenders below school leaving age. For older offenders it is
voluntary. Some prisoners study for public examinations, including those
of the Open University. Physical education is voluntary foradult offenders,
but compulsory for young offenders. Practically all prisons have physical
education facilities. Inmates sometimes compete against teams in local
community.
Prison industries aim to give work and experience which will assist
prisoners when released. At the same time it reduces the cost of the prison
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system. The main industries are: clothing and textile manufacture,
engineering, woodwork, farming, etc.
Pre-release Programmes
Pre-release programmes enable selected long-term prisoners to spend
their last six months before release in certain hostels attached to prisons,
to help themre-adapt to society. Hostellers work in the outside community
and return to the hostel each evening. Weekend leave allows hostellers to
renew ties with their families. All this is designed to help the inmates make
the transition from prison to community. In Northern Ireland prisoners
serving fixed sentences may have short periods of leave near the end of
their sentences and at Christmas. Prisoners are given a nine-month pre-
release programme, which includes employment outside the prison.
Innovative Programmes
Attempts to aid the prisoner’s return to society have led to the
development of several innovative programmes. Furloughs provide home
visits of 48—72 hours for a prisoner nearing his release date; they are
intended to aid in restoring family ties and in job seeking. The work release
programme permits inmates to test their work skills and earn money
outside the institution for the major part of the day.
Aftercare
Professional social work support is given to offenders following their
release to help adjust on their return to society. All young offenders and all
adult offenders sentenced to 12 months imprisonment and over are
supervised on release by the probation service—or, in the case of certain
young offenders—by local authority social services departments. Aftercare
programmes are designed to protect public safety by monitoring inmates
reintegration into the community while making sure they receive needed
treatment and services. Existing aftercare programmes are effective in
reducing juvenile recidivism.
TASK 3. Answer the following questions:
1.	What are the main trends in preparing prisoners for release?
2.	What is the aim of pre-release programmes?
3.	What innovative programmes are established to aid the prisoner’s
return to society?
4.	What are aftercare programmes designed for?
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TASK 4. Read the article below and comment on the statements given in bold
type:
Prisoners Prior to Release
In the past local prisons were used as pre-release centres, and indeed
some of them still retain hostels for that purpose. Being near the court in
which offenders are sentenced, they are also near the community into which
short-term prisoners will be released. Therefore it would seem sensible
that as many of these prisoners as possible should serve their sentences
as near to that community as possible, and that long-term prisoners should
be returned there for the last part of their sentence, so that the community,
including the prisoner’s family, can be included in work done with them
prior to release, as envisaged in Lord Woofs vision of community prisons.
Bearing in mind how many prisoners come from inner-city areas, adjacent
to large local prisons, it is believed that hostels are a development, or a
return to former practice, that could be examined with advantage.
TASK 5. Render the following passage into English paying special attention to
the words and expressions in bold type:
В современном мире широко дискутируется вопрос о правах
заключенных. Причем речь идет не о базовых правах для этой ка-
тегории людей, а о праве на вполне цивилизованную жизнь в усло-
виях заключения. Например, в Великобритании при многих тюрь-
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мах построены гимнастические залы, открыты библиотеки. Осуж-
денные в английских тюрьмах занимаются физическим трудом, обу-
чаются определенным видам ремесел, например, пошиву одежды,
строительству зданий, столярному ремеслу, работе в прачечной, сель-
скохозяйственному труду, садоводству.
Осужденные в Великобритании могут повысить свой образо-
вательный уровень. Так, для несовершеннолетних правонаруши-
телей, еще не окончивших школу, 15 часов занятий в неделю обяза-
тельны. Совершеннолетние преступники могут получать образо-
вание на добровольной основе. Заключенным даже дается возмож-
ность подготовиться к экзаменам в Открытый Университет (заочная
система образования).
Цель этих программ — помочь осужденному найти работу, ког-
да он будет отпущен на свободу. Подобное отношение к человеку,
преступившему закон, очень важно в свете реабилитации личности
преступника (что означает приспособление его к условиям жизни
в обществе среди законопослушных граждан). Одна из причин
существования рецидивизма заключается в том, что, выйдя на сво-
боду, человек сталкивается с враждебным отношением общества.
Приобретение навыков, которые пригодятся человеку, отбывше-
му тюремное заключение, при выходе на свободу снижает вероят-
ность того, что он снова встанет на преступный путь.
TASK 6. Read the ex-convict’s letter. What message does he want to get across?
An Ex-Prisoner’s Testimony
My reason for testifying publicly about areas of my life where the
scars have still not healed is that I would like to help in the search for more
satisfactory and more caring responses to the problems of delinquency.
I come from what is euphemistically known as a working-class
background, in other words from the underclass. I was one of seven children,
and we were so poor that none of us was able to stay on at school beyond
the minimum leaving age. When I was seventeen I was arrested, with some
of my childhood buddies, for a hold-up committed with a dummy weapon.
Prison came as a brutal shock. The appalling physical conditions made
me feel I had stepped back into an age of barbarity. The grim universe
within the prison walls not only seemed out of touch with the outside world
but to be embedded in a punitive mentality bordering on bestiality. I felt
utterly isolated from the prison officers and my fellow inmates. I also felt
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cut off from myself, and this was not the least of the dangers I was up
against. I soon learned what life in the jungle is all about. If you want to
survive you can’t afford to trust another living soul.
You start by withdrawing into a shell. Then, if you don’t crack up,
you get tougher, carefully concealing your slightest weaknesses. You have
to think twice about every move you make. A misplaced word or glance
could lead to all sorts of trouble. The pressure was so intense that whatever
vague feelings of remorse I might have had gave way to a strong sense of
injustice. When you’re always on your guard you suffer physical and
psychological harm that is impossible to measure. After serving four-and-
a-half years of a six-year sentence, I came out broken and bent on revenge.
Reintegration is a term that should be added to the list of empty,
meaningless words. Mysteriously, everyone I contacted with a view to a
job shied away as if they had been tipped off about me. I wondered for a
long time whether life was worth living but loving support from my relatives
helped me get back on my feet.
Whatever some people may think, it’s never too late to start again.
But what a waste! Looking back, I can’t help thinking it could have been
avoided.
TASK 7. Explain the meaning of the following words and expressions:
•	dummy weapon
•	the underclass
•	to be bent on revenge
•	to be on one’s guard
•	to be out of touch with smb./smth.
•	to commit a hold-up
•	to contact smb. with a view to a job
•	to get tough
•	to shy away from smb.
•	to tip off about smb.
TASK 8. Answer the following questions:
1.	What prompted the young man’s slide into a life of crime?
2.	Why did prison come as a brutal shock?
3.	Why did the young man feel cut off from himself in prison?
4.	In your opinion ow did the employers know that the man was an ex-
convict?
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TASK 9. Read the letter and answer the question: would you help the ex-convict
and why?
The Inmate’s Letter
Dear NEEDED Friend,
My name is Leonard Singleton. Very soon I will be released from
prison. I have no family support, no friends, no money, and no home to
return to. At the time of my release, I will be given $25 and a bus ticket and
then released into the streets, homeless and alone. I was previously released
under the same conditions, which resulted in my resorting to crime to
provide housing, clothing, and food for myself.
Just as you are sick and tired of the crime, the criminals and being
victimized, please believe me, SO AM 1.1 am desperately tired of robbing,
stealing and victimizing people. I never wanted to be a criminal. I made a
very serious mistake by getting involved with the wrong crowd, doing the
wrong things. I lost my family, freedom, and integrity. I am ashamed of
myself for disgracing, embarrassing, and hurting my family and innocent
victims.
My pain and shame for the crimes I formerly committed goes beyond
remorse and a plea for forgiveness. I cannot change the past, but I do ask
for forgiveness and an opportunity to live a better life.
I am asking you to help me with a fresh, new start. I need your help
for construction tools and equipment, housing, clothing, food, utilities,
household items, etc. With this help, I can put a roof over my head. I can
focus on and acquire employment, and begin building a decent life. PLEASE
HELP ME. PLEASE. I have no one else to turn to.
If you try to understand my situation and need for your help, please
address a donation, check, or money order, payable to:
Leonard Singleton
Acct. #0535080529,
and mail today to:
Liberty Savings Bank
330 West National Road
Englewood, Ohio 45322-1496
I don’t know what else to write to persuade you to help me. I do pray,
God will touch your heart, to let you know I am sincere and worthy of your
generous support.
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Thank you for reading my message, and thank you for giving me a
second chance.
Sincerely,
Leonard Singleton
TASK 10. Study the letters of two convicts (Task 6 and Task 9). Compare the
conclusions they arrived at on release. How did the community react to
their attempts to fit back into society?
DEBATE
Reintegration: A Real Process or a Meaningless Word?
Prepare your arguments for or against the statements below.
Use the active vocabulary from the Unit.
Divide into two groups - pro and con, and conduct a debate.
Appoint the ‘Chair ’ ofthe debate who will give thefloor to the speakers
of both teams.
•	Society is not ready to accept ex-prisoners. They will always
be objects of suspicion in the community.
•	Society helps prisoners make the transition from prison
to the community.
•	It’s never too late to start again.

READER
PART I
FAMOUS LEGAL DOCUMENTS
THROUGHOUT HISTORY (EXTRACTS)
Hammurabi’s Code of Laws (1758 B.C.)
Here is what the inscription on the sacred pillar says:
.... Hammurabi, the protecting king am I. The great gods have called
me... I am here to reign so that the strong might not injure the weak, in
order to protect the widows and orphans, to bespeak justice in the land, to
settle all disputes, and heal all injuries, set up these my precious words,
written upon my memorial stone, before the image of me, as king of
righteousness.
My words are well considered; there is no wisdom like unto mine.
Let my name be ever repeated; let the oppressed, who has a case at law,
come and stand before this my image as king of righteousness; let him read
the inscription, and understand my precious words: the inscription will
explain his case to him; he will find out what is just, and his heart will be
glad, so that he will say: “Hammurabi is a ruler, who is as a father to his
subjects, who holds the words of Marduk in reverence, who has bestowed
benefits for ever and ever on his subjects, and has established order in the
land.” [...]
2.	If any one brings an accusation against a man, and the accused
goes to the river and leaps into the river, if he sinks in the river his accuser
shall take possession of his house. But if the river proves that the accused
is not guilty, and he escapes unhurt, then he who has brought the accusation
shall be put to death, while he who leaped into the river shall take possession
of the house that had belonged to his accuser. [...]
5.	If a judge trying a case, reaches a decision, and presents his judgment
in writing; if later error shall appear in his decision, and it be through his
own fault, then he shall pay twelve times the fine set by him in the case,
and he shall be publicly removed from the judge’s bench, and never again
shall he sit there to render judgement.
6.	If any one steals the property of a temple or of the court, he shall be
put to death, and also the one who receives the stolen thing from him shall
be put to death. [...]
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16.	If any one receives into his house a runaway male or female slave,
and does not bring it out at the public proclamation, the master of the house
shall be put to death. [...]
21.	If any one breaks a hole into a house (breaks in to steal), he shall
be put to death before that hole and be buried.
22.	If any one is committing a robbery and is caught, then he shall be
put to death. [...]
25.	If fire breaks out in a house, and someone who comes to put it out
casts his eye upon the property of the owner of the house, and takes the
property of the master of the house, he shall be thrown into that self-same
fire. [...]
109.	If conspirators meet in the house of a tavern-keeper, and these
conspirators are not captured and delivered to the court, the tavern-keeper
shall be put to death. [...]
112.	If any one be on a journey and entrusts silver, gold, precious
stones, or any movable property to another, and wishes to recover it from
him; if the latter does not bring all of the property to the appointed place,
but appropriates it to his own use, then shall this man, who did not bring
the property to hand it over, be convicted, and he shall pay fivefold for all
that had been entrusted to him. [...]
117.	If any one fails to meet a claim for debt, and sells himself, his
wife, his son, and daughter for money or gives them away to forced labour,
they shall work for three years in the house of the man who bought them,
or the proprietor, and in the fourth year they shall be set free. [...]
122.	If any one gives another silver, gold, or anything else to keep, he
shall show everything to some witness, draw up a contract, and then hand
it over for safe keeping. [...]
125.	If any one places his property with another for safe keeping, and
there, either through thieves or robbers, his property and the property of
the other man be lost, the owner of the house, through whose neglect the
loss took place, shall compensate the owner for all that was given to him in
charge. But the owner of the house shall try to follow up and recover his
property, and take it away from the thief. [...]
129.	If a man’s wife is surprised with another man, both shall be tied
and thrown into the water, but the husband may pardon his wife. [...]
145.	If a man takes a wife, and she bears him no children, and he
intends to take another wife; if he takes this second wife, and brings her
into the house, this second wife shall not be allowed equality with his wife.
[...]
148.	If a man takes a wife, and she be seized by disease; if he then
desires to take a second wife, he shall not put away his wife, who has been
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attacked by disease, but he shall keep her in the house which he has built
and support her so long as she lives. [...]
165.	If a man gives to one of his sons whom he prefers a field, garden,
and house and if later the father dies, and the brothers divide the estate,
then they shall first give him the present of his father, and he shall accept
it; and the rest of the paternal property shall they divide. [...]
175.	If a State slave or the slave of a freed man marries the daughter
of a free man, and children are bom, the master of the slave shall have no
right to enslave the children of the free. [...]
185.	If a man adopts a child as his son, and rears him, this grown son
cannot be demanded back again. [...]
192.	If a son of a paramour or a prostitute says to his adoptive father
or mother: “You are not my father, or my mother”, his tongue shall be cut
off. [...]
195.	If a son strikes his father, his hands shall be hewn off. [...]
196.	If a man puts out the eye of another man, his eye shall be put out.
197.	If he breaks another man’s bone, his bone shall be broken.
198.	If he puts out the eye of a freed man, or breaks the bone of a
freed man, he shall pay one gold mina.
199.	If he puts out the eye of a man’s slave, or breaks the bone of a
man’s slave, he shall pay one-half of its value.
200.	If a man knocks out the teeth of his equal, his teeth shall be
knocked out. [...]
202.	If any one strikes the body of a man higher in rank than he, he
shall receive sixty blows with an ox-whip in public. [...]
205.	If the slave of a freed man strikes the body of a freed man, his ear
shall be cut off. [...]
229.	If a builder builds a house for someone, and does not construct
it properly; and the house which he built falls in and kills its owner, then
that builder shall be put to death. [...]
282.	If a slave says to his master: “You are not my master”; if they
convict him, his master shall cut off his ear.
The Laws of William the Conqueror (1066—1087)
Here is set down what William, king of the English, established
in consultation with his magnates after the conquest of England:
1. First that above all things he wishes one God to be revered
throughout his whole realm, one faith in Christ to be kept ever inviolate,
and peace and security to be preserved between English and Normans.
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2. We decree also that every freeman shall affirm by oath and compact
that he will be loyal to king William both within and outside England, that
he will preserve with him his lands and honur with all fidelity and defend
him against his enemies.
3.	1 will, moreover, that all the men I have brought with me, or who
have come after me, shall be protected by my peace and shall dwell in
quiet. And if any one of them shall be slain, let the lord of his murderer
seize him within five days, if he can; but if he cannot, let him pay me 46
marks of silver so long as his substance avails [...]
5.	We forbid also that any live cattle shall be bought or sold for money
except within cities, and this shall be done before three faithful witnesses
[...]
6.	It was decreed there that if a Frenchman shall charge an Englishman
with perjury or murder or theft or homicide, the Englishman may defend
himself, as he shall prefer, either by the ordeal of hot iron or by wager of
battle. But if the Englishman be unfirm, let him find another who will take
his place. If one of them shall be vanquished, he shall pay a fine of 40
shillings to the king. If an Englishman shall charge a Frenchman and be
unwilling to prove his accusation either by ordeal or by wager of battle,
the Frenchman shall acquit himself by a valid oath.
7.	All shall have and hold the law of the king Edward in respect of
their lands and all their possessions, with the addition of those decrees I
have ordained for the welfare of the English people. [...]
9.	I prohibit the sale of any man by another outside the country on
pain of a fine to be paid in full to me.
10.1 also forbid that anyone shall be slain or hanged for any fault, but
let his eyes be put out and let him be castrated. And this command shall not
be violated under pain of a fine in full to me.
The Magna Charta (1215)
John, by the grace of God King of England, Lord of Ireland, Duke
of Normandy and Aquitaine, and Count of Anjou, to his archbishops,
bishops, abbots, earls, barons, justices, foresters, sheriffs, stewards,
servants, and to all his officials and loyal subjects, Greeting.
KNOW THAT BEFORE GOD, for the health of our soul and those of our
ancestors and heirs, to the honour of God, the exaltation of the holy Church,
and the better ordering of our kingdom, at the advice of our reverend fathers
Stephen, archbishop of Canterbury, primate of all England, and cardinal
of the holy Roman Church, Henry archbishop of Dublin, William bishop
of London, [...] and other loyal subjects:
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(1)	FIRST, THAT WE HAVE GRANTED TO GOD, and by this
present charter have confirmed for us and our heirs in perpetuity, that the
English Church shall be free, and shall have its rights undiminished, and
its liberties unimpaired. That we wish this so to be observed, appears from
the fact that of our own free will, before the outbreak of the present dispute
between us and our barons, we granted and confirmed by charter the freedom
of the Church’s elections — a right reckoned to be of the greatest necessity
and importance to it — and caused this to be confirmed by Pope
Innocent III. This freedom we shall observe ourselves, and desire to be
observed in good faith by our heirs in perpetuity.
TO ALL FREE MEN OF OUR KINGDOM we have also granted,
for us and our heirs forever, all the liberties written out below, to have and
to keep for them and their heirs, of us and our heirs:
(2)	If any earl, baron, or other person that holds lands directly of the
Crown, for military service, shall die, and at his death his heir shall be of
full age and owe a ‘relief, the heir shall have his inheritance on payment
of the ancient scale of ‘relief. [...]
(3)	But if the heir of such a person is under age and a ward, when he
comes of age he shall have his inheritance without ‘relief or fine.
(4)	The guardian of the land of an heir who is under age shall take
from it only reasonable revenues, customary dues, and feudal services. He
shall do this without destruction or damage to men or property. If we have
given the guardianship of the land to a sheriff, or to any person answerable
to us for the revenues, and he commits destruction or damage, we will
exact compensation from him, and the land shall be entrusted to two worthy
and prudent men of the same ‘fee’, who shall be answerable to us for the
revenues, or to the person to whom we have assigned them. If we have
given or sold to anyone the guardianship of such land, and he causes
destruction or damage, he shall lose the guardianship of it, and it shall be
handed over to two worthy and prudent men of the same ‘fee’, who shall
be similarly answerable to us. [...]
(7)	At her husband’s death, a widow may have her marriage portion
and inheritance at once and without trouble. She shall pay nothing for her
dower, marriage portion, or any inheritance that she and her husband held
jointly on the day of his death. She may remain in her husband’s house for
forty days after his death, and within this period her dower shall be assigned
to her.
(8)	No widow shall be compelled to marry, so long as she wishes to
remain without a husband. But she must give security that she will not
marry without royal consent, if she holds her lands of the Crown, or without
the consent of whatever other lord she may hold them of.
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(9)	Neither we nor our officials will seize any land or rent in payment
of a debt, so long as the debtor has movable goods sufficient to discharge
the debt. A debtor’s sureties shall not be distrained upon so long as the
debtor himself can discharge his debt. If, for lack of means, the debtor is
unable to discharge his debt, his sureties shall be answerable for it. If they
so desire, they may have the debtor’s lands and rents until they have received
satisfaction for the debt that they paid for him, unless the debtor can show
that he has settled his obligations to them. [...]
(12)	No ‘scutage’ or ‘aid’ may be levied in our kingdom without its
general consent, unless it is for the ransom of our person, to make our
eldest son a knight, and (once) to marry our eldest daughter. For these
purposes only a reasonable ‘aid’ may be levied. ‘Aids’ from the city of
London are to be treated similarly.
(13)	The city of London shall enjoy all its ancient liberties and free
customs, both by land and by water. We also will and grant that all other
cities, boroughs, towns, and ports shall enjoy all their liberties and free
customs.
(14)	To obtain the general consent of the realm for the assessment of
an ‘aid’ — except in the three cases specified above — or a ‘scutage’, we
will cause the archbishops, bishops, abbots, earls, and greater barons to be
summoned individually by letter. To those who hold lands directly of us
we will cause a general summons to be issued, through the sheriffs and
other officials, to come together on a fixed day (of which at least forty
days notice shall be given) and at a fixed place. In all letters of summons,
the cause of the summons will be stated. When a summons has been issued,
the business appointed for the day shall go forward in accordance with the
resolution of those present, even if not all those who were summoned have
appeared. [...]
(17)	Ordinary lawsuits shall not follow the royal court around, but
shall be held in a fixed place.
(18)	Inquests of novel disseisin, mort d’ancestor, and darrein
presentment shall be taken only in their proper county court. We ourselves,
or in our absence abroad our chief justice, will send two justices to each
county four times a year, and these justices, with four knights of the county
elected by the county itself, shall hold the assizes in the county court, on
the day and in the place where the court meets.
(19)	If any assizes cannot be taken on the day of the county court, as
many knights and freeholders shall afterwards remain behind, of those who
have attended the court, as will suffice for the administration of justice,
having regard to the volume of business to be done.
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(20)	For a trivial offence, a free man shall be fined only in proportion
to the degree of his offence, and for a serious offence correspondingly, but
not so heavily as to deprive him of his livelihood. In the same way, a
merchant shall be spared his merchandise, and a husbandman the
implements of his husbandry, if they fall upon the mercy of a royal court.
None of these fines shall be imposed except by the assessment on oath of
reputable men of the neighbourhood.
(21)	Earls and barons shall be fined only by their equals, and in
proportion to the gravity of their offence. [...]
(23)	No town or person shall be forced to build bridges over rivers
except those with an ancient obligation to do so.
(24)	No sheriff, constable, coroner, or other royal officials are to hold
lawsuits that should be held by the royal justices. [...]
(28)	No constable or other royal official shall take com or other
movable goods from any man without immediate payment, unless the seller
voluntarily offers postponement of this.
(29)	No constable may compel a knight to pay money for castle-guard
if the knight is willing to undertake the guard in person, or with reasonable
excuse to supply some other fit man to do it. A knight taken or sent on
military service shall be excused from castle-guard for the period of this
service. [...]
(31)	Neither we nor any royal official will take wood for our castle,
or for any other purpose, without the consent of the owner.
(32)	We will not keep the lands of people convicted of felony in our
hand for longer than a year and a day, after which they shall be returned to
the lords of the ‘fees’ concerned. [...]
(35)	There shall be standard measures of wine, ale, and com (the
London quarter), throughout the kingdom. [...]
(38)	In future no official shall place a man on trial upon his own
unsupported statement, without producing credible witnesses to the truth
of it.
(39)	No free man shall be seized or imprisoned, or stripped of his
rights or possessions, or outlawed or exiled, or deprived of his standing in
any other way, nor will we proceed with force against him, or send others
to do so, except by the lawfill judgement of his equals or by the law of the
land.
(40)	To no one will we sell, to no one deny or delay right or justice.
(41)	All merchants may enter or leave England unharmed and without
fear, and may stay or travel within it, by land or water, for purposes of
trade, free from all illegal exactions, in accordance with ancient and lawful
customs. This, however, does not apply in time of war to merchants from
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a country that is at war with us. Any such merchants found in our country
at the outbreak of war shall be detained without injury to their persons or
property, until we or our chief justice have discovered how our own
merchants are being treated in the country at war with us. If our own
merchants are safe they shall be safe too.
(42)	In future it shall be lawful for any man to leave and return to our
kingdom unharmed and without fear, by land or water, preserving his
allegiance to us, except in time of war, for some short period, for the
common benefit of the realm. People that have been imprisoned or outlawed
in accordance with the law of the land, people from a country that is at war
with us, and merchants — who shall be dealt with as stated above - are
excepted from this provision. [...]
(45)	We will appoint as justices, constables, sheriffs, or other officials,
only men that know the law of the realm and are minded to keep it well.
[...]
(52)	To any man whom we have deprived or dispossessed of lands,
castles, liberties, or rights, without the lawful judgement of his equals, we
will at once restore these. In cases of dispute the matter shall be resolved
by the judgement of the twenty-five barons referred to below in the clause
for securing the peace. In cases, however, where a man was deprived or
dispossessed of something without the lawful judgement of his equals by
our father King Henry or our brother King Richard, and it remains in our
hands or is held by others under our warranty, we shall have respite for the
period commonly allowed to Crusaders, unless a lawsuit had been begun,
or an enquiry had been made at our order, before we took the Cross as a
Crusader. On our return from the Crusade, or if we abandon it, we will at
once render justice in full. [...]
(54)	No one shall be arrested or imprisoned on the appeal of a woman
for the death of any person except her husband. [...]
(56)	If we have deprived or dispossessed any Welshmen of lands,
liberties, or anything else in England or in Wales, without the lawful
judgement of their equals, these are at once to be returned to them. [...]
(57)	In cases where a Welshman was deprived or dispossessed of
anything, without the lawful judgement of his equals, by our father King
Henry or our brother King Richard, and it remains in our hands or is held
by others under our warranty, we shall have respite for the period commonly
allowed to Crusaders, unless a lawsuit had been begun, or an enquiry had
been made at our order, before we took the Cross as a Crusader. But on our
return from the Crusade, or if we abandon it, we will at once do full justice
according to the laws of Wales and the said regions. [...]
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(6	0) All these customs and liberties that we have granted shall be
observed in our kingdom in so far as concerns our own relations with our
subjects. Let all men of our kingdom, whether clergy or laymen, observe
them similarly in their relations with their own men.
(61	) SINCE WE HAVE GRANTED ALL THESE THINGS for God,
for the better ordering of our kingdom, and to allay the discord that has
arisen between us and our barons, and since we desire that they shall be
enjoyed in their entirety, with lasting strength, forever, we give and grant
to the barons the following security:
The barons shall elect twenty-five of their number to keep, and cause
to be observed with all their might, the peace and liberties granted and
confirmed to them by this charter.
If we, our chief justice, our officials, or any of our servants offend in
any respect against any man, or transgress any of the articles of the peace
or of this security, and the offence is made known to four of the said twenty-
five barons, they shall come to us — or in our absence from the kingdom
to the chief justice — to declare it and claim immediate redress. If we, or
in our absence abroad the chief justice, make no redress within forty days,
reckoning from the day on which the offence was declared to us or to him,
the four barons shall refer the matter to the rest of the twenty-five barons,
who may distrain upon and assail us in every way possible, with the support
of the whole community of the land, by seizing our castles, lands,
possessions, or anything else saving only our own person and those of the
queen and our children, until they have secured such redress as they have
determined upon. Having secured the redress, they may then resume their
normal obedience to us.
[...	] If one of the twenty-five barons dies or leaves the country, or is
prevented in any other way from discharging his duties, the rest of them
shall choose another baron in his place, at their discretion, who shall be
duly sworn in as they were.
In the event of disagreement among the twenty-five barons on any
matter referred to them for decision, the verdict of the majority present
shall have the same validity as a unanimous verdict of the whole twenty-
five, whether these were all present or some of those summoned were
unwilling or unable to appear.
The twenty-five barons shall swear to obey all the above articles
faithfully, and shall cause them to be obeyed by others to the best of their
power.
[..	.] (62) We have remitted and pardoned fully to all men any ill-will,
hurt, or grudges that have arisen between us and our subjects, whether
clergy or laymen, since the beginning of the dispute. We have in addition
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remitted fully, and for our own part have also pardoned, to all clergy and
laymen any offences committed as a result of the said dispute between
Easter in the sixteenth year of our reign (i.e. 1215) and the restoration of
peace.
[.	..] (63) IT IS ACCORDINGLY OUR WISH AND COMMAND
that the English Church shall be free, and that men in our kingdom shall
have and keep all these liberties, rights, and concessions, well and peaceably
in their fullness and entirety for them and their heirs, of us and our heirs,
in all things and all places forever.
Both we and the barons have sworn that all this shall be observed in
good faith and without deceit. Witness the above mentioned people and
many others.
Given by our hand in the meadow that is called Runnymede, between
Windsor and Staines, on the fifteenth day of June in the seventeenth year
of our reign (i.e. 1215: the new regnal year began on 28 May).
The Petition of Right (1628)
To the King’s most excellent majesty
HUMBLY shew unto our sovereign lord the King, the lords spiritual
and temporal, and commons in parliament assembled, That whereas it is
declared and enacted by a statute made in the time of the reign of King
Edward the First commonly called Statutum de tailagio non concedendo,
That no tallage or aid shall be laid or levied by the King or his heirs in this
realm, without the good will and assent of the archbishops, bishops, earls,
barons, knights, burgesses, and other freemen of the commonalty of this
realm; (2) and by authority of parliament holden in the five and twentieth
year of the reign of King Edward the Third, it is declared and enacted,
That from thenceforth no person should be compelled to make any loans
to the King against his will, because such loans were against reason and
the franchise of the land; (3) and by other laws of this realm it is provided,
That none should be charged by any charge or imposition called a
benevolence, nor by such like charge; (4) by which the statutes before
mentioned, and other the good laws and statutes of this realm, your subjects
have inherited this freedom, That they should not be compelled to contribute
to any tax, tallage, aid or other like charge not set by common consent in
parliament.
II.	Yet nevertheless, of late divers commissions directed to sundry
commissioners in several counties, with instructions, have issued; by means
whereof your people have been in divers places assembled, and required
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to lend certain sums of money unto your Majesty, and many of them, upon
their refusal so to do, have had an oath administered unto them not
warrantable by the laws or statutes of this realm, and have been constrained
to become bound to make appearance and give attendance before your
privy council and in other places, and others of them have been therefore
imprisoned, confined, and sundry other ways molested and disquieted; (2)
and divers other charges have been laid and levied upon your people in
several counties by lord lieutenants, deputy lieutenants, commissioners
for musters, justices of peace and others, by command or direction from
your Majesty, or your privy council, against the laws and free customs of
the realm.
III.	And where also by the statute called The Great Charter of the
liberties of England, it is declared and enacted, That no freeman may be
taken or imprisoned, or be diseased of his freehold or liberties, or his free
customs, or be outlawed or exiled, or in manner destroyed, but by the lawful
judgment of his peers, or by the law of the land.
IV.	And in the eight and twentieth year of the reign of King Edward
the Third, it was declared and enacted by authority of parliament, That no
man of what estate or condition that he be, should be put out of his land or
tenements, nor taken, nor imprisoned, nor disherited, nor put to death
without being brought to answer by due process of law.
V.	Nevertheless against the tenor of the said statutes, and other the
good laws and statutes of your realm to that end provided, divers of your
subjects have of late been imprisoned without any cause shewed; (2) and
when for their deliverance they were brought before your justices by your
Majesty’s writs of Habeas Corpus, there to undergo and receive as the
court should order, and their keepers commanded to certify the causes of
their detainer, no cause was certified, but that they were detained by your
Majesty’s special command, signified by the lords of your privy council,
and yet were returned back to several prisons, without being charged with
any thing to which they might make answer according to the law.
VI	. And whereas of late great companies of soldiers and mariners
have been dispersed into divers counties of the realm, and the inhabitants
against their wills have been compelled to receive them into their houses,
and there to suffer them to sojourn, against the laws and customs of this
realm, and to the great grievance and vexation of the people.
VII	. And whereas also by authority of parliament, in the five and
twentieth year of the reign of King Edward the Third, it is declared and
enacted, That no man should be forejudged of life or limb against the form
of the great charter and the law of the land; (2) and by the said great charter
and other the laws and statutes of this your realm, no man ought to be
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adjudged to death but by the laws established in this your realm, either by
the customs of the same realm, or by acts of parliament; (3) and whereas
no offender of what kind soever is exempted from the proceedings to be
used, and punishments to be inflicted by the laws and statutes of this your
realm: nevertheless of late time divers commissions under your Majesty’s
great seal have issued forth, by which certain persons have been assigned
and appointed commissioners with power and authority to proceed within
the land, according to the justice of martial law, against such soldiers or
mariners, or other dissolute persons joining with them, as should commit
any murder, robbery, felony, mutiny or other outrage or misdemeanor
whatsoever, and by such summary course and order as is agreeable to martial
law, and as is used in armies in time of war, to proceed to the trial and
condemnation of such offenders, and them to cause to be executed and put
to death according to the law martial.
VIII	. By pretext whereof some of your Majesty’s subjects have been
by some of the said commissioners put to death, when and where, if by the
laws and statutes of the land they had deserved death, by the same laws
and statutes also they might, and by no other ought to have been judged
and executed.
IX.	And also sundry grievous offenders, by colour thereof claiming
an exemption, have escaped the punishments due to them by the laws and
statutes of this your realm, by reason that divers of your officers and
ministers of justice have unjustly refused or forbom to proceed against
such offenders according to the same laws and statutes, upon pretence that
the said offenders were punishable only by martial law, and by authority
of such commissions as aforesaid; (2) which commissions, and all other of
like nature, are wholly and directly contrary to the said laws and statutes of
this your realm.
X.	They do therefore humbly pray your most excellent Majesty, that
no man hereafter be compelled to make or yield any gift, loan, benevolence,
tax, or such-like charge, without common consent by act of parliament; (2)
and that none be called to make answer, or take such oath, or to give
attendance, or be confined, or otherwise molested or disquieted concerning
the same, or for refusal thereof; (3) and that no freeman, in any such manner
as is before-mentioned, be imprisoned or detained; (4) and that your Majesty
would be pleased to remove the said soldiers and mariners, and that your
people may not be so burdened in time to come; (5) and that the aforesaid
commissions, for proceeding by martial law, may be revoked and annulled;
and that hereafter no commissions of like nature may issue forth to any
person or persons whatsoever to be executed as aforesaid, lest by colour of
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them any of your Majesty’s subjects be destroyed, or put to death contrary
to the laws and franchise of the land.
XI.	All which they most humbly pray of your most excellent Majesty
as their rights and liberties, according to the laws and statutes of this realm;
and that your Majesty would also vouchsafe to declare, that the awards,
doings and proceedings, to the prejudice of your people in any of the
premises, shall not be drawn hereafter into consequence or example; (2)
and that your Majesty would be also graciously pleased, for the further
comfort and safety of your people, to declare your royal will and pleasure,
That in the things aforesaid all your officers and ministers shall serve you
according to the laws and statutes of this realm, as they tender the honour
of your Majesty, and the prosperity of this kingdom. Qua quidem petitione
lecta & plenius intellecta per dictum dominum regem taliterest responsum
in pleno parliamento, viz. Soil droit fait come est desire.
The English Bill of Rights (1689)
An Act Declaring the Rights and Liberties of the Subjects
and Settling the Succession of the Crown
Whereas the Lords Spiritual and Temporal and Commons assembled
at Westminster, lawfully, fully and freely representing all the estates of
the people of this realm, did upon the thirteenth day of February in the year
of our Lord one thousand six hundred eighty-nine present unto their
Majesties, then called and known by the names and style of William and
Mary, prince and princess of Orange, being present in their proper persons,
a certain declaration in writing made by the said Lords and Commons in
the words following:
Whereas the late King James the Second, by the assistance of diverse
evil counsellors, judges and ministers employed by him, did endeavour to
subvert and extirpate the Protestant religion and the laws and liberties of
this kingdom;
By assuming and exercising a power of dispensing with and
suspending of laws and the execution of laws without consent of Parliament;
By levying money for and to the use of the Crown by pretence of
prerogative for other time and in other manner than the same was granted
by Parliament;
By raising and keeping a standing army within this kingdom in time
of peace without consent of Parliament, and quartering soldiers contrary
to law;
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By causing several good subjects being Protestants to be disarmed at
the same time when papists were both armed and employed contrary to
law;
By violating the freedom of election of members to serve in
Parliament;
And whereas of late years partial corrupt and unqualified persons
have been returned and served on juries in trials, and particularly diverse
jurors in trials for high treason which were not freeholders;
And excessive bail hath been required of persons committed in
criminal cases to elude the benefit of the laws made for the liberty of the
subjects;
And excessive fines have been imposed;
And illegal and cruel punishments inflicted;
All which are utterly and directly contrary to the known laws and
statutes and freedom of this realm;
And whereas the said late King James the Second having abdicated
the government and the throne being thereby vacant, his Highness the prince
of Orange (whom it hath pleased Almighty God to make the glorious
instrument of delivering this kingdom from popery and arbitrary power)
did (by the advice of the Lords Spiritual and Temporal and divers principal
persons of the Commons) cause letters to be written to the Lords Spiritual
and Temporal being Protestants, and other letters to the several counties,
cities, universities, boroughs and cinque ports, for the choosing of such
persons to represent them as were of right to be sent to Parliament, to meet
and sit at Westminster upon the two and twentieth day of January in this
year one thousand six hundred eighty and eight (old style date), in order to
such an establishment as that their religion, laws and liberties might not
again be in danger of being subverted, upon which letters elections having
been accordingly made [...]
And thereupon the said Lords Spiritual and Temporal and Commons,
pursuant to their respective letters and elections, being now assembled in
a full and free representative of this nation, taking into their most serious
consideration the best means for attaining the ends aforesaid, do in the
first place (as their ancestors in like case have usually done) for the
vindicating and asserting their ancient rights and liberties declare:
That the pretended power of suspending the laws or the execution of
laws by regal authority without consent of Parliament is illegal;
That levying money for or to the use of the Crown by pretence of
prerogative, without grant of Parliament, for longer time, or in other manner
than the same is or shall be granted, is illegal;
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That it is the right of the subjects to petition the king, and all
commitments and prosecutions for such petitioning are illegal;
That the raising or keeping a standing army within the kingdom in
time of peace, unless it be with consent of Parliament, is against law;
That the subjects which are Protestants may have arms for their
defence suitable to their conditions and as allowed by law;
That election of members of Parliament ought to be free;
That the freedom of speech and debates or proceedings in Parliament
ought not to be impeached or questioned in any court or place out of
Parliament;
That excessive bail ought not to be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted;
And that for redress of all grievances, and for the amending,
strengthening and preserving of the laws, Parliaments ought to be held
frequently.
And they do claim, demand and insist upon all and singular premises
as their undoubted rights and liberties, and that no declarations, judgments,
doings or proceedings to the prejudice of the people in any of the said
premises ought in any wise to be drawn hereafter into consequence or
example; to which demand of their rights they are particularly encouraged
by the declaration of his Highness the prince of Orange as being the only
means for obtaining a full redress and remedy therein. Having therefore an
entire confidence that his said Highness the prince of Orange will perfect
the deliverance so far advanced by him, and will still preserve them from
the violation of their rights which they have here asserted, and from all
other attempts upon their religion, rights and liberties, the said Lords
Spiritual and Temporal and Commons assembled at Westminster do resolve
that William and Mary, prince and princess of Orange, be and be declared
king and queen of England, France and Ireland and the dominions thereunto
belonging, to hold the crown and royal dignity of the said kingdoms and
dominions to them, the said prince and princess, during their lives and the
life of the survivor to them, and that the sole and full exercise of the regal
power be only in and executed by the said prince of Orange in the names
of the said prince and princess during their joint lives, and after their
deceases the said crown and royal dignity of the same kingdoms and
dominions to be to the heirs of the body of the said princess, and for default
of such issue to the Princess Anne of Denmark and the heirs of her body,
and for default of such issue to the heirs of the body of the said prince of
Orange. And the Lords Spiritual and Temporal and Commons do pray the
said prince and princess to accept the same accordingly.
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Upon which their said Majesties did accept the crown and royal dignity
of the kingdoms of England, France and Ireland, and the dominions
thereunto belonging, according to the resolution and desire of the said Lords
and Commons contained in the said declaration.
And thereupon their Majesties were pleased that the said Lords
Spiritual and Temporal and Commons, being the two Houses of Parliament,
should continue to sit, and with their Majesties’ royal concurrence make
effectual provision for the settlement of the religion, laws and liberties of
this kingdom, so that the same for the future might not be in danger again
of being subverted, to which the said Lords Spiritual and Temporal and
Commons did agree, and proceed to act accordingly.
And the said Lords Spiritual and Temporal and Commons, seriously
considering how it hath pleased Almighty God in his marvellous providence
and merciful goodness to this nation to provide and preserve their said
Majesties’ royal persons most happily to reign over us upon the throne of
their ancestors, for which they render unto him from the bottom of their
hearts their humblest thanks and praises, do truly, firmly, assuredly and in
the sincerity of their hearts think, and do hereby recognize, acknowledge
and declare, that King James the Second having abdicated the government,
and their Majesties having accepted the crown and royal dignity as
aforesaid, their said Majesties did become, were, are and of right ought to
be by the laws of this realm our sovereign liege lord and lady, king and
queen of England, France and Ireland and the dominions thereunto
belonging, in and to whose princely persons the royal state, crown and
dignity of the said realms with all honours, styles, titles, regalities,
prerogatives, powers, jurisdictions and authorities to the same belonging
and appertaining are most fully, rightfully and entirely invested and
incorporated, united and annexed.
And for preventing all questions and divisions in this realm by reason
of any pretended titles to the crown, and for preserving a certainty in the
succession thereof, in and upon which the unity, peace, tranquility and
safety of this nation doth under God wholly consist and depend, the said
Lords Spiritual and Temporal and Commons do beseech their Majesties
that it may be enacted, established and declared, that the crown and regal
government of the said kingdoms and dominions, with all and singular the
premises thereunto belonging and appertaining, shall be and continue to
their said Majesties and the survivor of them during their lives and the life
of the survivor of them, and that the entire, perfect and full exercise of the
regal power and government be only in and executed by his Majesty in the
names of both their Majesties during their joint lives; and after their deceases
the said crown and premises shall be and remain to the heirs of the body of
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her Majesty, and for default of such issue to her Royal Highness the Princess
Anne of Denmark and the heirs of the body of his said Majesty; and
thereunto the said Lords Spiritual and Temporal and Commons do in the
name of all the people aforesaid most humbly and faithfully submit
themselves, their heirs and posterities forever, and do faithfully promise
that they will stand to, maintain and defend their said Majesties, and also
the limitation and succession of the crown herein specified and contained,
to the utmost of their powers with their lives and estates against all persons
whatsoever that shall attempt anything to the contrary.
And whereas it hath been found by experience that it is inconsistent
with the safety and welfare of this Protestant kingdom to be governed by a
popish prince, or by any king or queen marrying a papist, the said Lords
Spiritual and Temporal and Commons do further pray that it may be enacted,
that all and every person and persons that is, are or shall be reconciled to
or shall hold communion with the See or Church of Rome, or shall profess
the popish religion, or shall marry a papist, shall be excluded and be forever
incapable to inherit, possess or enjoy the crown and government of this
realm and Ireland and the dominions thereunto belonging or any part of
the same, or to have, use or exercise any regal power, authority or
jurisdiction within the same; and in all and every such case or cases the
people of these realms shall be and are hereby absolved of their allegiance;
and the said crown and government shall from time to time descend to and
be enjoyed by such person or persons being Protestants as should have
inherited and enjoyed the same in case the said person or persons so
reconciled, holding communion or professing or marrying as aforesaid were
naturally dead.
And that every king and queen of this realm who at any time hereafter
shall come to and succeed in the imperial crown of this kingdom shall on
the first day of the meeting of the first Parliament next after his or her
coming to the crown, sitting in his or her throne in the House of Peers in
the presence of the Lords and Commons therein assembled, or at his or her
coronation before such person or persons who shall administer the
coronation oath to him or her at the time of his or her taking the said oath
(which shall first happen), make, subscribe and audibly repeat the
declaration mentioned in the statute made in the thirtieth year of the reign
of King Charles the Second entitled: “An Act for the more effectual
preserving the king’s person and government by disabling papists from
sitting in either House of Parliament”.
But if it shall happen that such king or queen upon his or her succession
to the crown of this realm shall be under the age of twelve years, then
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every such king or queen shall make, subscribe and audibly repeat the same
declaration at his or her coronation or the first day of the meeting of the
first Parliament as aforesaid which shall first happen after such king or
queen shall have attained the said age of twelve years. All which their
Majesties are contented and pleased shall be declared, enacted and
established by authority of this present Parliament, and shall stand, remain
and be the law of this realm forever; and the same are by their said Majesties,
by and with the advice and consent of the Lords Spiritual and Temporal
and Commons in Parliament assembled and by the authority of the same,
declared, enacted and established accordingly.
II. And be it further declared and enacted by the authority aforesaid,
that from and after this present session of Parliament no dispensation by
non obstante of or to any statute or any part thereof shall be allowed, but
that the same shall be held void and of no effect, except a dispensation be
allowed of in such statute, and except in such cases as shall be specially
provided for by one or more bill or bills to be passed during this present
session of Parliament.
III. Provided that no charter or grant or pardon granted before the
three and twentieth day of October in the year of our Lord one thousand
six hundred eighty-nine shall be any ways impeached or invalidated by
this Act, but that the same shall be and remain of the same force and effect
in law and no other than as if this Act had never been made.
The U.S. Declaration of Independence (1776)
The Unanimous Declaration
of the Thirteen United States of America
When in the Course of human events, it becomes necessary for one
people to dissolve the political bands which have connected them with
another, and to assume among the powers of the earth, the separate and
equal station to which the Laws of Nature and of Nature’s God entitle
them, a decent respect to the opinions of mankind requires that they should
declare the causes which impel them to the separation. — We hold these
truths to be self-evident, that all men are created equal, that they are endowed
by their Creator with certain unalienable Rights, that among these are Life,
Liberty and the pursuit of Happiness. — That to secure these rights,
Governments are instituted among Men, deriving their just powers from
the consent of the governed, — That whenever any Form of Government
becomes destructive of these ends, it is the Right of the People to alter or
to abolish it, and to institute new Government, laying its foundation on
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such principles and organizing its powers in such form, as to them shall
seem most likely to effect their Safety and Happiness.
Prudence, indeed, will dictate that Governments long established
should not be changed for light and transient causes; and accordingly all
experience hath shown, that mankind are more disposed to suffer, while
evils are sufferable, than to right themselves by abolishing the forms to
which they are accustomed. But when a long train of abuses and usurpations,
pursuing invariably the same Object evinces a design to reduce them under
absolute Despotism, it is their right, it is their duty, to throw off such
Government, and to provide new Guards for their future security. —Such
has been the patient sufferance of these Colonies; and such is now the
necessity which constrains them to alter their former Systems of
Government. The history of the present King of Great Britain is a history
of repeated injuries and usurpations, all having in direct object the
establishment of an absolute Tyranny over these States.
To prove this, let Facts be submitted to a candid world. — He has
refused his Assent to Laws, the most wholesome and necessary for the
public good. — He has forbidden his Governors to pass Laws of immediate
and pressing importance, unless suspended in their operation till his Assent
should be obtained; and when so suspended, he has utterly neglected to
attend to them. — He has refused to pass other Laws for the accommodation
of large districts of people, unless those people would relinquish the right
of Representation in the Legislature, a right inestimable to them and
formidable to tyrants only. — He has called together legislative bodies at
places unusual, uncomfortable, and distant from the depository of their
public Records, for the sole purpose of fatiguing them into compliance
with his measures. — He has dissolved Representative Houses repeatedly,
for opposing with manly firmness his invasions on the rights of the people.
—He has refused for a long time, after such dissolutions, to cause others to
be elected; whereby the Legislative powers, incapable of Annihilation,
have returned to the People at large for their exercise; the State remaining
in the mean time exposed to all the dangers of invasion from without, and
convulsions within. — He has endeavoured to prevent the population of
these States; for that purpose obstructing the Laws for Naturalization of
Foreigners; refusing to pass others to encourage their migration hither,
and raising the conditions of new Appropriations of Lands. —
He has obstructed the Administration of Justice, by refusing his Assent
to Laws for establishing Judiciary powers. — He has made judges
dependent on his Will alone, for the tenure of their offices, and the amount
and payment of their salaries. — He has erected a multitude of New Offices,
and sent hither swarms of Officers to harrass our people, and eat out their
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substance.—Не has kept among us, in times of peace, Standing Armies,
without the Consent of our legislatures.—He has affected to render the
Military independent of and superior to the Civil power.—He has combined
with others to subject us to a jurisdiction foreign to our constitution, and
unacknowledged by our laws; giving his Assent to their Acts of pretended
Legislation: — For quartering large bodies of armed troops among us: —
For protecting them, by a mock Trial, from punishment for any Murders
which they should commit on the Inhabitants of these States: — For cutting
off our Trade with all parts of the world: — For imposing Taxes on us
without our Consent:—For depriving us in many cases, of the benefits of
Trial by Jury: — For transporting us beyond Seas to be tried for pretended
offences: — For abolishing the free System of English Laws in a
neighbouring Province, establishing therein an Arbitrary government, and
enlarging its Boundaries so as to render it at once an example and fit
instrument for introducing the same absolute rule into these Colonies: —
For taking away our Charters, abolishing our most valuable Laws, and
altering fundamentally the Forms of our Governments: — For suspending
our own Legislatures, and declaring themselves invested with power to
legislate for us in all cases whatsoever. —
He has abdicated Government here, by declaring us out of his
Protection and waging War against us. — He has plundered our seas,
ravaged our Coasts, burnt our towns, and destroyed the lives of our people.
— He is at this time transporting large Armies of foreign Mercenaries to
complete the works of death, desolation and tyranny, already begun with
circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous
ages, and totally unworthy the Head of a civilized nation. — He has
constrained our fellow Citizens taken Captive on the high Seas to bear
Arms against their Country, to become the executioners of their friends
and Brethren, or to fall themselves by their Hands. — He has excited
domestic insurrections amongst us, and has endeavoured to bring on the
inhabitants of our frontiers, the merciless Indian Savages, whose known
rule of warfare, is an undistinguished destruction of all ages, sexes and
conditions. In every stage of these Oppressions We have Petitioned for
Redress in the most humble terms: Our repeated Petitions have been
answered only by repeated injury. A Prince, whose character is thus marked
by every act which may define a Tyrant, is unfit to be the ruler of a free
people.
Nor have We been wanting in attentions to our British brethren. We
have warned them from time to time of attempts by their legislature to
extend an unwarrantable jurisdiction over us. We have reminded them of
the circumstances of our emigration and settlement here. We have appealed
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to their native justice and magnanimity, and we have conjured them by the
ties of our common kindred to disavow these usurpations, which, would
inevitably interrupt our connections and correspondence. They too have
been deaf to the voice of justice and of consanguinity. We must, therefore,
acquiesce in the necessity, which denounces our Separation, and hold them,
as we hold the rest of mankind. Enemies in War, in Peace Friends. —
We, therefore, the Representatives of the United States of America,
in General Congress, Assembled, appealing to the Supreme Judge of the
worldfor the rectitude of our intentions, do, in the Name, and by Authority
of the good People of these Colonies, solemnly publish and declare, That
these United Colonies are, and of Right ought to be Free and Independent
States; that they are Absolved from all Allegiance to the British Crown,
and that all political connection between them and the State of Great
Britain, is and ought to be totally dissolved; and that as Free and
Independent States, they have full Power to levy War, conclude Peace,
contract Alliances, establish Commerce, and to do all other Acts and Things
which Independent States may of right do. — And for the support of this
Declaration, with a firm reliance on the protection of Divine Providence,
we mutually pledge to each other our Lives, our Fortunes and our sacred
Honour.
The U.S. Bill of Rights (1791)
Amendment I. Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press, or the right of the people
peaceably to assemble, and to petition the Government for a redress of
grievances.
Amendment II. A well regulated Militia, being necessary to the
security of a free State, the right of the people to keep and bear Arms, shall
not be infringed.
Amendment III. No Soldier shall, in time of peace be quartered in
any house, without the consent of the Owner, nor in time of war, but in a
manner to be prescribed by law.
Amendment IV. The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly describing the place to
be searched, and the persons or things to be seized.
Amendment V. No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or indictment of a Grand
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Jury, except in cases arising in the land or naval forces, or in the Militia,
when in actual service in time of War or public danger; nor shall any person
be subject for the same offence to be twice put in jeopardy of life or limb;
nor shall be compelled in any criminal case to be a witness against himself,
nor be deprived of life, liberty, or property, without due process of law;
nor shall private property be taken for public use without just compensation.
Amendment VI. In all criminal prosecutions, the accused shall enjoy
the right to a speedy and public trial, by an impartial jury of the State and
district wherein the crime shall have been committed; which district shall
have been previously ascertained by law, and to be informed of the nature
and cause of the accusation; to be confronted with the witnesses against
him; to have compulsory process for obtaining Witnesses in his favor, and
to have the assistance of counsel for his defense.
Amendment VII. In Suits at common law, where the value in
controversy shall exceed twenty dollars, the right of trial by jury shall be
preserved, and no fact tried by a jury, shall be otherwise re-examined in
any Court of the United States, than according to the rules of the common
law.
Amendment VIII. Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX. The enumeration in the Constitution, of certain
rights, shall not be construed to deny or disparage others retained by the
people.
Amendment X. The powers not delegated to the United States by
the Constitution, nor prohibited by it to the States, are reserved to the States
respectively, or to the people.
European Prison Rules (1990s)
1.	The deprivation of liberty shall be effected in material and moral
conditions which ensure respect for human dignity and are in conformity
with these rules.
2.	The rules shall be applied impartially. There shall be no
discrimination on the grounds of race, colour, sex, language, religion,
political or other opinion, national or social origin, birth, economic or other
status. The religious beliefs and moral precepts of the group to which a
prisoner belongs shall be respected.
3.	The purposes of the treatment of persons in custody shall be such
as to sustain their health and self-respect and, so far as the length of sentence
permits, to develop their sense of responsibility and encourage those
attitudes and skills that will assist them to return to society with the best
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chance of leading law-abiding and self-supporting lives after their release.
[...]
8.	In every place where persons are imprisoned a complete and secure
record of the following information shall be kept concerning each prisoner
received:
(a)	information concerning the identity of the prisoner;
(b)	the reasons for commitment and the authority therefore;
(c)	the day and hour of admission and release. [...]
11.1.	In allocating prisoners to different institutions or regimes, due
account shall be taken of their judicial and legal situation (untried or
convicted prisoner, first offender or habitual offender, short sentence or
long sentence), of the special requirements of their treatment, of their
medical needs, their sex and age.
11.2.	Males and females shall in principle be detained separately,
although they may participate together in organised activities as part of an
established treatment programme.
11.3.	In principle, untried prisoners shall be detained separately from
convicted prisoners unless they consent to being accommodated or involved
together in organised activities beneficial to them.
11.4.	Young prisoners shall be detained under conditions which as
far as possible protect them from harmful influences and which take account
of the needs peculiar to their age. [...]
14.1. Prisoners shall normally be lodged during the night in individual
cells except in cases where it is considered that there are advantages in
sharing accommodation with other prisoners. [...]
15. The accommodation provided for prisoners, and in particular all
sleeping accommodation, shall meet the requirements of health and hygiene,
due regard being paid to climatic conditions and especially the cubic content
of air, a reasonable amount of space, lighting, heating and ventilation. [...]
19. All parts of an institution shall be properly maintained and kept
clean at all times. [...]
21. For reasons of health and in order that prisoners may maintain a
good appearance and preserve their self-respect, facilities shall be provided
for the proper care of the hair and beard, and men shall be enabled to shave
regularly.
22.1. Prisoners who are not allowed to wear their own clothing shall
be provided with an outfit of clothing suitable for the climate and adequate
to keep them in good health. Such clothing shall in no manner be degrading
or humiliating. [...]
26.1. At every institution there shall be available the services of at
least one qualified general practitioner. The medical services should be
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organised in close relation with the general health administration of the
community or nation. They shall include a psychiatric service for the
diagnosis and, in proper cases, the treatment of states of mental abnormality.
26.2. Sick prisoners who require specialist treatment shall be
transferred to specialised institutions or to civil hospitals.
27. Prisoners may not be submitted to any experiments which may
result in physical or moral injury.
28.1. Arrangements shall be made wherever practicable for children
to be bom in a hospital outside the institution. However, unless special
arrangements are made, there shall in penal institutions be the necessary
staff and accommodation for the confinement and postnatal care of pregnant
women. If a child is bom in prison, this fact shall not be mentioned in the
birth certificate.
28.2. Where infants are allowed to remain in the institution with their
mothers, special provision shall be made for a nursery staffed by qualified
persons, where the infants shall be placed when they are not in the care of
their mothers. [...]
33. Discipline and order shall be maintained in the interests of safe
custody, ordered community life and the treatment objectives of the
institution. [...]
36.1	. No prisoner shall be punished except in accordance with the
terms of such law or regulation, and never twice for the same act.
36.2	. Reports of misconduct shall be presented promptly to the
competent authority who shall decide on them without undue delay.
36.3	. No prisoner shall be punished unless informed of the alleged
offence and given a proper opportunity of presenting a defence.
37.	Collective punishments, corporal punishment, punishment by
placing in a dark cell, and all cruel, inhuman or degrading punishment
shall be completely prohibited as punishments for disciplinary offences.
[...]
39.	The use of chains and irons shall be prohibited. Handcuffs,
restraint-jackets and other body restraints shall never be applied as a
punishment. They shall not be used except in the following circumstances:
(a)	if necessary, as a precaution against escape during a transfer,
provided that they shall be removed when the prisoner appears before a
judicial or administrative authority unless that authority decides otherwise;
(b)	on medical grounds by direction and under the supervision of the
medical officer;
(c)	by order of the director; if other methods of control fail, in order
to protect a prisoner from self-injury, injury to others or to prevent serious
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damage to property; in such instances the director shall at once consult the
medical officer and report to the higher administrative authority. [...]
41.1. Every prisoner shall on admission be provided with written
information about the regulations governing the treatment of prisoners of
the relevant category, the disciplinary requirements of the institution, the
authorised methods of seeking information and making complaints, and
all such other matters as are necessary to understand the rights and
obligations of prisoners and to adapt to the life of the institution.
41.2. If a prisoner cannot understand the written information provided,
this information shall be explained orally.
42.1.	Every prisoner shall have the opportunity every day of making
requests or complaints to the director of the institution or the officer
authorised to act in that capacity.
42.2.	A prisoner shall have the opportunity to talk to, or to make
requests or complaints to, an inspector of prisons or to any other duly
constituted authority entitled to visit the prison without the director or other
members of the staff being present. However appeals against formal
decisions may be restricted to the authorised procedures.
42.3.	Every prisoner shall be allowed to make a request or complaint,
under confidential cover to the central prison administration, the judicial
authority or other proper authorities.
42.4.	Every request or complaint addressed or referred to a prison
authority shall be promptly dealt with and replied to by this authority without
undue delay.
43. 1. Prisoners shall be allowed to communicate with their families
and, subject to the needs of treatment, security and good order, persons or
representatives of outside organisations and to receive visits from these
persons as often as possible. [...]
44.1. Prisoners who are foreign nationals should be informed, without
delay, of their right to request contact and be allowed reasonable facilities
to communicate with the diplomatic or consular representative of the state
to which they belong. The prison administration should co-operate fully
with such representatives in the interests of foreign nationals in prison
who may have special needs.
45. Prisoners shall be allowed to keep themselves informed regularly
of the news by reading newspapers, periodicals and other publications, by
radio or television transmissions, by lectures or by any similar means as
authorised or controlled by the administration.
46. So far as practicable, every prisoner shall be allowed to satisfy
the needs of his religious, spiritual and moral life by attending the services
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or meetings provided in the institution and having in his possession any
necessary books or literature. [...]
48	.1. All money, valuables, clothing and other effects belonging to
prisoners which under the regulations of the institution they are not allowed
to retain shall on admission to the institution be placed in safe custody. An
inventory thereof shall be signed by the prisoner. Steps shall be taken to
keep them in good condition. If it has been found necessary to destroy any
article, this shall be recorded and the prisoner informed.
48	.2. On the release of the prisoner, all such articles and money shall
be returned except insofar as they have been authorised withdrawals of
money or the authorised sending of any such property out of the institution,
or it has been found necessary on hygienic grounds to destroy any article.
The prisoner shall sign a receipt for the articles and money returned. [...]
52.	Prison staff shall be continually encouraged through training,
consultative procedures and a positive management style to aspire to
humane standards, higher efficiency and a committed approach to their
duties.
53.	The prison administration shall regard it as an important task
continually to inform public opinion of the roles of the prison system and
the work of the staff so as to encourage public understanding of the
importance of their contribution to society. [...]
56.	All members of the personnel shall be expected at all times so to
conduct themselves and perform their duties as to influence the prisoners
for good by their example and to command their respect.
57.	So far as possible the personnel shall include a sufficient number
of specialists such as psychiatrists, psychologists, social workers, teachers,
trade, physical education and sports instructors. [...]
63.1. Staff of the institutions shall not use force against prisoners
except in self-defence or in cases of attempted escape or active or passive
physical resistance to an order based on law or regulations. Staff who have
recourse to force must use no more than is strictly necessary and must
report the incident immediately to the director of the institution. [...]
64. Imprisonment is by the deprivation of liberty a punishment in
itself. The conditions of imprisonment and the prison regimes shall not,
therefore, except as incidental to justifiable segregation or the maintenance
of discipline, aggravate the suffering inherent in this. [...]
68. As soon as possible after admission and after a study of the
personality of each prisoner with a sentence of a suitable length, a
programme of treatment in a suitable institution shall be prepared in the
light of the knowledge obtained about individual needs, capacities and
dispositions, especially proximity to relatives. [...]
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70.1. The preparation of prisoners for release should begin as soon as
possible after reception in a penal institution. Thus, the treatment of
prisoners should emphasize not their exclusion from the community but
their continuing part in it. Community agencies and social workers should,
therefore, be enlisted wherever possible to assist the staff of the institution
in the task of social rehabilitation of the prisoners particularly maintaining
and improving the relationships with their families, with other persons
and with the social agencies. Steps should be taken to safeguard, to the
maximum extent compatible with the law and the sentence, the rights
relating to civil interests, social security rights and other social benefits of
prisoners. [...]
71	.1. Prison work should be seen as a positive element in treatment,
training and institutional management.
71	.2. Prisoners under sentence may be required to work, subject to
their physical and mental fitness as determined by the medical officer.
[...]
71	.4. So far as possible the work provided shall be such as will maintain
or increase the prisoner’s ability to earn a normal living after release.
71	.5. Vocational training in useful trades shall be provided for
prisoners able to profit thereby and especially for young prisoners. [...]
77.	A comprehensive education programme shall be arranged in every
institution to provide opportunities for all prisoners to pursue at least some
of their individual needs and aspirations. Such programmes should have
as their objectives the improvement of the prospects for successful social
resettlement, the morale and attitudes of prisoners and their self-respect.
78.	Education should be regarded as a regime activity that attracts the
same status and basic remuneration within the regime as work, provided
that it takes place in normal working hours and is part of an authorised
individual treatment programme.
79.	Special attention should be given by prison administrations to the
education of young prisoners, those of foreign origin or with particular
cultural or ethnic needs. [...]
82.	Every institution shall have a library for the use of all categories
of prisoners, adequately stocked with a wide range of both recreational
and instructional books, and prisoners shall be encouraged to make full
use of it. Wherever possible the prison library should be organised in co-
operation with community library services. [...]
88.	In the case of those prisoners with longer sentences, steps should
be taken to ensure a gradual return to life in society. This aim may be
achieved, in particular, by a pre-release regime organised in the same
institution or in another appropriate institution, or by conditional release
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under some kind of supervision combined with effective social support.
89.2. Steps must be taken to ensure that on release prisoners are
provided, as necessary, with appropriate documents and identification
papers, and assisted in finding suitable homes and work to go to. They
should also be provided with immediate means of subsistence, be suitably
and adequately clothed having regard to the climate and season, and have
sufficient means to reach their destination.
89.3. The approved representatives of the social agencies or services
should be afforded all necessary access to the institution and to prisoners
with a view to making a full contribution to the preparation for release and
after-care programme of the prisoner. [...]
92.1. Untried prisoners shall be allowed to inform their families of
their detention immediately and given all reasonable facilities for
communication with family and friends and persons with whom it is in
their legitimate interest to enter into contact. [...]
100.1. Persons who are found to be insane should not be detained in
prisons and arrangements shall be made to remove them to appropriate
establishments for the mentally ill as soon as possible.
PART II
PHILOSOPHERS OF LAW
Sir Thomas More, 1478—1535
Sir Thomas More was an English statesman and writer, known for
his religious stance against King Henry VIII that cost him his life. More
was bom in London and was educated at one of London’s best schools. He
later spent two years in the University of Oxford, mastering Latin and
undergoing a thorough drilling in formal logic.
Among his important thoughts was that the reasons for crime were
to be found in economic and social conditions. He believed that if people
lived in a more just and humane society they would behave better. He also
thought that punishment should be sensible and that people found guilty
should be made to work for the good of the community. His views were far
ahead of the time, so that it was only in later centuries that his book Utopia
was really understood.
More’s Utopia describes a pagan and communist city-state in which
the institutions and policies are entirely governed by reason. The order
and dignity of such a state provided a notable contrast with the unreasonable
policy of Christian Europe, divided by self-interest and greed for power
and riches, which More described in book 1, written in England in 1516.
Among the topics discussed by More in Utopia were penology, state-
controlled education, religious pluralism, divorce, euthanasia, and women’s
rights. The resulting demonstration of his learning, invention, and wit
established his reputation as one of the foremost Humanists. Soon translated
into most European languages, Utopia became the ancestor of a new literary
genre, the Utopian romance.
More’s History of King Richard III, written in Latin and in English
between about 1513 and 1518, is the first masterpiece of English
historiography. Though never finished, it influenced succeeding historians.
William Shakespeare is indebted to More for his portrait of the tyrant.
More attracted the attention of King Henry VIII. Henry VIII made
More one of his favourites and often sought his company for philosophical
conversations. More became Lord Chancellor in 1529; he was the first
layman to hold the post. His fortunes changed, however, when he refused
to support Henry’s request for a divorce from Catherine of Aragon.
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As a strict Roman Catholic he disapproved of Henry VIII’s attempt
to break away from the church in Rome and set up his own Church of
England. For failing to accept Henry as the head of the English church he
was tried for treason in 1535 and beheaded at the Tower of London. In
1935 he was made a saint by the Roman Catholic Church.
John Locke, 1632—1704
The ideas and writings of the seventeenth-century English philosopher
John Locke deeply influenced the political outlook of the American
colonists. Locke spelled out his political ideas in two Treatises on
Government, first published in 1690. His writings were widely read and
discussed in both Europe and America. Locke’s ideas seemed to fit the
American colonial experience. Colonial leaders such as Benjamin Franklin,
Thomas Jefferson, and James Madison regarded these ideas as political
truth. Locke’s ideas became so influential that they have been called the
“textbook of the American Revolution.”
Locke reasoned that all people were bom free, equal, and independent.
They possessed natural rights to life, liberty, and property at the time when
they lived in a state of nature, before governments were formed. People
contracted among themselves to form governments to protect their natural
rights. Locke argued that if a government failed to protect these natural
rights, the people could change that government. The people had not agreed
to be governed by tyrants who threatened their rights but by rulers who
defended their rights.
Locke’s ideas were revolutionary in an age when monarchs still
claimed they had God-given absolute powers. Locke denied that people
were bom with an obligation to obey their rulers. Rather, in his second
Treatise on Civil Government, Locke insisted that freedom of people under
government is to have a standing rule to live by, common to everyone of
that society, and made by the legislative power vested in it.
Government, then, was legitimate only as long as people continued
to consent to it. Both the U.S. Declaration of Independence and the
Constitution, written nearly a century after Locke, reflected Locke’s revolu-
tionary ideas.
Charles-Louis de Secondat Montesquieu, 1689—1755
Montesquieu is a French political philosopher whose major work
appeared under the title The Spirit of Laws. It consisted of two volumes,
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comprising 31 books in 1,086 pages. It is one of the greatest works in the
history of political theory and in the history of jurisprudence. Its author
had acquainted himself with all previous schools of thought but identified
himself with none.
Of the multiplicity of subjects treated by Montesquieu, none remained
unadorned. His treatment of the three was particularly memorable.
The first of these is his classification of governments. Abandoning
the classical divisions of his predecessors into monarchy, aristocracy, and
democracy, Montesquieu produced his own analysis and assigned to each
form of government an animating principle: the republic, based on virtue;
the monarchy, based on honour; and despotism, based on fear. His
definitions show that this classification rests not on the location of political
power but on the government’s manner of conducting policy; it involves a
historical and not a narrow descriptive approach.
The second of his most noted arguments is the theory of the separation
of powers. Dividing political authority into the legislative, executive, and
judicial powers, he asserted that, in the state that most effectively promotes
liberty, these three powers must be confided to different individuals or
bodies, acting independently. It at once became perhaps the most important
piece of political writing of the 18th century. Though its accuracy has in
more recent times been disputed, in its own century it was admired and
held authoritative; it inspired the Declaration of the Rights of Man and the
Constitution of the United States.
The third of Montesquieu’s most celebrated doctrines is that of the
political influence of climate. Basing himself on the experience of his
travels, and on experiments, he stressed the effect of climate, primarily
thinking of heat and cold, on the physical frame of the individual, and, as
a consequence, on the intellectual outlook of society. According to
Montesquieu, other factors (laws, religion, and maxims of government)
are of a non-physical nature, and their influence, compared with that of
climate, grows as civilization advances.
After the book was published, praise came to Montesquieu from the
most varied headquarters. The Scottish philosopher David Hume wrote
from London that the work would win the admiration of all the ages; an
Italian friend spoke of reading it in an ecstasy of admiration; the Swiss
scientist Charles Bonnet said that Montesquieu had discovered the laws of
the intellectual world as Newton had those of the physical world. The
philosophers of the Enlightenment accepted him as one of their own, as
indeed he was. His fame was now worldwide. But renown lay lightly on
his shoulders. His affability and modesty are commented on by all who
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met him. Не was a faithful friend, kind and helpful to young and
unestablished men of letters, witty, though absent-minded, in society.
Voltaire, 1694—1778
Voltaire was the most influential figure of the French Enlightenment.
Considered by his contemporaries as the greatest poet and dramatist of the
century, he is now better known for his essays and tales. His precocious
wit, his upbringing among a group of libertines, and his predilection for
aristocratic circles were to mark his life, as his classical education by the
Jesuits was to form his taste.
For writing some satirical verses, he spent a year imprisoned in the
Bastille (1717—18), after which he adopted the name Voltaire.
Subsequently he quarrelled with a nobleman, was returned briefly to the
Bastille in April 1726, then went into exile in England for three years.
There he absorbed the lessons of British liberties, deism, and literature.
Then, for safety, he moved (1759) to Ferney, just inside the French border,
which remained his home until his triumphal return to Paris in February
1778.
Voltaire was pre-eminent in almost every genre. He catapulted to fame
in 1718 with Oedipus. His historical works —History of Charles XII, Age
of Louis XIV, Essay on Manners — are landmarks of historiography.
Most of all, however, Voltaire was, and remains, famous as a
philosopher, a fighter for reform. His ideas were expressed in poems, tracts,
pamphlets, and tales, which are still universally read and admired. His
philosophical works include the Treatise on Metaphysics (1734), The
Disaster of Lisbon (1756), and the influential Philosophical Dictionary, a
witty compendium of his ideas.
Finally, Voltaire was the most prolific correspondent of the century.
His thousands of letters portray his life and personality, reflect his wit and
ideas, and describe his times.
Voltaire was the leader and chief organizer and propagandist of the
reformist group called Philosophers. He strove for collaboration with the
more radical of the encyclopaedists, such as Diderot, but in 1770 the two
groups could not agree on the issue of atheism or on tactics. Although
Voltaire is known principally as a reformer and teller of talcs, he was one
of the originators of modem historiography. Although his use of history
for non-historical purposes — propaganda, debunking, philosophical
explanations — were justly criticized, he demanded authentic
documentation and broke with tradition in his conception of history as the
history of civilisation social, economic, and cultural, as well as political.
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Jeremy Bentham, 1748—1832
The philosopher and jurist Jeremy Bentham was bom in London on
the 15th of February 1748. He proved to be something of a child prodigy:
while still a toddler he was discovered sitting at his father’s desk reading
a multi-volume history of England, and he began to study Latin at the age
of three. At twelve, he was sent to Queen’s College, Oxford, by his father,
a prosperous attorney, who decided that Jeremy would follow him into the
law, feeling quite sure that his brilliant son would one day be Lord
Chancellor of England.
Bentham, however, soon became disillusioned with the law, especially
after hearing the lectures of the leading authority of the day, Sir William
Blackstone. Instead of practicing the law, he decided to write about it, and
he spent his life criticising the existing law and suggesting ways for its
improvement. His father’s death in 1792 left him financially independent,
and for nearly forty years he lived quietly in Westminster, producing
between ten and twenty sheets of manuscript a day, even when he was in
his eighties. For those who have never read a line of Bentham, he will
always be associated with the doctrine of Utilitarianism and his attempts
to make the punishment more precisely fit the crime. This, however, was
only his starting point for a radical critique of society, which aimed to test
the usefulness of existing institutions, practices and beliefs against an
objective evaluative standard. He was an outspoken advocate of law reform,
a pugnacious critic of established political doctrines like natural law, and
the first to produce a utilitarian justification for democracy. He also had
much to say on subjects as diverse as prison reform, religion, poor relief
and international law. A visionary far ahead of his time, he advocated
universal suffrage.
By the 1820s Bentham had become a widely respected figure, both in
Britain and in other parts of the world. His ideas were to influence greatly
the reforms of public administration made during the nineteenth century,
and his writings are still at the centre of academic debate, especially as
regards social policy and legal positivism and welfare economics.
PART III
NOTORIOUS CRIMINALS
Cain
According to the Bible, Cain was the first murderer. The story is told
in Genesis, Chapter Four. He was a tiller of the soil and his brother Abel
was a shepherd. They were both sons of Adam and Eve. When the Lord
accepted Abel’s offerings and rejected those of Cain, he was very “wroth
and his countenance fell”. He fell upon his brother Abel and killed him.
When the Lord asked him where his brother was, he asked the famous
question: “Am I my brother’s keeper?”. For his crime, he was banished to
be a wanderer over the earth, but to prevent him from being killed, God put
a mark upon him to protect him. According to the Bible, he went to live in
the land of Nod, east of Eden.
Marcus Junius Brutus, 85—42 B.C.,
Gaius Longinus Cassius, d. 42 B.C.
These two Roman generals were the leaders of conspiracy to murder
Julius Caesar, the man who invaded Britain and was one of the greatest
Roman generals. Both had distinguished careers, having been promised
governorships by Caesar. One was even a personal friend of Caesar’s but
was convinced by the other that Caesar, who by then was dictator of Rome,
was a tyrant who must be got rid of. On the Ides (15th) of March 44 B.C.
Caesar was stabbed to death on the steps of the Capitol, the senate house
of Rome, both men taking part in the murder. But, the conspiracy then
began to crumble and the two generals fled to Macedonia to raise an army.
They were defeated at the battle of Philip by Caesar’s nephew Octavian
and Roman military hero Mark Anthony. After the battle one committed
suicide, while the other ordered his servant to kill him.
Caligula, A.D. 12-41
This Roman Emperor will always be remembered for his great cruelty
and love of bloodshed. On one occasion, at one of the famous games, at
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which the gladiators performed, he is said to have remarked that he wished
that the Roman people had only one neck so that he could kill them all with
one blow. There is little doubt this his extreme cruelty was due to madness,
as he started his reign in a very reasonable way. However, after a strange
illness, he began to act as though insane and declared himself a god and
even gave his horse a high public office. In the end he was murdered by a
member of his own bodyguard on 24th January A.D. 41.
Colonia Agrippina, A.D. 16—59
As Roman empress, married to the emperor Claudius, she is
remembered mostly for having poisoned him in A.D. 54 in order for her
son, Nero to take the throne. The sister of Caligula and a cruel and ambitious
woman, she is said to have murdered her previous husband as well. In the
end she met her death on the orders of Nero, who was tired of being ruled
by his mother. The city of her birth on the Rhine was named Colonia
Agrippinensis in her honour and is now called Cologne.
Guy Fawkes, 1570—1606
Guy Fawkes is the best known member of the gang which planned
Gunpowder Plot of 1605. The originators of the plot were Robert Catesby,
Thomas Winter, Thomas Percy and John Wright. Fawkes was only brought
in later by Catesby, who knew of his reputation for courage. All were Roman
Catholics and their plan was to destroy James I and his Protestant Parliament
by blowing them up. Percy rented a house next to Parliament and later the
cellar below the House of Lords. There Fawkes hid thirty-six barrels of
gunpowder, covering them with wood and coal. The plot was discovered
when one of the conspirators sent a letter to Lord Monteagle in October
1605 asking him not to attend the opening of Parliament on 5th November.
Suspicions were aroused and on the night of 4th November Fawkes was
arrested in the cellar. He had been given the task of lighting the fuse to set
off the explosion. Tortured, he refused to give the names of his fellow
conspirators until they had either been killed or captured. He was executed
by hanging on 31st January 1606.
Captain William Kidd, 1645—1701
A privateer was a private person (a civilian not in the navy) who was
given a commission to attack the King’s enemies at sea and traditionally
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there was always a thin line dividing
privateering from piracy. In 1695 William
Kidd, a Scotsman who had emigrated to
Boston, Massachusetts, was given a
commission by William III to arrest all
pirates and also a commission to act as a
privateer against the French. He fitted out
the brig Adventure and in 1697 sailed to
Madagascar, the lair of many pirates at
that time. But instead of attacking the
pirates, he joined forces with them and
began capturing merchant ships and
plundering local trade. He deserted his
ship and went to New York, offering
treasure to the governor and claiming to
be able to explain his actions. However,
he was arrested and sent to England for trial where he was hanged in 1701.
About 14,000 pounds of treasure were recovered from his ship and from a
hiding place near Long Island, though there is still supposed to be a lot of
Captain Kidd’s treasure waiting to be found.
Alessandro Cagliostro, 1743—1795
Count Cagliostro’s real name was Guiseppe Balsamo, and he became
famous as a charlatan or confidence trickster, as we would call him today.
As a young man he learned a little about chemistry and medicine and then
left Sicily in 1769. After getting some knowledge of the supernatural, he
appeared in Malta as the great Count Cagliostro, specialist in medicine,
magic and all kinds of strange arts. He was soon fleecing the rich of Europe,
selling them an elixir of youth and love potions. Finally he was condemned
to death in Rome for setting up a secret society and died in prison at San
Leone.
Billy the Kid (William Bonny), 1860—1881
Billy the Kid was a legend in the Wild West as a cattle rustler and
murderer. Slim and fair, Billy was bom in New York but soon moved to
New Mexico. He was apprenticed to a blacksmith but found this boring, so
he shot the smith and became a cowboy. At first he worked for John
Chisholm, who was fighting a range war in the Pecos Valley. He quarrelled
with Chisholm and joined, a band of cattle rustlers, killing as many of
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Chisholm’s men as he could in the process. Pat Garrett was elected sheriff
to capture Billy the Kid. He did this, but Billy shot two deputies and escaped
from his cell just before he was due to be hanged. He was caught by Garrett
two months and five murders later and shot dead in a gunfight. He was
said to have shot twenty-one men, but in fact he probably only killed three.
Jack the Ripper
“Jack the Ripper” was a mysterious killer who terrorised the East
End of London in the autumn of 1888. His victims, all women, were killed
by having their throats cut, and in many cases the bodies were savagely
mutilated as well. The number of victims is said to be between four and
fourteen, though police authorities generally thought that only five murders
were definitely the work of the Ripper. The Ripper was never caught, and
his identity remains a mystery. All kinds of people have been suggested as
possible Rippers, including the Duke of Clarence and even a barrister.
Roy Bean, d. 1903
In the days when the western part of the USA was known as Wild
West law was upheld by very rough and ready men. ‘Judge’ Bean, as he
called himself, was one of the most colourful of the lawmen. As a young
man he had been a slaver, driven an ammunition truck in the war against
Mexico, smuggled cotton and been tried. He became famous as Justice of
the Peace in a town called Vinegarroon. Here, in a saloon called the Jersey
Lilly — so named after the actress Lily Langtree of whom he was a fan —
he held the court. His justice was as rough as the people he tried and he
built up an enormous reputation, so that many tales were told about him.
One is that he decided on one occasion that a man accused of murdering a
Chinaman might call on his tough friends to make trouble for the judge.
Looking through his law books he announced that he could not find
anywhere that it said that you must not kill a Chinaman!
Butch Cassidy, 1866—1910
and the Sundance Kid, d.1910
Butch Cassidy, whose real name was Robert Leroy Parker, was the
leader of a gang of American outlaws called the Wild Bunch who operated
mainly from a secure hideout in Wyoming Territory called Hole in the
Wall. Other members of the gang were the Sundance Kid (real name Harry
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Longbaugh), Bill ‘News’ Carver, Ben Kilpatrick and Harvey Logan. The
Wild Bunch rustled cattle, held up banks and robbed trains, all with varied
success. On one occasion they stole $40,000 in notes that were so new that
they had not been signed, and their clumsy attempts to forge the signatures
failed miserably. Having made things too hot for themselves by robbing
the Union Pacific railway rather too frequently, in 1902 Butch Cassidy
and the Sundance Kid moved to South America accompanied by pretty
schoolteacher Etta Place. This combination carried out a number of
robberies, before the two outlaws were ambushed and killed in a gunfight
with the Bolivian army in 1910. However, rumours persist that either one
or both men returned to the USA and lived on peacefully to die of old age.
The film of their life and death, 'Butch Cassidy and the Sundance Kid\
starring Paul Newman and Robert Redford, managed to catch the flavour
of criminal exploits almost perfectly.
Mata Hari (born Gertruda Margarete Zelle),
1876—1917
Mata Hari, who was
executed by a firing squad in
France in October 1917, is
probably the most famous spy
of all time. She is renowned for
her beauty, her numerous
military lovers, her provocative
oriental dancing, and, above all,
her espionage. Yet in fact, she
was not oriental, or even a spy.
Mata Hari was a stage name
adopted by a plump middle-
aged Dutch divorcee, named
Mrs. Margaretha MacLeod,
who had left her alcoholic
Scottish husband and opted to become a dancer in Europe. The evidence
of her alleged espionage on behalf of the German Kaiser is based merely
on her being mistaken for a well-known German agent Clara Benedix, by
the British in November 1916. In that month Mrs. MacLeod was arrested
in Falmouth, Cornwall, on board of the ship Hollandia while she was on
her way to the Netherlands. The police released her when they realized the
mistake. Later she was arrested in France and charged with having been in
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contact with German intelligence officers in Madrid (though she had never
even been there). At her trial in Paris her lurid life-style was used to damning
effect. It was only in 1963, when the secret files relating to her case were
released, that the legend was reassessed. Most historians now think that,
far from being a spy, Mata Hari was simply an innocent scapegoat— shot
because the French government wanted to cover up its military ineptitude
by fabricating an all-powerful ring of German agents.
Captain Alfred Dreyfus, 1859—1935
The name of Dreyfus is one of the most famous in the history of
espionage. He was a French army officer of Jewish ancestry who in 1894
was sentenced to life imprisonment for selling military secrets to the
Germans. The high command of the French army was strongly anti-Jewish
and Dreyfus was a convenient scapegoat. His court martial was carried out
as if he had already been found guilty. To serve his sentence he was sent to
Devil’s Island, the French prison colony off the coast of Guiana. In 1896
an army intelligence officer found proof that Dreyfus was innocent, but
the army chief of staff refused to accept it. Support for Dreyfus grew and
in 1898 the writer Emile Zola published a famous open letter, ‘J’accuse'',
calling for his case to be reopened. At last, the army brought Dreyfus back
from Devil’s Island and retried him in 1899. To the amazement of everyone,
this second court martial again found him guilty. Such was the public fury
that the President pardoned Dreyfus immediately, but it was not until 1906
that his name was fully cleared, and the real traitor exposed.
Lizzie Borden, 1860—1927
Lizzie Borden is known worldwide through a poem which was written
about her. It goes:
Lizzie Borden took an axe
And gave her father forty whacks.
When she saw what she had done,
He gave her mother forty-one.
This cruel verset refers to the fact that Lizzie Borden was accused of
having killed her father and stepmother by chopping them to pieces with
an axe at their home in Fall River, Massachusetts, in 1892. She was tried
for the two murders and acquitted, but the trial has become a legend, and
many books have been written about it.
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Dr. Hawley Harvey Crippen, 1882—1910
Crippen is famous as a murderer mainly because he was the first one
to be caught by the use of wireless telegraphy. He was an American-born
doctor who settled in London in 1900 with his wife Cora who had theatrical
ambitions and used the stage name Belle Elmore. In 1910 Crippen’s wife
vanished under suspicious circumstances and when the house was searched
her dismembered body was discovered buried in a cellar. She had been
poisoned. Meanwhile Crippen had fled with his girlfriend Ethel Le Neve,
who was disguised as a boy. They thought that they were safe once they
boarded the liner Mon trose for America, but the authorities used the newly
invented wireless to pass on a warning to the ship’s captain. Shortly
afterwards “Mr. Robinson” and his ‘son’ were recognised and Crippen
and Le Neve were arrested in New York and returned to Britain. Largely
due to Crippen’s insistence that she knew nothing of the crime, Ethel Le
Neve was freed, but the mild, inoffensive looking little man was hanged at
Pentonville prison on 23rd November 1910.
Bonnie and Clyde
(Bonnie Parker and Clyde Barrow), d.1934
In the days of the Depression
in America after 1929, these two
young people made a great name
for themselves robbing stores and
committing murders quite casually
and often for the sheer fun of it.
Bonnie Parker was a waitress when
she met Clyde Barrow, and she
ended up a legendary figure known
for her love of red dresses, cigars
and firearms. Working in the
southern states of the USA they left
behind a trail of destruction. On
several occasions they were
trapped by the police, but seemed to bear a charmed life and escaped even
through a hail of bullets. On one occasion they held up a prison farm killing
a guard and helping a friend to escape. Huge rewards were by then offered
for their capture. Following a tip-off, the police finally ambushed Bonnie
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and Clyde at a crossroads and killed them in the gunfight that followed. In
1967 a film was made of their exploits, which resulted in the two becoming
almost cult figures, and a pop song was written about them, which became
a best-selling record.
‘Ma’ Barker, d. 1935
‘Ma’ Barker’s gang was mostly composed of her own four sons, and
she led them to criminal fame. She was never arrested, but her sons often
were. ‘Ma’ would appear in court and protest their innocence or raise bail.
By the time the gang was cleared up by the FBI it had been responsible for
the deaths of four policemen, a civilian and one of their own number who
talked too much. The Barkers hit the big time when they started kidnapping
rich men for ransom, but this increased the pressure by police and the FBI
on the gang and its members had to split up. When Arthur Barker was
captured, ‘Ma’s hideout in Florida was revealed. The FBI’s G-men
surrounded the house and called on ‘Ma’ Barker and her son Fred to
surrender. “To hell with all of you”, she replied and opened fire. The FBI
used tear gas, but the gunfight continued until both ‘Ma’ Barker and her
son were dead.
Bruno Hauptmann, d. 1936
Kidnapping, which means the taking of a person — sometimes a child
— by force and asking the family, friends or even employers of the person
for ransom in return for his or her release, has always been regarded as a
serious crime. One of the best known kidnappings of modem times took
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place in America in March 1932, when the nineteen-months old son of
American aviator Colonel Charles Lindbergh was taken from his New
Jersey home while he was asleep in the nursery. Charles Lindbergh was
the first man to fly the Atlantic non-stop single-handed in 1927 and a great
American hero. A large sum of money - $50,000 — was demanded by the
kidnapper and this was eventually paid over by Lindbergh in April.
However, the boy had already been murdered and his body buried under
leaves and twigs in a wood only four miles from the Lindberghs home. As
a result of the Lindbergh case the crime of kidnapping was made a Federal
instead of just a State offence with the passing of the “Lindbergh Act”
(Federal Kidnapping Act) in 1933. This allowed the FBI to become involved
in the search for kidnappers and their victims, making an arrest so much
more likely. The kidnapper of Lindbergh’s child, Bruno Hauptmann, a
carpenter from New York, was finally arrested in September 1934 after a
massive search, and executed in 1936. The publicity which followed the
kidnapping was so great that the Lindberghs eventually left America to
live in England and continued to do so until 1939.
Hans Van Meegeren, 1889—1947
Van Meegeren will go down in history as one of the greatest of all art
forgers. His work fooled all the experts. Before the Second World War
Van Meegeren was a struggling artist in Holland who gradually became
embittered by the fact that his own painting was not appreciated. He
therefore painted a number of works in the style of Vermeer, which were
accepted as the real thing. The six ‘Vermeers’ he painted were sold for
huge sums of money: five to Dutch museums and the sixth to Hermann
Goering, the German Nazi leader, for 165,000 pounds during the war. When
the war was over, the sale of the picture to Goering was traced to Van
Meegeren, who was accused of collaborating with the Germans. To save
himself, Van Meegeren confessed to having forged the painting, but had
to paint another ‘Vermeer’ while the experts watched, before anyone would
believe him. He was tried in 1947 on a charge of forgery and sentenced to
one year in prison. Six weeks later he died, having finally achieved fame
as a painter.
Alphonse Capone, 1899—1947
‘АГ Capone is possibly the best-known of all American gangsters,
though by no means the most important. His home ground was Chicago.
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He was brought into the racket by Johnny Torrio and Torrio’s uncle “Big
Jim” Colosimo. Capone seized his chance when Prohibition was declared
in 1920, which made the manufacture and sale of alcohol illegal in America.
He soon rose to control a large part of the illegal liquor market in Chicago
and the Middle West. A fierce and vicious man, he was responsible for
many gangland killings, including the 1929 St. Valentine’s Day Massacre,
in which seven rival “bootleggers” (men selling illicit liquor) were trapped
by gunmen dressed as police and machine-gunned to death. He was
imprisoned in 1931 on income tax charges, became a model prisoner and
was released in 1939.
‘Lucky’ Luciano, 1897—1962
‘Lucky’ Luciano, so called
because he led a charmed life and
avoided assassination, was one of
the most powerful leaders of the
Mafia in the USA. Having risen to
be a trusted lieutenant of Joe
Masseria (‘Joe the Boss’), he had
him killed in 1931. This was the first
step Luciano was to make in getting
rid of the old guard of the Mafia, to
make way for younger men like
himself. In the reorganisation that
followed Luciano became capo or
head of one of the five New York
Mafia ‘Families’. He became the most powerful chieftain in the Mafia,
and formed alliances with gangsters of other national groups such as the
Jews and Irish-Americans. In 1936 he was sent to prison but paroled in
1945 because of his and the Mafia’s secret work for the U.S. government
during the Second World War. Afterwards he was deported to Italy, from
where he ran the European end of the Mafia’s drugs operation.
Frank Costello, 1891—1973
Known by American newspapers as ‘the Prime Minister of Crime’,
Costello was bom in Italy and came to America in 1896. Though not well
educated, he had a very good brain, and rose steadily through the ranks of
the Mafia until in 1936 he took over ‘Lucky’ Luciano’s position as capo di
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capore, or head of all the Family heads. He avoided violence whenever
possible, but was not afraid to use it where necessary. By 1943 he virtually
owned New York, appointing city officials, judges and even mayors. He
was jailed in 1954 on income tax charges and the resulting publicity made
him less valuable to Meyer Lansky’s National Crime Syndicate, and he
lost much of his power. An attempt was made on his life in 1957, but he
was then allowed to retire in peace.
George Blake, b.1922
Bom in Holland, he was a famous traitor and Russian spy. During the
Second World War, he was a member of the Dutch resistance until he
escaped to England, joined the Navy and changed his name to Blake. He
joined the intelligence services and was captured in Korea while serving
in the British Embassy in Seoul. Blake was released in 1953 but had been
secretly converted to communism while a prisoner. He then served as an
agent for MI6 and as a double agent for the Russians, first in Berlin and
later in Britain. In 1960 he was arrested and sentenced in 1961 to no less
than forty-two years in prison. But in 1967, helped by a released fellow-
prisoner, he made a daring escape from Wormwood Scrubs prison and
was smuggled out to Moscow by the Russians.
Lee Harvey Oswald, 1940—1963
In 1963 the world was shaken by the news that President Kennedy
had been assassinated in Dallas, Texas, while driving from airport. The
man arrested for this terrible crime was Lee Harvey Oswald. After service
in the U.S. Marine Corps, Oswald went to the Soviet Union for a time and
married a Russian girl. On returning to the United States he was for a time
involved with Cuban revolutionary elements. On 22nd November 1963 he
is said to have taken a rifle into the Texas Book Depository in Dallas,
where he worked, and shot President Kennedy and Governor Conally of
Texas as they were driving past. Conally survived, but the President died
soon afterwards. Oswald tried to escape, shooting a policeman who tried
to stop him. He was caught, but was later shot dead before he could be
brought to trial by the night-club owner Jack Ruby, who had got into the
police station. The Warren Commission, which investigated the
assassination, stated that Oswald had acted alone, but many people do not
agree, and there are still a great many questions concerning the killing left
unanswered.
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Joseph Stalin, (Joseph Vissarionovich Djugashvili),
1879—1953
The 20th century generated an outgrowth of state terrorism which
implies the systematic use of terror by the state against its own people to
attain a political objective. It was exceedingly developed in Russia under
the Soviet dictator Joseph Stalin who during the quarter of a century
preceding his death in 1953 allegedly exercised greater political power
than any other figure in history. Stalin industrialized the Union of Soviet
Socialist Republics, forcibly collectivized its agriculture, consolidated his
position by intensive police terror, and extended Soviet controls to include
a belt of eastern European states. Nevertheless it was he who led the Red
Army to defeat the Nazi in World War II.
Chief architect of Soviet totalitarianism and a skilled but phenomenally
ruthless organizer, he destroyed the remnants of individual freedom and
failed to promote individual prosperity, yet he created a mighty military-
industrial complex and led the Soviet Union into the nuclear age. Stalin’s
biography was long obscured by a mendacious Soviet-propagated ‘legend’
exaggerating his prowess as a heroic Bolshevik conspirator and faithful
follower of Lenin, the founder of the Soviet Union. In his prime, Stalin
was hailed as a universal genius, as a ‘shining sun’, or ‘the staff of life’,
and also as a ‘great teacher and friend’ (especially of those communities
he most savagely persecuted); once he was even publicly invoked as “Our
Father” by a Metropolitan of the Russian Orthodox Church. Achieving
wide visual promotion through busts, statues, and icons of himself, the
dictator became the object of a fanatical cult that was overturned after his
death.
Benito Mussolini, 1883—1945
Benito Mussolini was not always a great dictator, but he always knew
what it took to become one. He had the ability to use people and make
himself appear like a God in a hectic society. His father was a blacksmith
and his mother a schoolteacher. He did not grow up in a rich home and was
rejected most of his young adult life. When he came to power, Mussolini
threatened to make Italy ungovernable through violence unless he was
promoted Prime Minister.
Mussolini made Italy a fascist state that stood totally behind him. He
knew how to use the media to promote fascism and himself. Like Hitler,
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he used propaganda to gradually build himself up as a legend who was
always right and could solve all of Italy’s problems. He took control of
everything from what was written in newspapers to what children learned
in school. Mussolini made Italy dependent on him. And anyone who didn’t
feel this way about him was killed. He became known as “Il Duce” (the
leader).
On April 28, 1945, Mussolini and his mistress Clara Petacci, were
arrested by Italian partisans. Realizing he was going to be killed, Mussolini
opened up his shirt and asked to be shot in the chest. But for some reason
the attempts to shoot him failed — the gun would not fire. Eventually he
was shot and his body was strung upside down the next day for all to see.
Adolf Hitler (Adolf Shiklgruber),
1889—1945
A ruthless dictator, Adolf Hitler led Germany to a catastrophe in World
War II. Bom in Austria, Hitler earned a meager living as an artist in Vienna
during his youth. At the outbreak of World War I, he joined the German
army. Germany’s surrender in 1918 shocked him into political action. In
1921 he took over a small extremist party of Nazis. His first attempt to
seize power in 1923 failed and he was arrested and jailed. While there he
wrote Mein Kampf (My Struggle) which set out his ruinous political
philosophy. Hitler held extreme nationalist and racist views: he advocated
German supremacy and showed a passionate hatred for Jewish people.
In 1932 the Nazis became the largest party in parliament, and the
following year Hitler was appointed chancellor of Germany. He soon
eliminated all opposition and established himself as the Fuhrer (leader) of
a police state. In 1939 he invaded Poland, launching the world into World
War II. Hitler then ordered the “final solution” — the attempted
extermination of the Jews. Six million Jews were killed in specially built
death camps such as Osvenzim. The gas-chambers and crematoria were
waiting for women, children, old and sick people. Young and healthy people
were left for hard labour at underground plants, they were doomed to slavery
and hungry death. Not many people survived to the moment when the Red
Army and ally troops came to set free the prisoners of Osvenzim and other
death camps. Hitler’s triumph as the master of most of Europe was short-
lived. By 1945 the USSR with the allies defeated his armies. On April 30,
1945, he committed suicide in his bunker in Berlin. The last German forces
surrendered a few days later on May 8.
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Andrei Chikatilo, 1936—1994
(The Rostov Ripper)
Andrei Chikatilo, one of the world’s worst serial killers, murdered up
to 53 young girls and boys in Russia starting in 1982 and ending in 1990,
when he was captured. Starting from June 1982 the bodies of his victims
were found in the Ukraine. They contained a numerous amount of stab
wounds, and their eyes were ripped off. The fact that the infomartion about
the series ofcrimes was not published for fear of panic and embarrassment
made it difficult to catch the killer. But the detectives managed to link the
cases and realized that the killer lured his victims at the train station in
town. The stations were then monitored by plain-clothes detectives, looking
for any suspicious behaviour. Chikatilo was discovered in the train station
trying to pick up children. The police apprehended him and searched his
bag. They found a rope, dirty towels and a kitchen knife. But the blood
tests seemed to indicate that he was not involved in the series of crimes.
Chikatilo was then released.
A profile of the killer was compiled by a leading Russian psychologist.
He called the killer ‘Citizen X’ and concluded that X possibly had a wife
and children (which was later confirmed). He called the killer a sadist, and
mutilating his victims was some form of dominance.
Years later Chikatilo was detained again. He admitted to at least 53
murders and also led police to some undiscovered victims. Chikatilo’s
reasons for gouging at his victims eyes was that he believed that the victims
eyes kept an image of the killer in them after. Chikatilo spent his 6-months
trial in a steel cage. He was found legally sane and sentenced to death. He
was executed by a gunshot to the head in 1994.
The Unabomber (Theodore Kaczynski), b. 1942
Despite what his name might imply, the Unabomber is not a villain
from the Batman TV show in the sixties. The Unabomber is a serial bomber;
he bombed 16 targets over a period of 17 years, killing three and injuring
23 people. Among his victims are the vice-president of a major advertising
company, an owner of a computer corporation and several prominent
scientists.
His bombs were characterized by the letters “FC” being scratched
into them, which stand for “Freedom Club.” His early targets were primarily
universities and airplane related facilities though his later taste in targets
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broadened to include anything concerned with technology. UNABOM was
his FBI code name—the “UN” stands for universities, the “A” for airplanes,
and the “BOM” for bomber. The media distorted the name to the
Unabomber. The FBI offered a reward of one million dollars for his capture.
In his attempt to justify his career in serial killing, the Unabomber
advertised himself as a philosopher. Developing the motto of the famous
anarchist Mikhail Bakunin, “The urge to destroy is a creative urge.”
Theodore Kaczynski declared, “Clearly we are in a position to do a great
deal of damage.” He believed that society should be broken down into
small familial and tribal units, and that any technology is undesirable and
ruinous for people’s minds. The Unabomber also called for the return to
“wild nature”. To that end, he manufactured all of his bombs by hand, very
unconventionally, from wood.
In 1995, the Unabomber sent an open letter to major American
newspapers, promising to stop bombing if they published his Manifesto.
After some deliberation with FBI authorities the newspapers did what he
wanted.
The notorious terrorist was brought to justice by his brother David
who had read Theo’s manifesto in a newspaper. What struck him most
was how identical the style and ideas in the murderer’s treatise were with
those of his brother. David gave the FBI a tip-off claiming that ^Manifesto
contained his elder brother’s obsessive ideas. He went out of his way to
convince the FBI that it was his brother Theo who had become the most
wanted man in America.
FBI’s G-men surrounded Theo’s hut in the mountains of Montana
and arrested him in 1996. His trial lasted for two years. He was found
insane and sentenced to life-long imprisonment. In the same year he was
listed as one of the twenty five world-famous persons by People magazine.
He is now serving his term in a solitary cell in Sacramento prison.
His brother David was awarded 1 million dollars. After writing a book
about the Unabomber he earned a few millions more which he is going to
donate to the people who suffered from his infamous brother.
Osama Bin Laden (b. 1957)
Osama Bin Muhammed bin Awad bin Laden was bom in Saudi Arabia
in 1957 — the 17th of 52 children, bom into Saudi Arabia’s wealthiest
construction family. In 1979 Bin Laden graduated with a degree in Civil
Engineering and in the same year his violent terrorist roots were formed
when he joined the mujahadeen movement in Afghanistan.
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During 1986—1989, Bin Laden established the now notorious ‘Al
Quaeda’ network — an organization of ex-mujahadeen, with a murderous
mission to provide fighters and funds for the Afghan armed struggle. As a
result of the increasingly violent policies, allegedly dictated by Bin Laden,
there followed a series of terrorist actions across the globe. The first was
an explosion in a hotel in Aden and then the New York World Trade Centre
bombing in 1992. Bin Laden is now on a mission to promote his terrorist
ideas in the name of Islam, driven by his belief that violence is the only
policy. His fanatical terrorist views include the concept of suicide attacks.
Bin Laden’s Jihad (holy war) reached a peak in 2001, resulting in the
world’s most devastating terrorist outrage — destruction of the New York
World Trade Centre and an attack on the Pentagon in Washington on Sept
11th, where 3,500 souls perished.
Bin Laden has enormous personal wealth and he could spend his life
in tranquil luxury, but he has chosen to support violent terrorist groups. It
could be argued he has symptoms of a control freak. It is interesting to
observe that although he is only in his forties, he looks much older and
walks with a curved back and with a walking stick. This may be a classic
example of somebody who is physically inferior but seeks power and
violence as a substitute.
PART IV
FAMOUS DETECTIVES
Father Brown
One of the great figures of detective fiction is Father Brown, created
by G.K. Chesterton (1874—1936) and largely based on his friend Father
John O’Connor. Father Brown is a plump, moon-faced Roman Catholic
priest from Essex, apparently vague and harmless, never separated from
his large black umbrella and several brown paper parcels tied up with a
string. In fact Father Brown is a master of detection as Chesterton showed
in forty-nine stories published between 1911 and 1935. He finds himself
involved, more or less by chance, in a crime, which he solves by using
common sense and his vast knowledge of human nature. Father Brown
appeared on film in 1954, with Alec Guinness in the title role, and later in
a television series, starring Kenneth More.
Sherlock Holmes
The famous fictional detective of Victorian times was created by Sir
Arthur Conan Doyle (1859—1930) who based the brilliant deductive
method and personality of his character on Dr. Joseph Bell, under whom
he had worked as a surgeon. Holmes with his incredible powers of
deduction, his mastery of disguise and his scientific brilliance, first appeared
in The Strand Magazine in 1882 in a story called A Study in Scarlet together
with his faithful chronicler Dr. John Watson. Longer novels, collections
of short stories continued to appear up until The Case of Sherlock Holmes
(1927). But Conan Doyle had already been tired of his creation and had
once tried to kill him off with his rival Professor Moriarty, but public
pressure had secured his return. The stories remain hugely popular and
have provided material for countless films and TV series. But the phrase
“Elementary my dear Watson” was never uttered by Holmes and is a later
invention.
Ellery Queen
This was at the same time the name of a fictional detective and also
the pen-name of the two authors, Frederick Dannay and Manfred Lee. The
9 — 9099
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The Best of Just English
books written by Ellery Queen are about an American playboy writer of
detective stories, who keeps getting involved in mysteries himself. He first
appeared in The Roman Hat Mystery in 1929, and in many later books. He
was also the hero of several films made between 1935 and 1943, and Peter
Lawford starred in a television series based on the books in 1971. Ellery
Queen (the author) also founded ^Mystery Magazine, which was a popular
outlet for detective stories by other writers.
Hercules Poirot
The famous fictional detective,
the Belgian Hercules Poirot, made his
first appearance in 1920 in The
Mysterious Affair at Styles written by
the best selling novelist Agatha
Christie (1891—1976), and he
appeared in many of her stories after
that. The heyday of Poirot’s popularity
was the period between the two World
Wars, but he was revived in films,
especially Murder on the Orient
Express andDeath on the Nile. Plump,
vain and dapper, Poirot has
moustaches of which he is very proud
and a weakness for exhorting people to use their ‘little grey cells’(their
brains).
Inspector Jules Maigret
Inspector Maigret was created by novelist Georges Simenon in 1931
and has become one of the most popular fictional policeman in the world.
He is the central figure in more than 500 novels and short stories written
by Simenon. He is a calm, thoughtful and very painstaking detective, who
never makes any spectacular arrests and does most of his work by talking
to people. Through the stories the reader can form a very vivid picture of
the seamy side of French life. A television series, starring Rupert Davies
as Maigret, was made by the BBC in the 1960s.
Perry Mason
The hard-hitting American defence lawyer Perry Mason was created
by Erie Stanley Gardner (1889—1970). With his attractive and clever
Базовый курс
241
secretary Della Street and his legman detective Paul Drake, Mason
specialises in taking on clients accused of crimes and proving their
innocence. His cases generally end in a dramatic courtroom scene in which
Mason unmasks the true culprit. He first appeared in The Case of the Velvet
Claws in 1933. In a popular television series of the 1960s, actor Raymond
Burr played Perry Mason.
9*
PART V
THE STUPIDEST CRIMINALS
1.	Bank Robbers
1.1.	Klaus Schmidt, 41, burst into a bank in Berlin, Germany, waved
a pistol, and screamed, “Hand over the money!” The staff asked if he wanted
a bag, to which he replied, “Damn right it’s a real gun!” Guessing Schmidt
was deaf, the manager set off the alarm, saying later, “It was ridiculously
loud, but he didn’t seem to notice.” After five minutes, punctuated by
Schmidt’s occasionally shouting, “I am a trained killer!”, police arrived
and arrested him. Schmidt then sued the bank, accusing them of exploiting
his disability.
1.2. Five armed raiders
burst into a bank in Baku, the
capital of Azerbaijan. Their
demands for money were
foiled when the staff calmly
opened up the safes to reveal
rows of empty shelves.
Unfortunately, robbers were
let down by their ignorance of
the republic’s finances. No
money had been delivered to
any of the banks in Baku for
the previous two months.
1.3. John Nashid from New York held up a bank in Bronx and got
away with $ 17,000. He then led the police on a five-mile car chase through
back streets, throwing fistfuls of dollars out of the window in an attempt to
hold up pursuit. To a certain extent it may have worked, as $6,300 of his
haul wasn’t recovered; but it also left a trail for the 12 cop cars chasing
him to follow. Eventually Nashid ran from his car, dived through the
window of a nearby nursing home, and was finally captured near a garbage
bin at the rear of the building. He had entered the bank draped in a sheet
with holes cut out for his eyes, and was immediately nicknamed ‘Casper
the Ghost’ by police.
1.4.	Scottish bank robber Derek Macfadden was caught because he
was too law-abiding. Gun in hand, he held up a bank at Giffnock, near
Базовый курс	243
Glasgow, and then raced off in his getaway car with £4,000. Despite being
pursued by police, he halted at a red traffic light, where he was promptly
arrested.
1.5.	A man arrived at a bank in East Hartford, Connecticut. He was
wearing a blue bandanna across his face and brandishing a pistol as he
yanked at the door, only to find it was locked. The bank had actually closed
at 3:00. After staring at the door for a few seconds, the man ran off into a
small black car. Staff still inside the bank called the police, but no arrest
was made.
Perhaps even later in arriving was the gang who spent the night cutting
their way into a Lloyds Bank in Hampshire, England. They cut bars with a
hydraulic saw, wrenched out a security grille, and punched a hole through
a wall. The only problem was that the bank was closed down four years
earlier, and the building was empty.
1.6.	From Florence, Italy, is a tale in which the guards got it wrong:
security men were all too eager to help a man with his foot in a cast as he
hobbled into a bank on metal crutches. Ignoring the alarm from the metal
detector at the bank’s entrance, they guided the apparently disabled man
to a cashier’s register. There he dropped his crutches, pulled a gun, and
grabbed $40,000 before sprinting away.
1.7.	Michael Norton stole two security cameras from the lobby of a
bank. The cops were sure it was Norton, one of the neigbourghood
characters, because the last pictures the cameras took showed him
unscrewing them from the wall mountings. Detective Thomas Hickey set
off to cruise the streets and eventually found Norton. “Hey”, called Hickey.
“Could you explain to me how come the bank has your picture?” “I didn’t
rob the bank,” Norton protested. “I just took the camera.” Oops...
2.	Muggers
2.1. After he had been robbed of $20 in Winnipeg, Canada, Roger
Morse asked for his wallet back. The mugger agreed, handed over his own
wallet by mistake, and fled —
leaving Roger $250 better off.
2.2.	In Camden, New
Jersey, Clarence Gland and
Kin Williams were taking a
late-night stroll when a car
pulled up and two men got out.
One of them produced a long
black snake and shoved it
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toward Gland’s face, and while the couple stood rigid, his associate made
off with cash, a personal stereo, and a wristwatch. A snake expert later
identified the reptile from its description as a completely harmless rat snake.
In other words, it was not loaded.
2.3.	A gun-toting mugger made a bad mistake when he held up a man
who was walking home through an alley in West Virginia. Finding his
victim was carrying only $13, he demanded a check for $300. The man
wrote out the check, and the thief was caught the next day when he tried to
cash it. As the cops said afterward: “The crook wasn’t very bright.”
2.4.	An Italian who turned to snatching handbags to finance his drug
addiction came unstuck, when he robbed his own mother by mistake. The
woman was walking along the street when her son, who didn’t see her face
until it was too late, sped past on a motorcycle and snatched her bag.
Recognizing him, his mother was so angry she reported him to the police.
2.5.	Belgian police quickly solved two Brussels street robberies when
they heard the victims’ description of the culprit: he was wearing a bright-
yellow jacket and had a cast on one leg. The man was caught within 15
minutes of his second robbery.
2.6.	Purse snatcher Daniel Pauchin ended up in hospital, when he
tried to rob two women in a street in Nice, France. The victims were burly
transvestites who beat him up and left him with broken ribs.
2.7.	Mandy Hammond from Arnold, England, went out with two
friends. As they waited for a taxi, a man walked up to them and demanded
Mandy’s lipstick and eyeshadow. The group thought he was joking, but he
then pulled a gun, held it to her friend Paul Upton’s head and announced,
“Don’t laugh. I’ve got a gun, and I’ll shoot if you haven’t got any lipstick.”
Lipstick was promptly produced, and the man strolled off. In the same
month a gunman struck in Scarborough, England. Wearing a hood and
dark glasses, he forced a pharmacist assistant, at gunpoint, to fill a bag
with pimple cream. Police were said to be “puzzled”.
3.	Thiefs
3.1.	Edward Williams of Houston, Texas, was fined $10,000 and put
on 10 years’ probation. He had formerly been a storeroom supervisor at
Houston’s Jefferson Davis Hospital, and he had been convicted of stealing
79,680 rolls of toilet paper. No one knew for sure what he’d done with the
purloined paper.
3.2.	Thieves slipped into a dental office in Hatch End, England in
February 2003. Having climbed on the roof and forced a window, they
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245
made a thorough search of the premises, ignored expensive drugs and
valuable equipment, and made off with several toothbrushes.
3.3.	The day after winning $640,000 in Italy’s national lottery, Flavio
Maestrini was arrested for stealing $400 from a shop. Appearing in court,
he explained that he didn’t enjoy spending money unless it was stolen.
3.4.	A Russian man arrived at his country retreat near Arkhangelsk,
Russia, on the White Sea and found the entire house stolen, complete with
outhouses and fences, leaving just a vegetable patch.
3.5.	Members of a British Rail cricket team turned up for the first
match of the season at their field near Kidderminster, England. The pavilion
had disappeared. How one steals an eight-room building without anyone
noticing remains a mystery.
3.6.	Alan Omonde appeared in court in Uganda on the charge of
stealing an old man’s big edible rat. Omonde was given 12 strokes of the
cane for stealing John Onyait’s smoked rat, while Onyait lamented that
he’d been deprived of his favourite dish. Omonde was also ordered to hunt
down and trap five more edible rats as a fine payable to his elderly victim.
4.	Escape Artists
4.1.	Two prisoners tried to escape from an appearance at a court in
Watford, England. Forgetting that they were handcuffed together, they ran
on either side of a lamppost. Having hurtled into one another, the stunned
pair was grabbed by the guard and bundled into a waiting prison van.
4.2.	Relatives bribed a prison guard to smuggle a bunch of bananas to
an inmate at Pecs, Hungary. Unfortunately the guard ran into the prison
commander, and apparently unaware that there might be anything wrong
with them, offered him his choice of the fruit. Needless to say, the
commander chose the wrong banana, bit into the metal file contained within,
and had the guard up on charges.
4.3.	A certain Mr. Jorgen appeared on a Danish TV quiz show and
easily outclassed his opponents. He was just about to take off with nearly
$700 and a vacation for two in Marbella, Spain, when the producer took
him aside: it seemed security wanted a word. Jorgen had been on the run
for the previous 18 months, and his TV-addict prison officer had recognized
him.
4.4.	Double murderer David Graham was only too obliging when
prison officers in Florida asked him to try to escape so they could test a
new tracking dog. They even gave him a 30-minute start. Graham did his
part perfectly, but the dog didn’t. Local police were called in to join the
search, but Graham was long gone. A much better sniffer dog was employed
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at a jail in Mexico City, Mexico. It found Darren Brown hiding in a laundry
van — which probably saved Brown a great deal of disappointment, as the
laundry van’s immediate destination was another prison.
4.5.	Three imprisoned robbers broke out of a new jail in Aixen-
Provence, France by climbing ladders left behind by workmen. The workers
had been erecting wires intended to deter helicopter-aided escapes from
the prison yard, but in preventing the high-tech breakouts, they seem to
have forgotten all about the low-tech ones.
4.6.	An unnamed man reportedly climbed the wall of Chelmsford
jail, in Essex, England, from the outside. He was carrying a rope with which
he intended to haul his brother out. The fellow lost his balance, fell into
the jail, and was arrested as he staggered around the prison yard, dazed but
unhurt.
5.	Shop-Lifters
5.1.	Steven Kemble was arrested in St. George, Utah, when he tried
to flee after shop-lifting a CD. After being briefly detained by a store clerk,
he broke free, dashed out the door, and ran into a pillar in front of the shop,
knocking himself unconscious.
5.2.	Roy Philips Downfall was the color fellow. Appearing in court
on shop-lifting charges, he wore a yellow parka, yellow shirt, yellow pants,
and a yellow tie. It was a similar dress that drew him to the attention of the
store detective at a supermarket in Oldham, England, where everything he
was after had a yellow connection: jellies, mustard, cheese, three pairs of
socks, and two pairs of underpants. He was given a one-month suspended
sentence.
5.3.	In Johannesburg, South Africa, a shop-lifter with a passion for
cheese was caught for the sixth time after stealing Gouda and Cheddar.
Cleopas Ntima told police he had paid for his other groceries, but said
‘voices’ told him to take the cheese.
6.	Robbers
6.1.	Mr. Wazir Jiwi was the only clerk in a late night shop in Houston,
Texas, when he found himself looking at two pistols. “You don’t need
two,” he told the bandit. “Why don’t you sell me one of them?” The gunman
named his price at $ 100; Jiwi handed over the cash and was given the gun.
As he placed it under the counter, he pushed the button that locked the
shop door. They then agreed on the price for the other gun. The outlaw
grabbed the second bundle of cash, put his other pistol on the counter, and
Базовый курс
247
tried to leave. When he found he could not get out, Jiwi told him to bring
the money back and he would let him go. And he did let him go, presumably
guessing that anyone that stupid would get arrested soon enough anyway.
6.2.	An armed man in Groiningen, northern Holland, handed a
shopkeeper a note demanding money. The man behind the counter took
one look and then wrote his own terse reply: “Bugger off’ (or the nearest
Dutch equivalent). And the gunman did, too, fleeing empty-handed.
6.3.	When John Gregory came to trial, the tale that came out was one
of high farce rather than high drama. Gregory and an accomplice had
attempted to rob a video-shop in Feltham, England, but unfortunately they
were so dense, they thought the shop’s type-writer was the cash register
and ordered the manager, at gunpoint, to “open it up”. Even after they’d
spotted their mistake, they still managed to grab only five pounds before
their shotgun went off accidentally, which scared them so much they fled,
dropping the cash in the shop’s doorway. The net return for the robbery
was no money and 4 years’ youth custody.
6.4.	A robber armed with a sausage raided a shop in Graz, Austria,
and escaped with 1,600 shillings. Storekeeper Rudy Buckmeister was hit
over the head with the ten-pound sausage. “It felt like a baseball bat,” he
said.
6.5.	Clive Bunyan burst
into a store near Scarborough,
England, brandishing a toy
revolver and wearing a crash
helmet and a mask. He got the
shop clerk to hand over 250
pounds and fled outside to his
motorcycle. However, he’d
forgotten that written on his
helmet in inch-high letters was “CLIVE BUNYAN — DRIVER”. He was
sentenced to 200 hours of community service.
7.	Burglars
7.1.	Having broken into a Hong Kong garment factory and found
nothing worth stealing, burglar Yu Kin-Fong left a note saying: “Put some
money here next time or I’ll set fire to your factory. You make me do this
for nothing. I can’t even find 10 cents.” He was tracked down and sentenced
to three years.
7.2.	Gloria Smile opened the door to find the reformed burglar in his
twenties standing on her doorstep. Returning to the scene of his crimes in
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The Best of Just English
Westcliff, England, the young man said he had found God, apologized to
her and handed her a shopping bag containing a silver coffeepot, creamer,
and sugar bowl. Unfortunately he’d gone to the wrong house; Ms. Smile
hadn’t been his victim.
7.3.	Two burglars raiding the Browns family home in Coventry,
England got a little help from four-year-old Russell Brown. He got up to
investigate when he heard a noise at 3 a.m., but the strangers he found in
the darkened living room whispered that they were friends of his mommy
and daddy who had come to borrow the stereo, VCR, and TV, but didn’t
want to disturb them because it was so late. Russell was delighted to help,
and held the back door open for his visitors as they left with their haul,
before going back upstairs to bed. The men were later arrested and the
property recovered.
7.4.	Two 78-year-old burglars were caught red-handed in a house in
San Paolo, Brazil, when the occupants of the house returned unexpectedly.
The one inside was too deaf to hear the warning of his accomplice outside,
and the lookout man was not fit enough to escape.
7.5.	Three burglars who broke into a cottage found nothing inside,
literally. It was a front, held up by scaffolding and used by BBC for filming
a drama at Ewenny, Wales.
8.	‘Miscelleaneous’ Crooks
8.1.	In the Tasmanian town of Launceton, Don Desmond Davey was
fined $1,600 for quacking like a duck on his radio transmitter. He was
convicted of broadcasting something that was not speech, and ordered to
hand over his radio as well. Shortly before Barry Brownless of London
was fined 1,400 pounds for barking at a police dog. He was found guilty of
using threatening behavior.
8.2.	A man was arrested in Bangkok, Thailand charged with
impersonating a police officer. Using a stolen uniform, he had spent two
months posing as a traffic cop in order to extort money from motorists. He
finally came unstuck when a senior officer passed by on an inspection tour
and he saluted with the wrong hand.
8.3.	Pickpocket Mario Palumbo thought he was going to have another
good day at the races as he mingled with a 75,000-strong crowd in Monza,
Italy. Unfortunately, his chosen victim turned out to be Pietro Fontana,
who was not only a cop but the head of Milan’s anti-pickpocket squad.
Apparently known as the King of the Pickpockets, Palumbo was said to
have remarked on his arrest: “When they hear of this in Naples, I will die
of shame.”
Базовый курс	249
8.4.	John Gilmer of Goole, England, was arrested for drunken driving
but the police left him alone for a moment. Seizing his opportunity, he
stole the police car and drove off. He would probably have got away with
it, driving along dark Yorkshire lanes, but for one thing: he had no idea
how to turn off the patrol car’s flashing blue light. The police simply
followed the light and arrested him when he gave up and parked by a
riverbank.
8.5.	Unemployed DavidMorris, 21 from Beckenham in Kent, England,
was passing the time before a date with his girlfriend when he wrote a note
reading “I have a gun in my pocket and I’ll shoot it off unless you hand
over the money”. He then went into three shops and passed the note over
the counter. At the drugstore an assistant refused to accept the note because
she thought it was an obscene suggestion. Next door in a hardware store a
sales clerk shook his head and said he could not read English. Morris then
went into a take-out restaurant, but the cashier couldn’t read the note without
his glasses. Morris asked for it back and hung around the street outside.
Arrested soon afterward he told the police: “I’ve been a twit... I only
pretended to have a gun.” He was put on probation for two years.
9.	Outrageous Lawsuits
9.1.	A woman in Israel is suing a TV station and its weatherman for
$1,000 after he predicted a sunny day and it rained. The woman claims the
forecast caused her to leave home lightly dressed. As a result, she caught
the flu, missed 4 days of work, spent $38 on medication and suffered stress.
9.2.	A woman dropped some burglar bars on her foot. She claimed
that her neighbour, who was helping her carry the bars, had caused the
accident. The neighbour’s insurance company offered to settle the dispute
by paying her medical bills, but she refused. She wanted more and sued for
damages, including “pain and suffering.” The jury took only 17 minutes to
unanimously decide that the woman was fully responsible for her own
injuries. The innocent neighbour had to pay $4,700 in defense costs. The
two are no longer friends.
9.3.	A jury awarded $178,000 in damages to a woman who sued her
former fiancee for breaking their seven-week engagement. The breakdown:
$93,000 for pain and suffering, $60,000 for loss of income from her legal
practice, and $25,000 for psychiatric counseling expenses.
9.4.	Inmates at a county jail sued for cruel and unusual living
conditions: bunk beds, cells lacking a sink and toilet, and no way to exercise
in winter. These criminals were awarded $2 million dollars, paid by the
taxpayers of Massachusetts. Each inmate who was a party to the suit got
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$10 tax-free, for each day he was jailed. Their award included damages
plus 12 per cent interest from the time the case was settled until the time
they collected their windfall.
9.5.	John Carter, a New Jersey man sued McDonald’s for injuries he
sustained in an auto accident with one of their customers. He claimed that
the customer who hit him did so after spilling the contents of his chocolate
shake (which he purchased from McDonald’s) onto his lap while reaching
over for his fries. He alleged that McDonald’s sold their customer food
knowing he would consume it while driving and without announcing or
affixing a warning to the effect “don’t eat and drive.” The court concluded
that McDonald’s had no duty to warn customers of obvious things which
they should expect to know, but refused McDonald’s request for attorney’s
fees stating that the plaintiffs attorney was “creative, imaginative and he
shouldn’t be penalized for that.” This case was in the court system for
three years, underwent appellate court review and cost McDonald’s over
$10,000.
9.6.	An American woman was treated by a psychiatrist, became
romantically involved with him, and subsequently married him. After more
than five years of marriage they divorced, at which time the woman sued
her ex-husband for psychiatric malpractice and negligence claiming that
the romantic or sexual relationship between them started before the formal
psychiatric treatment ended. She contended that her ex-husband had
breached the standard of care as a psychiatrist by becoming romantically
involved with her, and sought general, special and punitive damages.
9.7.	A surfer recently sued another surfer for “taking his wave.” The
case was ultimately dismissed because they were unable to put a price on
“pain and suffering” endured by watching someone ride the wave that was
“intended for you.”
9.8.	A man sued a lemonade company for $ 10,000 for false advertising.
He claimed that he suffered physical and mental injury and emotional
distress from the implicit promises in the advertisements. When he drank
the beverage, success with women did not come true for him plus, he got
sick. The Michigan Court of Appeals affirmed a lower-court decision
dismissing the case.
Just
English
xt& оа Д**#
ШИХ ЮРИСТОВ
ДЛЯ БУДУ
“Let reverence for the law ...be taught in schools. Let it be
written in primers, spelling books, almanacs. Let it be
preached from the pulpit, proclaimed from the legislative
halls and enforced in courts of justice. In short, let it become
the political religion ofthe nation and let the old and young,
the rich and the poor, of all sexes and tongues and colors
and conditions sacrifice unceasingly upon its altars. ”
Abraham Lincoln
INTRODUCTION
FOR TEACHERS AND STUDENTS
ПОСЛЕДОВАТЕЛЬНОСТЬ РАБОТЫ
С ТЕКСТОМ
Для отработки навыков последовательного перевода работу с
текстом целесообразно осуществлять следующим образом:
1)	прочесть текст целиком, не пользуясь словарем (просмотро-
вое чтение);
2)	работать с каждым предложением, выписывая слова из сло-
варя и подбирая необходимые значения (анализирующее чтение);
3)	прочесть текст еще раз, последовательно переводя его на рус-
ский язык, останавливаясь на местах, трудных для чтения и перевода
(синтезирующее чтение);
4)	для отработки соответствующих навыков целесообразно под-
готовить письменный перевод текста.
Типы чтения
Просмотровое чтение служит для определения общего содер-
жания текста. Это очень важный этап, которым не стоит пренебре-
гать. Он дает общее представление о характере текста, его направ-
ленности и стиле и облегчает поиски правильного перевода.
Например, в тексте, где речь идет о мебели, chair — стул, пред-
мет обстановки; в тексте про администрацию университетских фа-
культетов Chair — кафедра, а в тексте про парламентские дебаты
Chair — председатель.
Анализирующее чтение служит непосредственно для опреде-
ления содержания текста. На этом этапе обращается внимание как на
чтение незнакомых слов, так и на их перевод. При этом следует пользо-
ваться словарем.
Синтезирующее чтение помогает воспринять текст как общее
целое с учетом информации, почерпнутой в словаре. На этом этапе
создается целостный устный перевод текста.
Принципы работы со словарем
Для того чтобы работа с текстом была наиболее продуктивной,
словарь должен включать не менее 45 тыс. словарных статей.
101 Texts on Law
255
Лексикографические принципы описаны в начале каждого словаря.
Авторы рекомендуют ознакомиться с ними, а также с системой спе-
циальных помет, используемой в данном словаре. Тогда будет зна-
чительно проще ориентироваться во всем многообразии словарных
значений и находить те, которые нужны для данного контекста. На-
ряду с традиционными печатными изданиями рекомендуется также
пользоваться электронными словарями, такими как Mulitilex 2.0 или
Lingvo 7, так как помимо общеупотребительной лексики они содер-
жат специальные юридические термины и понятия. Однако не сле-
дует увлекаться портативными электронными словарями-перевод-
чиками, так как их словарный запас весьма ограничен и переводы не
всегда адекватны. Например, значения могут даваться в алфавитном
порядке, тогда как обычный словарь выделяет первое, второе и т.д.
значения слова.
Работа с незнакомыми словами
При поиске незнакомых слов в словаре следует:
1.	Определить часть речи и морфологический состав слова (зна-
чения некоторых слов следует искать без приставок); выписать в свой
“словарик” начальную форму слова.
2.	Найти слово в словаре, выписать транскрипцию данного сло-
ва (включая ударение).
3.	Выбрать из словарной статьи подходящее по контексту зна-
чение и выписать его. Если нет перевода, который бы в точности
соответствовал смыслу данного предложения, выписать ближайший
по значению, а также записать свой вариант контекстуального пере-
вода. При устной презентации перевода рекомендуется пользоваться
записями, сделанными в ходе работы с текстом, как при чтении, так
и при переводе.
Наиболее полному пониманию текста при работе индивидуаль-
но или в учебных группах способствует выполнение следующих ви-
дов работы: постановка вопросов к тексту и ответы на вопросы по
содержанию текста.
Постановка вопросов к тексту
•	Общий вопрос — General question / ‘Yes— No’ question
•	Альтернативный вопрос — Alternative question / ‘Or’ question
•	Разделительный вопрос — Disjunctive question / ‘Tag’ question
•	Специальный вопрос — Special question / ‘Wh- ’ question
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The Best of Just English
•	Вопрос к подлежащему* — Question referring to the subject of
the sentence / Who — What’ question
Вопросы рекомендуется задавать к разным предложениям. Воп-
росы должны иметь смысловую и стилистическую законченность.
Предлагаем использовать нижеследующие образцы работы с
текстами для дальнейшей самостоятельной работы или для занятий в
учебных группах.
text 1
THE ENGLISH POLITICAL HERITAGE**
During the 1600s people from many regions, such as Spain, the
Netherlands. France, Sweden, Norway, and West Africa, settled in North
America. Most colonists, however, came from England. It was the English
who established and governed the original thirteen colonies along the
Atlantic coast.
The English colonists brought with them ideas about government
that had been developing in England for centuries. By the 1600s the English
government offered its citizens political liberties, such as trial by jury, that
were largely unknown elsewhere. At the heart of the English system were
two principles of government. These principles — limited government
and representative government — greatly influenced the development of
the United States.
By the time the first colonists reached North America, the idea that
government was not all-powerful had become an accepted part of the
English system. The idea first appeared in the Magna Carta***, or Great
Charter, that King John signed in 1215. The Magna Carta established the
principle of limited government, in which the power of the monarch, or
government, was limited, not absolute. This document provided for
protection against unjust punishment and the loss of life, liberty, and
property except according to law. Under the Magna Carta, the king agreed
that certain taxes could not be levied without popular consent.
The rights in the Magna Carta originally applied only to the nobility.
During the next few centuries, however, other groups won political liberties,
primarily through agreements between English monarchs and the nobility
and merchants.
* этот подтип специального вопроса отличается прямым порядком слов и
отсутствием вспомогательного глагола
** В образце текста подчеркнуты те слова и выражения, которые могут выз-
вать затруднения при чтении и переводе
*** Magna Carta — Великая Хартия Вольностей
101 Texts on Law
257
I. Просмотровое чтение
Следует прочитать текст и определить его основную тематику.
В данном случае не только само название текста, но и словосочета-
ния, такие как: ideas about government, 1600s, political liberties,
principles of government, подсказывают, что речь идет о неких прин-
ципах управления государством в исторической перспективе.
II. Работа со словарем
Предположим, что следующие слова и выражения вызвали зат-
руднения:
1.	heritage — ['hentid3] — наследство, зд. наследие. Предлага-
емое словарем первое значение не соответствует стилистике текста,
так как оно не сочетается с определением ‘политическое’.
2.	the Netherlands — ['nedaeolondz] — Нидерланды, Голлан-
дия. Географические названия даны в конце словаря отдельным спис-
ком.
3.	to settle — ['setl] — поселяться, обосновываться, заселять.
Слово обладает большим количеством значений, поэтому необходи-
мо руководствоваться контекстом: — settled in North America.
4.	government — ['gAv(a)nmont] — правительство, власть,
форма правления, управление. Слово обладает большим количе-
ством значений, поэтому необходимо руководствоваться контекстом
(см. Комментарий к тексту).
5.	trial by jury — ['traiol]; ['бзиэп] — судебное разбиратель-
ство с участием присяжных. Словари достаточного объема пред-
лагают перевод всего словосочетания, помещая его под рубрикой
юр.
6.	largely — ['la:63li] — в значительной степени, в основном,
зд. практически.
7.	elsewhere — ['els'we о] — (где-нибудь) в другом месте, зд.
где бы то ни было, нигде.
8.	all-powerful — ['o:l'pauoful] — всемогущий, обладающий
всей полнотой власти. Слово состоит из двух компонентов, в слова-
ре оно может отсутствовать, но, зная перевод обоих компонентов,
легко вывести значение целого.
9.	monarch — ['тэпэк] — монарх. Следует обратить особое
внимание на произношение.
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The Best of Just English
10.	to provide for — [prs'vaid] — предусматривать, обеспечи-
вать. Слово provide обладает большим количеством значений, по-
этому необходимо обратить внимание на предлог ‘for’ и контекст.
11.	unjust—['And3Ast]—несправедливый.В словах подобного
рода значение часто можно вывести, зная общее значение приставки
и корня: ‘un-’ отрицательная приставка + ‘just’ — справедливый.
12.	to levy (taxes) — ['levi] — взимать, собирать налоги. В
данном случае важно понимать синтаксическую структуру предло-
жения: ‘taxes’ — подлежащее, ‘could not be levied’ — составное гла-
гольное сказуемое.
13.	consent — [kan'sent] — согласие. Следует обратить особое
внимание на ударение.
14.	originally— [э'пбзшэЬ]— первоначально. Необходимо
избежать напрашивающегося перевода этого слова как ‘оригиналь-
но’. В данном контексте, где прослеживается историческая взаимо-
связь явлений, на первый план выходит временной оттенок этого
слова.
15.	the nobility — (no(u)'biliti] — дворянство, знать. Следует
обратить внимание на наличие определенного артикля ‘the’, кото-
рый указывает на то, что данное существительное собирательное.
16.	primarily — ['prarmarili] — в первую очередь. В большин-
стве словарей можно найти лишь слово ‘primary’, означающее “пер-
воначальный, первичный”. Зная, что ‘-1у’ — продуктивный суф-
фикс наречия, легко вывести значение данного слова.
17.	merchant — ['ma:tj (o)nt] — купец. Следует обратить особое
внимание на произношение.
III. Перевод текста
Далее следует образец перевода текста на русский язык с уче-
том вышеизложенных замечаний. Жирным шрифтом выделены грам-
матические, синтаксические и стилистические трудности.
THE ENGLISH POLITICAL HERITAGE During the 1600s people from many regions, such as Spain, the Netherlands, France, Sweden, Norway, and West Africa, settled in North America. Most colonists, however, came from England. It was the English who established and governed the original thirteen colonies along the Atlantic coast.	АНГЛИЙСКОЕ ПОЛИТИЧЕСКОЕ НАСЛЕДИЕ В течение 17 века выходцы из многих стран и областей, таких как Испания, Нидерланды, Франция, Швеция, Норвегия, Западная Аф- рика, обосновались в Северной Америке. Од- нако большинство поселенцев было из Анг- лии. Именно англичане основали первые три- надцать колоний на Атлантическом побере- жье и стали ими управлять.
101 Texts on Law
259
The English colonists brought with
them ideas about government that had
been developing in England for
centuries. By the 1600s the English
government offered its citizens
political liberties, such as trial by jury,
that were largely unknown elsewhere.
At the heart of the English system were
two principles of government. These
principles — limited government
and representative government —
greatly influenced the development of
the United States.
By the time the first colonists reached
North America, the idea that gov-
ernment was not all-powerful had
become an accepted part of the English
system. The idea first appeared in the
Magna Carta, or Great Charter, that
King John signed in 1215. The
Magna Carta established the principle
of limited government, in which the
power of the monarch, or government,
was limited, not absolute. This
document provided for protection
against unjust punishment and the loss
of life, liberty, and property except
according to law. Under the Magna
Carta, the king agreed that certain
taxes could not be levied without
popular consent.
The rights in the Magna Carta
originally applied only to the nobility.
During the next few centuries,
however, other groups won political
liberties, primarily through agreements
between English monarchs and the
nobility and merchants.
Английские поселенцы привезли с собой идеи
о государственном управлении, которые вы-
рабатывались в Англии на протяжении веков.
К началу 17 века английская государственная
система уже предоставляла своим гражданам
такие политические свободы, как судебное раз-
бирательство с участием присяжных, которых
практически нигде больше не было. В основе
английской системы лежали два принципа уп-
равления. Эти принципы—ограничение вла-
сти и представительная (выборная) власть
— оказали большое влияние на развитие Со-
единенных Штатов.
К тому времени, как первые поселенцы дос-
тигли берегов Северной Америки, мысль о том,
что полномочия государственной власти ог-
раничены, стала одним из общепринятых прин-
ципов английской системы. Эта мысль впер-
вые появилась в Великой Хартии Вольностей,
подписанной королем Иоанном в 1215 году.
Великая Хартия Вольностей установила прин-
цип ограничения власти, в соответствии с ко-
торым власть монарха или правительства яв-
лялась не абсолютной, а ограниченной. Этот
документ обеспечивал защиту человека от не-
справедливого наказания, а также от лишения
жизни, свободы и собственности, за исключе-
нием тех случаев, когда это было предусмот-
рено законом. Согласно Великой Хартии
Вольностей монарх признавал, что нельзя взи-
мать некоторые налоги без согласия народа.
Права,закрепленные в Великой Хартии Воль-
ностей, первоначально распространялись толь-
ко на дворянство. Однако в последующие века
и другие социальные группы добились по-
литических свобод, в первую очередь благо-
даря соглашениям между английскими монар-
хами, дворянством и купечеством.
IV. Комментарий к тексту
•	During the 1600s — В течение 17 века — Следует помнить о
правилах чтения круглых дат (‘sixteen hundred-s’)-
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The Best of Just English
•	regions — стран и областей — Поскольку в данном контексте
английское слово нельзя перевести ни одним из слов “страна”, “реги-
он” или “область”, имеет смысл дать два слова.
•	It was the English who... —Именно англичане — Нужно обра-
тить внимание на наличие усилительной (эмфатической) конструк-
ции It is + noun + who/that....
•	ideas about government — идеи о государственном управлении
English government offered... — английская государственная си-
стема предоставляла...
limited government... — ограничение власти
representative government — представительная (выборная)
власть
Данный абзац требует особого внимания к переводу слова
“government”. Из контекста следует, что речь идет не о “правитель-
стве” Англии, а в первых двух случаях — о системе управления госу-
дарством, и далее — о полномочиях властных структур.
•	The idea — Эта мысль... — Это один из тех случаев, когда из
контекста ясно, какая именно идея имеется в виду.
•	the Magna Carta, or Great Charter — Великая Хартия Вольно-
стей— В тексте имеется сноска, а после текста — правильный исто-
рический перевод этого имени собственного. Если в тексте встреча-
ется одно и то же название как в латинской, так и в английской фор-
ме, достаточно дать один вариант русского перевода.
•	King John — король Иоанн — При переводе исторических имен
на русский язык следует учитывать наличие традиционных вариан-
тов. Так, например, William the Conqueror — Вильгельм Завоева-
тель, Henry VIII — Генрих Восьмой, James I — Яков Первый,
Charles I — Карл Первый, но Prince Charles — Принц Чарльз.
•	Under the Magna Carta — В соответствии с ... — Under +
law/rule/order/contract/agreement, etc. — по, согласно, в соответ-
ствии с
•	The rights in the Magna Carta — права, закрепленные в ...
•	other groups — другие социальные группы — в ряде случаев
при переводе на литературный русский язык имеет смысл добавить
поясняющее слово.
•	through (agreements) — благодаря, посредством, путем.
101 Texts on Law
261
V. Образец ответов на вопросы
по содержанию текста
1.	What political principles were brought by the colonists to America?
The English colonists brought with them the
two principles of government that were at the
heart of the English system of government at
the time: the principles of limited government
and representative government.
2.	What provisions did the Magna Carta contain?
The Magna Carta limited the monarch’s power
and provided for such civil rights as protection
against unjust punishment and loss of life,
liberty and property.
3.	Who enjoyed the rights granted by the Magna Carta?
Originally it was the nobility who enjoyed these
rights, but in the following centuries these rights
were extended to other social groups.
VI. Грамматические вопросы к тексту
1.	Общий вопрос (General Question / Yes—No Question)
Did people from many regions settle in North
America during the 1600s?
2.	Специальный вопрос (Special Question / Wh— Question)
When did King John sign the Magna Carta?
3.	Альтернативный вопрос (Alternative Question)
Did the rights in the Magna Carta originally
apply to the nobility or to the merchants?
4.	Разделительный вопрос (Disjunctive Question / Tag Question)
Most colonists came from England, didn’t they?
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The Best of Just English
5.	Вопрос к подлежащему (Question referring to the subject of the
sentence / Who— What Question)
Who signed the Magna Carta?
TEXT 2
THE PENTAGON PAPERS*
In many nations prior restraint —censorship of information before it
is published — is a common way for government to control information
and limit freedom. In the United States, however, the Supreme Court has
ruled that the press may be censored in advance only in cases relating
directly to national security. The following Supreme Court decision
illustrates this principle.
In The Pentagon Papers Case the Supreme Court reaffirmed its
position. In 1971 a Pentagon employee leaked to The New York Times a
secret government report outlining the history of the United States
involvement in the Vietnam War. This report, which became known as the
Pentagon Papers, contained hundreds of government documents, many of
them being secret cables, memos, and plans.
Realizing that the Pentagon Papers showed that former government
officials had lied to the American people about the war, The New York
Times began to publish parts of the report. The government tried to stop
further publication of the papers, arguing that national security would be
endangered and that the documents had been stolen from the Defense
Department.
A divided Court rejected the government’s claims. The Court ruled
that stopping publication would be prior restraint. Writing on behalf of the
majority. Justice William Douglas noted that “the dominant purpose of
the First Amendment to the Constitution declaring the freedom of the
press was to prohibit the widespread practice of governmental suppression
of embarrassing information.” He added: “The press was protected so that
it could bare the secrets of government and inform the people... The press
is to serve the governed and not the governors. “
* Pentagon Papers — ист. Документы Пентагона — секретное исследование
предыстории участия США в войне во Вьетнаме
101 Texts on Law
263
I. Просмотровое чтение
Следует прочитать текст и определить его основную тематику.
В данном случае название текста следует переводить только после
ознакомления с содержанием. Здесь словосочетания censorship of
information, to control information, secret government report, government
documents, to inform the people подсказывают, что речь идет о пробле-
мах государственного контроля над средствами массовой информа-
ции.
II. Работа со словарем
Предположим, что следующие слова и выражения вызвали зат-
руднения:
1.	prior restraint — ['ргагэ]; [ris'tremt] — предварительное ог-
раничение (на публикацию документов). Общее значение выра-
жения выводится из перевода его компонентов.
2.	censorship, to censor— ['sensajip]; ['sensa] — цензура, под-
вергать цензуре. Следует обратить внимание на произношение.
3.	the Supreme Court — [sju'pri:m]; ['koit] — Верховный Суд.
Это выражение приводится в словаре целиком.
4.	to rule — [ru:l] — постановлять. Поскольку данный глагол
сочетается в тексте со словом “court”, то выбирается юридическое
значение слова (пометка юр. в словарной статье).
5.	case — [keis] — судебное дело (юр.), случай. При выборе
значения следует руководствоваться контекстом.
6.	to reaffirm — ['ri:э 'f э:т] — вновь подтвердить, закрепить.
Слово состоит из приставки “ге- ”, обозначающей повторность дей-
ствия, и корня, значение которого следует искать в словаре.
7.	employee — [,empl o'i:] — сотрудник, служащий. Следует
обратить внимание на произношение.
8.	to leak— [li:k] —зд. предоставить информацию, организо-
вать утечку информации, от to leak — протекать, просочиться,
обнаружиться, стать известным (о секрете, новости).
9.	involvement — [m'volvmant] — зд. — участие. Это один из
тех случаев, когда словарное значение слова может подсказать его
неверный перевод в данном контексте. Здесь следует руководство-
ваться значением конструкции “to be involved in”, обозначающего:
“быть вовлеченным в, принимать участие в”.
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The Best of Just English
10.	cable — ['keibl] — телеграмма. Слово обладает большим
количеством значений, поэтому необходимо руководствоваться кон-
текстом.
11.	memo — ['memou]—разг. сокр. от “memorandum”—док-
ладная записка, справка.
12.	to argue — ['a:gju:] — утверждать, доказывать.
13.	to be endangered — [m'demdssd] — подвергаться опаснос-
ти.
14.	Defense Department — [di'fens]; [di'partm ant] — Министер-
ство Обороны. Следует знать, что слово “department” соответству-
ет русскому “министерство”, когда речь идет о правительственной
системе США.
15.	to reject a claim — [n'djekt]; [kleim]—отклонить иск (юр.)
— перевод данного словосочетания дается в словарной статье к сло-
ву “claim”.
16.	justice — ['d3Astis] — судья.
17.	suppression — [sa'prefn] — сокрытие, утаивание (инфор-
мации).
18.	embarrassing (information) — [ппЪ аегэ sir)] — зд. — комп-
рометирующая информация.
19.	to bare — [Ьеэ] — открывать, раскрывать.
III. Перевод текста
Далее следует образец перевода текста на русский язык с уче-
том вышеизложенных замечаний. Жирным шрифтом выделены грам-
матические, синтаксические и стилистические трудности.
THE PENTAGON PAPERS
ДОКУМЕНТЫ ПЕНТАГОНА
In many nations prior restraint —
censorship of information before
it is published — is a common way
for government to control
information and limit freedom. In
the United States, however, the
Supreme Court has ruled that the
press may be censored in advance
only in cases relating directly to
national security. The following
Supreme Court decision illustrates
this principle.
Во многих странах предварительное ограниче-
ние (на публикацию документов) — цензура ин-
формации перед ее опубликованием — является
обычным способом, при помощи которого пра-
вительство осуществляет контроль над информа-
цией и ограничивает свободу средств массовой
информации. Однако Верховный Суд Соединен-
ных Штатов постановил, что пресса может под-
вергаться предварительной цензуре только в слу-
чаях, напрямую связанных с угрозой националь-
ной безопасности. Следующее решение Верхов-
ного Суда иллюстрирует этот принцип.
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In The Pentagon Papers Case the Supreme Court reaffirmed its position. In 1971 a Pentagon employee leaked to The New York Times a secret government report outlining the history of the United States involvement in the Vietnam War. This report, which became known as the Pentagon Papers, contained hundreds of government documents, many of them being secret cables, memos, and plans. Realizing that the Pentagon Papers showed that former government officials had lied to the American people about the war, The New York Times began to publish parts of the report. The government tried to stop further publication of the papers, arguing that national security would be endangered and that the documents had been stolen from the Defense Department. A divided Court rejected the government’s claims. The Court ruled that stopping publication would be prior restraint. Writing on behalf of the majority, Justice William Douglas noted that “the dominant purpose of the First Amendment to the Constitution declaring the freedom of the press was to prohibit the widespread practice of governmental suppression of embarrassing information.” He added: “The press was protected so that it could bare the secrets of government and inform the people ... The press is to serve the governed and not the governors.”	В деле о документах Пентагона Верховный Суд закрепил свою позицию (по этому вопросу). В 1971 году сотрудник Пентагона выдал газете “Нью-Йорк Таймс” секретный правительствен- ный отчет/доклад, освещающий историю участия США в войне во Вьетнаме. Этот отчет, получив- ший известность под названием “Документы Пен- тагона”, содержал сотни правительственных бу- маг, в числе которых было множество секретных телеграмм, справок и планов. Придя к выводу, что “Документы Пентагона” сви- детельствовали о том, что бывшие правитель- ственные чиновники предоставляли американ- скому народу ложную информацию об этой войне, газета “Нью-Йорк Таймс” начала публи- кацию частей этого отчета. Правительство пред- приняло попытку остановить дальнейшую пуб- ликацию этих документов, утверждая, что это будет угрожать национальной безопасности и что эти документы были похищены из Министерства Обороны. Хотя мнения судей по этому вопросу раздели- лись, суд отклонил иск правительства. Суд по- становил, что запрет на публикацию будет рас- сматриваться как предварительное ограничение. Выражая мнение большинства членов Суда, судья Уильям Дуглас отметил, что “основная цель Первой поправки к Конституции, провозглаша- ющей свободу печати, — не допустить утаивание компрометирующей информации, часто практи- куемое правительством”. Он также заметил: “Мы защитили свободу прессы для того, чтобы она могла раскрывать секреты правительства и ин- формировать общественность... Именно инте- ресам общественности, а не правителей долж- на служить пресса”.
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IV. Комментарий к тексту
•	nation — страна — Необходимо избежать напрашивающего-
ся перевода этого слова как “нация” и выбрать нужное значение из
словарной статьи.
•	...is a common way for government to control information... — ...
является обычным способом, при помощи которого правительство
осуществляет контроль над информацией... — в ряде случаев при
переводе имеет смысл добавить поясняющее слово или выражение.
См. также далее в тексте: с угрозой, по этому вопросу, он также
заметил, что...
•	In the United States, however, the Supreme Court has ruled... —
Однако Верховный Суд Соединенных Штатов постановил... — Сле-
дует обратить внимание на порядок слов в русском переводе.
•	the New York Times — Нью-Йорк Таймс — Названия журналов
и газет не переводятся, а даются в транслитерации.
•	about the war — об этой войне; of the papers — этого отчета
— Это один из тех случаев, когда из контекста ясно, какая именно
война и какой отчет имеются в виду.
•	a divided Court... —Хотя мнения судей по этому вопросу раз-
делились... — Здесь нужно прибегнуть к пояснительному переводу.
•	Writing on behalf of the majority... — Выражая мнение боль-
шинства... — В связи с отсутствием в русском языке деепричастия
от глагола “писать”, следует перефразировать все выражение.
•	... inform the people... — информировать общественность...
— Следует выбрать стилистически подходящий вариант перевода.
•	The press is to servethe governed and notthe governors. —Именно
интересам общественности, а не правителей должна служить прес-
са. — В английском предложении в центре внимания находится про-
тивопоставление the governed and not the governors. Для адекватного
перевода необходимо изменить порядок слов в русском варианте.
Также следует обратить внимание на собирательный характер слов
the governed и the governors.
V. Образец ответов на вопросы по содержанию текста
1.	Is there censorship of information in the US?
Yes, there is, but, according to the Supreme
Court’s decision, the press may be censored in
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	advance only in cases when national security is endangered.
2.	What event in American history is the Pentagon Papers Case related
to?
	The Pentagon Papers Case is related to the Vietnam War.
3. Why did the Court reject the government’s claims?
	The Supreme Court rejected the government’s claims on the grounds that stopping the publication of the documents would be contrary to the First Amendment to the US Constitution. or ...on the grounds that the press should be protected to ensure that the people are well informed about the activities of their government.
4. Whose interests do you think the press should serve in a democratic
society?	As it is mentioned in the text, the press is to serve the_govemed and not the governors — so it should serve the interests of the people. VI. Грамматические вопросы к тексту
1. Общий вопрос (General Question / Yes— No Question)
	Is prior restraint a common way for government to control information?
2. Специальный вопрос (Special Question / Wh— Question)
	Why did the government try to stop further publication of the papers?
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3.	Альтернативный вопрос (Alternative Question)
Was William Douglas a Supreme Court Justice
or a Pentagon employee?
4.	Разделительный вопрос (Disjunctive Question / Tag Question)
The Supreme Court rejected the government’s
claims, didn’t it?
5.	Вопрос к подлежащему (Question referring to the subject of the
sentence / Who— What Question)
Who began to publish parts of the report?

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AUTOCRACY
Governments can be classified in many ways. The most time-honored
system comes from the ideas of the ancient Greek philosopher, Aristotle*.
It is based on a key question: Who governs the state? Under this system of
classification, all governments belong to one of the three major groups:
autocracy—rule by one person; oligarchy — rule by a few persons; and
democracy — rule by many persons.
Any system of government in which the power and authority to rule
are in the hands of a single individual is an autocracy. This is the oldest
and one of the most common forms of government. Historically, most
autocrats have maintained their positions of authority by inheritance or
the ruthless use of military or police power. Several forms of autocracy
exist. One is absolute or totalitarian dictatorship. In a totalitarian
dictatorship, the ideas of a single leader or group of leaders are glorified.
The government seeks to control all aspects of social and economic life. In
such dictatorships, government is not responsible to the people, and the
people lack the power to limit their rulers.
Monarchy is another form of autocratic government. In a monarchy a
king or a queen or an emperor exercises the supreme powers of government.
Monarchs usually inherit their positions. Absolute monarchs have complete
and unlimited power to rule their people. Absolute monarchs are rare
today, but from the 1400s to the 1700s, kings or queens with absolute
powers ruled most of Western Europe. These monarchs based their power
on the idea of divine right. This view held that God granted those of royal
birth the right to rule their people. Any challenge to or revolt against a
monarch was regarded as a sin as well as treason. During the 17th and 18th
centuries in Europe, the belief that the people were sovereign replaced this
idea. The ruler’s power came not from God but from the people.
1.	Who is an autocrat?
2.	What are the forms of autocracy?
3.	How have the ideas about the forms of government developed through the
centuries?
Aristotle — ['aeristotl] — Аристотель
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MONARCHY
Monarchy is a form of government in which one person has the
hereditary right to rule as head of state during his or her lifetime; the term
is also applied to the state so governed. The power of the monarch varies
from absolute to very limited. Throughout history many monarchs have
enjoyed absolute power, which, they claimed, was granted by God.
By the Middle Ages the monarchical system of government had spread
over Europe. It was often based on the need for a strong ruler who could
raise and command military forces to defend the country. European
monarchies were dynastic, and the throne usually passed to the eldest son.
With the rise of nation-states, power became centralized in the hands of
the sovereigns. At first these rulers were supported by the growing middle
class, or bourgeoisie, who benefited from a strong central government that
maintained order and provided a stable atmosphere in which trade could
flourish.
However, abuses of power, so frequent during this period, put an
end to many absolute monarchies. Revolutions in England in the 17th century
and in France in the 18th century were major landmarks in the limitation of
absolute power.
The modem concept of a limited, constitutional monarchy arose slowly
throughout much of Europe. During the 19th century, parliamentary
authority grew while royal power became limited. Most of the modem
monarchies perform merely ceremonial functions and are considered the
symbols of national identity.
I.	What is monarchy?
2.	Why did monarchies spread in Europe?
3.	Why did bourgeoisie support monarchy at first?
4.	How did the attitude to monarchy change during the 17—18‘h centuries?
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WESTERN MONARCHIES
Monarchy is a form of government in which one person has the
hereditary right to rule as head of state during his or her lifetime; the term
is also applied to the state so governed. The power of the monarch varies
from absolute to very limited; the latter is exemplified in modern-day
constitutional monarchies and throughout history many monarchs have
wielded absolute power, sometimes based on their presumed divinity.
By the Middle Ages the monarchical system of government had spread
over Europe, often based on the need for a strong ruler who could raise and
command military forces to defend the country. European monarchies
were dynastic, with the throne usually being passed on to the eldest son or
nearest male descendant. Many medieval rulers obtained soldiers and
weapons from the feudal lords and thus were dependent on the allegiance
of the nobility to maintain their power. With the decline of feudalism and
the rise of nation-states, power became centralized in the hands of the
sovereigns. At first these rulers were supported by the growing middle
class, or bourgeoisie, who benefited from a strong central government that
maintained order and provided a stable atmosphere in which trade could
flourish.
However, abuses of power, as well as growing dissatisfaction among
the bourgeoisie, helped bring about the end to many absolute monarchies;
revolutions in England in the 17th century and in France in the 18th century
were major landmarks in the limitation of absolute power.
The modem concept of a limited, constitutional monarchy arose slowly
throughout much of Europe. During the 19th century, parliamentary
authority grew while royal power diminished. Many Western monarchies
ceased to exist after World War I, including those in Russia, Germany,
and Austria. Some constitutional monarchies still survive, primarily as
symbols of national unity. Among the most enduring are those of Great
Britain, the Netherlands, Norway, Sweden, Denmark and Belgium.
I.	What definition of monarchy do we find in the text?
2.	What was the general tendency of the development of monarchy throughout the
centuries?
3.	Name two major landmarks in the limitation of monarch’s absolute power. What
are the most enduring monarchies of modern Europe?
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OLIGARCHY
Over the centuries, people have
organized their governments in many
different ways. In Saudi Arabia, for
example, the ruling royal family controls
the government and its resources. Family
members choose the king from among
themselves. Thousands of miles away,
in Burkina Faso in Africa, a small group
of wealthy landowners and military
officers governs that country. In Sweden
the people elect the Riksdag, the national legislature, which in turn selects
the prime minister to carry out the laws. The United States has established
a representative democratic government that has served as a model for
many other countries around the world. Yet other forms of government
outnumber true democracies.
Governments can be classified in many ways. The most time-honored
system comes from the ideas of the ancient Greek philosopher, Aristotle.
It is based on a key question: Who governs the state? Under this system of
classification, all governments belong to one of the three major groups:
autocracy — rule by one person; oligarchy — rule by a few persons; and
democracy — rule by many persons.
An oligarchy is any system of government in which a small group
holds power. The group derives its power from wealth, military power,
social position, or a combination of these elements. Sometimes religion is
the source of power.
Both dictatorships and oligarchies sometimes claim they rule for the
people. Such governments may try to give the appearance of control by the
people. They might hold elections, but offer only one candidate, or control
the election results in other ways. Such governments may also have some
type of legislature or national assembly elected by or representing the
people. These legislatures, however, only approve policies and decisions
already made by the leaders. As in a dictatorship, oligarchies usually
suppress all political opposition — sometimes ruthlessly.
1.	What is oligarchy?
2.	What is Aristotle's classification of the types of government?
3.	*What do you think is the difference between oligarchy and dictatorship?
10*
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DEMOCRACY
A democracy is any system of government in which rule is by the
people. The term democracy comes from the Greek demos (meaning “the
people”) and kratia (meaning “rule”). The ancient Greeks used the word
democracy to mean government by the many in contrast to government by
the few.
Pericles*, a great leader of ancient Athens, declared, “Our constitution
is named a democracy because it is in the hands not of the few, but of the
many.” The key idea of democracy is that the people hold sovereign power.
Abraham Lincoln best captured this spirit by describing democracy as
“government of the people, by the people, and for the people.”
Democracy may take one of the two basic forms. Indirect democracy
the people govern themselves by voting on issues individually as citizens.
Direct democracy exists only in very small societies where citizens can
actually meet regularly to discuss and decide key issues and problems.
Direct democracy is still found in some New England town meetings and
in some of the smaller states, called cantons of Switzerland. No country
today, however, has a government based on direct democracy.
In indirect or representative democracy the people elect
representatives and give them the responsibility and power to make laws
and conduct government. An assembly of the people’s representatives
may be called a council, a legislature, a congress, or a parliament.
Representative democracy is practiced in cities, states, provinces, and
countries where the population is too large to meet regularly in one place.
Nowadays, the terms representative democracy, republic, and
constitutional republic mean the same thing: a system of limited government
where the people are the ultimate source of governmental power.
1.	What is the key idea of democracy?
2.	Describe the two basic forms of democracy.
3.	Why is it impossible to establish direct democracy within a whole state?
* Pericles— ['penkli:z] —Перикл
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ELEMENTS OF DEMOCRACY
All genuine democracies have free and open elections. Free elections
give people the chance to choose their leaders and to voice their opinions
on various issues. Free elections also help ensure that public officials pay
attention to the wishes of the people.
In a democracy, several characteristics mark free elections. First,
everyone’s vote carries the same weight — a principle often expressed in
the phrase “one person, one vote.” Second, all candidates have the right to
express their views freely, giving voters access to competing ideas. Third,
citizens are free to help candidates or support issues. Fourth, the legal
requirements for voting, such as age, residence, and citizenship, are kept
to a minimum. Thus, racial, ethnic, religious, or other discriminatory tests
cannot be used to restrict voting. Fifth, citizens may vote freely by secret
ballot, without fear of punishment for their voting decisions.
Political parties are another important element of democratic
government. A political party is a group of individuals with broad common
interests who organize to nominate candidates for office, win elections,
conduct government, and determine public policy. In the United States,
while any number of political parties may compete, a two-party system in
which the Republicans and the Democrats have become the major political
parties has developed.
Rival parties help make elections meaningful. They give voters a
choice among candidates. They also help simplify and focus attention on
key issues for voters. Finally, in democratic countries, the political party
or parties that are out of power serve as a “loyal opposition.” That is, by
criticizing the policies and actions of the party in power, they can help
make those in power more responsible to the people.
1.	What are the basic elements of democratic government?
2.	What is the meaning of the principle "one person, one vote"?
3.	What is the role of rival parties in elections?
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CHARACTERISTICS OF DEMOCRACY
A true democratic government, as opposed to one that only uses the
term democracy in its name, has some characteristics that distinguish it
from other forms of government.
The first one may be called individual liberty. No individual, of
course, can be completely free to do absolutely anything he or she wants.
That would result in chaos. Rather, democracy requires that all people be
as free as possible to develop their own capacities. This does not mean that
all people are bom with equal talents or deserve an equal share of material
goods. Rather, it means that they should have an equal opportunity to
develop their talents to the fullest extent possible. Government in a
democracy works to promote that kind of equality.
Democracy also requires that government decisions be based on
majority rule. In a democracy, people usually accept decisions made by
the majority of voters in a free election. Representative democracy means
that laws enacted in the legislatures represent the will of the majority of
lawmakers. Because these lawmakers are elected by the people, the laws
are accepted by the people.
At the same time, the American concept of democracy includes a
concern about the possible tyranny of the majority. The Constitution helps
to ensure that the rights of the majority as well as of the minority will be
protected.
Respect for minority rights can be difficult to maintain, especially
when society is under great stress. For example, during World War II, the
government imprisoned more than 100,000 Japanese Americans in
relocation camps because it feared they would be disloyal. In recent years,
however, this wartime action has been severely criticized as an unjustified
denial of individual rights and as proof that tyranny can occur in even the
most democratic societies.
1.	What is meant by individual liberty in a democracy?
2.	What is the role of government in a democracy?
3.	What is majority rule?
4.	How do you understand democracy?
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THE SOIL OF DEMOCRACY
Today relatively few nations practice democracy. One reason may be
that real democracy seems to require a special environment.
Democracy seems to have a better chance in countries that do not
have extremes of wealth and poverty and that have a large middle class.
The opportunity to control one’s economic decisions provides a base for
making independent political decisions. If people do not have the power to
control their own economic lives, they will not likely be free to make
political decisions.
Countries with stable, growing economies seem better able to support
democratic government. In the past, some politicians who promised citizens
jobs and food have toppled many democratic governments during times of
severe economic depression. People who are out of work or unable to feed
their families often become more concerned about security than about
voting or exercising other political rights.
Democracy prospers where most people accept democratic values
such as individual liberty and equality for all. Such countries are said to
have a social consensus. Countries divided by disagreements about basic
values may have difficulty supporting democratic governments.
History shows that conditions in the American colonies favored the
growth of democracy. Most white people had an opportunity to get ahead
economically. The American colonists were among the most educated
people of the world at the time. The English heritage provided a general
consensus of political and social values.
I.	What ‘special environment’ does democracy require?
2.	Why does democracy have a better chance in stable societies with a large middle
class?
3.	Why did democracy develop in the American colonies?

THE ROOTS
OF BRITISH GOVERNMENT
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THE ANGLO-SAXON KINGS
In the Dark Ages* during the fifth and sixth centuries, communities
of peoples in Britain inhabited homelands with ill-defined borders. Such
communities were organised and led by chieftains or kings. Following the
final withdrawal of the Roman legions from the provinces of Britannia in
around 408 A.D. these small kingdoms were left to preserve their own
order and to deal with invaders and waves of migrant peoples such as the
Picts, the Scots from Ireland and Germanic tribes from the continent.
By 650 A.D., the British Isles were a patchwork of many kingdoms
founded from native or immigrant communities and led by powerful
chieftains or kings. In their personal feuds and struggles between
communities for control and supremacy, a small number of kingdoms
became dominant. Until the late seventh century, a series of warrior-kings
in turn established their own personal authority over other kings, usually
won by force or through alliances and often cemented by dynastic marriages.
The most famous of these kings was Ethelberht**, the King of Kent
(reigned 560—616), who became the first English king to be converted to
Christianity. Ethelberht’s law code was the first to be written in any
Germanic language and included 90 laws.
In the eighth century, smaller kingdoms in the British Isles continued
to fall to more powerful kingdoms, which claimed rights over whole areas.
In England, Mercia and later Wessex came to dominate, giving rise to the
start of the monarchy.
1.	How were the British communities organized in the Dark Ages?
2.	What was the pattern of British life by 650 A.D.?
3.	What was the King of Kent famous for?
* the Dark Ages — раннее средневековье
** Ethelberht — ['e0alba:t] — Этельберт, король Кента
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ALFRED THE GREAT
It is not possible to point to any one figure in the history of the
English monarchy and say, simply, ‘he or she began it all’. Nonetheless,
the story did receive a tremendous, even a decisive, forward impulse from
Alfred of Wessex, King of the English as he styled himself on his coins,
and Leader of the Christians as he was called by his devoted biographer
Asser. He is the only English ruler to have been popularly accepted as
“Great”, and his position, both in British history as a whole and in the
development of the monarchy in particular, is unique.
We know more about Alfred than about any other king of England
before William the Conqueror, and the first features of his character to
emerge are those of the warrior and commander. Succeeding to the throne
at a time when the Viking invasions were rising to a crescendo, Alfred had
at one stage to struggle for bare survival but recovered to win the greatest
victory at Edington. This successful campaign diminished the Viking threat,
but could not remove it, and in the later part of his reign Alfred’s role as an
active soldier was less important than his work as a strategist and an
architect of victory. He also advanced his defensive frontiers by creating a
naval force, to patrol the coasts and meet invaders before they could deploy
through the countryside. For this innovation, he is honoured as father of
the Royal Navy.
The same quality of originality that enabled Alfred to develop from a
warrior into a military administrator inspired him to make his court in
peacetime a centre of culture and religion worthy of European renown.
Legislation and administration in the modem sense were not seen as
significant parts of the duties of a Saxon king, but Alfred’s general concern
for the quality of life, and the breadth of his vision, were such that he was
naturally led to codify and promulgate laws, and spend time dispensing
justice-activities which thereby became for subsequent generations part of
the expected activity of a good king.
Alfred was an avid collector of other men’s talents; but he is still
more remarkable in that he was participant as well as patron in the culture
of his brilliant court.
1.	What were the prominent features of Alfred the Great’s character?
2.	What were the main developments of his reign?
3.	Why is he honoured as father of the Royal Navy?
4.	What role did Alfred the Great play in the development of Anglo-Saxon law?
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WILLIAM THE CONQUEROR
William the Conqueror was descended from Viking freebooters and
warlords who, from the middle of the ninth century, first plundered and
then settled north-western France. He inherited his Duchy when only a
boy, and the desperate struggle for survival that preoccupied his early
years probably reinforced his natural tendency towards ruthlessness and
resolution. He was a hard man in every sense - a ferocious warrior, a harsh
ruler, a driving administrator and a man of vigorous principles. His
willpower was massive and his temper was fearsome.
He claimed the English throne both on the grounds of a supposed act
of‘designation’ on the part of Edward the Confessor*, while the latter was
in his long Norman exile, and of a shadowy promise extorted from Harold
in 1064. In reality, it was force of arms that mattered, and remarkably good
luck. The invasion of 1066 was a gigantic gamble, and William swept the
board.
Saxon resistance flared and spluttered for some years after the battle
at Hastings, where Harold was killed, thus putting an end to Saxon England,
but William put down all outbreaks with relentless severity. The Saxon
nobility were largely destroyed and almost totally dispossessed, in favour
of Norman knights, and a similar process was applied to the Church. William
set his grip on England and changed it to suit his needs. The common
people were still able to invoke the customary laws, but in great matters
such as land tenure, taxation and military organisation the Normans
developed a system of their own.
The first aim of the Normans after their invasion of Britain was to
establish a strong central government; and William I set about achieving
this by appropriating all the land to himself, extending feudalism to the
whole country, and then granting holdings to his most important followers.
The changes made by the Normans were ones of standardisation. In their
plan to centralise government under strong Royal authority they created
conditions in which a uniform and central law could be established. It was
a system that in some ways went beyond what was to be found in Normandy
itself.
1.	What was William's ancestry?
2.	What events in his childhood built up William's character?
3.	What were the most prominent features of William's character?
4.	What were William I’s main achievements in government, law and administration?
* Edward the Confessor — король Эдуард Исповедник
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JOHN I*
Everyone seems to know Richard the Lion Heart, who is praised in
legends and adored by romantic writers, but his brother John, who had to
carry the burden of the administration of the country while his brother was
winning glory and losing troops in Crusades is only remembered because
he was the enemy of Robin Hood.
Reality, however, was different from popular stereotypes. It fell to
John I to meet the series of internal upheavals and external assaults, which,
almost inevitably, assailed the unmanageably vast empire. He faced these
challenges with indomitable vigour and much ability, but fought a losing
battle and died in the shadow of failure.
In John’s attempt to maintain his position, he rode roughshod over
the Church and many of the nobility. His clash with the clergy caused
England to be placed under Papal interdict between 1208 and 1214, and
involved John in excommunication from 1209 to 1213. Subsequently,
however, the Pope became John’s closest ally. A rebellious faction of the
nobility forced John in 1215 to concede a list of privileges, which has
achieved almost legendary status as the Magna Carta. “The cornerstone of
the British liberties,” was how subsequent generations came to see it,
though the fact of the King being forced to make concessions was more
important than the concessions themselves.
John’s reputation was radically affected by the outcome of these
quarrels, and he received less than was due for his abilities as a brilliant
commander in land warfare, an imaginative pioneer of naval defence and
an inventive and energetic administrator.
John’s greatest problem was the disloyalty of his barons. The lords of
John’s French lands were bound to develop French rather than English
alliances, and it can be argued that losing Normandy John clarified the
future for the kingdom of England.
1.	What is the popular sentiment on John I?
2.	What challenges in ruling the British Empire did John have to face?
3.	What is the main legal development of John's time?
King John — Иоанн Безземельный, английский король (1199—1216)
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THE ORIGIN OF THE MAGNA CARTA
к	___ The Magna Carta*, the charter of English
/ 17Гft f	s liberties was granted by King John** in 1215
J VI; г under the threat of civil war and reissued with
ffilagaa / alterations in 1216, 1217, and 1225.
f tiartaJ	The Charter meant less to contemporaries
\	than it has to subsequent generations. The
. i	i«-r^ z >	solemn circumstances of its first granting have
L	ч CX//	given to the Magna Carta of 1215 a unique
place in popular imagination. Quite early in its
history it became a symbol and a battle cry
У	against oppression, each successive generation
reading into it in search for protection of its
< •	own threatened liberties.
In England the Petition of Right (1628)
and the Habeas Corpus Act (1679) looked directly back to clause 39 of the
Charter of 1215, which stated that “no free man shall be seized or imprisoned
or stripped of his rights and possessions, or outlawed or exiled, or deprived
of his standing in any other way [...] except by the lawful judgment of his
peers or by the law of the land.” In the United States both the national and
the state constitutions show ideas and even phrases directly traceable to
the Magna Carta.
Earlier kings of England, Henry I, Stephen, and Henry II, had issued
charters, making promises to their barons. But these were granted by, not
exacted from, the king and were very generally phrased. Later the tension
between the Kings and the nobility increased. Since 1199 John’s barons
had to be promised their rights. It is, therefore, not surprising that Stephen
Langton, archbishop of Canterbury, directed baronial unrest into a demand
for a solemn grant of liberties by the king. The document known as the
Articles of the Barons was at last agreed upon and became the text from
which the final version of the charter was drafted and sealed by John on
June 15, 1215.
1.	What is the historical significance of the Magna Carta?
2.	What documents of constitutional importance reflect the ideas ofthe Magna Carta?
3.	What political situation necessitated the granting of the Magna Carta?
Magna Carta — Великая Хартия Вольностей
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THE CONTENTS OF THE MAGNA CARTA
At the heart of the English system are two principles of government
— limited government and representative government. The idea that
government was not all-powerfiil first appeared in the Magna Carta, or
Great Charter of 1215.
The principle of limited government established by the Magna Carta,
meant that the power of the monarch, or government, was limited, not
absolute. The document provided for protection against unjust punishment
and the loss of life, liberty, and property except according to law. It
stipulated that no citizen could be punished or kept in prison without a fair
trial. Under the Magna Carta, the king agreed that certain taxes could not
be levied without popular consent.
The Charter consisted of a preamble and 63 clauses. Roughly, its
contents may be divided into nine groups. The first concerned the church,
asserting that it was to be “free.” The second group provided statements of
feudal law of particular concern to those holding lands directly from the
crown, and the third assured similar rights to subtenants. The fourth group
of clauses referred to towns, trade, and merchants. A particularly large
group was concerned with the reform of the law and of justice, and another
with control of the behaviour of royal officials. The seventh group
concerned the royal forests, and another dealt with immediate issues,
requiring, for instance, the dismissal of John’s foreign mercenaries. The
final clauses provided a form of security for the king’s adherence to the
charter, by which a council of 25 barons had the ultimate right to levy war
upon him should he seriously infringe it.
Although the Magna Carta was originally intended to protect
aristocracy and not the ordinary citizens, it came in time to be regarded as
a cornerstone of British liberties. It is one of the oldest written constitutional
papers.
7. What were the two basic principles of the English system of government at the
beginning of the 13th century?* How do you understand these principles?
2. What provisions did the Magna Carta contain?
3. Who enjoyed the rights granted by the Magna Carta?
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LEGAL AND CONSTITUTIONAL DEVELOPMENTS
IN BRITAIN
Within England an increasingly firm and diverse society flowered,
made possible by the internal peace maintained by a strong monarchy.
Henry II gave significant impetus to the development of a system of royal
justice that superseded feudal courts. From this there grew up the system
of Common Law, based on the decisions of the king’s judges, who traveled
around the country. In contrast to Roman civil law and the church’s canon
law, common law reflected the customs and instincts of the English people,
who were beginning to recover influence. Norman lawyers helped to codify
it. Its very flexibility and adaptability (like the empirical spirit of British
philosophy later) was to ensure its future importance among English-
speaking peoples all over the world, especially in the United States.
A step of later constitutional significance was taken with the granting
of the Magna Carta in 1215. The document itself registered feudal
concessions extracted by the barons and the church from King John. The
Magna Carta became more important in time, especially with the
development of Parliament.
This institution was also to have major significance in all English-
speaking countries. Many medieval states had comparable institutions,
but none with such a future. Parliament was in origin an extension of the
Royal Council, in which the king consulted magnates from all over the
realm. In 1265 the baronial leader Simon de Montfort summoned a
Parliament that also included local gentry from each county and middle-
class people of the leading towns. Thus for the first time the whole country
was represented—or, at least, all the active elements who ran it. Thereafter,
these representatives were generally consulted in times of national
emergency — as during foreign wars or rebellions — that necessitated the
raising of money.
I.	What did you learn from the text about the system of Common Law?
2.	Why can the Magna Carta be considered a document of constitutional significance?
3.	Describe the role of the early Parliament in running the county s affairs?
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THE PLANTAGENETS
In Britain the Plantagenet* period was dominated by three major
conflicts at home and abroad. Edward I attempted to create a British empire
dominated by England, conquering Wales and pronouncing his eldest son
Prince of Wales, and then attacking Scotland. Scotland was to remain
elusive and retain its independence until late in the reign of the Stuart
kings. In the reign of Edward III the Hundred Years War began, a struggle
between England and France. At the end of the Plantagenet period, the
reign of Richard II saw the beginning of the long spell of civil feuding
known as the War of the Roses**. For the next century, the crown would
be disputed by two conflicting family strands, the Lancastrians and the
Yorkists.
The period also saw the development of new social institutions and a
distinctive English culture. Parliament emerged and grew. The judicial
reforms begun in the reign of Henry II were continued and completed by
Edward I. Culture began to flourish. Three Plantagenet kings were patrons
of Geoffrey Chaucer, the father of English poetry. Westminster Abbey
was rebuilt and the majority of English cathedrals remodelled. Franciscan
and Dominican orders began to be established in England, while the
universities of Oxford and Cambridge had their origins in this period.
Amidst the order of learning and art, however, were disturbing new
phenomena. The outbreak of plague or the ‘Black Death’ served to
undermine military campaigns and cause huge social turbulence, killing
half the country’s population. The price rises and labour shortage, which
resulted, led to social unrest, culminating in the Peasants’ Revolt in 1381.
1.	What were the three main conflicts of the Plantagenet period?
2.	What changes occurred in Britain at that period?
3.	What was the background of the Peasants ’ Revolt?
* the Plantagenet— [plaen'taedjinit] — Плантагенеты, королевская династия
** the War of the Roses — ист. война Алой и Белой розы
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THE TUDORS
The history of the English Crown is long and varied. The concept of
a single ruler unifying different tribes based in England developed in the
early period of history.
The Middle Ages saw several fierce contests for the Crown,
culminating in the Wars of the Roses, which lasted for nearly a century.
The conflict was finally ended with the advent of the Tudors, the dynasty,
which produced some England’s most successful rulers and a flourishing
cultural Renaissance.
The five sovereigns of the Tudor dynasty are among the most well-
known figures in Royal history. Of Welsh origin, Henry VII succeeded in
ending the Wars of the Roses between the houses of Lancaster and York to
found the highly successful Tudor house. Henry VII, his son Henry VIII
and his three children Edward VI, Mary I and Elizabeth I ruled for 118
eventful years.
During this period, England developed into one of the leading
European colonial powers, with men such as Sir Walter Raleigh taking
part in the conquest of the New World. Nearer to home, campaigns in
Ireland brought the country under strict English control.
Culturally and socially, the Tudor period saw many changes. The
Tudor court played a prominent part in the cultural Renaissance taking
place in Europe, nurturing all-round individuals such as William
Shakespeare, Edmund Spenser and Cardinal Wolsey. The Tudor period
also saw the turbulence of two changes of official religion, resulting in the
martyrdom of many innocent believers of both Protestantism and Roman
Catholicism. The fear of Roman Catholicism induced by the Reformation
was to last for several centuries and to play an influential role in the
history of the Succession.
The end of the Tudor line with the death of the ‘Virgin Queen’ in
1603 brought about the Union of the Crowns with Scotland.
1.	Which Tudor sovereigns are the most renowned?
2.	What events won the Tudors glory?
3.	What did the changes in official religion result in?
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HENRY VI
The long reign of Henry VI was as disastrous as the short reign of his
father had been glorious. The regencies of his childhood, although at first
successful, established a pattern of ambition among the nobility which ran
out of control as time went by. Henry was a man of weak will, no better
than simple-minded in the eyes of his enemies. He was out of his depth in
the vicious intrigues of his Court, under the pressures of which he suffered
periodic bouts of nervous collapse. His preoccupations were with
scholarship, music, architecture, the worship of God and the creation of
ordered communities in which men could follow regular lives devoted to
the pursuit of truth and beauty. He founded Eton and King’s College,
Cambridge, but lost all his father’s conquests in France, and failed to stop
England sliding into terrible convulsions of the War of the Roses.
The French, formerly demoralised, were rallied by Joan of Arc* in
1429, and the diplomacy of the continental war** was radically altered by
a change of alliances in 1435. At home, the decay of feudalism, that filled
England with armed men bearing the badges of rival lords, posed problems
of enormous size and complexity.
Normandy was finally lost in 1450 and Gascony in 1451. The civil
war in England between the followers of Richard, Duke of York, a
descendant of Edward III, and the royal (or Lancastrian) party dominated
by Henry’s formidable wife Margaret of Anjou, swayed to and fro from
the early 1450s. Henry himself was more victim than actor in all this: mad,
imprisoned, deposed and restored, he was a mere pawn in the game. Henry
was murdered in the Tower in 1471.
1.	Why was Henry VI considered to be a man of weak will?
2.	What were Henry’s main preoccupations?
3.	What were the results of Henry's foreign policy?
* Joan of Arc — Жанна д ’Арк
** continental war — война в Европе
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HENRY VIII
Henry VIII stands out as
a colossus among English
kings. Gigantic in appetites,
destructiveness and creativity,
he slammed the door of history
on the Middle Ages and thrust
England into a new era.
In his youth Henry was a
splendid figure, strong, skilled
in every physical and artistic
accomplishment, fearsome
and generous. Henry flung away his father’s carefully hoarded treasure in
wild pursuit of foreign adventures that signified little and brought no reward.
England alone had sufficient weight to stand up to the imperial super-
states which emerged in Europe at the end of the fifteenth century. More
money was soon needed and one of the great themes of the reign began to
emerge, the King’s willingness to take any action which would satisfy his
need for cash.
A second motive, no less powerful, began to emerge in the late 1520s,
the need for a male heir. And when his wife Catherine of Aragon, who was
the widow of Henry’s elder brother Arthur, failed to produce a living son,
Henry convinced himself that this must be because the marriage was invalid
in the eyes of God. An annulment could only come from the Pope — but
the Pope was under the influence of Catherine’s nephew, the King of
Spain. So began a conflict with Rome, which led to the dissolution of the
monasteries (1536—1539) and the establishment of a national State Church.
No single episode is more important in the whole English history. Almost
at a blow, Henry shattered the whole medieval ecclesiastical culture, and
prepared the way for renewed religious, social and economic activity.
After Catherine of Aragon, Henry married five more times. His last
wife outlived him, but by then two had been divorced, one had died in
childbirth, and two more were executed.
I.	What made Henry VIII a conspicuous figure among English kings?
2.	What were the reasons for Henry's conflict with the Pope?
3.	Why was Henry's divorce with Catherine of Aragon a matter of great historic
consequence?
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ELIZABETH I
Queen Elizabeth I was one of the strongest rulers in England’s history.
She was the last of the Tudor’s dynasty, the daughter of Henry VIII and his
second wife, Anne Boleyn. Elizabeth had a difficult early childhood. Her
mother was executed when she was only three years old, and during her
sister Mary’s reign (1553—1558) she was a prisoner.
Elizabeth received a first-class education, excelling in foreign
languages (including French, Latin, and Spanish), science, and mathematics.
In 1558, after the death of Mary, Elizabeth became queen. She was to lead
country with great shrewdness and courage throughout turbulent and often
dangerous times. She suppressed several Catholic plots against her
Protestant regime. In 1587, Elizabeth had her Catholic cousin, Mary, Queen
of Scots, executed because Mary became a focus of rebellion against her.
In 1588, her navy defeated the Armada, a fleet sent by the Catholic king
Philip II of Spain to invade England.
Known as the virgin queen, Elizabeth never married, although she
had many suitors. The most famous of these was Lord Robert Dudley, Earl
of Leicester. She gave backing to adventurers such as Sir Francis Drake,
which made their explorations possible. During her reign English culture
flourished, producing such renowned writers as Edmund Spenser,
Christopher Marlowe, and William Shakespeare.
In a world that was prejudiced against women, Elizabeth I ruled
successfully. She once said: “I know I have the body of a week and feeble
woman, but I have the heart and stomach of a king, and of a king of
England, too.” She was succeeded by the Scottish king James VI.
I.	How did Elizabeth spend her childhood?
2.	What were the major political landmarks of Elizabeth’s reign?
3.	^Comment on Elizabeth's famous words: “I know I have the body of a week and
feeble woman, but I have the heart and stomach ofa king, and of a king ofEngland,
too. ”
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CHARLES I AND THE CIVIL WAR
One of the chief threads that make up the pattern of English history,
a thread that runs through it from the earliest times almost to our present
day, is the struggle between the king and the people (or the Parliament) to
decide which should be supreme. At first for many centuries the king was
all-powerful, but gradually his powers were reduced and those of Parliament
built up until now it is the Parliament that, in all but name, is the chief
power in the land.
And in this long struggle one of the most decisive moments came in
the seventeenth century. Charles I was on the throne. As a man he was
admirable, sincerely religious, a faithful husband and a loving father. As a
king he was dishonourable and untrustworthy. He was brought up to believe
in the “Divine Rights of Kings”, and hated the idea of a Parliament, believing
that its only purpose was to vote the money that he thought necessary. To
get the money he lightly gave any promise that Parliament asked for, and
just as lightly broke that word of honour. Time and again he was trusted
and time and again he was false to that trust, until it was forced on the
people that no promise that he gave was of any value. At last, when Charles
entered the House of Commons itself with the intention of arresting the
five men who were the leaders of the party that opposed him, people
realised that if freedom and truth and justice were to live at all there was
no choice but to resist him by force.
The actual fighting in the Civil War broke out in 1642. The Royalists
fought bravely but not always shrewdly, and were eventually outmatched
by the parliamentary forces. Seeing that his cause was lost, the king gave
himself up and was imprisoned, brought to trial and found guilty of having
made war on his people. He was sentenced to death and beheaded right
outside the Whitehall palace. Politically, it was a totally unnecessary end,
but Charles I faced it with impeccable courage and “nothing in his life
became him like the leaving it”.
I.	What is one of the chief threads in the pattern of English history?
2.	What features were characteristic of Charles I as a monarch? What were his
personal qualities?
3.	What were the main reasons for his constant disagreement with Parliament?
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THE ROYALISTS
AND THE PARLIAMENTARIANS
At first the tide of battle in the English Civil war of 1642—1649 went
completely against the Parliamentary forces, and they were hopelessly
defeated in almost every battle. It was natural that they should be. The
majority of the country landowners and the wealthy men, most of whom
had been trained in arms and had weapons and horses, supported
Charles I. The Royalists were far more attractive than the Parliamentarians.
They had learning, courtesy and good manners; they loved poetry, music
and art.
The Parliamentarians had none of this charm. They were mostly
Puritans, men who wanted a simpler and plainer form of religion, and it
led them to destroy pictures, the lovely stained-glass windows of churches
and often the churches themselves. The Puritans dressed in plain clothes
of dull colouring; their hair was cut close (they were even called
“Roundheads”). To them all pleasures, even the most innocent, were sinful
things. They scorned learning and art; they were bitterly intolerant to the
opinions of their enemies and the pleasures of their friends. On the other
side of the picture, they had a courage that no defeats could crush; they had
a religious faith that inspired every act of their lives.
But courage and faith are not enough to win battles. Leadership and
training are necessary, too. The leader of the Parliamentary forces was
Oliver Cromwell, a country gentleman from Huntingdon. He had been in
Parliament, a rough, ungraceful figure, unskilful as a speaker but known
for his strength of character and his deep sincerity and religious feeling.
Cromwell saw that if the Parliamentary army was to be victorious it must
not only be fearless and full of faith, but it must be as well trained. Cromwell
gathered his soldiers for courage, strength, horsemanship and religious
feeling. He trained his men in complete obedience, filled them with the
desire to fight for freedom, Parliament and religion, combining the spiritual
and the practical as in his famous order: “Trust in God, and keep your
powder dry.”
I.	Why were Parliamentary forces defeated at the beginning of the Civil War?
2.	What kind of people were Puritans?
3.	What made Cromwell's army victorious?
4.	How do you understand Cromwell’s words: "Trust in God, and keep your powder
dry"?
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THE END OF THE CIVIL WAR
The English Civil War was a struggle of the Parliamentarians against
the Royalists. The Royalists fought bravely, but were eventually outmatched
by the Parliamentarians. The latter won several battles, and finally at Naseby
1645, the king’s forces were completely defeated.
Cromwell was now leader of the whole Parliamentary forces. Seeing
that his cause was lost, the king gave himself up, and was imprisoned in
the Isle of Wight. Finally he was brought to trial in London for having
made war on his people and for being an enemy of his country. He was
found guilty and sentenced to death. At his trial he behaved nobly and
firmly, refusing to defend himself before a court which, he said, had no
power to try him, and he received the death sentence with a calm courage.
He was beheaded outside the Whitehall palace. Whatever may have been
his faults in life, he bore himself like a real king in his last moments.
Cromwell now became ruler of England, not as king but as “Protector
of the Commonwealth”, and for ten years he ruled England firmly but
well. He could be merciless — his treatment of Ireland is one of the blots
on his character — yet in an age that was bitter with religious intolerance
he was nobly tolerant.
It was he who really united England, Scotland and Ireland, who
enforced justice and order at home and made England stronger and more
respected abroad than ever, and if he at times acted like a tyrant, he did it
because in this, as in the execution of Charles, he saw that this was the
only means of bringing order and peace in England. His rough nature, like
his stem face, did not inspire affection but his strength, his unshakeable
honesty and his sincere religion made him respected as one of the greatest
Englishmen.
1.	Why was Charles I sentenced to death?
2.	What notable traits of character do you find in Charles I and Oliver Cromwell?
3.	What is Cromwell’s contribution to England’s prosperity?
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THE DEVELOPMENT OF PARLIAMENT
Cromwellian military rule was harsh and increasingly unpopular, so
that most people wanted the restoration of the monarchy. The two houses
of Parliament were re-established and in 1660 they restored the Stuart
Charles II to the throne. Initially Charles cooperated with Parliament, but
eventually his financial needs, his belief in the Divine right of kings to rule
without opposition, and his support of the Catholic cause lost him popular
and Parliamentary backing. Parliament then ended his expensive wars;
forced him to sign the act that excluded Catholics and Protestant dissenters
from holding public office, and passed the Habeas Corpus Act* in 1679,
which stipulated that no citizen could be imprisoned without a fair and
speedy trial.
In addition to the growing power of Parliament against the monarch,
the 17th century also saw the beginning of more organized political parties.
These derived largely from the ideological and religious conflicts of the
Civil War. Two groups became dominant, and this feature was to
characterize future British two-party politics, in which political power
was shifted between two main parties. The Whigs were mainly Cromwellian
Protestants and gentry, who refused to accept Catholic James II as successor
to Charles II, and who wanted religious freedom for all Protestants. The
Tories generally supported royalist beliefs, and helped Charles II to secure
James’s right to succeed him.
But James’s subsequent behaviour resulted in a further reduction of
royal influence. He attempted to rule without Parliament and ignored its
rules. His manipulations eventually forced the Tories to join the Whigs in
inviting the Protestant William of Orange to intervene.
1.	Why did most people want the restoration of the monarchy?
2.	What were the main developments of the 17th century?
3.	What events led to further decrease of royal influence?
* Habeus Corpus Act —Хабеас Корпус (английский закон 1679 г. о неприкосно-
венности личности)
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CHARLES II
Kings are easier to destroy than to replace, as those who executed
Charles I found to their confusion. A source of authority had gone, and
neither Parliament nor army was quite clear how to make good the
deficiency. While Oliver Cromwell lived, his commanding personality held
affairs together, though his rule was harsh and increasingly unpopular
among both common people and aristocracy. His son, whom Oliver
Cromwell chose as his heir, did not possess his father’s strength of character
or ambition, so uncertainty prevailed after Cromwell’s death in 1658 until
the army acted to bring back the monarchy, in the person of Charles II.
The restored King was able, charming, and inflexible on only one
point — his determination never again to ‘go on his travels’. So, although
he and his courtiers set out to enjoy themselves with a dissolute abandon
far removed from the morality and restraint of his father’s time, Charles II
took care not to put himself into political danger at home. As it was, the
commercial rivalry of Holland, and the looming power of France under
Louis XIV, provided quite sufficient dangers from abroad. Two wars were
fought against the Dutch, with varied success, and a rather devious policy
of alliance with France was much disliked in England. These policies,
nevertheless, resulted in a steady growth of British naval power and
commercial prosperity.
Charles was described by a contemporary as ‘an exact knower of
mankind’, and in his cynical way he played his cards successfully right to
the end.
I.	Why was Oliver Cromwell’s rule unpopular with common people and aristocracy?
2.	Describe Charles Il’s personality.
3.	What policy did Charles II implement?
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JAMES II AND THE GLORIOUS REVOLUTION
James II was the younger son of Charles I. From an early age he
proved brave and competent as a soldier and naval commander, and during
the reign of Charles II he showed outstanding talent as administrator in
charge of the great expansion of the Royal Navy. He was also serious-
minded, humourless and stubborn — qualities which he inherited from his
father. Unfortunately he completely lacked his brother’s cynical sense of
self-preservation.
When in 1672 he was converted by the example of his wife to Roman
Catholicism, he provoked a storm, which could have been avoided, if he
had chosen to do so. Repeated attempts were made to exclude him from
the succession before Charles II died, but James ascended the throne in
1685 and promptly embarked upon a policy which was aimed at achieving
arbitrary power for himself and the conversion of England to Roman
Catholicism. The country would stand for neither of these, and in 1688 a
formal invitation was sent to William, Prince of Orange, James’s son-in-
law (and nephew).
The invasion, which followed, met practically no resistance and was
called ‘Glorious Revolution’. James fled to France, where he died in 1701.
When the outcome of the invasion of 1688 was confirmed by special
Convention Parliaments in England and Scotland, it was more than a change
of face under the Crown. The monarchy was now a Parliamentary
institution, and kings and queens of Great Britain have reigned ever since
in accordance with rules and conventions agreed with Parliament. The
definition of the sovereign body is ‘the King (or Queen) in Parliament’.
Such a formula by no means reduces the monarchs to a position of
insignificance.
1.	What qualities did James IIpossess?
2.	What policy carried out by James 11 led to “Glorious revolution ”?
3.	What changes in the monarchy took place after the Revolution?
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THE PETITION OF RIGHT AND THE BILL
OF RIGHTS
In the beginning of the 17th century Parliament began to show more
resistance to the monarchy under the Stuart succession from 1603 by using
its gradually acquired weapon of financial control. It was influenced by
the gentry and began to refuse royal requests for money. It eventually
forced Charles I to sign the Petition of Right in 1628, which further restricted
the monarch’s powers and was intended to prevent him from raising taxes
without Parliament’s consent.
Another document of constitutional importance is the Bill of Rights
(1689). It is one of the basic instruments of the British constitution, the
result of the long 17th-century struggle between the Stuart kings and the
English people and Parliament. The Bill of Rights provided the foundation
on which the government rested after the Revolution of 1688. The
Revolution settlement made monarchy clearly conditional on the will of
Parliament and provided a freedom from arbitrary government of which
most Englishmen were notably proud during the 18th century.
The main purpose of the act was unequivocally to declare illegal
various practices of James II. Among such practices proscribed were the
royal prerogative of dispensing with the law in certain cases, the complete
suspension of laws without the consent of Parliament, and the levying of
taxes and the maintenance of a standing army in peacetime without specific
parliamentary authorization. A number of clauses sought to eliminate royal
interference in parliamentary matters, stressing that elections must be free
and that members of parliament must have complete freedom of speech.
Certain forms of interference in the course of justice were also proscribed.
The act also dealt with the proximate succession to the throne, provided
the heirs were Protestants. It is the constitutional paper of great importance,
which prevented the sovereign from abusing his authority.
1.	What events preceded the Bill of Rights?
2.	Why did King James II have to leave the country?
3.	How were the rights of the monarch limited by the Bill of Rights?
4.	What civil rights were protected by this document?
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WILLIAM OF ORANGE AND ANNE
As the result of Glorious Revolution two monarchs ascended the
British throne. They were William II and his wife Mary, who were referred
to as “Joint monarchs”.
The new monarchs were unflamboyant figures. Mary was a gentle,
unassertive creature, much given to good works and well liked. William
was shrewd, tough and lacking in charm. The driving force of the reign
was the need to create and maintain a coalition against the vast power of
France (where James II had taken refuge). “Dutch William’s wars” were
unpopular in England, but since they were fought by an army under the
control of Parliament, the scope for complaint was limited. William
continued to reign in his own right after Mary died of smallpox in 1694.
William and Mary left no children and the throne passed to Mary’s
sister, Anne, a resolutely ordinary woman who was a devoted supporter of
the Church of England and the Tory party. Regular party politics had
begun to emerge with the formalisation of Parliamentary power in 1688.
The Tories were the more monarchical group, the Whigs were inclined to
emphasise the balancing role of the aristocracy.
Anne had few ideas but strong loyalties. For much of her reign, she
was particularly devoted to her friend Sarah Jennings. Sarah was the wife
of the first Duke of Marlborough, and the Duke’s brilliant successes in the
great wars with France owed much to the support he received from home
until his wife fell from favour in 1710.
Anne was married to Prince George of Denmark, an amiable,
inconsequential man, with whom she had 17 children, all of whom died in
infancy or early childhood. She was the last monarch to preside at a meeting
of the Privy Council, and to refuse assent to a Parliamentary bill.
1.	What kind of people were William II and his wife Mary?
2.	* In your opinion, why were William Hand his wife referred to as ‘Joint monarchs ’?
3.	What changes in government took place under Anne's reign?
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GEORGE III
George H’s eldest son, Frederick, Prince of Wales, was unlike his
father in many respects. A man of taste and intelligence, Frederick took
lively pleasure in society and interest in politics. He may not have been a
particularly strong character, but he appears in an attractive light, if only
because of the extravagant persecution to which he was subjected by his
father. ‘Poor Fred’ died in 1751, however, and the heir to the throne became
his young son, George, who was aged 22 when he succeeded.
George III, unlike his two predecessors, was an English King rather
than a German ruler and was proud to be so. Intensely patriotic, he ‘gloried
in the name of Briton* ’. Conventionally pious, he was a pattern of domestic
virtue, the more strikingly in that both the preceding and the following
generations of his family, in accordance with the spirit of the times, were
conspicuously loose in their morals. Conscientious to a fault, he laboured
hard and long at the bewildering political problems associated with the
American and French Revolutions, and received little credit for his pains.
Simple in his tastes, he loved farming and craftsmanship, and the company
of his people.
Much of this, however, was a slow growth. The young George was
pathetically insecure, and found the world of politics a hard place, which
offered little in the way of true friendship. The ministers whom he trusted,
Bute and North, proved broken reeds.
The loss of the American colonies, finalised by the Treaty of
Versailles** in 1783, was a sore trial for George, who was widely, and
quite unfairly, regarded responsible. By contrast, when war broke out with
revolutionary France in 1793, George became the symbol of national pride,
and the monarchy rose in esteem to a pitch not known since Stuart days.
From middle life onwards, George suffered from bouts of illness,
which affected him both mentally and physically. His condition was since
diagnosed as porphyria, a genetically-caused condition. For the last ten
years of his long reign, therefore, the King was tragically and irredeemably
insane.
1.	What were George Ill's virtues?
2.	What important historic events took.place during his reign?
3.	Why was George III considered a symbol of national pride?
* Briton — британец, англичанин; ист. Бритт
** Versailles — [vEa'sail] — г. Версаль
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QUEEN VICTORIA
Queen Victoria, the
ruler of Britain during the
greatest days of the British
Empire, reigned for 63 years,
which was longer than any
other British monarch. Her
father died when she was a
baby. When she came to the
throne in 1837, at the age of
18, the monarchy was very
unpopular in Britain - the
royal family was notorious
for its disgraceful behaviour.
Although she was not always popular, Victoria eventually created a
new respect for the British Crown. In 1839 she married her German cousin,
Prince Albert. It was a happy marriage, which produced nine children.
When Albert suddenly died, Victoria was heartbroken. She wore black for
the rest of her life as a sign of grief and she did not appear in public for 13
years.
Some people had thought there was little point in having a monarch
nobody ever saw. Everyone was happy when Queen Victoria returned to
public life and her Golden and Diamond Jubilees, celebrated in 1887 and
1897, were occasions of great public delight across the entire British Empire.
Victoria was an accomplished artist and a talented writer. She took a
lively interest in the inventions of her time - she enjoyed traveling on the
early railroads and was curious about photography.
For future generations Queen Victoria has symbolized a special
attitude to family values, strict public moral standards and stability. These
attitudes are still known as Victorian. So the Queen gave her name to the
age she lived in.
1.	What kind of person was Queen Victoria?
2.	Why was monarchy unpopular in Britain before Victoria became the Queen?
3.	How did the public attitude to Queen Victoria change throughout her reign?
4.	What were Queen Victoria‘s personal interests?
5.	What does the term ‘Victorian' mean?

THE ROOTS
OF AMERICAN GOVERNMENT
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THE LOST COLONY
The first successful English colony in America was Jamestown in
Virginia. But the Jamestown settlers were not the first English people to
try to start new life there. Twenty years earlier the adventurer Sir Walter
Raleigh had sent ships to find land in the New World where English
people might settle. He named the land they visited Virginia, in honor of
Elizabeth, England’s unmarried Queen. In July 1585, 108 English settlers
landed on Roanoke Island. They built houses and a fort, planted crops and
searched — without success — for gold. But they ran out of food and
made enemies of the local Amerindian inhabitants.
In less than a year they gave up and sailed back to England. In 1587,
the English tried again. The ships landed 118 settlers on Roanoke, including
fourteen family groups. The colonists were led by an artist and mapmaker
named John White, who had been a member of the 1585 expedition. Among
them were White’s daughter and her husband. The couple became the
parents of the first English child to be bom in America.
White soon had to return to England for supplies. Three years passed
before he was able to return. When his ships reached Roanoke in August
1590, he found the settlement deserted. There was no sign of what had
happened to its people. Some believe that the Roanoke settlers were carried
off by Spanish soldiers from Florida. Others think that they may have
decided to go to live with friendly Indians on the mainland. They were
never seen, or heard of, again.
1.	How did Virginian the first English colony get its name?
2.	Why did Sir Walter Raleigh give up the first attempt to settle in Virginia?
3.	Who were among the members of the second expedition?
4.	What did White find on his return to the Roanoke Island?
5.	What were the theories about the fate of the Roanoke settlers?
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THE JAMESTOWN SETTLERS
The English in North America were trying to make homes for
themselves in a wilderness that was like nothing they were used to or
could imagine. What’s more, there was a waste of water stretching between
them and home that, in modem terms, could be compared only to the
stretch of space between Moon and Earth. In addition, America had been
overadvertised. The first colonists were convinced they were coming to a
fruitful land in which food could be plucked from trees and in which
people could relax like in Eden. An Englishman of 1607 having ‘the
abundant Virginia’ in mind reminded of an American having watched too
many Hollywood ‘sweetdream’ films produced before the Second World
War.
It’s not surprising, then, that the first colonists included many people
of good birth who had no experience with manual labour and who
considered it beneath them. They had not expected that such manual labour
would be necessary. When it turned out that to make Jamestown succeed
there had to be a good deal of sweating of the type necessary to build
houses and plant crops, there was considerable disillusionment. Of course,
the colonists might have avoided the labour of agriculture if they had been
content to hunt and fish, but they could or would not either. For months,
then, they sat around doing nothing; and, of the hundred of settlers, half
were dead of hunger and disease within six months. That the rest didn’t
give up and that Jamestown didn’t become just one more failure was due
to one man who bore the undistinguished name of John Smith (perhaps the
most important John Smith in history).
1.	Why did the English find it difficult to adjust in North America?
2.	What kind ofpeople were the first American settlers?
3.	How did the first colony survive?
11*
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THE FIRST SETTLEMENTS
The first successful English colony in America was founded at
Jamestown, Virginia, in 1607. The settlement was financed by a London
company, which expected to make a profit from the settlement. They
believed that there was a lot of gold in the new land. Soon it turned out that
their hopes were in vain. There was no gold and the young colony faced a
lot of hardships. Of the first 105 colonists, 73 died of hunger and disease
within seven months of their arrival.
But the colony survived and eventually grew and became wealthy.
The Virginians discovered a way to earn money by growing tobacco,
which they began shipping to England in 1614.
In New England, the northeastern region of what is now the United
States, several settlements were established by English Puritans. The
Puritans hoped to build an ideal community in America. The Puritans
believed that governments should enforce God’s morality. In the Puritan
settlements the right to vote was restricted to church members, and they
strictly punished those who violated the rules.
A puritan named Roger Williams disagreed with the decisions of the
community and protested that the state should not interfere with religion.
He set up the neighboring Rhode Island colony, which guaranteed religious
freedom and the separation of church and state. This toleration, in its turn,
attracted further groups of settlers to the New World.
1.	Who sponsored the Virginian colony? Why?
2.	What difficulties did the first English settlement in America face?
3.	How did Virginians become wealthy?
4.	What did the Puritans believe in?
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JOHN SMITH
Jamestown was the first English settlement in North America, and
Captain John Smith was the most able of the original Jamestown settlers.
An energetic 27-year old soldier and explorer, he had already had a life
full of action when he landed there in 1607. It was he who organized the
first Jamestown colonists and forced them to work. If he had not done that,
the infant settlement would probably have collapsed.
The first colonists included many people of good birth and did not
expect to work hard. When they realized that a lot of hard work was
necessary to build houses and plant crops, many settlers lost hope. Of a
hundred of settlers half died of hunger and disease within six months of
their arrival. When food supplies ran out, Smith set off into the forests to
buy com from the American Indians.
On one of these expeditions he was taken prisoner. According to a
story that he told later (which not everyone believed), the Indians were
going to kill him when Pocahontas, the twelve-year-old daughter of the
chief, saved his life. Pocahontas went on to play an important part in
Virginia’s survival, bringing food to the starving settlers. Smith wrote
later that the Indian princess helped to preserve the colony from death,
starvation and complete destruction.
Pocahontas married a tobacco planter and traveled to England with
him. She died in England while waiting to board a ship to carry her back to
Virginia with her son. When the son grew up he returned to Virginia.
Many Virginians today claim to be descended from him and so from
Pocahontas.
1.	Who was John Smith?
2.	What did John Smith do to help the settlers?
3.	How did John Smith meet Pocahontas?
4.	Who was Pocahontas?
5.	Why do many Virginians today honour Pocahontas?
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POCAHONTAS
An American Indian princess,
Pocahontas supposedly saved the life
of Captain John Smith and befriended
the English colony at Jamestown. A
daughter of the chief of the Powhatan
tribe of Virginia, she was said to have
been beautiful and intelligent.
In 1608, Smith, who had helped
establish the English settlement at
Jamestown, was captured by the
Indians and brought to Pocahontas’s
village, about 24 km from Jamestown.
According to Smith’s account in his
General History of Virginia, he was
set before an altar stone to be killed but was spared when Pocahontas threw
herself over his body. Many historians have been skeptical about Smith’s
story, however. Pocahontas then became the intermediary between the
Englishmen and her father and reportedly persuaded the Indians to bring
food to the starving colonists.
In 1613, Pocahontas was seized by Captain Samuel Argali and taken
to Jamestown. From the Reverend Alexander Whitaker she learned the
elements of Christianity and became a convert. Pocahontas also learned
the ways of the English, and in 1614, with her father’s approval, she married
John Rolfe, a successful tobacco planter. The marriage initiated an eight-
year period of peaceful relations between the Indians and the settlers. A
boy, christened Thomas, was bom to the couple in 1615. The following
year Pocahontas (now Lady Rebecca Rolfe), her family, and an Indian
retinue voyaged to England. Pocahontas charmed London society and was
entertained at the royal palace at Whitehall. While preparing to return to
America, she was overcome by illness and died.
1.	What did Pocahontas do for the colonists?
2.	How did she save John Smith?
3.	* Have you seen the Disney cartoon "Pocahontas ”? If you have, do you think this
story coincide with the plot of the cartoon?
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THE CAPTAIN AND THE PRINCESS
Captain John Smith was the most able of the original Jamestown
settlers. An energetic 27-year-old soldier and explorer, he had already had
a life full of action when he landed there in 1607. It was he who organized
the first Jamestown colonists and forced them to work. If he had not done
that, the infant settlement would probably have collapsed.
When food supplies ran out Smith set off into the forests to buy com
from the Amerindians. On one of those expeditions he was taken prisoner.
According to a story that he told later (which not everyone believed), the
Amerindians were going to beat his brains out when Pocahontas, the twelve-
year-old daughter of the chief, Powhatan, saved his life by shielding his
body with her own. Pocahontas went on to play an important part in
Virginia’s survival, bringing food to the starving settlers. “She, next under
God,” wrote Smith, “was the instrument to preserve the colony from death,
famine and utter confusion”.
In 1609 Smith was badly injured in a gunpowder explosion and was
sent back to England. Five years later, in 1614, Pocahontas married the
tobacco planter John Rolfe. By that time she had already learned the ways
of the white people and converted to the Christian religion. In 1616 she
travelled to England with him and was presented at court to King James I.
The court found her amusing, and the King even ordered her portrait to be
drawn.
Pocahontas died of smallpox in 1617 while waiting to board a ship to
carry her back to Virginia with her newborn son. When the son grew up he
returned to Virginia. Many Virginians today claim to be descended from
him and so from Pocahontas.
1.	Who was John Smith?
2.	How did Captain John Smith help the settlers?
3.	What did Pocahontas do for the settlers?
4.	How did Pocahontas spend the last three years of her life?
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THE INDIAN SELF-GOVERNMENT
IN NORTH AMERICA
Long before the United States had its first constitution, Native
Americans in present-day New York State had drafted their own plan of
government. In about 1570, two Native American leaders urged people in
their region to make peace and join together to resist invasions from other
nations. Their actions led to the formation of the Iroquois* Confederation
of the Five Tribes.
Indian legend, passed along from generation to generation, credits
Hiawatha**, a famous Indian Chief, with giving the speech that laid the
foundation for unity before the council of five Indian tribes. Following
Hiawatha’s speech the leaders discussed and adopted the idea of a
confederation.
Although Native Americans in other parts of North America also
created confederacies, the Iroquois Confederation was better organized
and more effective. This was perhaps because they had a constitution —
the first in the Americas. Though this constitution was not written down
until 1850, its provisions included establishing peace between the numerous
tribes of Indians, the preservation of life, property and liberty and honesty
between their leaders. The confederate Chiefs took an oath that they would
live according to the constitution of the Great Peace and exercise justice in
all affairs.
This constitution guided the Confederation for more than 200 years,
ensuring peace for the Indian tribes but it collapsed later during the
American Revolutionary War. Despite the ultimate defeat of the
Confederation, the Native American concept of representative government
influenced the course of early American democracy.
1.	What was the main aim of the Indian Chiefs in creating the Confederation?
2.	What does the Indian legend say?
3.	What were the provisions of the Indian constitution?
* Iroquois ['irakwoi] — ирокезы, племена североамериканских индейцев
** Hiawatha — [Тшэу/эОэ]
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GOVERNMENT IN THE COLONIES
Between 1607 and 1733 the English founded thirteen colonies along
the eastern coast of North America. It was from these colonies that the
present system of American government evolved. Although they were
British subjects, the first American colonists enjoyed a degree of freedom
denied to most people in the world.
Each English colony had its own government consisting of a governor,
a legislature, and a court system. Nevertheless, the British believed that all
colonists owed allegiance to the monarch. For many years the colonists
agreed with this philosophy. But later they began feeling that it was difficult
to be ruled by a king 3000 miles across the Atlantic Ocean.
Democracy in all the colonies grew rapidly, but it did not yet exist in
its current form. Women and enslaved persons could not vote, and every
colony had some type of property qualification for voting. Nine of the
thirteen colonies had established an official church, and many colonists
remained intolerant of religious dissent. In some of the colonies, strict
religious observance was expected of citizens. In Virginia, for example,
the penalty for breaking the Sabbath* for the third time was death. There
were also laws, which curbed idleness, improper dress and drunkenness.
Despite such shortcomings, the colonial governments established
practices that became a key part of the nation’s system of government.
Chief among these were a written constitution that guaranteed basic liberties
and limited the power of government, a legislature of elected
representatives, and the separation of powers between the governor (the
chief executive) and the legislature. Today the United States government
embodies each of these practices.
1.	Why did the people of the first American colonists enjoy more freedoms than the
people in Europe?
2.	What elements did the first governments consist of?
3.	What were the basic principles of the colonial system of government?
Sabbath ['saeboS] —рел. священный день отдохновения
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COLONIAL SELF-GOVERNMENT
A key feature of the colonial period in North America was government
according to some type of written plan. The Mayflower Compact that the
Pilgrims signed in 1620 stands as the first example of many colonial plans
for self-government.
Forty-one men, representing all the Pilgrim families, drew up The
Mayflower Compact in the tiny cabin of their ship, the Mayflower, which
brought them to the New World. The Pilgrim leaders realized they needed
rules to govern themselves if they were to survive in the new land. Through
The Mayflower Compact, they agreed to choose their own leaders and to
make their own laws, which they would design for their own benefit.
Beginning in 1629 the Massachusetts Bay Colony, settled by Puritans,
added many towns to the original Plymouth settlement. In 1636, the colony
realized a need for more comprehensive laws. It adopted the “Great
Fundamentals”*, the first basic system of laws in the English Colonies.
In 1639 Puritans who had left the Massachusetts Bay Colony to
colonize Connecticut drew up America’s first formal constitution, or
charter, called the Fundamental Orders of Connecticut. This document
laid out a plan for government that gave the people the right to elect the
governor, judges, and representatives to make laws. While it was based on
the Massachusetts model, it did not restrict voting rights to church members.
Soon after, other English colonies began drawing up their own
charters. These documents established a system of limited government
and rule by law in each of the colonies. Several of these colonial consti-
tutions were very democratic for their time. The Rhode Island and
Connecticut charters were so democratic that they continued to serve as
state constitutions even after the adoption of the United States Constitution.
/. Why did the first American colonists need the system of self-government?
2. What were the basic principles of these early documents?
3. What rights did the first colonists get under these documents?
* The Great Fundamentals — Великие Основы
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COLONIAL LEGISLATURES
The present system of American government evolved from the first
thirteen colonies founded along the eastern coast of North America between
1607 and 1733. Representative assemblies became firmly established in
the colonies. The Virginia House of Burgesses, the first representative
legislature in America, was established in 1619, only 12 years after the
settlement of Jamestown. The newly elected lawmakers passed laws aiding
farmers and curbing idleness, improper dress, and drunkenness. It was not
long before other colonies set up their own legislatures. By the mid-1700s,
some colonial legislatures had been operating for more than 100 years. As
a result, representative government was an established tradition in America
well before the colonists declared their independence from Great Britain
in 1776.
The colonial legislatures dominated colonial government. The rapidly
growing colonies constantly needed new laws to cope with new
circumstances. For example, they had to control the distribution of land
and construct public buildings and facilities such as roads, ferries, and
wharves. The colonies also had to establish schools and new towns and set
up civil and criminal courts.
These legislatures were examples of the consent of the governed
because a large number of qualified people voted. Although there were
property qualifications for voting, land was abundant and most colonists
could afford property.
Colonial charters divided powers of government. The governor, as
the agent of the monarch, carried out the monarch’s orders. The governor
also enforced the laws that the colonial legislature passed. This separation
of powers continued under the United States Constitution, which allows
Congress to pass laws and gives the President the power to enforce them.
/. What spheres of life did the first colonial laws regulate?
2. Why were these laws necessary?
3. How were the powers of government divided?
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BRITISH HERITAGE
AND AMERICAN COLONIES
American political system is deeply rooted in the principles developed
in the course of British political history.
In 1689 the English Parliament, which had originated in the 1200s,
passed the English Bill of Rights. This document, a landmark in the
development of democratic government, was very important to the
American colonists.
The English Bill of Rights set clear limits on what the ruler could and
could not do. It applied to the American colonists — who were English
subjects — as well as to the people in England. Incorporating elements
from the Magna Carta, the key ideas of the English Bill of Rights included
the following ideas. Monarchs do not have a divine right to rule, they rule
with the consent of the people’s representatives in Parliament. The monarch
must have Parliament’s consent to suspend laws, levy taxes, or maintain
an army. The monarch cannot interfere with parliamentary elections and
debates. The people have a right to petition the government and to have a
fair and speedy trial by a jury of their peers. The people should not be
subject to cruel and unusual punishments or to excessive fines and bail.
The English colonists in North America shared a belief in these rights
with the people of England. A major cause of the American Revolution
was that the colonists felt they were being deprived of these basic rights.
The colonists had a firm belief in representative government, in which
people elect delegates to make laws and conduct government. The colonists
had also experienced representative government. Parliament was a
representative assembly with the power to enact laws.
In America legislatures grew directly out of this English practice of
having Parliament pass laws.
/. What is the connection between American and British political systems?
2. Which principles of the British government influenced the American early
development?
3. What are the benefits of the representative government?
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THE MAGNA CARTA
AND ITS AMERICAN LEGACY
King John of England agreed, in 1215, to the demands of his barons
and authorized that handwritten copies of the Magna Carta be prepared on
parchment, affixed with his seal, and publicly read throughout the realm.
Thus he bound not only himself but his “heirs, for ever” to grant “to all
freemen of our kingdom” the rights and liberties the great charter described.
With the Magna Carta, King John placed himself and England’s future
sovereigns and magistrates within the rule of law.
When Englishmen left their homeland to establish colonies in the
New World, they brought with them charters guaranteeing that they and
their heirs would “have and enjoy all liberties and immunities of free and
natural subjects.” Scant generations later, when these American colonists
raised arms against their mother country, they were fighting not for new
freedoms but to preserve liberties that dated back to the 13th century.
When representatives of the young republic of the United States
gathered to draft a constitution, they turned to the legal system they knew
and admired —English common law as evolved from the Magna Carta.
The American Constitution is “the Supreme Law of the Land,” just as the
rights granted by the Magna Carta were not to be arbitrarily canceled by
subsequent English laws.
This heritage is most clearly apparent in the American Bill of Rights.
The Fifth Amendment to the US Constitution guarantees: “No person
shall be deprived of life, liberty, or property, without due process of law”.
The Sixth Amendment states that “.. .the accused shall enjoy the right to a
speedy and public trial, by an impartial jury”.
In 1957 the American Bar Association* acknowledged the debt
American law and constitutionalism had to the Magna Carta and English
common law by erecting a monument in England at the place where the
document was signed.
1.	How did the signing of the Magna Carta influence the people of England?
2.	What were the colonists fighting for when they raised arms against their mother
country?
3.	Why did the American Bar Association erect the monument in England?
Bar Association — ассоциация адвокатов (имеющих право выступать в суде)
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THE ROOTS OF AMERICAN GOVERNMENT
Every year thousands of foreign and American tourists flock to
Virginia to visit the remains of Jamestown, the first permanent English
settlement in North America. Crumbling foundation stones and the ruins
of the old church tower mark the site of the original Jamestown, founded
in 1607. The decaying brick and mortar offer a striking contrast to the
enduring principles of self-government inherited from the English colonists.
This legacy of self-government enables Americans today to voice their
opinions without fear of reprisal, to choose their leaders, and to take an
active role in shaping the nation and communities in which they live.
Modem Americans, like the colonists, believe that there are natural rights
— life, liberty, and property—that governments are contracted to protect.
They state in the first ten Constitutional Amendments, known together
as the Bill of Rights, what they consider to be the fundamental rights of
any American. Among these rights are the freedom of religion, speech,
and the press, the right of peaceful assembly, and the right to petition the
government to correct wrongs. Other rights guard the citizens against
unreasonable searches, arrests, and seizures of property, and establish a
system of justice guaranteeing orderly legal procedures. These include the
right of trial by jury, that is, being judged by one’s fellow citizens.
The great pride Americans have in their Constitution, their almost
religious respect for it comes from the knowledge that these ideals,
freedoms, and rights were not given to them by a small ruling class. Rather,
they are seen as the natural “unalienable” rights of every American, which
had been fought for and won. They cannot be taken away by any
government, court, official, or law.
1.	Why are crowds of tourists attracted to Jamestown?
2.	What provisions does the Bill of Rights contain?
3.	Why are Americans so proud of their Constitution?
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BOSTON TEA PARTY
By the middle of the 18th century the
thirteen colonies that made up part of
England’s empire in the New World were
finding it difficult to be ruled by a king 3000
miles across the Atlantic Ocean. They were
tired of taxes imposed on them. But
independence was a gradual and painful
process. The colonists couldn’t forget that
they were British citizens, and that they owed
allegiance to King George III.
A tea party and a “massacre” were
the two events that hurried the destiny of
Americans. Along with the general unrest
these events united the colonists. In 1770 a
tea company in India, owned by England
was loosing money. To save the company,
England levied a tax on tea sold in colonies.
Boston citizens did not permit the unloading
of the British ships that arrived in Boston in
1773 with 342 chests of tea. The royal
governor of Massachusetts, Thomas Hutchinson, however, would not let
the tea ships return to England until the duty had been paid. On the evening
of December 16, a group of Bostonians, instigated by the American patriot
Samuel Adams, disguised as Native Americans, boarded the vessels and
dumped a cargo of India Tea Company into the Boston Harbour. Although
he kept to British tea tradition, King George didn’t like the colonists’ way
of “making tea”. In 1773, also in the Boston Harbour, British soldiers
were jeered and stoned by colonists who thought that the soldiers had been
sent to watch them. The soldiers fired into the crowd and killed a few
citizens. The colonists exaggerated the number of the killed and called it
“a massacre”.
I.	What were the relations between England and the American colonies in the middle
of the 18th century?
2.	Why were the events of 1773 in Boston called "a tea party"?
3.	What political events did the "tea party" and the "massacre” lead to?
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THE STORY OF A BELL
In Independence Hall in Philadelphia, the site of signing of the
Declaration of Independence, reposes one of the most cherished monuments
of American history, the Liberty Bell, which proclaimed the birth of this
nation on July 8, 1776. The magnificent old veteran is 12 feet in
circumference at the lip and weighs over a ton. The inscription on it calls
to proclaim liberty throughout the land for all its inhabitants. But although
it is as intimately associated with American independence as the Declaration
of Independence, the Liberty Bell, like many Americans, is an immigrant,
and it was not always known by its present name.
It was originally known as the Old Statehouse Bell or the Province
Bell. Back in 1751 civic leaders in Philadelphia decided to add a bell
tower and a fine bell to the Statehouse. So they ordered a bronze bell from
a famous bell foundry in London. Part of the order read: “Let the bell be
cast and examined carefully before it is shipped.”
In 1752 the new bell arrived safely from England, but at the first
blow of a hammer to test it, it cracked. Not wanting to delay by returning
the bell to England, the officials ordered the bell founders in Philadelphia
to remedy the fault. Two times it was recast before it was finally ready.
On July 8,1776, the bell rang to mark the adoption of the Declaration
of Independence. On April 16,1783, it proudly announced the proclamation
of peace and the newly won independence of the United States of America.
/. What is the Liberty Bell associated with for the Americans?
2. What happened to the Bell on its arrival to the United States?
3. What was the main mission of the Bell?
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THE LIBERTY BELL
One of the most cherished monuments of American history, the Liberty
Bell, proclaimed the birth of the new nation on July 8, 1776, marking the
adoption of the Declaration of Independence. On July 4, 1826, the bell
was nearly three quarters of a century old, and the nation whose birth it
had helped to announce was now a lusty youngster of 50. Joyous indeed
was the bell’s sound on that occasion. Then, on July 8, 1835, while tolling
for the funeral procession of John Marshall, Chief Justice of the Supreme
Court and one of the signers of the Declaration of Independence, the great
bell cracked.
Fearing that the crack would eventually destroy the historic bell,
officials ordered it taken down from the tower. It was after this that the
Liberty Bell received its name. Since then, the bell has been on display but
has never rung. In fact, no one living knows the voice of the Liberty Bell,
for it has never spoken since 1835. The crack, which appeared on that
occasion is prevented from widening by a mechanical device, called a
spider, installed inside the bell.
At the end of the 20th century the bell foundry in London that originally
cast the great bell made a friendly proposal — to ship the bell back to
England, melt it, and recast it at no cost to the United States. The keepers
of the bell considered the offer very seriously before giving an answer.
Then they decided. The cracked Liberty Bell is a cherished symbol of
America’s struggle for freedom. Just as a man’s facial lines are a visible
sign of the strain and stress he has survived, so the crack in the Liberty Bell
serves to remind Americans that their forefathers did not win liberty for
their country and its people without strain and stress. Therefore, on behalf
of the American people, the officials thanked the London foundry for its
generous offer but refused it.
/. How did the bell mark the birth of a new nation?
2. Why was the bell taken down from the bell tower?
3. Why did Americans decide to reject the offer of the British foundry?
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THE IDEAS OF JOHN LOCKE*
The ideas and writings of the seventeenth-century English philosopher
John Locke deeply influenced the political outlook of the American
colonists. Locke spelled out his political ideas in two treatises on
government, first published in 1690. His writings were widely read and
discussed in both Europe and America. Locke’s ideas seemed to fit the
American colonial experience. Colonial leaders such as Benjamin Franklin,
Thomas Jefferson, and James Madison regarded these ideas as political
truth. Locke’s ideas became so influential that they have been called the
“textbook of the American Revolution.”
Locke reasoned that all people were bom free, equal, and independent.
They possessed natural rights to life, liberty, and property at the time
when they lived in a state of nature, before governments were formed.
People contracted among themselves to form governments to protect their
natural rights. Locke argued that if a government failed to protect these
natural rights, the people could change that government. The people had
not agreed to be governed by tyrants who threatened their rights but by
rulers who defended their rights.
Locke’s ideas were revolutionary in an age when monarchs still
claimed they had God-given absolute powers. Locke denied that people
were bom with an obligation to obey their rulers. Rather, in his Second
Treatise on Civil Government, Locke insisted that freedom of people under
government is to have a standing rule to live by, common to everyone of
that society, and made by the legislative power vested in it.
Government, then, was legitimate only as long as people continued
to consent to it. Both the US Declaration of Independence and the
Constitution, written nearly a century after Locke, reflected Locke’s revolu-
tionary ideas.
1.	Why were Locke’s ideas called the “textbook of the American Revolution ”?
2.	Sum up Locke's ideas on government.
3.	Why were Locke's ideas revolutionary for times?
John Locke [bk] —Джон Лок
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GEORGE WASHINGTON
The first president of the United States, George Washington has been
called “the father of his country.” Son of a wealthy Virginia plantation
owner, Washington inherited several profitable estates.
During the War of Independence, which was fought against Britain,
Washington showed himself as a prominent officer in the Continental
armed forces. Then he got married and settled down to the comfortable
life of a country gentleman.
In 1774 he took part in the Continental Congress, which organized
the confrontation between the American colonies and their British rulers.
Chosen to lead the American Continental Army, Washington commanded
it throughout the entire War of Independence.
After the defeat of the British, Washington retired to private life on
his plantation, declaring his wish to live and die an honest man on his own
farm. Despite being a national hero, he did not want public office, but he
was persuaded to return to political duties. He presided over the drafting
of the United States Constitution, and in 1789 he was unanimously elected
the first president of the United States. Reluctantly, he accepted the office.
Washington served for two terms as president and would certainly
have been elected again had he not refused to run for a third term.
By the time of his death, Washington was universally admired for his
honesty, dignity, and patriotism. After his death, he was described as being
“first in war, first in peace, and first in the hearts of his countrymen.”
I.	Who was George Washington?
2.	Why is George Washington called "the father of his country"?
3.	What major events in the history of the United States did he take part in?
4.	What sort of life did George Washington want for himself?
5.	Why is he described as "first in war, first in peace, and first in the hearts of his
countrymen ’’?
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THOMAS JEFFERSON
Thomas Jefferson was perhaps the greatest man of the time of
American Revolution. He was not only a prominent statesman and the
third man to become President of the United States. He was a man who
wanted to explore every branch of knowledge. Of all his many achievements
there were three by which he wished to be remembered by the future
generations: “Author of the Declaration of American Independence, of the
Law of Virginia for Religious Freedom and Father of the University of
Virginia.”
The University of Virginia provides the real proof of Jefferson’s
talents as an architect. There are few buildings in America that produce
such immediate and unforgettable impression.
Jefferson had begun thinking of founding a University during his
Presidency. From the very beginning he had planned it in an entirely
different way from existing universities on either side of the Atlantic — as
an academic village.
In his enthusiasm Jefferson began work before the state legislature
gave official permission or financial support. The first stone of the building
was laid in October 1817. The next year the project received 15,000 dollars
from the state officials. They supported the idea of founding a state
university. Jefferson was appointed a chairman of a commission, which
had to select a place and draw up plans for the design and organization of
the University.
1.	Who was Thomas Jefferson?
2.	What were the three things he wanted to be remembered for?
3.	What made the University of Virginia different from the existing universities?
4.	When did Jefferson first think offounding a university?
5.	How was the university built?
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BENJAMIN FRANKLIN
Benjamin Franklin was a great statesman and politician at the time of
the American Revolution. He played a leading role in the conflicts of his
time in defense of liberty and human rights. Besides, he was an outstanding
man of science, too.
Franklin had many qualities of an inventor. They included great
curiosity, broad interest, mechanical skills, the ability to continue with the
task until completed, and a practical view of life. But even more than
these, he also believed that science could be used for the benefit of the
whole community. Today his philosophy of serving others through science
and invention still influences the history of science in the USA.
At the age of twenty-one, for example, while living in Philadelphia,
Franklin formed a club. It was a discussion group, which met each week.
At the meetings each member presented a question of science, politics,
literature, or philosophy, which was discussed by the entire group.
Franklin also liked practical experiments. His experiments in the
field of electricity, for instance, were perhaps the most famous. He studied
the heat of the sun and concluded that people should not wear dark colours
in hot weather. People soon followed his advice to wear white clothes in a
hot, sunny climate.
In the years that followed, Franklin continued an active life. He always
had faith in the steady progress of science. Franklin sometimes regretted
being bom too soon. He felt sorry he would miss the inventions of the
future.
1.	Who was Benjamin Franklin?
2.	What qualities of an inventor did Benjamin Franklin possess?
3.	What sort of club did Benjamin Franklin form in his youth?
4.	What practical experiments did he make?
5.	Why did Benjamin Franklin regret being born at his time?
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PATRICK HENRY
Patrick Henry was bom in May 29, 1736. Have you ever heard
someone speak so passionately that the speech moved you to do something?
Even as a young man, Patrick Henry had that kind of influence in the
American Colonies. A natural leader and a brilliant speaker, he believed in
individual rights and independence from the British government. As a
young lawyer, he astonished his courtroom audience in 1763 with an
eloquent defense based on the idea of natural rights, the political theory
that humans are bom with certain inalienable (incapable of being
surrendered) rights. The idea of natural rights is central to the Declaration
of Independence: “We hold these Truths to be self-evident, that all Men
are created equal, that they are endowed by their Creator with certain
unalienable Rights, that among these are Life, Liberty, and the pursuit of
Happiness.”
It was in St. John’s Church in Richmond, Virginia, that Patrick Henry
delivered his most famous speech. With war against Great Britain looming,
Henry proclaimed, “I know not what course others may take, but as for
me, give me liberty or give me death!”
As the first governor of Virginia and as a state legislator, Henry
continued to have profound influence on the development of the new
nation. He worked for the addition of the first ten amendments to the
Constitution. Known as the Bill of Rights, they guarantee certain freedoms,
such as the freedom of speech and religion.
1.	What talents did Patrick Henry possess?
2.	What were his beliefs?
3.	What unalienable rights should American citizens enjoy under the Declaration of
Independence?
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ABRAHAM LINCOLN
The sixteenth president of the United
States, Abraham Lincoln led the northern
states to victory in the American Civil War.
The son of a poor frontiersman, Lincoln spent
most of his childhood in a rough cabin in the
Indiana woods. He had little schooling, and
was mostly self-taught, but by the age of 30
he had become a successful lawyer.
Lincoln first attracted attention on a
national scale when he ran for the Senate in
1858 as a candidate for the new Republican
Party. During a public debate about slavery,
he stated that government couldn’t remain
half slave and half free. In 1860 — only two
years later — he was elected president.
Because of his antislavery views, Lincoln was
extremely unpopular in the Southern states,
and after his election South Carolina became the first state to withdraw
from the Union.
Shortly after his inauguration in 1861, the American Civil War broke
out between the Confederate States, where slavery flourished, and the
Union states, which were opposed to slavery. After four years of bitter
conflict Abraham Lincoln led the Union to victory.
On April 14, 1865, he was shot dead by John Booth, a southern
fanatic, while he was attending a theater performance in Washington,
D.C.
Abraham Lincoln is especially remembered for his words describing
democracy as “government of the people, by the people, for the people.”
1.	How did Abraham Lincoln spend his youth?
2.	What were Lincoln's ideas about slavery?
3.	Why was Lincoln unpopular in the southern states?
4.	What were the main conflicts of the Civil War?
5.	What are the most well-known Lincoln's words?

THE ROOTS
OF RUSSIAN LAW
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KIEVAN RUS
The importance of legal materials for an understanding of early
Russian history may be simply stated: virtually all of the few surviving
documents from the Kievan period are legal texts of one kind or another.
The earliest are in fact international legal documents, three peace treaties
concluded in the first half of the tenth century between the Kievan Prince
and the Byzantium, which offer insight into penal practices, the status of
foreigners, the law of shipwreck, and the ratification of treaties. With the
conversion of Kievan Rus to Christianity (988A.D.), a channel was created
for the reception of canon law and, perhaps, the means for reducing to
written form the enactments of the princes and customary rules applied.
There is a strong supposition that the Slavic peoples inhabiting the
lands of what became Kievan Rus had fashioned definite rules for inter-
personal and interclan or intertribal behaviour long before the Kievan
princes consolidated their authority. Whether the earliest surviving
compilations of Russian laws represented a creative codification of law or
a reduction to writing of customary law continues to be debated. So does
the extent to which the substance of the early document, which contains
striking parallels with aspects Anglo-Saxon law, was the result of mutual
influence or of the independent development of peoples at a similar stage
of societal development.
The surviving redactions pose internal obstacles to understanding as
well. Their obsolete terminology and grammar have given rise to
interminable debates about the true meanings of terms. Most of the texts
available for study were copied centuries after the original was allegedly
composed.
1.	What are the earliest legal texts of Kievan Rus?
2.	What changes did the conversion of Kievan Rus to Christianity bring?
3.	What difficulties do scientists face dealing with the surviving redactions of the
early Russian legal documents?
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EARLY RUSSIAN LAW
AND MONGOL SUBJUGATION
In the mid-thirteenth century there thundered across the Eurasian
steppes the most powerful armed adversary Europe had ever confronted.
For nearly two and one-half centuries the Golden Horde exacted tribute
from Russian cities. Kievan Rus, which in its prime had flourished as a
centre of civilisation with familial and commercial links ranging from
England and Scandinavia in the North, to Spain and France in the West,
Byzantium, Persia, and India southward, and China to the East, was
devastated by the Mongol advance.
The Mongol subjugation of Russia is regarded as the principal reason
for Russia’s failure to keep up with the pace of legal development in
Western Europe. Had Kiev survived, in the course of time universities
might have opened, law might have been systematically taught,
commentaries compiled, a legal profession formed, and the Russian legal
system might have come to resemble others of the Romanist tradition
more closely. The Mongols were not a sedentary people. It was not their
pattern to conquer and then permanently occupy territory. Rather, they
preferred to introduce a tributary structure, often relying upon local Russians
who appeared to be loyal, and to extract horrible retribution when the
tributary obligations were not observed. So far as the legal system was
concerned, the Mongols were content that it should operate quite normally;
but they imposed a style of autocracy and public administration which
many observers believe left an indelible imprint on subsequent Russian
styles of state leadership. It should be added that the Mongols did not in
principle oppose commercial or other interaction between Russian cities
or principalities and Western Europe. Why then could not have law in
Russia continued to develop under European stimulus? There is no
persuasive answer, but it may not be amiss to suggest that something other
than the Mongol presence needs to be taken into account.
1.	What was the political situation in Russia in the mid-thirteenth century?
2.	How did this situation affect the legal development of Russia?
3.	What was the Mongols' style of leadership in Russia?
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EARLY RUSSIAN LAW
Factional rivalries within the Mongol Empire led in due course to its
decline and destruction. In Central and Western Russia the Grand Prince
of Muscovy* gradually asserted his authority over neighbouring princes
and fashioned a centralized state which ultimately threw off the surviving
remnants of Tatar bondage and then militarily eliminated serious threats
to Muscovite lands from that direction.
As the Grand Prince’s authority extended over newly acquired
provinces, charters were issued to confirm the relationship to Muscovy or
to grant special privileges to certain communities. The most important
surviving text of this nature is the White Lake Charter of 1488, which
defined inter alia** the powers of the Grand Prince’s judges and laid
down judicial procedures and penalties. The Charter was followed nine
years later by what has been called the first national Russian Law Code of
1497. This and the other documents of 1550 are the two major legal
monuments of the period under consideration. Both law codes concerned
themselves primarily with the technicalities of judicial procedure.
The extent to which they created new rules of procedure or reflected
pre-existing patterns is much debated; the evidence of judgment charters
prior to 1497 would seem to indicate the transition to a vertical system of
justice with a hierarchy of courts and judges. The Grand Prince had the
right to act as judge in first instance or as final appellate instance in all
cases, if he chose. The right to the personal justice of the ruler was an
esteemed privilege in Muscovy.
1.	How did the Grand Princes of Muscovy gain and use their power?
2.	What were the reasons for issuing Charters in Muscovy?
3.	What powers did the Grand Prince have in trying cases?
* Muscovy ['mAskavi] — Московское Государство, Московия
** inter alia (lat) [intar7eilia] — среди прочего
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LITIGATION IN MUSCOVY
Litigation in Muscovy seems to have been open to anyone, from
princes to slaves, women, children, clergy, and bondsmen. Representation
and substitution were allowed at trial, even among witnesses and on appeal.
Witness testimony was the form of evidence most frequently used;
documentary evidence was less common. Witnesses unable to appear are
known to have sent depositions containing their testimony. Forgeries were
not unknown, and especially in land cases the court would personally
verify or authenticate the documentary evidence.
Divine justice also might be invoked. An icon or piece of turf might
be carried during boundary inspections and the appropriate oath taken.
Kissing the cross also appears as a means of confirming evidence or
independent means of proof. A judicial duel might be invoked, usually by
one of the parties but sometimes by initiative of the judge. Yet another
method of divine justice was the casting of lots. Foreign visitors to Muscovy
have left descriptions of judicial duel and accounts of their own involvement
in trials resolved by casting lots. In many cases the Muscovite judge
merely prepared a trial record* of the proceedings and submitted this to a
higher instance, which read the record and then questioned both parties to
the dispute. The higher instance would then come to a decision and instruct
the inferior judge accordingly.
On the whole, the Muscovite lawsuits of this period have impressed
scholars as an adversary type proceeding in which the two parties had
primary responsibility for initiating the case, presenting the evidence, and
adducing the arguments. The courts rarely summoned witnesses; judges
seemed to have refereed the proceedings by ensuring that each party had
full opportunity to present its case. Litigants did not employ professional
counsel. We have no evidence of a nascent legal profession. The judge did
ask questions, but mainly to ensure all evidence was presented. Cross-
examination or interrogation evidently was not practised.
1.	What did witnesses do in Muscovy when they couldn’t appear at trial?
2.	How was divine justice applied?
3.	How was the legal procedure performed?
* trial record — зд. доклад
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PRINCELY JUSTICE IN MUSCOVY
The Grand Prince had the right to act as judge in first instance or as
final appellate instance in all cases, if he chose. The right to the personal
justice of the ruler was an esteemed privilege in Muscovy. Certain categories
of the populace — the clergy, servitors and peasants of priests and
monasteries, some categories of peasants, guild merchants, foreigners
present in Muscovy as merchants or military personnel, among others —
were exempted from the ordinary courts and were dealt with by
departments* more responsive to the central authority.
The majority of cases, however, came to be heard by regional vice-
regents endowed with judicial powers in certain types of cases.
Notwithstanding the usual judicial channels, subjects retained the right of
direct petition to the Grand Prince to redress wrongs, which ultimately led
to the creation of a department specially charged to handle these.
The first national Russian Law Codes would appear to reflect a
realization that the personal dispensation of justice by the Sovereign had
become too complex; accordingly, a hierarchy of agents came to perform
these functions. But the judgment charters contain no conclusive evidence
of a fixed judicial hierarchy; on the contrary, some court officials appeared
to have different degrees of authority and sat on the same case on appeal
two or more times.
Litigation in Muscovy seems to have been open to anyone, from
princes to slaves, women, children, clergy, and bondsmen.
7. What judicial powers did the Grand Prince have?
2. What judicial institutions dealt with the clergy and the foreigners?
3. Was there a fixed judicial hierarchy in Muscovy?
departments — зд. “приказы”
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EARLY RUSSIAN JUDICIAL PRACTICE
Ivan the Terrible destroyed the power of the hereditary nobility and
abolished the right to pass in service from one lord to another without loss
of patrimonial property. The nobility became bound to the Tsar by service,
and in turn the peasants were bound to their landlords, gradually being
prohibited from leaving their estates and likewise becoming indirectly the
servitors of the Tsar.
Toward the end of the sixteenth century other progress was to be
noted. Trial by ordeal became uncommon, and trial by combat was formally
abolished in 1556. But in criminal proceedings investigation of allegations
was by torture, a practice, which endured well into the eighteenth century.
Evidence and proofs collected in this manner were then sent to Moscow,
where they were reviewed and, if the party was deemed guilty, punishment
assigned.
From Byzantium, Muscovy had received Christianity via Kievan Rus,
and with the fall of Constantinople in 1453 and the marriage of the Tsar to
Sophia, the niece and heiress of the last of the Byzantine Emperors,
Muscovy assumed the mantle of the ‘Third Rome’.
The Mongol tradition of tolerance for religious faiths was supplanted
in Russia by intolerance for the non-Orthodox. But the Tsar’s dual role as
head of State and Church contributed, many believe, to an attenuation of
some of the harsher features of the Mongol autocratic tradition being
adapted by the Muscovite rulers.
1.	What legal developments marked the second half of the 16th century?
2.	What changes did the conversion of Rus to Christianity bring?
3.	How did the Mongols treat Christianity?
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LAW REFORM IN RUSSIA
Peter’s modernization of the Russian state and elimination of the
patriarchalism as an alternative repository of power had implications mostly
for Russian administrative law, and indeed it was here that Peter’s chief
claim to law reform lay. He acknowledged the need for continued
systematization of Russian legislation and appointed no less than three
commissions between 1700—1720 to attend to the matter. None progressed
very far.
It was Peter’s reforms of the state apparatus and military law that
gave him claim to the title of law reformer. The Russian government was
reorganised with close account being taken of Swedish and German
practice. Recent archival research has disclosed that Peter sought and
obtained data on both the law and practice of Swedish institutions even
during the Northern War and modelled his collegial reform of 1718 on the
Swedish practice. Foreigners were extensively recruited to operate the
system until Peter could produce sufficient Russian trained personnel. In
1722 Peter established the Procuracy, perhaps also adapting Swedish
institutions, to act as the ‘eye of the Tsar’ and watch over the conformity
to law of actions of local officials and bodies. Military and naval law were
fundamentally reformed by the enactment of a Military Statute (1716) and
a Naval Statute (1721), both drawing upon European models, including
German, French, Swedish, Dutch, and English, remaining in effect with
minor modifications for more than a century, and extending to certain
civilian matters.
These were natural areas of concentration for the ruler intent on
modernization and at war constantly during his reign. Had he lived longer,
one may only speculate what other changes might have been brought in
law.
7. What was Peter the Great’s contribution into the Russian law?
2. How did Peter take advantage of the foreign experience?
3. What reforms gave Peter the title of law reformer?
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PETER THE GREAT
A powerful Russian ruler, Peter
the Great, expanded and modernized
his country. He was only nine when he
became the Tsar of Russia. Eager to
bring progress to his nation, he travelled
around Western Europe under an
assumed name. His journey resulted in
a number of important reforms in
Russia. He crushed the power of the
old nobility and imported foreign
experts and craftsmen to bring Western
skills to Russia. He also transformed
the country’s administration. When he
came to power, there were about eighty government departments. He
replaced these with only nine.
Peter the Great modernized the army and the navy. Troops were
equipped with Russian guns and uniforms, and, for the first time, the
soldiers were properly trained. Peter created a powerful navy by building
battleships. He forced his subjects to adopt Western dress and shave off
their beards, which were considered to be a symbol of the old days.
Peter the Great was good with his hands and a master of crafts such
as carpentry. He even pulled teeth. But Peter was a tough ruler. Thousands
of workers died building his magnificent new capital city, St.Petersburg.
Constantly at war, he made Russia far stronger than it had been before.
Though Peter was a harsh ruler, he was extremely brave - he died after
diving into a river in winter to rescue some drowning sailors.
1.	Who was Peter the Great?
2.	What did Peter the Great do to bring progress to his nation?
3.	How did Peter modernize the army and the navy?
4.	What were Peter's reforms in the country’s administration?
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RUSSIAN LAW IN THE 18th CENTURY
Peter the Great of Russia deserves to be classified as a great legislator:
he personally drafted or revised many of his enactments; it was he personally
who instructed that foreign laws and legal experience be assembled and it
was he who read or specially translated these materials for his own
edification. Whatever reception of foreign law may have occurred at
earlier stages of Russian history, Russia itself had never before reached so
insistently and assertively for foreign legal experience.
Peter’s immediate successors did not pursue his pace of reform;
however, within less than four decades a foreigner came to the Russian
throne whose enlightened attitude toward law and law reform rapidly earned
her the title ‘the Great’. Catherine II set about immediately to bring Russia
up to the standard of eighteenth-century Europe.
Peter I had taken the measures required to found the Academy of
Sciences in Russia, which opened shortly after his death in 1725. Law was
among the sciences to be pursued, and the Academy of Sciences was to
serve simultaneously as a research and a teaching institution, an Academy
and a university. The first appointee in law, Beckenstein from Germany,
offered lectures on natural law and politics. His successor appointed in
1738 was F.H. Strube de Piermont (1704—1790), who published at St.
Petersburg in 1740 a major study on the origins of natural law, in the
French language. In 1756 Strube delivered lectures treating the origins of
Russian law that were published in both Russian and Latin.
Three chairs of law were initially established within the Law Faculty
of Moscow University founded in 1755. Gradually, the number of law
students increased. The University professors introduced the practice of
teaching Russian law through mock trials and actual proceedings.
1.	Why is Peter the Great considered to be a great legislator?
2.	How did Peter the Great take advantage of the foreign legal experience?
3.	How did the foundation of educational institutions in Russia affect its legal
development?
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RUSSIAN LAW IN THE 19th CENTURY
Russia embarked upon the nineteenth century with a new Emperor in
a liberal frame of mind determined to modernize the state apparatus and
bring order to the chaotic state of Russian legislation. In 1801 the tenth
codification commission since Peter I was instituted. The Commission
looked initially to Europe for ideas. The works of Jeremy Bentham were
translated into Russian and the Code Napoleon was closely followed in
preparing the initial drafts. But imposing foreign schemes for
systematization did not find favour with Alexander I in the end; codification
work fell into desuetude, to be revived later in the 1820s. Russia would
look to her own historical experience and legislation to fashion a new code
of law.
Alexander I also introduced a ministerial reform to supplant the
collegial model of Peter the Great. Modelled upon the French scheme, the
administrative reform was accompanied by an expansion of the education
system and a transition to a system of civil service recruitment based on
examination performance rather than exclusively hereditary links.
‘Jurisprudence’ was among the subjects examined; it encompassed natural
law, Roman law, private law, criminal law, and the State economy. New
universities were founded and faculties of law formed. Foreign law
professors had to be recruited in the early decades, but preference was
given to Russian candidates and in the course of time Russian graduates
came to fill the majority of posts. Moscow University continued to offer
legal training in both the general law subjects and in the procedures and
arts of advocacy in Russian tribunals.
1.	What were the major advances in the work of the 1801 codification commission?
2.	What reforms made by Alexander I supplanted the collegial model of Peter the
Great?
3.	What are the major features of the Russian legal development of this period?
12*
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THE PRE-REVOLUTIONARY HERITAGE
Russian law and the Russian legal system are comprehensible only
against the background of their past: what was rejected, what was
transformed, what has endured. The 1917 October Revolution proclaimed
in the exuberance of its triumph a complete break with the past, and in
1918 there followed a formal repeal of Imperial legislation. But law is not
merely the statute book at any given moment of time; it represents an
accumulation of historical experiences, values, terminology, attitudes
constructed in the course of human affairs over many centuries. These are
the elements, which can not be wholly dispensed with by any functioning
society irrespective of how drastic a revolution it may undergo.
Reconstructing the pre-revolutionary legal heritage in the Soviet Union
was no easy task. Records for the early period are exceptionally sparse,
and for latter centuries, hardly touched by legal historians. Moreover,
within the frontiers of the Russian Empire there were dozens of legal
systems operating simultaneously: customary law of various tribes and
peoples, Islamic law, Baltic law, canon law, Georgian, Armenian,
Azerbaidzhani, Judaic, and others side by side with Russian law enacted
by the central authorities. But for a deeper understanding historical con-
text is of the utmost significance, nor should one lose sight of the fact that
all eras of Russian experience relate to the larger Western and Eastern
legal traditions. The development of Russian law itself was affected by
foreign law: Byzantine, Roman, Tatar, Polish, Swedish, German, French,
English, Italian.
1.	What difficulties do scholars face examining Russian law?
2.	Why was it difficult to reconstruct pre-revolutionary legal system in the Soviet
Union?
3.	What legal systems influenced Russian law in the course of its development? *Do
you know how this influence was performed?
THE BRITISH GOVERNMENT
OF TODAY
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THE GOVERNMENTAL MODEL IN THE UK
The governmental model that operates in Britain today is usually
described as constitutional monarchy, or parliamentary system. While a
monarch still has a role to play on some executive and legislative levels, it
is Parliament, which possesses the essential power, and the government of
the day, which governs by initiating and controlling political policy and
legislation. The correct constitutional definition of Parliament is “Queen-
in-Parliamenf’, and all state and governmental business is therefore carried
out in the name of the monarch by the politicians and officials of the
system.
In constitutional theory the British people hold the political
sovereignty to choose their government, while Parliament, consisting partly
of their elected representatives in the Commons, possesses the legal
sovereignty to make laws.
The various branches of this political system, although easily
distinguishable from each other, are not entirely separate. The monarch is
formally head of the executive, the legislature and the judiciary.
The legislature, which consists of both Houses of Parliament and
formally the monarch, is for most purposes the supreme law-making body.
The executive comprises the sitting government and its Cabinet,
together with government ministers of departments headed by ministers or
secretaries of state, who all act formally in the name of the monarch.
The judiciary is composed mainly of the judges of the higher courts,
who determine the common law and interpret Acts of Parliament. The
judiciary is supposed to be independent of the legislative and executive
branches of government.
1.	What role does the Sovereign play in constitutional monarchy?
2.	Why are the branches of the British political system not entirely separate?
3.	What are the functions of the three branches ofpower?
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THE BRITISH PARLIAMENT
In theory, the constitution has three branches: Parliament, which makes
laws, the government, which ‘executes’ laws, i.e. puts them into effect,
and the law courts, which interpret laws. Although the Queen is officially
head of all three branches, she has little direct power.
Parliament has three elements: the House of Commons, the House of
Lords and the Queen as its Head. Members of the House of Commons are
elected by the voters of 659 constituencies. They are known as MPs, or
Members of Parliament. The Prime Minister, or leader of the Government,
is also an MP, usually the leader of the political party with a majority in
the House of Commons.
The Prime Minister is advised by the Cabinet of about twenty other
ministers. The Cabinet includes the ministers in charge of major government
departments or ministries. Departments and ministries are run by civil
servants, who are permanent officials. Even if the Government changes
after an election, the same civil servants are employed.
The House of Lords consists of the Lords Temporal and the Lords
Spiritual. The Lords Spiritual are the Archbishops of York and Canterbury,
together with twenty-four senior bishops of the Church of England. The
Lords Temporal used to consist of hereditary peers who inherited their
titles (their rights have been severely curtailed recently); life peers who
are appointed by the Queen on the advice of the Government for various
services to the nation; and the Lords of Appeal (Law Lords) who become
life peers on their judicial appointments.
1.	What branches of power does the British constitution establish?
2.	What elements does the British Parliament consist of?
3.	Who sits in the House of Lords?
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MONARCH’S POWERS IN BRITAIN
Most functions performed by the monarch in Britain are, in practice,
carried out on the advice of the Prime Minister or other ministers.
A central power still possessed by the monarch is the choice and
appointment of the Prime Minister. By convention, this person is normally
the leader of the political party, which has a majority in the House of
Commons. However, if there is no clear majority or if the political situation
is unclear, the monarch could in theory make a free choice. In practice,
advice is given by royal advisers and leading politicians in order to present
an acceptable candidate.
Constitutionally, the monarch has the right to be informed of, and
advised on, all aspects of national life by receiving government documents
and meeting regularly with the Prime Minister. The monarch also has the
right to encourage, warn and advise ministers. This role could be a source
of potential power not only in Britain, but also in the Commonwealth of
which the monarch is head. It is difficult to evaluate the influence of
monarchical advice on formal and informal levels, although critics suggest
that it could be substantial. This raises questions about whether such
authority should be held by an unelected, non-democratic figure who could
potentially either support or undermine political leaders.
The monarch is a permanent fixture in the British political system,
unlike temporary politicians, and often has a greater knowledge of domestic
and international politics. The monarchy still has a considerable part to
play in the operation of government at various levels. Its practical and
constitutional importance is illustrated by provisions for the appointment
of counsellors of state (or a regent in exceptional cases) to perform royal
duties, should the monarch be absent from Britain or unable to carry out
public tasks.
Traditionalists fear that a modernized monarchy would lose that aura
of detachment, which has been described as its main strength. At present,
it balances between tradition and modernizing trends.
1.	What is the Queen’s main authority?
2.	What rights does the Queen possess?
3.	Why is there a bitter argument on the Sovereign's powers today?
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THE ROLE OF THE MONARCH IN BRITAIN
The continuity of the English monarchy has been interrupted only by
Cromwellian rule from 1649 to 1660, although there have been different
lines of descent. The Crown is one of the oldest secular institutions in
Britain and there is automatic hereditary succession to the throne, but only
for Protestants.
Since 1689 the monarch’s executive powers have been limited. But
the monarch still has a number of formal constitutional roles, and serves as
head of state, head of the executivejudiciary and legislature, commander-
in-chief of the armed forces, and ‘supreme governor’ of the Church of
England. Ministers and officials of the central government are the monarch’s
servants, and judges, military officers, peers and bishops of the Church of
England swear allegiance to the Crown. In holding these positions, the
monarch personifies the British state and is a symbol of national unity.
The monarch is expected to be politically neutral, and is supposed to
reign but not rule. But there are difficulties in defining the precise powers
of the monarch. Proposals have often been made to create rules, which
would establish the real powers of the office, clarify the uncertain elements
in the monarch’s position, and avoid the dangers of involving the Crown
in political and constitutional controversy.
However, for all practical purposes the monarch acts only on the advice
of political ministers, which cannot be ignored. The monarch cannot make
laws, impose taxes, spend public money or act unilaterally. Contemporary
Britain is therefore governed by Her Majesty’s Government in the name
of the Queen.
But the monarch still performs some important executive and legislative
duties. These include the summoning, opening, proroguing and dissolving
of Parliament; giving the Royal Assent to bills which have been passed by
both Houses of Parliament; appointing government ministers and other
public figures; granting honours; and fulfilling international duties as head
of state.
1.	What period in the British History interrupted the hereditary succession to the
throne?
2.	What authorities does the Queen enjoy?
3.	*In your opinion, why should the Sovereign be politically neutral?
4.	*Why is the Queen called the nominal head of the country?
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CRITICISM OF THE BRITISH MONARCHY
Critics who are against the monarchy as a continuing institution in
British life maintain that it is out-of-date, non-democratic, too expensive,
too exclusive, too closely associated with aristocratic privilege and
establishment thinking, and too closely identified with an English rather
than a British role. It is argued that the monarchy’s aloofness from ordinary
life contributes to class divisions in society and sustains a hierarchical
structure. It is also suggested that, if the monarch’s functions today are
merely ceremonial and lack power, it would be more rational and democratic
to abolish the office and replace it with a cheaper non-executive presidency.
Critics who are in favour of the monarchy argue that it is popular, has
developed and adapted to modem requirements, and is not remote. It serves
as a personification of the state; demonstrates stability and continuity; has
a higher prestige than politicians; is not subject to political manipulations;
plays a worthwhile role in national institutions; possesses a neutrality with
which people can feel secure; and performs an important ambassadorial
function in Britain and overseas. The monarchy also has a certain glamour
(some would say soap-opera quality) about it, which is attractive to many
people.
The British public show considerable affection for the royal family
beyond its representative role. But the behaviour of some of its younger
members, and the role of monarchy itself, have attracted considerable
criticism in recent years. Public opinion polls demonstrate majority support
for the monarchy as against a republican alternative, although the possibility
of a republic in the future is not discounted. But the polls also suggest that
the monarchy should adapt more to changes in society; that less public
money should be spent on it; and that its income should be subject to
income tax (which the monarch has now agreed to pay on some investment
income).
1.	What arguments do the opponents of the British monarchy give?
2.	Why is the monarchy still popular with the British public?
3.	What changes do the British suggest to perfect the institution of monarchy?
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WHY THE MONARCHY SERVES
THE BRITISH BEST
Nowadays seven of the fifteen countries of the European Union are
hereditary monarchies. Only one, Greece, has in recent times moved away
from this system and that can hardly be described as a conspicuous political
success. Spain has returned to a hereditary monarchy, which not only
heralded democracy but actually stepped in to save it. There is nothing
unmodem about a monarchy. Presidents live in palaces too. And they are
no more scandal-free than monarchs —just more political.
It may not be a wholly commendable human trait, but the fact is that
people do love to peep into the lives of the rich and famous. High profile
public figures — and few come under closer scrutiny than the Royal
family — increasingly have to live with the fact that the public has an
insatiable appetite for the detail and dramas of the family life of celebrities.
So divorce and marriage breakdowns are always a sadness for the family.
But no sane person would suggest that someone whose marriage has broken
down is an unsuitable person to hold a position of responsibility.
The Monarch herself has not put a foot wrong since the day she
stepped off the plane from Kenya as a Queen in 1952. Here is an imposing
array of statistics: weekly audiences with nine different prime ministers
over a 45-year span starting with Winston Churchill; state visits to 130
countries; an average of450 public engagements a year. They are impressive
enough. But Queen Elizabeth has shown herself to keep the monarchy
abreast with the times. On her own initiative she now pays tax on her
income. She has appointed a woman as her assistant private secretary. Her
direct and personal contact with people from all walks of life would have
been unthinkable 40 years ago. And given her head, she would be a much
more radical sovereign than it could be imagined.
I.	What is the current trend in the development of the institution of monarchy?
2.	What aspects of Royal life are in the focus of the public's attention?
3.	What activities does the Queen routinely perform?
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DOWNLOAD THE QUEEN
The queen of England is now
on-line. In the spring of 1997, Her
Majesty Elizabeth II launched the
first official royal web site, with 150
pages of history, information, and
trivia. We learn that Prince Philip
uses one of London’s black taxis for
trips around London (even though
his preference is for a Range Rover).
Instead of scandal about the Prince,
we get details of his favorite charity
or his trust that encourages start-up
ventures.
The queen has steadfastly refused to state whether she has herself
used a computer. Buckingham Palace has admitted only that she is ‘familiar
with the Internet.’ But it’s probably safe to say that she’s not up and
surfing. A spokesperson for the palace said that although the queen wants
the web site to be ‘user-friendly’, there are no major plans for on-line chat
sessions with Her Majesty.
The palace also doesn’t plan to reply to questions and comments posted
on the site. Buckingham Palace announced it can’t handle any more
communiques other than the 200 to 300 letters a day the Queen already
receives. There is a ‘visitor’s page’, however, where both fans and critics
of the crown can voice their opinions about the web site, comment on
matters such as Prince Charles’s relationship with Camilla Parker Bowles,
and express their grief over Diana’s tragic death. The site includes color
pictures of royal residences, historical tidbits, and even details about royal
finances. No doubt tight-lipped Queen Victoria is rolling in her grave.
Though London tabloids heralded the queen’s getting wired, her web
site is more educational for the general public. Buckingham Palace claims
it’s the royal family’s way of‘making the monarchy more accessible.’ If
the Palace wishes to reach a larger and younger audience — and opinion
polls show that British youth care much less about the House of Windsor
than their parents do — the Queen might have to do better than a web site,
in this day and age. Perhaps an all-night Royal Rave Party?
1.	What sort of information does the royal web-site deliver?
2.	What is the attitude of the British youth to the House of Windsor?
3.	What is the Queen ’s attitude to the World Wide Web?
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HOW POPULAR IS THE MONARCH?
In the United Kingdom the Queen is really a figurehead representing
the country, but she has the power to prevent any politician from establishing
a dictatorship. The Queen and her family are a symbol that people can
identify with. The British public is obsessed with the details of the royal
family life, and when people feel that the Queen has problems with her
children, they see her as a real person with the same worries and anxieties
as themselves.
The monarchy has not always been popular. During the late 19th
century there was a growing republican sentiment. During the reign of
Elizabeth II the royal family has experienced also some changes. Since the
1980s the public has become much more informed about the lives of the
royal family due to in-depth press coverage. Two of Queen Elizabeth’s
sons, Prince Charles and Prince Andrew, separated from their wives in
1992; both separations occurred amid a flurry of international press
coverage and were surrounded by accusations of infidelity and damaged
the reputation of the royal family.
But the personality and family image of the Queen, her father and
grandfather serve to remove the negative feeling. In 1992 the Queen and
Prince Charles agreed to pay income taxes on their personal income, the
first time the monarchy has done so. The Queen has always been a roving
ambassador for Britain, and if we calculate the increase in trade after a
royal visit abroad, the nation probably makes a profit from her activities,
and that does not take into account the income from tourism in Britain
generated by the monarchy and great state events such as royal weddings.
Just how popular is she? A newspaper in London conducted an opinion
poll. People were asked, “If there were no monarchy, who would you vote
for as President?” More than eighty per cent chose the Queen.
/. What makes the British feel so strongly about the royal family?
2. What is the royal family doing to restore its public image?
3. How popular is the Queen with the British public?
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THE HISTORY OF SPEAKERSHIP IN BRITAIN
The Speaker of the House of Commons acts as Chairman during
debates, and sees that the rules laid down by the House of Commons for
the carrying out of its business are observed. The Speaker must preserve
order in the House. It is the Speaker who selects (or calls) Members to
speak. And it is the Speaker who acts as the spokesman for the House on
ceremonial and formal occasions — as for instance, when an address of
congratulation was presented to the Queen on the occasion of her Silver
Jubilee in 1977. Nowadays such occasions are usually happy events; but
in past centuries a Speaker might have been called upon to deliver to an
autocratic and even despotic Sovereign a message, which might be much
less welcome — as, for instance, when the Commons disagreed to raising
a tax for the royal revenues. In fact, nine Speakers in older times are
known to have died a violent death.
The Speakership dates back under its present title to 1377 when Sir
Thomas Hungerford was appointed. The Speaker was often, up to the
seventeenth century, an agent of the King, though as stated above, some
Speakers encountered difficulties when reporting the view of the Commons
to the Monarch. During the Civil War, however, the struggle between the
Crown and Parliament was reflected in the attitude of Speakers to the
King. When King Charles I came to the House in order to arrest five
Members for treason, the Speaker ordered him to withdraw.
After the Restoration of the Monarchy, Speakers were usually
associated politically with Governments and often held an office in the
Government. By the mid-nineteenth century, the concept of the Speaker
being above any party became the norm.
1.	What are the duties of the Speaker as the spokesman for the House?
2.	How was the struggle between the Crown and Parliament reflected in the attitude
of the Speaker to the King?
3.	Why is it important that the Speaker is above any party?
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THE SPEAKER OF THE HOUSE OF COMMONS
It is hard to imagine what the House of Commons would be like if the
Speakership had not evolved in something like its present form, so central
to the House’s whole way of life is the direction and guidance it receives
from its chairman.
The Speaker acts as Chairman during debates, and sees to it that the
rules laid down by the House for the carrying on of its business are observed.
It is the Speaker who selects (or calls) Members to speak. He or she acts as
the House’s representative in its corporate relations with outside bodies
and the other elements of Parliament, the House of Lords and the Crown.
The Speaker is also responsible for protecting the interests of minorities in
the House.
It is obviously essential that debates should be conducted in an orderly
way, and unlikely that the course of debate would flow smoothly if there
were not some way of regulating who was to speak. The selection of those
who are to speak is therefore a very important one for the Chair, and one,
which has to be handled with tact and discretion. In a debate, official
spokesmen or women for Government and Opposition must take part, as
well possibly as those for the minor parties, those Members with
constituency interests, those who specialize in the subject under discussion
and those simply with a general interest. The Speaker, therefore, has to
balance all these requirements when working out who should be called.
At the beginning of certain debates, the Speaker may decide to invoke
the “short speech” rule, thus limiting individual speeches to a maximum of
ten minutes. The Speaker must preserve order in the House, and ensure
that its rules of debate are observed.
1.	Why is the Speakership so important for the House of Commons?
2.	What are the duties of the Speaker?
3.	What are the principles of the selection of those who are to speak?
4.	Why is the “short speech ” rule invoked?
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THE SPEAKER’S DUTIES
The Speaker acts as Chairman during debates, and sees that the rules
laid down by the House for the carrying on of its business are observed.
The Speaker must preserve order in the House, for instance, a Member
who makes an allegation against another, or expresses himself in language
which the rules do not permit, may be directed to withdraw the remark
concerned. In the case of grave general disorder, the sitting may have to be
suspended. In the case of willful disobedience by one or more particular
Members the Speaker can name* him or them, which will result in their
suspension — for a period — from the House. The Speaker has to protect
the rights of minorities in the House. He or she must ensure that the holders
of an opinion, however unpopular, are allowed to put across their point of
view without undue obstruction.
The Speaker does not vote in the House. If, however, there is a tied
vote**, the Chair must exercise a casting vote.
The Speaker must, of course, be above party political controversy
and must be seen to be completely impartial in all public matters. All sides
in the House rely on the Speaker’s disinterest and respect that he or she
must stand aside from controversy. Even after retirement, a former Speaker
will take no part in political issues. Assuming the office of Speaker will to
a great extent mean shedding old loyalties and friendships within the House.
The Speaker must keep apart from old party colleagues or any one
group or interest and does not use, for instance, the Commons dining
rooms or bars. The Speaker does, however, continue as a Member of
Parliament dealing like any other with constituents’ letters and problems.
1.	What are the duties of the Speaker?
2.	What measures can the Speaker take to preserve order in the House?
3.	What restrictions does assuming the office of Speaker suggest?
* to name — назвать no фамилии депутата, нарушившего парламентскую дис-
циплину
** tied vote — голосование, при котором голоса разделились поровну
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DEBATE IN THE HOUSE OF COMMONS
In the House of Commons, Members may speak only from where
they were called, which must be within the House, that is, in front of the
Chair. They may not speak from the floor of the House between the red
lines (traditionally supposed to be two sword-lengths apart). They must
stand whilst speaking, but a disabled Member would naturally be allowed
to address the House seated.
The style of debate in the House has traditionally been based on
listening to other Members’ speeches and intervening in them, on
spontaneous reaction to opponents’ views, often suffused with wit and
humour. It is thus very different from the debating style in use in some
overseas legislatures, where reading of set-piece speeches from a podium
or from individual desks is much more often the norm. This style of debate
makes the Commons Chamber a live, rather noisy place, with robustly
expressed opinion, many interventions, expressions of approval or
disapproval: sometimes of repartee and banter.
There is, of course, a fine line to be drawn between vigorous debate
and forthright expression of views, and the deliberate attempt to intimidate
an opponent. Members have the right, when speaking, to be heard without
unendurable background noise (deliberate or accidental), and the Chair
will call for order if it appears there is an attempt to drown out a Member
or, for instance, when a number of Members are leaving the Chamber, or
conversing loudly. But successive Speakers have taken care not to bridle
the traditional vigour and forthrightness of the expression of opinion in
the House, for the style of the House of Commons has never thrived on
excessive politeness and restraint.
The profound deference towards Ministers and Prime Ministers
apparent in some overseas parliaments is generally lacking in the Commons.
To maintain the spontaneity of debate, reading a prepared speech is not
allowed.
1.	Describe the general style of debate in the House of Commons.
2.	What is the difference in the mode of debate between Parliament in Britain and in
other countries?
3.	* Which style of debate do you find more appropriate?
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UNPARLIAMENTARY LANGUAGE
Language and expressions used in
the House of Commons must conform
with a number of rules. Good temper and
moderation are the characteristics of
parliamentary language. Objection has
been taken both to individual words and
to sentences and constructions — in the
case of the former, to insulting, coarse,
or abusive language (particularly as applied
to other Members); and of the latter, to imputation of false motives, charges
of lying or being drunk, and misrepresentation of the words of another.
Among the words to which objection has been taken by Speakers over the
years have been ‘blackguard, coward, guttersnipe, hooligan, rat, swine,
stoolpigeon and traitor’. The context in which a word is used is, of course,
most important.
The Speaker will direct a Member who has used an unparliamentary
word or phrase to withdraw it. Members sometimes use considerable
ingenuity to circumvent these rules (as when, for instance, Winston Churchill
substituted the phrase ‘terminological inexactitude’ for ‘lie’) but they must
be careful to obey the Speaker’s directions, or being required to withdraw
from the Chamber may follow a refusal to retract an offending expression.
The House nowadays allows members of the public (everyone who
is not a Member or Officer of the House is a “Stranger”) to be present at its
debates. This, however, was historically not always the case; and the right
to debate a matter in private is maintained. Should it be desired to conduct
a debate in private, a Member declares ‘I spy Strangers’, whereupon the
Chair must put the motion that ‘Strangers do withdraw’ without debate.
Because the House has not gone into private session since the Second
World War, and it is difficult to envisage peacetime conditions when it would
be the general will to do so, Members have tended to use ‘I spy Strangers’
as a device of expressing political indignation on a subject or to delay
proceedings. If the House did go into private session, no verbatim, sound
or television record of that session would be made. In previous times a
Member ‘ spying strangers’ meant that they had to withdraw automatically.
On one famous occasion in the 1880s, Mr. Biggar, an Irish Nationalist
Member, caused the Prince of Wales to be removed by use of this device.
I.	What purpose do the House of Commons' language bans serve?
2.	How do the MPs try to avoid these bans?
3.	What measures does the Speaker take against the offender?
4.	In what cases is the phrase "I spy Strangers " used?
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THE ENGLISH LEGAL SYSTEM
It is often said that the English legal system looks very fair in theory,
but in practice it is difficult for ordinary people to use. Firstly, it is extremely
expensive: a good lawyer costs two hundred pounds per hour. Secondly, it
is very formal with all sorts of rules in the court. Until recently the judge
and the lawyers used to wear extraordinary old-fashioned costumes: black
robes, high white collars and white wigs. The inside of the court is rather
like a church, with the judge looking down from a seat above the court.
The English legal system gives the judge a lot of freedom in deciding
on the sentence. The lightest sentence possible is community service. This
means unpaid work for a fixed number of hours, on jobs such as painting
hospital buildings or gardening for elderly people. There are also fines for
smaller things like parking in the wrong place, and these fines are usually
not big.
But fines can be used for serious crimes, too, if a criminal can not be
imprisoned — for example, when a company breaks the law. Then rich
people or organisations sometimes pay millions of pounds.
The standard punishment for serious offences is prison. Many people
feel that criminals should go to prison, but it is far from the perfect answer
to the problem. When prisoners are released, they often carry on with their
lives of crime; in fact, they meet other criminals inside, get ideas from
them, and make useful contacts. The prison system is extremely expensive.
Yet judges continue to send large number of people there.
There is no death penalty in Britain. It was abolished more than 40
years ago. Although some people think that it must be introduced again, it
will hardly ever happen.
/. Why is the legal system in Britain difficult for ordinary people to use?
2.	What is the lightest sentence possible in Britain?
3.	In what cases is an offender liable to a fine in Britain?
4.	Why is the prison system far from perfect?
5.	What is the public sentiment about the death penalty in Britain?
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THE ENGLISH CONSTITUTION
The English Constitution is the organic law of Great Britain providing
for the form and powers of government. It is rooted in historic traditions
and principles of liberty, which, in many respects, antedate the promulgation
of the Magna Carta in 1215, and which, since the 19th century, have been
held to affirm popular sovereignty.
Unlike the US Constitution and most other constitutions, the English
Constitution is not a systematic written statement of law, but consists of a
body of statutory law, customs, and judicial interpretations; it is frequently
called a customary or unwritten constitution. As an example, English law
makes no provision for so essential a feature of the British government as
the Cabinet, which originated in the 15th century as an advisory council to
the king, and developed, in connection with the rise of representative
government, to its present status as the executive branch of the government.
Unlike constitutions that make explicit provision for their amendment
and are often difficult to change, the English Constitution may be changed
easily. It may be altered, and in the past it has been altered, through the
slow accretion of custom, by an act of Parliament, or by judicial
interpretation.
Historians emphasize the antiquity and flexibility of the English
Constitution. Its uninterrupted development may be traced over a period
of more than 900 years, from the time of the Norman Conquest in 1066.
Throughout this period it remained adaptable, serving in turn the needs of
medieval society and the rule of the bourgeoisie who established
representative government and the former British Empire. It is now
compatible with such recent liberal measures as comprehensive social
insurance and the nationalisation of basic industries and the Bank of
England.
1.	What are the roots of the British Constitution?
2.	What is the difference between the British and American Constitutions?
3.	What makes the British constitution flexible?
THE AMERICAN GOVERNMENT
OF TODAY
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THE CONCEPT
OF BICAMERAL LEGISLATURE
In the waning years of the nineteenth century, political scientist and
future President of the United States, Woodrow Wilson, spoke to an
audience and outlined his views of the American government. “Our
Government, he said, founded one hundred years ago, was no type of an
experiment in advanced democracy, as we allowed Europe and even our-
selves to suppose; it was simply an adoption of English constitutional
system of government.”
One aspect of the United States’ English heritage is bicameralism.
The concept of bicameralism — a two-house legislature — originated in
England and came with the early English colonists to North America.
Bicameralism emerged in England’s Parliament. During the 1200s the
Great Council that included English nobles and bishops advised the
monarch. Knights and elected representatives from towns and regions also
met with the Great Council. In the 1300s the elected members and the
nobility and bishops began to meet separately, and Parliament became a
two-house legislature that included the House of Lords and the House of
Commons. Slowly, the Commons gained strength; first by winning the
right to discuss tax laws, and later by assuming the power to introduce
bills.
After the Civil War and the execution of Charles I, Parliament gained
control of the government. Then in 1660 Parliament restored the monarchy.
By the 1700s nations of the Western world admired and envied Great
Britain for its democracy and stability. It was the shining example of the
political theory of a balanced government.
The pure forms of government, as historian Bernard Bailyn noted,
were monarchy, the rule of one; aristocracy, the rule of the few; and
democracy, the rule of many or all. All three forms in the course of history
had degenerated repeatedly into their evil counterparts: tyranny, oligarchy,
and mob rule. But some success could be achieved by mixing elements of
these pure forms.
1.	How did President Wilson describe the origins of the American government?
2.	Describe the structure of a bicameral legislature.
3.	*Do you think monarchy inevitably leads to tyranny, or democracy — to mob
rule?
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US CONGRESS
In 1989, the US Senate commemorated the bicentennial of its first
meeting. By its continuity over the centuries, the United States Congress
has vindicated the Framers of the Constitution and affirmed their faith that
their great experiment in democracy would endure.
American Constitution created a system of checks and balances
between the separate Legislative, Executive and Judicial branches of the
federal government. In the Legislative branch, the Senate represents each
of the states equally, while the House* represents them according to the
size of their respective populations. Each state has two senators, who will
be referred to in the debate as “the senior senator from..and “the junior
senator from...” depending on their length of service.
The Constitution assigns specific powers and responsibilities to
Congress to enact legislation necessary to provide for the common defense
and the general welfare of the United States. It gives the Senate exclusive
authority to advise and consent on all nominations and treaties. Most
important, the Senate provides a forum where senators, elected by the
people, can debate different issues and form the laws under which the
nation operates.
Although its purpose is not always apparent, each legislative
procedure, each action, each debate plays a role in the legislative process.
Even the architectural and artistic features of the chamber represent various
stages of development in the Senate’s two centuries of history.
1.	What branches of government does the Constitution establish?
2.	In what way do the Senate and the House represent the states? Explain the
difference.
3.	What powers of the Senate are mentioned in the text?
the House — the House of Representatives
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US CONGRESS RULES
The main task of each house of Congress is the same — to make
laws. Because the House of Representatives and Senate differ in many
ways, each chamber has organized itself to carry out its work of making
laws. These complex rules enable Congress to carry out its lawmaking
duties.
Article I of the US Constitution says that each House may determine
the rules of its proceedings. Thomas Jefferson compiled the first manual
on the Senate rules when he was Vice President. He emphasized the
importance of such rules.
House rules are generally aimed at defining the actions an individual
representative can take. In the Senate, the rules are more flexible and
designed to make certain all senators have maximum freedom to express
their ideas. For example, the Senate usually allows unlimited debate on
proposed legislation, whereas the House limits representatives to speaking
for five minutes or less during a debate.
With fewer rules, the Senate has a more informal atmosphere. Senators
may debate a proposal for weeks or even months. In contrast, the complex
rules in the House require that legislation move quickly once it reaches the
floor. House debates rarely last more than one day. Moreover, leaders of
the House of Representatives have more power than leaders in the Senate.
For example, the rules of the House allow its leaders to make key decisions
about legislative work without consulting other House members.
Most of the work of Congress is carried out in Committees. Because
the House is so large, representatives generally do not make a practice of
expressing their positions on the floor, where they have only limited time
to speak. In the Committees, however, representatives have more influence,
and they have the time to study and shape bills.
1.	Why does Congress need special rules to regulate its work?
2.	What is the difference between the rules of procedure in the House and in the
Senate?
3.	Why is most of the work carried out in Committees?
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CONGRESS AND THE PRESIDENT
When the Founders of the US Constitution established the principle
of separation of powers, they did not make the three branches completely
independent. Although each branch has its own functions, they are related
in a system of checks and balances. As a result, Congress and the President
share certain powers. Thus, many of the President’s most important
executive responsibilities — such as making treaties, appointing federal
officials and judges, and paying the expenses of the executive branch —
require congressional cooperation.
On the other hand, all bills Congress passes require the President’s
signature before they become law. Overriding a presidential veto requires
a two-thirds majority in each house of Congress, which usually is difficult
to obtain. Consequently, a veto or even the threat of one is an important
legislative power the President exercises. In addition, modem Presidents
are expected to develop a legislative program and secure its adoption by
Congress.
The level of cooperation between Congress and the President has
varied throughout history. Usually, the best relations exist between the
two branches when the President makes few demands on Congress. Less
active Presidents who do not take an aggressive role in shaping legislation
may get along well with Congress. Those who propose major new programs
will almost surely come into conflict with the legislative branch. Recent
Presidents have frequently found it hard to work with Congress for several
reasons.
In domestic as well as in foreign policy, the President can seldom
count upon the automatic support of Congress, even when his own party
has a majority in both the Senate and the House. Therefore, he must be
able to convince Congressmen, the Representatives and Senators, of his
point of view.
1.	Why are the three branches of government not completely independent?
2.	Why is it difficult to override the president's veto?
3.	What does the level of cooperation between the President and Congress depend
on?
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LAWMAKING IN THE SENATE
Visitors going from the House of Representatives to the Senate are
often startled by the difference. The Senate chamber is smaller and quieter
than the House chamber. Usually only a few senators attend sessions. The
Senate chamber has 100 desks — one for each senator — facing a raised
platform where Senate leaders preside over sessions. The party leaders or
their assistants stay in the Senate chamber at all times to keep the work
moving and to look after their party’s interests.
As in the House, any member of the Senate may introduce a bill.
Procedures for moving bills through the Senate, however, are more informal
than in the House. Senate leaders control the flow of bills to committees
and to the floor for debate and vote. They do this by consulting closely
with one another and with other senators.
Senate leaders also try to schedule sessions to fit the interests and
needs of as many senators as possible. In contrast to the procedure in the
House, individual senators have the power to disrupt work on legislation.
As one former Senate leader declared, a senator, “if he wants to exercise
power, can tie up the Senate for days, and if he allies himself with a few
other Senators, he can tie up the Senate for weeks.”
The Senate brings bills to the floor by unanimous consent, a motion
by all members present to set aside formal rules and consider a bill. The
procedure has not changed much through the years. In 1913 Massachusetts
Senator Henry Lodge explained that the Senate conducted most of its
business through unanimous-consent agreements. He emphasized that
Senators depended on the principle of unanimous consent while discussing
both large and generally contested measures, and all the small business of
the Senate.
1.	Why are visitors to Congress startled by the difference between the two houses?
2.	Why is the procedure of debating a bill in the Senate more informal?
3.	How can a Senator disrupt the work of his chamber?
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THE SENATE’S DAILY SESSIONS
The ringing of bells throughout the Capitol and the three Senate
Office Buildings signals the opening of a day’s session, and announces
votes, quorum calls, and other legislative activities. The bells correspond
with a series of lights above the doors on the north side of the chamber,
and at various locations on the Senate side of Capitol Hill.
At the beginning of each daily meeting, the presiding officer
accompanies the Senate chaplain to the rostrum for an opening prayer.
The Vice President of the United States serves as President of the Senate
and therefore its presiding officer. In the Vice President’s absence, the
President pro tempore* — generally, but not always, the most senior
member of the majority party — presides, or will designate other senators
from the majority party to take the chair. Senators must direct all remarks
to the presiding officer, whom they address as ‘Mr. President’, or ‘Madam
President’.
At the long marble desk in front of the presiding officer are the clerks
of the Senate. The journal clerk records minutes of the proceedings, as is
required by the Constitution. The Parliamentarian advises the presiding
officer and members regarding Senate rules and procedures. The legislative
clerk calls the roll and receives bills, resolutions, and amendments offered
by members. At the two mahogany desks before these clerks are the staffs
of the party secretaries, who keep members of their parties informed as to
the subject matter at hand and tallies of votes cast. Senate pages are stationed
on both sides of the rostrum. They serve as messengers for senators and
are selected from among students who are in their junior year of high
school. The pages attend early morning classes in a school located at the
Library of Congress.
1.	Who serves as President of the Senate?
2.	What does the journal clerk do?
3.	Who are the Senate pages selected from?
pro tempore — temporary
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THE SENATE’S WORKING DAY
The Senate usually begins the day with ten-minute speeches by the
Majority and the Minority Leaders, followed by a period designated as
“Morning Business”. Members introduce bills and resolutions, which are
referred to the various committees for consideration. Members may also
request permission to speak briefly on any subject that concerns them.
Following ‘Morning Business’ the Senate may consider any
nomination and treaty that the President submits for the Senate’s advice
and consent. Nominations are confirmed by a simple majority, but the
Constitution requires a two-thirds vote of the Senate to approve treaties.
For much of the Senate’s history, all executive sessions were conducted in
secret, with the galleries cleared and the doors locked, enabling senators
to speak freely about the character of nominees and to avoid causing any
embarrassment to the nation’s treaty partners. Not until 1929 were executive
sessions routinely opened to the public and the press.
Legislative business consumes the largest share of the Senate’s time.
When committees report out legislation, the Majority Leader will attempt
to schedule it for the debate in the chamber. If both parties have agreed to
the bill, it may be enacted simply by “unanimous consent”, with only a
brief reading of its title and a request by the leadership that it be adopted
without objection, generally by voice vote. If a single member objects,
however, the Senate might not consider the bill at all, or may debate it at
length and a roll call vote* might be ordered.
1.	What issues are covered during "MorningBusiness”?
2.	What does an executive session usually consist of?
3.	How is the bill enacted if both parties agree to it?
a roll call vote — поименное голосование
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THE HISTORY OF IMPEACHMENT
Impeachment is the first step in the process specified in the
Constitution of the United States for removing the president, vice-president,
or other government official from office upon conviction of “treason,
bribery, or other high crimes and misdemeanors.”
Since the adoption of the Constitution, only one president, Andrew
Johnson (1868), has been brought to trial in the Senate on charges voted
by the House of Representatives. The Senate failed by one vote to convict
Johnson. In 1974 the House Judiciary Committee voted three charges of
impeachment against President Richard M. Nixon, but he resigned from
office before the charges could be voted upon by the House.
Impeachment proceedings have been brought with some frequency
against federal judges. In 1804, Supreme Court justice Samuel Chase was
impeached on purely political grounds, but his acquittal (1805) effectively
halted the use of impeachment to remove judges for political reasons. It
has often been said that the cumbersome and time-consuming process of
impeachment is unsuited to the removal of a merely venal judge.
Nevertheless, because the Constitution specifies that judges hold office
during good behavior, impeachment remains the only means by which a
federal judge may be removed.
Certain questions concerning the impeachment process have persisted:
whether it is judicial or political in nature; how to define high crimes and
misdemeanors; and whether a conviction can be appealed to the Supreme
Court. Although no conclusive answer can be given, it is safe to say that
the judicial process of impeachment will always be infused with political
motives.
1.	What officials can be impeached?
2.	Why does impeachment remain the only means for removal of federal judges?
3.	What controversial issues does the impeachment process generate?
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IMPEACHMENT
Impeachment is the first step in the process
' sPecified in the Constitution of the United
$tates ^ог removing the president, vice-
president, or other government official from
office upon conviction of ‘treason, bribery, or
other high crimes and misdemeanors.’ The
"	’	House of Representatives has ‘the sole power
и	of impeachment, ’ that is, the power of bringing
| kZTj	charges. The Senate has‘the sole power to try
’F''"'	all impeachments.’ A two-thirds vote is
required in the Senate for conviction. When the president is to be tried, the
chief justice of the United States presides. Conviction in an impeachment
proceeding results only in removal from office and disqualification to
hold ‘any office of honor, trust, or profit under the United States.’ A
person convicted in an impeachment, however, is subject to further
“indictment, trial, judgement, and punishment according to Law.”
Impeachment originated in England, where the House of Commons
would present articles of impeachment to the House of Lords, which then
tried the case. A well-known instance was the impeachment and trial
(1786—1795) of Warren Hastings, first governor general of India.
The Framers of the US Constitution, although committed to a
separation of powers and independence of the three branches of government
from one another, believed that a means must be provided by which officers
thought to be guilty of significant misconduct could be tried and removed.
They did not want the procedure to be overly simple to invoke, nor the
penalty too easily imposed — hence, the requirement of the two-thirds
vote for conviction in the Senate, and the stipulation that impeachment be
for “treason, bribery, and other high crimes and misdemeanors.” To George
Mason’s suggestion that “maladministration” be a ground for impeachment,
both James Madison and Gouvemeur Morris objected that so vague a term
would surely produce the result that tenure in office would be at the pleasure
of the Senate.
1.	What is impeachment?
2.	What are the grounds for impeaching an official?
3.	What consequences does an impeached official face?
4.	Why did the Framers of the Constitution work out complicated impeachment
proceedings?
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VOTING IN THE USA
Voting by the United States citizens is absolutely vital to the success
of American democracy — after all, democracy means rule by the people.
Through their votes, Americans have the power to select more than 500,000
government officials at all levels of government.
The right to vote, or suffrage, is the foundation of American
democracy. Today all the United States citizens over 18 years of age may
exercise this right. This situation did not always exist, however. In various
periods in the history of the United States, law, custom, and sometimes
even violence prevented certain groups from voting.
Before the American Revolution, the colonies placed many restrictions
upon the right to vote. Women and most blacks were not allowed to vote;
neither were white males who did not own property or pay taxes. Also
excluded in some colonies were people who were not members of the
dominant religious group. As a result, only about 5 or 6 per cent of the
adult population was eligible to vote.
Why did restrictions exist? Educated men of the time did not believe
in mass democracy in which every adult could vote. Even the Founders of
the Constitution did not believe in the average person’s ability to make
wise voting decisions. In their view voting was best left to wealthy, white,
property-owning males. As John Jay, first Chief Justice of the United
States, put it, “The people who own the country ought to govern it.”
During the first half of the nineteenth century, state legislatures
gradually abolished property and religious tests for voting. By the middle
of the century the country had achieved universal white adult male suffrage.
The fight for woman’s suffrage dates from the middle of the nineteenth
century, but not until after World War I, when the Nineteenth Amendment
was ratified, was woman’s suffrage on a nationwide basis put into effect.
1.	Why is the right to vote so vital for the Americans?
2.	Why did voting restrictions exist before World War I?
3.	*In your opinion, which people in society should not have the right to vote?
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PARTIES AND PARTY SYSTEMS
People rule in a democracy, but the voice and will of the individual
citizen can easily be lost in a nation as large and diverse as the United
States. One way that citizens ensure that government knows their views is
for them to organize into groups that wield political power. One example
of such a group is the political party.
A political party is a group of people with broad common interests
who organize to win elections, control government, and thereby influence
government policies. Although most nations have one or more political
parties, the role that parties play differs with each nation’s political system.
In nations that allow more than one political party, the most common
political system today is the multiparty system. France, for example, has 5
major parties, and Italy has 10. In such countries voters have a wide range
of choices on Election Day. The parties in a multiparty system often
represent widely differing ideologies, or basic beliefs about government.
In a multiparty system, one party rarely gets enough support to control
the government. Several parties often combine forces to obtain a majority
and form a coalition government As might be expected when groups with
different ideologies attempt to share power, coalitions often break down
when disputes arise, requiring new elections. Thus many nations with
multiparty systems are politically unstable.
Only about a dozen nations have systems where only two parties
compete for power. Although minor parties may exist in these democracies,
two major parties dominate government. In the United States, they are the
Republican party and the Democratic party. They had arisen by the end of
President Washington’s second term. They were called the Federalists
and the Republicans at that time.
1.	How do activities of political parties promote democracy?
2.	Why do nations with multiparty systems tend to be unstable?
3.	* In your opinion, which party system is more effective?
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THE ORIGINS
OF THE CIVIL SERVICE SYSTEM
When the United States began to establish its civil service system in
the 19th century, it had a long history upon which to draw. Historians
believe that public government officials — civil servants — date back to
the early civilizations of the Middle East. The longest stable civil service
in history, however, first developed in China.
China’s civil service established and elaborated the world’s greatest
system of hiring personnel on competitive basis. The idea to merit rating
for promotions, which is a characteristic of modem civil service systems,
also originated within the Chinese system.
The basic characteristic of China’s civil service system was an
educated and honest bureaucracy. Candidates were tested not only on
their grasp of specific topics of government but also on their knowledge of
history, literature, poetry, and art. Frequently, only 1 out of every 100
candidates passed the examinations and won a position. Every several
years thereafter, officeholders were tested again. The results, along with
periodic merit ratings based on job performance, determined whether they
received a promotion, retained their present level, or were dismissed.
Some type of civil service examinations became an accepted practice
in many later civil systems. Today the civil service in the United States
shares some of the characteristics common to the systems of China, Great
Britain, and some other European nations. In particular, they share the
concepts of examinations for appointment and promotions based on merit.
At the same time, the United States civil service maintains individual
characteristics based on the American system of government and values.
1.	What system gave birth to the US civil service?
2.	How were the candidates for the Chinese civil service selected?
3.	What characteristics are shared by the American, European and Chinese civil
systems?
3 — 9099
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THE AMERICAN CIVIL SERVICE
Many people think of a federal bureaucrat as a pencil pusher shuffling
papers in Washington, D.C. This image, however, is not accurate. First of
all, only 11 per cent of all federal government employees work in
Washington, D.C. Most of them work in regional and local offices scattered
across the United States and the world. Second, FBI agents, forest rangers,
and air-traffic controllers are as much part of the federal bureaucracy as
are secretaries and file clerks. Their activities have little to do with
bureaucratic paperwork.
Federal government employees play a vital role in assuring the smooth
functioning of the United States government. Who are the people who
work for the many departments and agencies that make up the federal
bureaucracy? The typical man or woman in the federal service is about 43
years old and has worked for the government for a total of about 15 years.
Federal workers are better educated than workers in the general population.
More than a half of them have some college training, while a quarter have
done graduate work at universities.
Federal workers hold a great variety of jobs. Besides administrative
workers, the government also employs doctors, veterinarians, lawyers,
cartographers, scientists, engineers, accountants, and many other
professionals.
The way the civil servants get their offices is also important. During
the first years of democracy, George Washington declared that he appointed
government officials according to “fitness of character.” Another president,
Andrew Jackson argued that long service in the same jobs by any group of
workers would only promote tyranny.
1.	What common features do federal workers have?
2.	What kind of jobs do government employees hold?
3.	How did civil servants get their offices in the first years of American democracy?
4.	How were governmental officials appointed in the first years of American
democracy?
ON RIGHTS
AND LIBERTIES
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RIGHTS AND RESPONSIBILITIES
OF AMERICAN CITIZENS
Basic rights are important in American society. The belief in human
rights or fundamental freedoms lies at the heart of United States citizenship
and enables people to worship as they wish, speak freely, and read and
write what they choose.
The Constitution guarantees the rights of United States citizens. Along
with the enjoyment of these rights, however, comes a responsibility to
ensure their strength and endurance. The people wrote the Constitution,
and in many ways United States citizens remain the keepers of their own
rights. Rights and responsibilities cannot be separated. As citizens, people
share a common fate in the power, they have to steer the course of
government. As is often said, Liberty lies in the hearts of men and women;
when it dies there, no constitution, no law, no court can save it. If people
do not carry out their responsibilities as citizens, the whole society suffers.
The Constitution of the United States guarantees basic rights in the
Bill of Rights, the first 10 amendments, and in several additional
amendments. The Framers of the Constitution believed that people had
rights simply because they were people. The Constitution and the Bill of
Rights inscribe into law those rights that really belong to everybody. The
Bill of Rights, in particular, stands as a written guarantee that government
cannot abuse the rights of individual citizens.
Today the Bill of Rights offers individuals protection not only from
congressional actions, but also from acts by state and local governments
that may threaten people’s basic rights.
1.	According to the text, what is the relationship between rights and responsibilities?
2.	What happens when people do not carry out their responsibilities in society?
3.	How does the Bill of Rights protect the rights of citizens?
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FREEDOM OF RELIGION
Writing in 1802, President Thomas Jefferson stated that the First
Amendment’s freedom of religion clause was designed to build “a wall of
separation between Church and State.” This separation makes the United
States different from many countries that have a state-supported religion,
as in Great Britain. In such countries, public tax money goes to support
one particular form of religion. At the other extreme, some countries
strongly discourage the practice of any religion.
The First Amendment guarantees freedom of religion in two clauses.
The first one states that “Congress shall make no law respecting an
establishment of religion.” The second clause requires that Congress should
not prohibit the free exercise of religion. This Amendment officially
separates church and state. In practice, however, religion has been part of
public life in the United States for a long time. Although Article VI of the
Constitution bans any religious qualification to hold public office, most
government officials take their oaths of office in the name of God. Since
1865 the nation’s coins have carried the motto “In God We Trust.” The
Pledge of Allegiance* contains the phrase “one nation under God.” Many
public meetings, including daily sessions of Congress and most state
legislatures, open with a prayer.
Government actually encourages religion in some ways. For example,
chaplains serve with each branch of the armed forces. Most church property
and contributions to religious groups are tax exempt. Thus, while the First
Amendment protects religion from government interference, church and
state are not totally separate in the United States. Attempting to define the
proper distance between the two has often resulted in continuing and
sometimes heated controversy. Under the Constitution this task falls on
the Supreme Court.
1.	What is the aim of separating church and state?
2.	How is freedom of religion guaranteed by the US Constitution?
3.	*Do you think religion should be encouraged by government?
The Pledge of Allegiance — Клятва Верности
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FREEDOM OF SPEECH
Democratic government requires that every person has the right to
speak freely. Of course, most people agree in principle with the right of
free speech. Everyone wants it for themselves, but they are sometimes
tempted to deny it to others whose beliefs differ greatly from their own.
The First Amendment to the US Constitution exists to protect ideas that
may be unpopular or different from the majority. Popular ideas usually
need little protection, but those who support democracy cherish diversity
of opinion.
What exactly is speech? Is demonstrating in front of a government
building to protest a new law a form of speech? To answer such questions,
the Supreme Court has distinguished three general categories of speech
that the First Amendment protects.
The verbal expression of thought and opinion before an audience
that has chosen to listen, or pure speech, is the most common form of
speech. Pure speech may be delivered calmly in the privacy of one’s home
or passionately in front of a crowd. Because it relies only on the power of
words to communicate ideas, the Supreme Court traditionally has provided
the strongest protection of pure speech against government control.
Actions such as marching or demonstrating are speech plus. Because
speech plus involves actions, it may be subject to government restrictions
that do not apply to pure speech.
The third type of speech, symbolic speech, involves using actions
and symbols, instead of words to express opinions. For example, protesters
burned the American flag to express their displeasure with the government.
Most justices have supported the idea that the rights of free speech
must be balanced against the need to protect society and that some restraints
on speech may exist.
1.	Why is freedom of speech required by democratic government?
2.	Which kind of speech is most strongly protected by the Supreme Court? Why?
3.	*In which cases do you think freedom of speech should be restricted?
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FREEDOM OF THE PRESS
In writing the First Amendment, the Founders of the Constitution
thought of the press as printed material — newspapers, books, and
pamphlets. They could not foresee the growth of technology that has created
new instruments of mass communication — and new issues regarding
freedom of the press.
Freedom of the press is closely related to freedom of speech. It moves
free speech one step further by allowing opinions to be written and
circulated. The press is important because it is the principal way people
get information. In today’s world the press includes magazines, radio, and
television along with newspapers because of their roles in spreading news
and opinions.
In many nations prior restraint — censorship of information before it
is published — is a common way for government to control information
and limit freedom. In the United States, however, the Supreme Court has
ruled that the press may be censored in advance only in cases relating
directly to national security. The following Supreme Court decision
illustrates this principle.
A case heard in 1931 concerned a Minnesota law prohibiting the
publication of any “malicious, scandalous, or defamatory” newspapers or
magazines. An acid-tongued editor of a Minneapolis paper had called
local officials “gangsters” and “grafters.” Acting under the Minnesota
law, local officials obtained a court injunction to halt publication of the
weekly. The Supreme Court ruled the Minnesota law unconstitutional
because it involved prior restraint.
For years this case defined the Supreme Court’s position on
censorship. The Court stressed that a free press means freedom from
government censorship.
I.	What is freedom of the press?
2.	What is the relationship between freedom of the press and freedom of speech?
3.	What is the US Supreme Court’s position on censorship?
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FREE PRESS AND FAIR TRIAL
In recent years the First Amendment right of a free press and the
Sixth Amendment right to a fair trial have sometimes conflicted. Does the
press have the right to publish information that might influence the outcome
of a trial? Can courts issue orders that limit news gathering in order to
increase the chances of a fair trial? Do reporters have the right to withhold
sources of information that may be important to a trial?
Before and during a trial, news stories about the crime can make it
difficult to secure a jury capable of fairly deciding the case. In 1954, the
Supreme Court overturned the conviction of Samuel H. Sheppard, for just
such reasons.
A prominent Cleveland physician, Sheppard was convicted of killing
his wife. The case had attracted sensational press coverage. Pretrial news
reports practically called Sheppard guilty. During the trial reporters
interviewed witnesses and published information damaging to Sheppard.
The Supreme Court ruled that press coverage had interfered with
Sheppard’s right to a fair trial. Sheppard was later found not guilty. In the
Sheppard decision, the Court described several measures judges might
take to restrain press coverage of a trial. These included: reducing pretrial
publicity; limiting the number of reporters in the courtroom; placing controls
on reporters’ conduct in the courtroom; isolating witnesses and jurors
from the press; and having the jury sequestered, or held in custody, until
the trial is over.
On the other hand, in 1972, the Supreme Court ruled that the First
Amendment does not give special privileges to news reporters. “Reporters,”
the Court said, “like other citizens, must respond to relevant questions put
to them in the course of investigation or criminal trial.” The Court added
that any special exemptions must come from Congress and the states.
I.In what way does the right of a free press conflict with the right of a fair trial?
2. Why did the Court overturn the conviction of Samuel H. Sheppard?
3. What measures can a judge take to restrain press coverage of a trial?
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MASS MEDIA
IN A DEMOCRATIC SOCIETY
Today more homes in the United States have television than a toilet.
The average adult watches TV three hours each day, and the average
child — four. By the time most American youths graduate from high
school, they will have spent more time in front of the television than in
class. In addition, Americans average 18 hours per week listening to radio,
three hours per week reading newspapers, and almost 2 hours each week
reading magazines. Truly, Americans live in a media age; but what are
they learning about their government and politics?
Unless a citizen is actually in the White House, on the floor of a state
legislature he or she cannot experience directly what is happening. Citizens
today know the political world largely through the pictures, words, and
expressions the mass media communicate to them. In reality, politics and
the mass media have become inseparable. Supreme Court Justice Lewis F.
Powell explained the importance of the mass media for citizens in a
democracy. He argued that an informed public depends upon accurate and
effective reporting by the news media. No individual can obtain for himself
the information needed for the intelligent discharge of his political
responsibilities. For most citizens the prospect of personal familiarity with
newsworthy events is hopelessly unrealistic. In seeking out the news the
press therefore acts as an agent of the public at large. It is the means by
which the people receive this free flow of information and ideas essential
to intelligent self-government.
Thus, the mass media have come to influence American government
and politics in ways that politicians from the last century, let alone the
Founders of the Constitution, could have never predicted.
I.	What is the role of mass media in the life of an average American?
2.	Why have politics and mass media become inseparable?
3.	Whose interests are represented by mass media?
4.	* In your opinion, what purpose should mass media serve in society?
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PROTECTING THE RIGHTS
OF THE ACCUSED
Dealing with crime and criminals poses a serious challenge to
democratic political systems. On the one hand, society must protect itself
against criminals. At the same time, individual rights must be preserved.
Justice in a democracy means protecting the innocent from government
police power as well as punishing the guilty.
To deal with this challenge, the Founders of the US Constitution
provided for a system of justice designed to guard the rights of the accused
as well as the rights of society. Laws were to be strictly interpreted, trial
procedures fair and impartial, and punishments reasonable. Later, the
Fourteenth Amendment further protected the rights of the accused.
The police need evidence to accuse people of committing crimes, but
getting evidence often requires searching people or their homes, cars, or
offices. To protect the innocent, the Fourth Amendment guarantees the
right of people to be secure in their persons, houses, and papers, against
unreasonable searches and seizures. What constitutes unreasonable searches
and seizures? No precise definition has been made, so the courts have
dealt with Fourth Amendment issues on a case-by-case basis.
Today the police must state under oath that they have probable cause
to suspect someone of committing a crime. Then they must obtain a warrant
from a court official before searching for evidence or making an arrest.
The warrant must describe the place to be searched and the person or
things to be seized.
Before 1980,23 states had search laws that permitted police to enter
a home without a warrant if they had probable cause to believe that the
occupant had committed a felony, or a major crime, but in 1980, the
Supreme Court ruled that, except in a life-threatening emergency, the Fourth
Amendment forbids searching a home without a warrant.
J. How does the US Constitution ensure the administration of justice?
2. What action should police take prior to arresting a suspect?
3. What has changed in the law since 1980?
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CRUEL AND UNUSUAL PUNISHMENT
The Eighth Amendment to the US Constitution forbids “cruel and
unusual punishment,” the only constitutional provision specifically limiting
penalties in criminal cases. The US Supreme Court has rarely used this
provision. For example, in 1981 the Court ruled that putting two prisoners
in a cell built for one is not cruel and unusual punishment.
There is a great controversy, however, over the death penalty. During
the 1970s the Supreme Court handed down several decisions on the
constitutionality of the death penalty. In 1972, the Court ruled that capital
punishment as then administered was not constitutional. The Court found
the death penalty was being imposed in apparently arbitrary ways for a
wide variety of crimes and mainly on African Americans and poor people.
This decision warned the states that the death penalty needed clarification.
Thirty-five states responded with new death penalty laws. These laws
took two approaches. North Carolina and some other states made the death
penalty mandatory for certain crimes. In this way, they hoped to eliminate
arbitrary decisions. It is argued, however, that such laws failed to take into
consideration the specifics of a crime and any possible mitigating
circumstances.
Georgia and several other states took a different approach. They
established new procedures for trials and appeals designed to reduce
arbitrary decisions and racial prejudice in imposing the death penalty. In
one case the Court ruled that under adequate guidelines the death penalty
does not constitute cruel and unusual punishment. The Court stated, ‘Capital
punishment is an expression of society’s outrage. It is an extreme sanction,
suitable to the most extreme of crimes.’
1.	Why is there a great controversy over the death penalty in America?
2.	What are the death penalty laws in the US nowadays?
3.	What two approaches to death penalty are described in the text?
4.	*Do you think capital punishment should be used in a democratic state?
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THE MIRANDA WARNING
“You have the right to
remain silent; anything you
say can be used against
you...”, these are the words
of the Miranda warning
which was created as a result
of 1966 United States
Supreme Court case, Miranda
vs. Arizona. It began when
Ernesto Miranda was arrested
at his home and taken into
custody to the police station,
where he was identified by a
witness as the man who had kidnapped and raped a woman. Police officers
took Mr. Miranda into an interrogation room and two hours later emerged
with a written confession signed by Mr. Miranda that also stated that the
confession was made voluntarily and with full knowledge of his legal
rights. The officers, however, failed to advise Mr. Miranda that he had a
right to have an attorney present.
The United States Supreme Court ruled that the confession could
not be used as evidence of Mr. Miranda’s guilt because he was not fully
advised on his legal rights, which included the right to have his attorney
present. The Fifth Amendment to the United States Constitution states
that no person can be deprived of life, liberty, or property, without due
process of law. To ensure that other accused criminals are made aware of
their constitutional rights, the Supreme Court ruled that a suspect who is
taken into custody and interrogated must receive a warning of the following
rights: the right to remain silent, that anything he says can be used against
him in a court of law, that he has a right of the presence of an attorney, and
that if he can not afford an attorney, one will be appointed for him prior to
any questioning if he so desires. The Miranda warning is now applied by
law officers throughout the United States as a result of this ruling.
/. Why is the warning about the legal rights of the American citizens called "the
Miranda warning"?
2. Why did the court rule that Mr. Miranda's confession couldn’t be used against
him?
3. What is the aim of the US Supreme Court ruling?
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WATERGATE
Watergate is the popular name for the political scandal and
constitutional crisis that began with the arrest (June 17, 1972) of five
burglars who broke into the Democratic National Committee headquarters
at the Watergate office building in Washington, D.C. It ended with the
resignation (Aug. 9, 1974) of President Richard M. Nixon.
The burglars and their two co-plotters were indicted on charges of
burglary, conspiracy, and wiretapping. Four months later, they were
convicted and sentenced to prison terms by a District Court Judge, who
was convinced that pertinent details had not been unveiled during the trial
and proffered leniency in exchange for further information. As it became
increasingly evident that the Watergate burglars were tied closely to the
Central Intelligence Agency and the Committee to Re-elect the President
(CRP), some of Nixon’s aides began talking to federal prosecutors.
The defection of Nixon’s aides quickly implicated others in Nixon’s
inner circle. The Senate established an investigative committee to look
into the growing scandal. Amid increasing disclosures of White House
involvement in the Watergate break-in and its aftermath, Nixon announced
the resignations of the two of his closest advisors, and the dismissal of his
counsel.
Growing suspicion of presidential involvement in the scandal resulted
in an intensification of the investigation. Soon it became clear that Nixon
had been involved actively in the cover-up from its beginning. These
disclosures destroyed the president’s remaining congressional support.
With the House* impeachment inevitable and Senate conviction probable,
Richard Nixon became (Aug. 9, 1974) the first US chief executive to
resign.
1.	What is the essence of the Watergate affair?
2.	What charges would President Nixon havefaced if he hadn ‘t resignedfrom office?
3.	Why did President Nixon resign?
4.	What did Nixon’s involvement in the affair result in?

Just
English
йи
Clones
are Coming
Pacts and Opinions
Discussion
Cloning was invented by God who created Eve out of Adam s rib
UNIT 1
SEPARATING FACTS FROM FICTION
Terms of Discussion
Before reading the texts, explain the following notions.
• genetic engineering
• biotechnology
• sociobiology
• eugenics
• nurture
• acculturation
• megalomania
•	infertility
•	to be physically identical
•	to be genetically superior
•	to be behaviourally identical
•	in-vitro fertilisation
•	test-tube babies
Question Time
Using your background knowledge, answer the following questions.
1.	What do you think human cloning means?
2.	Is cloning the same as copying?
3.	Were people ‘twinned’ in the past?
4.	Is cloning a matter of technology, morality and religion or politics?
Time for Reading
Breakthrough of the Century
Cloning has always caught the public imagination. We now have the
technology to take a few cells from a modem day Einstein, or a musical
genius or a child prodigy and to create hundreds of babies which have
exactly the same genes. Of course, as identical twins, clones will have
individual differences, separate identities — separate souls. However,
studies of twins raised apart show remarkable similarities. There is more
in our genes than we often realise.
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Just think how attractive that could be to some dictator who fancies
the idea of watching himself growing up, or dreams of populating the
world with a new race of genetically superior people.
Reasons why people want human cloning may be rational or
irrational. A recent U.S. survey conducted by CNN found that 6 per cent
of U.S. citizens think human cloning could be quite a good idea. These
reasons may vary widely. Here are a few:
•	Recover someone who was loved — a twin, a reminder.
•	Infertility — why not use a cell of your own to give birth to your
own twin?
•	Eugenics — an attempt to improve the human race.
•	Megalomania — a desire to reproduce one’s own qualities.
•	Spare parts—using a cell from your own body to duplicate yourself.
•	Assisting medical research.
•	Just curiosity.
Hello, Dolly!
On February 22, 1997
scientists at the Roslin Institute in
Edinburgh, Scotland announced
that they had done cloning of a
mammal from an adult cell. What
does this mean? In general terms,
the scientists took a mammary cell
from a sheep and put it into an egg.
They let this egg grow into an
embryo, and then transplanted this
fused embryo and put it in a recipient ewe, acting as a surrogate mother.
This occurred late in January 1996. This was a crucial day for the cloning
world. On July 5 at 4 p.m. Dolly was bom in a shed down the road from the
institute. The scientist given the credit was a 52-year-old embryologist Dr.
Ian Wilmut.
Unfortunately, six years later Dolly passed away, but she remains the
“Pioneer Clone”.
For details of Dolly’s life and death in the spotlight of public
attention see Unit 2.
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385
Use a cell from
your own body
to duplicate
yourself.
Just Facts
Cloning is a method that involves the production
of a group of identical cells or organisms that all derive
from a single individual. It is not known when or how
cloning humans really became a possibility, but it is
known that there are two possible ways that we can
clone humans. The first way involves splitting an embryo into several
halves and creating many new individuals from that embryo. The second
method of cloning a human involves taking cells from an already existing
human being and cloning them, in turn creating other individuals that are
identical to that particular person. With these two methods almost at our
fingertips, we must ask ourselves two very important questions:
Can we do this, and should we?
A Time magazine poll reported that 74 per cent of those asked believe
it is against God’s will to clone human beings. The U.S. President has
banned federal funds from being used for human cloning research, stating
that, “Any discovery that touches upon human creation is not simply a
matter of scientific inquiry, it is a matter of morality and spirituality as
well... Each human life is unique, bom of a miracle that reaches beyond
laboratory science...”
But others argue in favour of continuing human cloning research, of
continuing to clone human embryos and perhaps cloning adult humans in
the future. Some arguments in favour of human cloning might include the
fact that cloned human embryos would make research into genetics and
genetically related diseases, and their treatment or prevention, much easier
and cheaper. Cloning embryos could also facilitate the process of in-vitro
fertilisation, since the collection and replacement of ova is often painful
and traumatic, and can be unsuccessful.
Embryo cloning is also seen as a potential treatment for infertility
when in-vitro fertilisation is not available, such as when parents are infertile,
or when one or both parents has a genome coding for certain undesirable
traits or diseases, or if the parents are homosexual couples. Cloned
embryonic tissues might be used for the replacement of lost or diseased
tissues.
Adult cloning might appeal to those who desire children/adults who
are genetically identical to themselves, or genetically identical to someone
who they love or admire. There may be many other, personal reasons why
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parents would want their children to be genetically identical to someone
who is a non-family member. Cloning could provide a genetically identical
replacement for a lost loved one.
However, it is important to remember that a genetic clone, although
sharing an identical genome with their donor, will not be physically and
behaviourally identical to their donor. The clone will only be genetically
identical to the donor. Their physical and behavioural characteristics will
differ in many important and significant ways.
The Words of Wisdom
The most commonly cited ethical and moral arguments against human
cloning seem to originate from religious perspectives. These religious
arguments can even be made by politicians and scientists with religious
sympathies. Many religious philosophies teach, for example, that human
life is unique and special and should be created, determined and controlled
only by their deities. Many religions believe in the existence of, and in the
individuality of, a human soul. Many Christians, for example, are concerned
about whether it will be possible to clone the human soul, along with the
human body.
Not all religious leaders feel the same. In contrast to the opinions of
their peers, some Jewish and Muslim religious leaders testified before the
National Bioethics Advisory Commission that they feel that embryo and
cloning research might provide discoveries that would lead to an appropriate
way to counter infertility.
These will be some of the most difficult and interesting questions
that need to be decided. Would a cloned human be an individual? Would
it really be a human, with a soul? And what if this clone were then cloned
again, and again? What would their status and roles be? Other questions
and issues include a revitalisation of the “nature/nurture” debate. Will
genetically identical people be physically and behaviourally identical, too?
Will cloned humans really look exactly alike? Will they have identical
personalities? How will clones impact the future of twin studies meant to
ferret out the different impacts of genes versus the environment? What
will human clones be able to contribute to the perspectives of sociobiology?
The emergence of new technologies creates a new set of cultural
events and their consequences with which human cultures must come to
terms. Humans must define a status and role for any new technology. This
is a process of adaptation and acculturation. In a sense, this is a process
whereby humans try to decide what a new technology means to them.
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387
Did You Know?
Does the word “clone” mean “copy” ?
It does not. The etymology of the word “clone” is
the Greek term “cion” which means “twig”. A twig
shares the genetic information of its parent plant,
but will not look the same. The word “clone” is
often used as “copy”, but one must bear in mind that
only the genetic information is copied — the person
can never be copied.
Will a clone look exactly like the original?
Cloning ensures that the genetic material of the
offspring will be identical to the original. It does not
ensure that the offspring itself will be identical to
the original.
Even if the genetic design is the same, surroundings
and experience affect personality and lifestyle to
such a great degree that in some cases the clone
bears little resemblance to the original.
The clone will have different eating habits. He or
she will have different tastes in design, music, taste,
art and fashion. And since character and personality
affect one’s facial expression, the clone is even likely
to be distinct in physical appearance.
Twins often resemble each other closely because
they not only share genetic information, but also
environment and history.
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Will my clone and I be interchangeable?
If you, for example, clone yourself at age 30, there
will be a 30-year age difference between yourself and
your clone. This alone precludes interchangeability.
What’s the difference between in-vitro fertilisation and cloning?
In-vitro fertilisation involves taking an egg cell from
a female, fertilising it in the laboratory with sperm
cells from a male, and thus creating an embryo. Hence
the offspring is produced by sexual reproduction (even
if no sexual intercourse takes place). The child inherits
genetic material from both the mother and the father.
In cloning, meanwhile, the child is produced by
asexual reproduction. The child inherits genetic
material only from the original organism (also known
as the “template”).
Did You Get It?
I.	Answer the following questions.
1.	What is the new biotechnology called ‘cloning’?
2.	Why has cloning always caught public imagination?
3.	What are the rational reasons for people to want human cloning?
What are the irrational ones?
4.	What do you know about Dolly the sheep?
5.	What is the general public opinion about cloning?
6.	What are the most commonly cited moral and ethical arguments
against cloning?
7.	Do all religious leaders stick to the same opinion about cloning?
8.	Will genetic human clones be physically and behaviourally identical
to their donors? Why?
9.	Why do you think most people are against cloning?
IL Fill in the gaps with the appropriate words and expressions from the
box.
in the wrong direction; in the news; bizarre; science fiction novels;
experience; unbelievable possibilities; bombarded
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389
Cloning humans is an idea that has always been thought of as
something that could be found in, but never as a concept
that society could actually__________. It is much________________.
The public has been with newspaper articles, magazine
stories, books, television shows, and movies as well as cartoons. Much of
this information in these sources leads the public______and makes
them wonder how easy it would be for everyone around them to be cloned.
____________ideas about cloning lie in many science fiction books and
scare the public with their.
Words, Words, Words...
I.	Explain the meaning of the following words and expressions.
1.	to clone; a clone; cloning; cloning technology
2.	a child prodigy
3.	identical twins
4.	to fancy an idea
5.	a surrogate (substitute) mother
6.	to be given a credit
7.	to be a matter of scientific enquiry
8.	a peer
9.	to testify
10.	to provide a discovery
11.	a revitalisation
12.	environment
13.	to address a goal/need
II.	Fill in the gaps with the prepositions from the box and paraphrase
the expressions in bold type.
upon, from, with, beyond, into, to, to, to
1.	The new film he is making touches __________the problems of
young offenders and appeals_________human feelings.
2.	What country does this custom originate________?
3.	Millions of people in the world have access ________modem
technologies.
4.	Human civilisation is now facing the necessity of coming to terms
the consequences of new scientific and technological
developments.
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laboratory
5.	Moral and spiritual issues often reach far
science.
6.	Human cloning, along with research genetics, will greatly
contribute treatment of genetically related diseases.
Ш. Give synonyms for the following words.
•	a human being
•	to ban
•	to facilitate
•	rational
•	crucial
• traumatic
• unsuccessful
• a disease
• significant
• appropriate
IV. Give the opposites of the following words.
• moral
• legal
• painful
• direct
• reliable
• to improve
• safe
• significant
• appropriate
Means of Discussion
Study the phrases below which contain words and expressions used to
talk about.
CAUSE, REASON, PURPOSE and RESULT:
Cause •	Owing to the weather conditions, the flight was delayed. •	The delay was due to the weather conditions. •	The delay was caused by the weather conditions. •	The cause ofthe delay was a thunderstorm.	Reason and Purpose •	Her reason for not going with us was that she had no money, or: •	The reason she didn’t go with us was that she had no money.(less formal) •	I wonder what his motives were in sending that letter? (purpose)	Result •	He missed a lot of classes. As a result / As a consequence/ Consequently, he failed his exams. •	The result/consequence of all these changes is that no one is happy any more, (less formal). __ _ ... . >
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391
• The rise in prices sparked
off a lot of political protest
(often used for very strong,
perhaps violent, reactions
to events).
•	The President’s statement
gave rise to I provoked I
generated a lot of
criticism, (slightly less
strong than spark off).
•	The new law has brought
about / led to great
changes in education,
(often used for political/
social change).
•	This problem stems from
the inflation of recent
years.(explaining the direct
origins of events)
•	The court-case arose out
of allegations made in a
newspaper, (the allegations
started the process that led
to the court-case)
•	I wonder what prompted
him to send that letter?
(reason/cause)
•	She wrote to the press with
the aim of exposing the
scandal, (purpose)
•	I’ve invited you here with
a view to resolving our
differences, (a bit more
indirect than with the aim
of)
•	He refused to answer on
the grounds that his
lawyer wasn’t there,
(reason)
•	The purpose of their visit
was to inspect the
equipment.
•	His remarks resulted in
everyone getting angry.
•	The events had an
outcome that no one could
have predicted, (result of
a process or events,
meetings, discussions,
etc.)
•	The upshot of all these
problems was that we had
to start again, (less formal
than outcome).
•	When the election results
were announced, chaos
ensued, (formal)
Now, using these expressions, think of at least 7 sentences of your own,
referring to the possible applications and the future of cloning.
Time to Talk
In groups, discuss the following questions, employing the vocabulary of
the Unit, as well as CAUSE, REASON, PURPOSE and RESULTphrases.
1.	What are the needs and goals the cloning technology might serve?
2.	Who will have access to the technology and its products, for
example, will it be only special individuals or classes of people?
3.	Who will be benefited, and who will be harmed, indirectly as well
as directly, by the implementation of this new technology?
4.	What is the best case, and the worst case, scenario if this technology
were encouraged?
5.	The “nature/nurture” debate: will genetically identical people be
physically and behaviourally identical, too?
6.	Identity and soul: how do these two notions correlate?
UNIT 2
YESTERDAY S NEVER IS TODAY S
WHY NOT:
A GLIMPSE OF HISTORY
Terms of Discussion
Before reading the texts, explain the meaning of the following words
and expressions.
•	viable
•	to be ‘twinned’
•	fetal
•	nuclear transfer
•	embryo
•	offspring
• mammals
•	to breed
•	ageing
•	lifespan
•	genome
Question Time
Using your background knowledge, answer the following questions.
1.	Have you ever read any fiction stories or seen any films where the
issue of human cloning comes up?
a)	Retell the plot of one of these stories. What problems do they
touch upon?
b)	Render into English the article “Пока ученые спорят, Голливуд
вовсю клонирует” from the Appendix.
2.	What results do people try to obtain by breeding animals? Give
examples.
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Time for Reading
The History of Cloning
5000 B.C. — A better breed of corn
Early humans discover that if they plant seeds produced by the heartiest
plants, the next crop will be a strong one. This is the first step in manipulating
life to suit human needs — the ultimate goal of cloning.
1000 B.C. — Mules, the original hybrid
To ease their backbreaking labour, farmers breed female horses with
male asses to produce mules. Mules are desirable beasts of burden because
of their endurance, surefootedness, intelligence, and long lifespan.
1938 — Cloning is envisioned
The earliest known instance of cloning was first
envisioned by Hans Spemann, a German scientist.
He proposes what he calls a ‘fantastic experiment’.
He suggests taking the nucleus from a cell of a late-
stage embryo juvenile or adult, and transplanting it
into an egg. In other words, cloning.
1952 — A tadpole is cloned
A tiny tadpole makes history as the first cloned
animal. Using cells from a tadpole embryo, Robert Briggs
and Thomas King create new tadpoles identical to the
original donor.
1965 — Cloning goes camp
Cloning goes camp in the movie classic, “The Human Duplicators.”
Primitive special effects dominate this hilarious alien-invaders flick. The
plot is somewhat difficult to follow, but the low-budget shots of the alien
spacecraft and the cloning process make this a must-see.
1972 — Xeroxing a gene
Cloning steps down to the minute level with the first cloning of a
gene. Scientists isolate the gene, then bind it to an organism that incorporates
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the gene into its own DNA and multiplies, producing many copies of the
desired gene.
1976 — From mice to men
Rudolf Jaenisch of the Salk Institute for
Biological Studies in La Jolla, Calif., injects
human DNA into newly fertilised mouse eggs
to produce mice that are part human. When
the mice reproduce, they pass their human
genetic material to their offspring, creating a
slew of so-called transgenic mice. Different
human diseases can be studied by creating mice
with the appropriate genetic composition.
1978 — The world’s first test-tube baby
The world clamours for a glimpse of Baby Louise, the first child
conceived through in-vitro fertilisation. Using the husband’s sperm, British
doctors fertilise an egg in a petri dish, then implant the embryo in the
uterus of the healthy woman.
1978 — “The Boys from Brazil”
What would happen if cloning technology fell into the wrong hands?
Laurence Olivier, Steve Guttenberg and Gregory Peck star in this Third
Reich thriller based on the premise that the Nazis have relocated to South
America, only to continue their evil quest for a “pure race,” this time
through cloning.
1978 — A tale of human cloning
David Rorvik’s book, “In His Image: The Cloning of a Man,” is
published. In the novel, a man is cloned from skin cells. But this would be
scientifically impossible. Although skin cells contain all of the genes needed
for an embryo to develop, only the skin genes are active. Thus, all that
would be reproduced would be more skin cells.
1987 — From embryo to ewe
The first mammals, sheep and cows, are cloned from embryonic cells.
But animals cloned from embryonic cells contain the genetic material of
both parents because the embryos are sexually fertilised. Clones from
embryonic cells from the same parents fertilised at different times are as
different as brothers and sisters.
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1993 — Replicating T.Rex
Dino-clones appear in “Jurassic
Park.” A few strands of prehistoric DNA
have fossilised, and that is enough for an
ambitious theme-park owner to wreak
genetic havoc. Any plot in Steven
Spielberg’s money-churning franchise is
merely an excuse to string together
amazing special-effects scenes of raptors
running rampant, but that does little to detract from the most successful
cloning movie ever made.
1993 — “All about Eve”
Clones show upon “The X-Files.” Television’s best-loved FBI agents
are assigned to a mysterious case in which identical girls on opposite
coasts each wind up with a dead parent. It turns out the girls share a secret
— and that is not all they share, either. A genuinely spooky episode of the
cult-favourite show — demand among viewers was so high that Fox has
marketed a videotape of the program.
1995 — Sequencing the genome
Sequencing all of a bacterium’s genetic material is no easy task for
J. Craig Venter of the Institute for Genomic Research in Rockville, Md.
Venter uses chemical analysis to identify all the genes of Hemophilus
influenza, the bacterium that causes meningitis and children’s ear infections.
Scientists hope to sequence the human genome by 2005, which would
enable scientists to target specific genes for research.
1996 — Keaton’s comic cloning
Michael Keaton stars in the harmless comedy, “Multiplicity,” as a
contractor unable to juggle the demands of his busy life. The solution? A
mad scientist makes a few extra versions of him to go around. The film
skips over any messy scientific detail, but the sight of Keaton playing off
multiple versions of himself is enough to give pause to anyone considering
lending themselves an extra pair of hands.
1997 — Hello, Dolly
Dolly the sheep is cloned and bom in 1996, but the world doesn’t say
hello to Dolly until 1997, when her existence is revealed. Using older
techniques as well as some new tricks, Scottish researcher Ian Wihnut
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clones Dolly from an adult cell. He hopes to use this scientific advancement
to clone transgenic livestock.
1998 — A seed of evil?
Dr. G. Richard Seed, a Chicago physicist, an expert in artificial
fertilisation, announces his intention to clone human beings. Dr. Seed’s
goal in this case is to allow childless couples to raise children. He says he
has volunteers who wish to raise a child who would be the clone of his
own parents.
1998 — Cloning to be banned
Nineteen European States and most states of the U.S. propose to
introduce legislation which bans human cloning.
1998 — Old-fashioned ways are best?
On April 13, Dolly the sheep, the world’s first cloned animal, becomes
a mother, giving birth to a female lamb called Bonny. The baby lamb was
bom in the ‘old-fashioned way’ without involving cloning technology.
Despite Dolly’s unusual origins, the birth of her lamb confirms that she is
able to breed normally and produce healthy offspring.
1999 — The dead and the living
In Texas, a new calf was cloned from a dead bull.
Dutch scientists announced their intention to clone a mammouth,
using the genetic material from a prehistoric mammal found in Siberia.
The “original” animal died 20,380 years ago.
2001 — Legal dispute
On January 22, 2001 after a lengthy debate, the House of Lords —
the upper chamber of the British Parliament — passed a bill legalising the
cloning of human embryos. However, in November 2001 emergency
legislation to ban human reproductive cloning in the UK got the backing
of peers in the House of Lords. France and Germany sought a UN ban on
human cloning, stating that cloning is “contrary to human dignity”.
2001 — First human embryo cloned amid controversy?
U.S. researchers from Advanced Cell Technology (ACT) in Worcester
announced that they had cloned human embryos for the first time. Their
aim, they say, is not to produce cloned human beings but to create genetically
matched stem cells to treat a wide range of diseases. However, some experts
Clones are Coming	397
consider the research a complete failure because the cloned embryos all
died very early, long before reaching the multi-cell stage at which stem
cells could be harvested. The scientists cautioned that results were
“preliminary”.
2001 — It’s no fun to be a cloned mouse, say scientists
After following the lives and deaths of a dozen cloned mice for more
than two years, researchers in Japan came to a bleak conclusion: a clone’s
life is wheezy, liverish and short.
2001 — Copycat
Scientists have already cloned sheep, mice, cattle, goats and pigs.
But the world’s first cloned cat, announced in December 2001, is the first
time one of the two great traditional pets was copied. The world’s first
cloned kitten named Cc was created by scientists in Texas using a cell
taken from an adult tortoiseshell female. The cloned kitten heralds the
possible beginning of a lucrative industry to bring beloved family pets
back from beyond.
2002 — Monkey business
ANDi (“inserted DNA” spelled backwards) is the first genetically
modified rhesus monkey, “produced” at the Oregon regional primate
research centre, USA. The birth of ANDi, the first rhesus monkey cloned
by embryo splitting, is another incremental step toward designing and
perfecting new treatments for human genetic disorders.
2002 — Sect claims to have cloned a human baby
The world’s first cloned baby was bom on 26 December, claims the
Bahamas-based cloning company ClonAid. But there is no independent
confirmation of the claim. The girl, named Eve by the cloning team, was
said to have been bom by Caesarean section. The birth at an undisclosed
location went “very well”, said Brigitte Boisselier, president of ClonAid.
The company was formed in 1997 by the Raelian cult, which believes
people are clones of aliens. The claims caused a media frenzy, but the
cult’s obsessive secrecy about the identity of the parents and the cloned
child provoked suspicion that the whole story was a hoax to raise the
profile of the Raelians.
2002 — UN seeks anti-cloning treaty
The UN General Assembly’s legal committee created the group to
begin wording the anti-cloning treaty. However, the process is expected to
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take years, with all 190 member nations given the opportunity to have
their say on the issue. Many countries are introducing their own legislation
to outlaw human cloning.
2002—2003 — Humans fit for cloning???
Various laboratories and individual scientists announce in the media
that they are ready to start work on cloning humans.
2003 — Dolly the sheep dies young
She was a copy. And, like most copies, she faded a little bit quicker
than the original. Dolly the sheep, the world’s first animal to be cloned
from an adult cell, was put to sleep on February, 14, 2003. She was only
six and a half years old — barely 40 in human terms. Ian Wilmut, the
holder of the cloning project research licence at the Roslin Institute near
Edinburgh, made the final decision to put her painlessly to death. She had
been suffering from arthritis and a progressive lung disease. After the post
mortem Dolly will be donated to the National Museum of Scotland in
Edinburgh, where she will be stuffed and put on display.
2003 — US House votes to ban human cloning
The U.S. House of Representatives overwhelmingly voted to ban all
forms of human cloning on February 27, 2003, roundly defeating a rival
bill that would have allowed the use of cloning technology for medical
research. The Human Cloning Prohibition Act of2003 was passed by 241
votes to 155 after several hours of debate. It bans all human cloning,
including cloning to create a pregnancy or for medical research. It also
makes it a crime to “receive or import a cloned human embryo or any
product derived from a cloned human embryo,” with fines of $1 million
and 10 years in prison.
2003 — Britain rejects appeal on human cloning
On March 13, The House of Lords rejected an appeal by an anti-
abortion group. The group had appealed to overturn Britain’s decision to
allow therapeutic cloning, under strict licensing conditions, for research
into the production of compatible cell tissue for combating disease.
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Get the Facts Straight!
Read the following facts andput them in the correct chronological order.
•	After some unsuccessful
experiments scientists managed to
duplicate cows, pigs, cats and other
animals.
•	A healthy lamb later bom
by Dolly helps counter fears that
cloned animals may be prone to
age-related disorders.
•	Dolly, the sheep whose
birth in 1996 focused the world on
the promise and dangers of cloning
dies in Scotland.
•	Dolly the cloned sheep was transformed again — into a woolly
jumper! Her first fleece was made into a sweater which went on show at
the Science Museum in London on March 13, 1998.
•	Dolly displays genetic signs of premature aging.
•	Dolly is the first animal without a mother and father in the genetic
sense.
•	Dolly begins the second phase of her unnatural existence when her
stuffed remains are featured at the Royal Museum in Edinburgh’s exhibit
on DNA and cloning (April 11, 2003).
•	The story about cloning did not start with the famous sheep “Dolly”.
A long time ago, in 1962, scientists tried to clone frogs, but they never got
past the tadpole stage.
Did You Get It?
I.	Answer the questions.
1.	What are the implications of the title “From Seed to Seed”?
2.	What is, according to the text, the ultimate goal of cloning?
3.	When did the world’s first test-tube baby appear?
4.	What is meant by ‘genetic havoc’? How did it become possible in
“Jurassic Park”?
5.	How does Dr. Wilmut intend to use the scientific advancement of
cloning a sheep?
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6.	What is Dr. Richard Seed famous for?
7.	What attitude to cloning is being shown by the European and
American law-makers?
8.	What is, in your opinion, the most amazing fact about Dolly the
sheep?
9.	What was the public attitude to the Raelians’ claim that they had
managed to clone a human? Do you share the scepticism of the
media?
10.	Do you think cloning cats and dogs will become a lucrative
business in the future? Why?
II.	Fill in the gaps with the appropriate words and expressions from the
box. Note that some words can be used more than once.
survive; “twinned”; in the distant future ; adult human; in the very near future;
viable; fetal; until; improved and perfected; techniques; clones
__________the birth of Dolly, it was believed that the ability to clone an
adult human was either impossible or possible only_________________.
However, human embryos have been______________in the past! These were
not true________(although they have been called so) and they were not
__________, however, for they did not______.
An_____________can be cloned_____________. But a great deal more
research and development of the________used to clone Dolly is needed.
And it must be____________________for use on human embryos. Sheep
embryos have some special characteristics that make cloning them much
easier than cloning human embryos. Cloning an adult sheep was extremely
difficult to do; over 270 attempts were needed before Dolly was bom.
Many____________lambs did not__________the early stages of development.
Those lambs that were carried to term were bom with health problems,
and all but Dolly did not live long.
Words, Words, Words...
I.	Explain the meaning of the following words and expressions and use
them in the sentences of your own.
1.	to suit human needs
2.	to be a must-see
3.	to fall into the wrong hands
4.	on the premise that...
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401
5.	‘beasts of burden’
6.	scientifically impossible
7.	to wreak genetic havoc
8.	to be an excuse
9.	premature ageing
10.	to counter fears
11.	to be assigned to a case
12.	to juggle the demands of one’s busy life
IL Match each word on the left with the appropriate definition on the
right
1.	the ultimate goal
2.	to detract from
3.	to be prone to
4.	to string together
5.	backbreaking labour
6.	money-churning
7.	to skip over
a)	to stick together
b)	the final aim
c)	generating huge profits
d)	to omit in reading or dealing with
e)	hard physical work
f)	to have a natural tendency towards
something
g)	to take away a part, to lessen
III.	Give synonyms for the following words and make a short story
(5—7 sentences) using at least 6 of them.
•	hilarious
•	mysterious
•	amazing
•	spooky
•	to conceive
•	to clamour
•	to improve
•	to perfect
•	to reveal
IV.	Improve your translation skills by translating the following passage
into English, using the vocabulary you have just studied.
Современная цивилизация немыслима без научно-техническо-
го прогресса. Без него были бы невозможны величайшие достиже-
ния человечества. Однако бесконтрольное развитие науки и техни-
ки, особенно такое бурное, как в прошлом веке, таит в себе большую
опасность. Оружие массового уничтожения, техногенные катастро-
фы, экологический кризис — все это страшные последствия научно-
технического прогресса.
Одним из достижений современной науки, вызывающих опасе-
ния ученых и общества, стало клонирование. Еще несколько десяти-
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летий назад о нем писали лишь писатели-фантасты, тогда как сегодня
это тема научных дискуссий и общественных дебатов. Стремительное
развитие генной инженерии и расцвет биотехнологий в 1990-е годы
создали все условия для клонирования живых существ на практике.
В наши дни уже никого не удивишь клонированием овечки, кота
или обезьяны — это пройденный этап. Теперь исследователи замах-
нулись на большее: их привлекает возможность клонирования чело-
веческого существа.
Однако последствия такого эксперимента с социальной, юриди-
ческой и политической точек зрения пока непредсказуемы. Именно
поэтому проблема клонирования стала одной из острейших обще-
ственных, правовых и политических проблем нынешнего столетия.
Means of Discussion
I. Consulting the dictionary, supply the missing word forms.
verb	noun	adjective
9	success	successful
accomplish	?	accomplished
achieve	?	achievable
?	attainment	?
fulfil	?	fulfilling
?	realisation?	realisable
target	?	targeted
fail	?	?
II. Study the phrases below which contain words and expressions used
to describe the degree of SUCCESS and FAILURE.
•	I managed to contact him just before he left the office.
•	I don’t think I can manage the whole task today — it’s too big.
•	We succeeded in persuading a lot of people to join our project.
•	This company has achieved all its goals/aims/targets for this
year.
•	Do you think this plan will come off (succeed)?
•	Plans and projects often go wrong or misfire.
•	A plan or project may falter (go through ups and downs), even if
it finally succeeds.
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Use these words and expressions in the sentences of your own, referring
to the history of cloning.
III. Study the following scale of probability from ‘cannot happen ’ to
‘has to happen \
impossible — unlikely—possible — probable — certain — inevitable
Working in groups, imagine you live(d):
a)	in the Middle Ages (The times of Inquisition)
b)	in 1917
c)	in our time
d)	in 2050
Talk about the probability of artificially creating people from the point
in time you have chosen, using the above-mentioned adjectives.
Time to Talk
I. In groups, discuss the following question.
How can a quest for a ‘pure race’ be made through cloning? Who
would be interested in this?
II. A. Translate the following paragraph into English.
Несомненно, маленькая овечка Долли вызвала психологичес-
кий шок во всем мире. О масштабах потрясения свидетельствовала
немедленная реакция правительств, ученых, церкви. Президент США
выступил со специальным заявлением, в котором назвал экспери-
мент сомнительным с точки зрения морали. Британский парламент
одобрил резолюцию, согласно которой любые подобные работы не
должны выйти за стены лаборатории. Ватикан осторожно высказал
мнение, что эти опыты достаточно опасны. Огромная армия журна-
листов начала охоту за наиболее сенсационными прогнозами даль-
нейшего использования открытия.
Так началась ’Тонка клонирования”. Уже с первым блеянием
овечки Долли джинн был бесповоротно выпущен из бутылки. Про-
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гресс науки остановить невозможно. Это не под силу ни инквизито-
рам, ни КГБ и ФБР, ни парламенту, ни церкви. Прогресс — явление
стихийное, подобное землетрясению, и его нельзя автоматически
приравнивать к прогрессу человеческой цивилизации. Наука, как
природа, добру и злу внимает равнодушно. Все дело в том, в чьих она
руках, кому и чему служит.
В. Continue the text giving at least 5 sensational ideas for using cloning
technology.
UNIT 3
A STORM OF CONTROVERSY:
MORAL ASPECT OF CLONING
Terms of Discussion
Before reading the texts, explain the following notions.
•	ethics/ethicists	•	DNA
•	morality/morals	•	gene pool
•	scientifically ethical	•	transplant
•	identity	•	mutation
•	the Hippocratic Oath
Question Time
Using your background knowledge, answer the following questions.
1. What effective ways of coping with serious diseases are available
to modem medicine?
2. Why does society need medical ethics? Could we do without it?
Time for Reading
Cloning and Beyond
The benefits of this bold technique outweigh the risks,
and the danger is not what you think.
An elderly man develops a disease that destroys vision. To bolster
his failing eyesight, he receives a transplant of healthy retinal tissue -
cloned from his own cells and cultivated in a lab dish.
A baby girl is bom free of the gene that causes a genetically inherited
disease, even though both her parents are carriers. The reason? In the
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embryonic cell from which she was cloned, the flawed gene was replaced
with normal DNA.
These futuristic scenarios are not now part of the debate over human
cloning, but they should be.
There are dangers, but not the ones everybody is talking about. Cloning
is the technology that will finally make it possible to apply genetic
engineering to humans. First, parents will want to banish inherited diseases.
Then they will try to eliminate predispositions to alcoholism and obesity.
In the end they will attempt to augment normal traits like intelligence and
athletic prowess. Cloning could be vital to that process.
Perhaps now would be a good time to ask ourselves which we fear
more: that cloning will produce multiple copies of crazed despots, as in
the film “The Boys from Brazil”; or that it will lead to the society portrayed
in “Gattaca”, the recent science-fiction thriller in which genetic
enhancement of a privileged few creates a rigid caste structure. By acting
sensibly, we might avoid both traps.
Did You Know?
How long will I be able to live if I clone myself?
Cloning extends your lifespan by exactly zero. The
clone, when he/she grows up, will look like you,
but will only be a copy in appearance (and even
this can vary considerably, according to lifestyle).
In any case, whatever happens to the clone will not
affect you. You yourself will die, sooner or later,
unless someone develops drugs to halt the ageing
process. Think of cloning as “just another way of
having babies.”
Will my clone have a soul?
If human beings do indeed have souls in a spiritual
sense — this depends on your metaphysical
perspective — then it follows that any clone, as a
human being, will have a soul. If‘creation by God’
refers to ‘procreation via sex between parents’
(since the difference between clones and non-clones
is whether or not the parents had sex) and sex is
thus a prerequisite for the creation of a soul, then
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those bom via in-vitro fertilisation should also be
considered soulless — a rather strange thought
since some of the hundreds of thousands of test-
tube babies bom since 1978 have gone on to become
priests, nuns, and soul musicians.
Could some lunatic clone Hitler if human cloning were perfected?
Just possibly — but they wouldn’t get what they
wanted. First, they would need some living cells
from his body — unless it was frozen or otherwise
preserved soon after death they would probably be
unusable. More importantly, because of differences
in the environment and upbringing clone Hitlers
would not act, think or even look necessarily like
the original.
Could people be cloned without conscious brains (so that their body
parts could be harvested with fewer moral qualms)?
No. Whatever consciousness is, it doesn’t reside
in brain structure or set of genes that could be easily
removed from the clone before or during its
development. Moreover, attempting to surgically
or genetically erase someone’s “consciousness” is
itself morally dubious.
Could cloning help gay couples to conceive and make men unnecessary
for procreation?
In principle, yes. Of course a clone would have to
be the identical twin of one or the other partner - it
would be difficult to duplicate any of the mixing
of genes that occurs during sexual reproduction
using cloning techniques.
What if we end up all alike?
The global population is 6 billion. Even if500,000
people are cloned a year, that would still be less
than 0.01 per cent of the population. Gene pool
diversity remains unaffected.
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Should people be interfering with nature?
If you didn’t believe in interfering with nature, you
wouldn’t see a doctor when you get ill, you
wouldn’t take any sort of pills, you wouldn’t use
contraceptives, and you would be living in the
woods instead of sitting here!
Society versus the Individual
Bioethics
Medical Ethics or Bioethics is a study
ofmoral issues in the fields ofmedical
treatment and research. The term is
also sometimes used more generally
to describe ethical issues in the life
sciences.
Medical ethics traces its roots to
several early codes of ethics such as
the ancient Greek Hippocratic Oath,
which required physicians above all
to “do no harm”; professional codes
of ethics such as the one written by
an English physician Thomas Percival
in the 18th century that provided a
foundation for the first code of ethics established in 1846; and the
Nuremberg Code for research ethics on human subjects that was established
during the war crime trials at the close of World War II in response to the
gross abuses in human experimentation performed in Nazi Germany.
The advent of new medical and reproductive technologies after the
1950s further complicated the moral and societal issues of medical research
and practice. Many new questions of medical ethics have occurred as a
result of developments in medicine. Most of the issues concern the rights
of humans to control their bodies.
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The cloning technology opens
a Pandora’s box of ethical
questions and has sparked a
storm ofcontroversy around the
world.
In 1978 the birth of the first so-called test-tube baby was an important
technological breakthrough. Not surprisingly, in vitro fertiliation has raised
significant ethical questions, including some about the safety and access
to the costly technique. Another issue involved is the right of parents to
design their descendants.
Medical ethics issues are also posed by conflicts between society and
individuals. In most situations, medical ethicists are working to establish
codes that balance the interests of society with the rights of individuals.
New genetic technologies promise to make medical ethics an even
more central part of social decision making.
Medical ethicists are debating whether
or not genetic information is the exclusive
property of patients, or is instead the concern
of society. Some have wondered about
whether the manipulation of human cells
through genetic engineering is somehow
contrary to the laws of nature or religion;
others have proposed that it will lead to the manipulation of human genes
for eugenic purposes (improving the hereditary qualities of a race). This
issue remains unresolved and continues to challenge medical ethicists in
the 21st century.
Those seeking new ways to have families saw remarkable new options
take shape following the breakthrough in biotechnology in 1997. Ethicists
worried that cloning would present the opportunity for families to replicate
rather than reproduce, and that families with cloned children would thus
not allow their children to have freedom to explore their own horizons.
Others suggested that while cloning might be appropriate for some families,
allowing cloning technology to be governed by the market seemed
fundamentally unfair. Still other ethicists worried of the possibility that
cloning technology might be used by tyrants or military forces to create
engineered humans.
Ethicists emerged who were willing to defend human cloning. It was
argued that cloning is less morally problematic than families created by
in-vitro fertilisation, because cloned children are at least products of their
families’ DNA.
Everyone feared that this technique might be used by someone
irresponsibly, and doubts emerged about the ability of any country or the
United Nations to police biotechnology.
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Should We Be Cloning Around?
Read the following text and separate the arguments for cloning from
those against it
Cloning is merely
a different way
of making babies
4_________________________/
The possibilities of cloning are endless. Its
goals and purposes range from making copies of
those that have deceased to better engineering the
offspring in humans and animals. Cloning could
also directly offer a means of curing diseases or a
technique that could extend means to acquiring new data for embryology
and development of organisms as a whole. Cloning could also massively
improve the agricultural industry.
Scientists also ponder the idea of cloning endangered species to
increase their population. They foresee the cloning of pigs that will produce
organs that will not be rejected by humans. Cloning provides better research
capabilities for finding cures to many diseases. There are possibilities that
nuclear transfer could provide benefits to those who would like to have
children. For instance, couples who are infertile, or have genetic disorders,
could use cloning to produce a child. Equally important, women who are
single could have a child using cloning instead of in-vitro fertilisation or
artificial insemination. Nuclear transfer could also help children who need
organ transplants to have a clone bom to donate organs. Cloning could
also provide a copy of a child for a couple whose child died.
The biggest problem with the use of cloning on a large scale is the
decline in genetic diversity. If everyone has the same genetic material,
what happens if we cannot clone any more? If a population of organisms
has the same genetic information, then the disease could wipe out the
entire population.
Besides, the technique of nuclear transfer has not been properly
developed yet. For instance, it took 277 tries to produce Dolly, and Roslin
scientists produced many lambs with abnormalities. In 2003 sscientists
issued a fresh warning about the dangers of cloning after new research
found some animal clones died young. The possible negative long-term
effects of cloning give cause for concern about attempts to clone humans.
Other arguments for cloning involve taking nature into our own hands
by cloning animals or people. When will we draw the line for getting
involved in natural events? Religious organisations consider cloning to
cause men to be rcproductively obsolete. This claim was deduced by the
fact that cloning requires any cell, and a woman to develop in. They also
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claim that cloning does not respect the fact that humans have souls. They
consider cloning unnatural, and say we are taking the work of God into our
own hands.
There is a debate as to the moral rights of clones. Some say this will
occur because there is no birth of newness. Clones will not be received
with such excitement as a child of a couple who conceived naturally. They
say cloning would deprive a person of uniqueness. People also wonder
what mental and emotional problems would result if a clone found out that
he or she was cloned.
Did You Get It?
I.	Answer the questions.
1.	Can you name the medical codes of ethics mentioned above?
2.	What is meant by the ancient principle ‘do no harm’?
3.	Why was the Nuremberg Code established?
4.	What scientific developments complicated the moral issues of
medical research?
5.	What events of 1997 brought about new options for infertile
couples?
6.	Why do some ethicists consider cloning to be less morally
problematic than in-vitro fertilisation?
IL Fill in the gaps with the appropriate words and expressions from the
box. Note that some words can be used more than once.
for the sake of; morals; cater to; human development; offspring;
genetic material; objection; consequences; morally right; valuable tool;
in-vitro fertiliation; transplant
On the positive side of the issue, cloning could be a__________________
for the studying of_____________________, genetically modifying embryos,
and investigating new technologies. Using cloning to produce
______________for the sake of their organs is an issue that we must also face
and question whether or not it is_________________. No one will say that it is
okay to kill a human being their organs, but many have no
____________________to cloning thousands of individuals that look alike.
Technology seems to take away many of the that we have
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worked so hard to install in society. Most people only seem to want to
their own needs and do not bother to consider the
that society and the clone may have to face. The issue
of_____________________only leads the public to fear what may happen once
cloning takes over, if it does. Many people believe that is
more valuable than life itself.
B.
ethicists; ethics; thaw; siblings; concept; identical; society; frequently;
possibility
к______________________________________________________________________>
The issue of what parents and the clones should do and feel comes up
______________________when we ask our questions about the_____of cloning.
With the______________________________________________________of cloning their children, parents for example, can
build a family of clones by storing____________identical to their child in
a freezer and__________them out later when they decide to have another
child. Although these children would be of different ages, they would look
___________to one another. This_____only increases the crazy effects
that cloning can have on____________. What would one think if they were
walking down the street and they saw a mother and her children walking
side by side and they were__________looking just of different ages? Many
maintain that parents have the right to do what they want,
but others think that they should not take away any child’s chance at
individuality. Just think, how would you explain the__________of cloning
to your children, and what would their views about be?
C.
original; turn out; sneakers; view on life; rights; nurture; figure out;
personality; identical; cool
Environment plays a big part in determining how a clone may_______.
For centuries, scientists have been trying to________which factors play
the most important role in the development of the human_____________. Is
it nature,, heredity, or environment? How will it feel to be one
clone - among hundreds? Probably no worse than it feels to be the millionth
17-year-old dressed in___________baggy trousers, untied_____________and
baseball cap - a feeling usually described as ‘______’. Imagine walking
down the streets and seeing hundreds of people that are to
Clones are Coming
413
you but, just go by different names and dress differently. Cloning can be
used to help certain individuals live, but what will be the cloned
individuals’? Once cloning is done, the clone and its
should have the same as any other people.
Words, Words, Words...
I.	Explain the meaning of the following word-combinations and recall
the context in which they were used in the Unit
1.	to outweigh the risks
2.	to avoid a trap
3.	to trace roots
4.	to do no harm
5.	to provide a foundation
6.	a gross abuse
7.	to perform human experimentation
8.	to design one’s descendants
9.	social decision making
10.	exclusive property
11.	the manipulation of human genes
12.	for eugenic purposes
13.	to improve the hereditary qualities
14.	to be governed by the market
15.	engineered humans
16.	to take shape
17.	endangered species
18.	to be reproductive!у obsolete
19.	to be received with excitement
20.	to deprive a person of uniqueness
IL Find synonyms for the following words.
•	danger •	flawed (adj) •	benefit •	vital •	safety •	to seek •	remarkable	• to emerge • goal • deceased • to foresee • to reject • appropriate
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III. Find antonyms for the following words.
•	to create
•	danger
•	appropriate
•	to complicate
•	gross
•	irresponsible
IV.	Consulting a dictionary, explain the difference in the meaning of the
words in the following chains. Give examples illustrating their use.
•	to replace — to remove;
•	to banish — to destroy;
•	ancestors — forefathers — descendants — offspring — children —
siblings;
•	tyrant — despot — dictator — tsar — chief;
•	to debate — to discuss — to argue — to reason;
•	to replicate — to reproduce;
•	race — nationality — ethnic group — class — caste.
V.	Match each word and expression on the left with the appropriate
definition on the right.
1.	to cultivate
2.	to apply
3.	to occur
4.	developments in medicine
5.	technological breakthrough
6.	to pose a question
7.	costly
8.	to challenge
9.	to police
10.	on a large scale
11.	a means of
12.	to acquire
a)	to raise a question
b)	globally
c)	to invite; arouse a matter
which attracts attention
d)	expensive
e)	to regulate, control, or keep
in order by means of police
f)	to obtain
g)	instrument or method used
to attain a goal
h)	to produce something
and promote its growth
or development
i)	to put to use
j)	a significant consequence
or event in medical science
k)	a significant or sudden
advance, development
that removes a barrier
to technological progress
1)	to happen
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415
VI.	Fill in the gaps with the prepositions from the box and paraphrase
the expressions in bold type.
to; for; into; to; of; for; at; to
<___________________________________________________________________________________________________>
1.	The manipulation____human genes has a lot of potential dangers.
2.	The question of who will have access the costly new technique
is vital____the discussion of the future of cloning.
3.	Most religious leaders claim that artificial creation of human beings
is contrary______the laws of nature.
4.	It is still doubtful if the application of the new technology is
appropriate________eugenic purposes.
5.	Proponents of cloning are excited the opportunity of taking
nature their own hands.
VII. Improve your translation skills by translating thefollowing passages
in writing. Find the correspondences between the Russian and the English
texts.
A View on Cloning
My view on cloning is that it could be ethical
if the very first attempts succeeded.
Otherwise, I would think twice about it
because I fear that cloning could greatly
reduce our genetic diversity. I believe if we
were to interfere with this part of nature we
would undoubtedly fail. In addition,
mutations could occur.
Those who are afraid of cloning Hitlers, or
excited over cloning Einstein should calm
down. I would say the time and the
environment produced Hitler, not his DNA.
So you do not need DNA from Hitler to
produce a Hitler. I guess there are Hitlers
already among us.
Я полагаю, что реакция средств массо-
вой информации на вопросы, связанные
с клонированием, неадекватна. Те, кто го-
ворит, что с помощью этой технологии
будут производиться монстры-мутанты
или солдаты, которыми легко манипули-
ровать, далеки от истины.
Как могут появиться мутанты, если ге-
нетический материал оригинала и клона
идентичен? Конечно, могут быть какие-
то мутации, но они возможны и при
обычном способе размножения. Мы
просто не замечаем того, что среди нас
живут тысячи клонов: это однояйцевые
близнецы. И они не создают никаких
проблем в обществе. Ясно видно, что
внешне они очень похожи, но каждый из
них — личность.
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The statement that the birth of a clone will
bring no newness to nature is absurd.
Anyone who would viciously declare that a
clone is not new, and unnatural, would cause
more problem to cloning then cloning itself.
I mean a clone is living, it’s human. How
can you be disgusted by another human just
on the basis of how he/she has received its
genetic information?
Some scholars declare that human cloning
wouldalter the very meaning of humanity.
I think a clone would especially find the
meaning of humanity and become unique. I
think we strive to be unique because we
are human and not because we have
chromosomal DNA that is found nowhere
else.
Others argue that the random fusion of a
couple’s genetic heritage gives enough
distance to allow the child to be seen as a
‘separate other’. But, for example, I look
exactly like my father when he was my age,
though I am under the impression that I was
done the natural way. Thus, I believe the
old-fashioned way of having kids is not
giving me enough distance. So, a natural
kid like me already has the problem that a
clone would have. Anyone who argues that
cloning disregards the laws of God and
the souls of humans, should reconsider their
views. Cloning does not artificially produce
copies of adult humans. The mental and
emotional problems of clones would not be
any different from those of any child bom
by in-vitro fertilisation.
I think if we were to use cloning it should
be closely monitored as to what dangers
are involved in having copies of people.
Also, the ability to alter genes should only
be used for improving quality of life, but
not quality of the being!
Нет никаких сомнений, что соци-
альный статус “генетического двойни-
ка” человека, если таковой когда-либо
будет создан, ничем не будет отличать-
ся от самого обычного человека. Ибо для
его рождения необходима и яйцеклетка
и ДНК, которые могут быть взяты толь-
ко от конкретных доноров. Разумеется,
при этом возникнут определенные воп-
росы правового характера. Поставить
вопрос о принципиально новом мораль-
ном аспекте существования клонов - все
равно, что обсуждать “моральные про-
блемы” операции на сердце или удале-
ния аппендикса.
Другое дело, что могут найтись не очень
профессиональные (или не очень чест-
ные) ученые, которые могут попробовать
использовать клонированиев целях раз-
вития евгеники. Но такие попытки пред-
принимались уже неоднократно и без
всяких клонов. Что из этого вышло - об-
щеизвестно. А то, что это чревато гено-
цидом и другими далеко не высокомо-
ральными действиями - то тут дело уже
не в клонах и не в ДНК.
Таким образом, что из ебя представляет
“сенсационное” открытие? Только оче-
редной шаг развития биологической на-
уки, последствия которого вряд ли будут
столь же велики, как раздутая вокруг него
газетная шумиха.
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417
Means of Discussion
I.	Study the phrases below which are used to express BELIEF and
OPINION.
Phrases for expressing BELIEF'.
' ' ' ..........-
•	I’m convinced we’ve met before, (very strong feeling that you’re
right)
•	I’ve always held/maintained that watching TV is a waste of
time, (used for very firm beliefs)
•	I feel she shouldn’t be forced to do the job. (strong personal
opinion)
•	I reckon they’ll get married soon, (informal, usually an opinion
about what is likely to happen / to be true)
•	I doubt we’ll ever see total world peace, (don’t believe)
•	I suspect a lot of people never even think about environment.
(have a strong feeling about something negative)
,,
Phrases for expressing OPINION*.
•	In my view / in my opinion / to my mind / If you ask me, we
haven’t made any progress, (fairly informal)
•	From a teacher’s point of view, the new examinations are a
disaster.
Use these expressions in the sentences of your own, referring to the
moral aspects of cloning.
II.	Using these expressions, fill in the gaps and make up at least 5
sentences of your own.
•	to believe in
•	to think of
•	in favour of
•	to be for or against
•	to have (no) doubt(s) about
•	(to have) views on
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1.	Do you God?
2.	What are your_______divorce?
3.	What do you the possibility of scientific research in this
field?
4.	I’m_______capital punishment.
5.	Are you long prison sentences?
6.1 have this plan.
Time to Talk
I. In groups, discuss the following questions, employing the vocabulary
of the Unit, as well as the phrases used for expressing BELIEF and
OPINION.
1.	Is human cloning scientifically ethical?
2.	Why is it necessary to balance the interests of society with the
rights of individuals?
3.	Should genetic information be the property of society or individuals?
4.	What kind of body can be created to control cloning at the
international level?
IL Study the following points of view obtained as a result of an opinion
poll conducted in Moscow streets. Translate them into English and say
if you share these opinions.
МНЕНИЯ ОПРОШЕННЫХ НА ТЕМУ “КАК ВЫ ОТНО-
СИТЕСЬ К КЛОНИРОВАНИЮ? ХОТЕЛИ БЫ ВЫ, ЧТОБЫ
ОПЫТЫ ПО КЛОНИРОВАНИЮ ЧЕЛОВЕКА ПРОВОДИ-
ЛИСЬ И В НАШЕЙ СТРАНЕ?” РАЗДЕЛИЛИСЬ ПРАКТИЧЕС-
КИ ПОРОВНУ:
•	Мы не должны отставать от других стран. Это научный про-
гресс.
•	Если посредством клонирования будет проведена селекция
порядочных людей, то это ускорит выход России из генетического
кризиса. А определить, кто порядочный, можно путем референдума.
•	Клонирование — научное открытие. Запретить его нельзя. Его
судьбу должны решать ученые.
•	Науку нельзя остановить никакими силовыми средствами. В
истории была масса таких примеров. Тот же автомобиль. В начале
века у него было очень много противников. Сейчас нашу жизнь без
него нельзя представить.
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419
•	Людям не страшно будет умирать. Если человек заболеет, он
может сделать себе двойника. Нужна государственная сеть учрежде-
ний, в которых будут проводиться подобные опыты только при тя-
желых заболеваниях для замены органов.
•	Ежели запретят, богатенькие и власть имущие все равно будут
делать, а нам, простым людям, ничего не достанется.
•	Захотел ребенка — сделал себе подобного: хоть голубого, хоть
зеленого. Человек будет только внешне похож, а мозги будут все
равно другие.
•	Ребенок и так наследует какие-то черты своих родителей. Что
плохого, если малыш будет очень похож на маму или папу? А поче-
му церковь вмешивается, не понимаю. Она ведь отделена от государ-
ства.
•	Земля столько народу не прокормит!
•	Это может привести к демографической катастрофе или ис-
чезновению настоящего человеческого генофонда.
•	Это — дьявольщина!
•	Нельзя клонировать душу человека.
•	Производство людей — это божий промысел. Он определяет,
сколько мальчиков и девочек, сколько негодяев и хороших. Нельзя в
это вмешиваться.
•	Нельзя искусственно создавать людей. А как же искра божья,
которая дается любому человеку при рождении?
•	Это равнозначно испытаниям, которые проводили фашисты.
•	Хороших людей должно быть много!
The opinion poll showed that men are mostly for cloning while women
are against it. How can you explain this tendency?
III.	Comment on the following statements.
1.	When cloning comes about, society profits will increase, and people
will be willing to pay anything for a clone of themselves. Society will do
all kinds of things for money.
2.	Technology seems to take away many of the morals that we have
worked so hard to install in society. Most people only seem to want to
cater to their own needs and do not bother to consider the consequences.
3.	“Why not make a few backup copies of the embryo and keep a few
in the freezer in case Junior needs a new kidney...?”
4.	Cloning from an already existing human will provide the opportunity
for parents to pick their “ideal” child. They will be able to pick out every
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aspect of their child and make sure that it is perfect before they decide to
have it.
5.	A type of black market for embryos could easily develop someday.
Soul versus Body Debate
A. Study the following paragraph and express your opinion on the
problem.
The Church of Scotland has already stated that to clone human beings
would be ethically unacceptable as a matter of principle. To replicate
any human technologically is a violation of the basic dignity and
uniqueness of each human being made in God’s image, of what God
has given to that particular individual and no one else. This represents
unacceptable human abuse, and a potential for exploitation which
should be outlawed world-wide.
B. Divide into two teams and give your arguments for and against when
answering the following questions.
•	Is it possible to clone the soul and what will this mean?
•	In contrast, if a person is cloned, but not his soul, what will this
mean?
•	Can a clone without a soul be destroyed without offending moral or
religious beliefs?
IV.	Choose one of the statements below and write a short essay on the
subject.
1.	The cloning technology opens a Pandora’s box of ethical questions
and has sparked a storm of controversy around the world.
2.	The parents should not take away any child’s chance at individuality.
3.	Human cloning is an extremely social matter, not a question of
mere personal privacy. There are three dimensions to the moral
question: the wholeness of life, the individuality of life, and the
respect for life.
4.	Why did the Vatican condemn the technology of cloning as being
perverse and unscrupulous?
UNIT 4
THE CASE FOR CLONING:
LEGAL ASPECT
Terms of Discussion
Before reading the texts, explain the following notions.
•	legal/illegal
•	moratorium
•	ban
•	to legalise
•	legal status
•	to enact legislation
•	to introduce legislation
•	scientific community
Question Time
Using your background knowledge, answer the following questions.
1. Do you think the law should regulate such issues as scientific
research?
2. Can a ban on cloning research stop the scientific development in
this area?
Time for Reading
What do You Do with a Genie out of the Bottle?
It is impossible to reverse knowledge, but it is society’s prerogative
to state which pieces of knowledge should remain unused — “can do”
never implies “must do”.
It would appear that many are attracted by the idea of human cloning,
but maybe they have not fully understood the implications. Even supposing
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someone would try, there are many serious obstacles to be overcome. A
scientist would take the risk of ostracism from a disapproving medical and
scientific establishment, and know that a journal would possibly refuse to
publish any paper on the subject. Then he or she would have to persuade
or induce dozens of people to take part in prolonged illegal experiments. It
would need donors, egg cell recipients and surrogate mothers in fairly
large numbers, to take part in experiments.
There are many reasons why what is scientifically possible is not
always done. It is a commonplace that most active research scientists
create far more potential research ideas than they have the time, people
and money to pursue.
If scientists succeed in cloning a human being, the human rights of
the cloned baby must be protected. Even if the safety of cloning of human
beings is established, this does not mean that the procedure should be
allowed. The act of creating human beings with identical genetic structures
through asexual reproduction could have major repercussions on the
sanctity of human life and on our social order. Fears of such repercussions
are the reason that many countries have passed legislation banning the
cloning of human beings.
To Ban or Not to Ban?
EUROPE: In January 1998, officials of 19 European states signed
an agreement outlawing human cloning. Countries signing were: Denmark,
Estonia, Finland, France, Greece, Iceland, Italy, Latvia, Luxembourg,
Moldova, Norway, Portugal, Romania, San Marino, Slovenia, Spain,
Sweden, Macedonia and Turkey.
“Nothing will be resolved by banning certain practices in one country
if scientists and doctors can simply work on them elsewhere,” French
President Jacques Chirac told a conference of Europe’s national ethics
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423
committees. “It is only at the international level that we will be able to
prohibit cloning and genetic manipulation that could alter the characteristics
of the human race,” he said in opening the conference.
Significantly, Britain was not among the 19 members of the 40-
member Council of Europe which signed the anti-cloning agreement.
The 1998 accord prohibited “any intervention seeking to create a
human being genetically identical to another human being, whether living
or dead.” It rules out any exception to the ban. The text, which became a
part of the European Convention on Human Rights and Biomedicine, allows
the cloning of cells for research purposes.
For CONTEMPORARY analysis of international legislation on cloning,
see APPENDIX article “Запрет клонирования человека в европейском
праве”.
* * *
THE U.S.: In 1997, within days of the published report on Dolly the
sheep, the U.S. President instituted a ban on federal funding related to
attempts to clone human beings. In addition, the President asked the
National Bioethics Advisory Commission (NBAC) to address within ninety
days the ethical and legal issues that surround the subject of cloning human
beings. This provided a welcome opportunity for initiating a thoughtful
analysis of the many dimensions of the issue, including a careful
consideration of the potential risks and benefits. It also presented an
occasion to review the legal status of cloning and the potential constitutional
challenges that might be raised if new legislation were enacted to restrict
the creation of a child through somatic cell nuclear transfer cloning.
In 1998 in Illinois, a bill was introduced to make human cloning a
felony punishable by up to three years in prison. The measure would also
ban public funds for human cloning research. A Connecticut measure
imposed a five-year sentence and a $5,000 fine.
Most proposed bans on human cloning still left plenty of legal
loopholes for scientific mavericks who wanted to make carbon copies of
people.
In February 2003 the U.S. House of Representatives overwhelmingly
voted to ban all forms of human cloning roundly defeating a rival bill that
would allow the use of cloning technology for medical research. The House
passed a similar bill in 2001, but the Senate failed to pass any legislation
on cloning. The Human Cloning Prohibition Act of 2003 was passed by a
vote of 241 to 155 after several hours of debate. It would ban all human
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cloning, including cloning to create a pregnancy or for medical research. It
also would make it a crime to “receive or import a cloned human embryo
or any product derived from a cloned human embryo,” with fines of $ 1
million and 10 years in prison. This last provision troubled opponents,
who feared that this “draconian legislation” could turn patients seeking
treatments abroad that might result from embryonic stem cell research
into criminals.
But the U.S. President said he would veto anything less than a total
ban on human cloning. The President stated that the vote in the House of
Representatives had demonstrated concern for the profound moral and
social issues posed by human cloning. He said, “We must advance the
promise and cause of medical science, including through ethical stem cell
research, yet we must do so in ways that respect human dignity and help
build a culture of life. I urge the Senate to act quickly on legislation banning
all human cloning.”
Anti-cloning bills have support from Republicans and Democrats, as
well as abortion-rights and anti-abortion backers. “We applaud the House
for acting quickly to prevent what would be the creation of human embryo
farms in America,” Family Research Council President Ken Connor said
in a statement.
The House defeated an amendment, sponsored by Pennsylvania
Republican Jim Greenwood, Florida Democrat Peter Deutsch and others,
that would outlaw cloning to make a baby but specifically encourage
therapeutic cloning.
At issue is the confusing and often emotional debate over whether a
ball of cells created in a lab dish is a human life or merely human tissue.
The scientific community and patient advocates say that while cloning
does create an embryo, it has no chance of ever becoming a baby. The
cluster of cells could be a source of embryonic stem cells—cells that have
the potential to regenerate any tissue or any organ in the body. Religious
and anti-abortion groups, and many politicians, argue that each cell cluster
is a human life and should not be subjected to experimentation.
A democracy is designed to facilitate a balance between competing
interests, to achieve the maximum benefit for the maximum number
of its citizens. The introduction of new technology challenges a
democratic society to decide who gets what, when, where, and how
much. The advent of cloning presents the inevitability of new and
important social changes, and new issues concerning this power, and
who controls it, are at hand.
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Forbidden Fruit?
Governments should make human cloning subject to the same
regulatory demands as any other experimental science. Human-cloning
research could take place, tightly controlled, and progress like other
experimental procedures, with strictly enforced licenses for those who
conduct research and harsh penalties for those who work without them.
Embryos created in the course of human therapeutic cloning might also be
studied to understand what happens, and what could go wrong, at the
earliest stages of reproductive cloning.
To ban all cloning research, therapeutic as well as reproductive is
certainly a mistake. It scuppers the UN’s attempts to reach agreement on
reproductive cloning alone. In any case, an indefinite ban on cloning
research could have worse consequences than careful regulation. The goal
of policy should be to ensure that research on cloning is conducted by
those who know most about it, and about how to develop the technology,
rather than by amateurs.
Like with the war on drugs, bans will not cut off demand, they will
boost it!!! The desperation of infertile or bereaved couples is as all-
consuming as any craving for dope. The only hope of restraining this
yearning will be to give such people hope, talking openly about the risks of
cloning for mothers and babies, and explaining that the technology is
advancing slowly but surely until it is safe. Only then may people wait, as
they do for many experimental therapies, rather than turn to the renegades.
Did You Know?
Is human cloning banned because it is dangerous?
In fact, cloning is safer than conventional reproduction,
because the resulting offspring is known to have no
significant hereditary birth defects. Government
decisions are not necessarily correct. Remember that
the U.S. government once banned interracial marriages,
or the consumption of alcoholic beverages.
People often call cloning “a dangerous new technology”
and compare it to nuclear technology but it is hard to
see how dropping a clone from a height of 30,000 ft
can hurt anybody (except of course the clone)!
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Will humans be cloned to provide organs for transplant?
It is preposterous to think that any human will not enjoy
full legal rights merely because he or she was produced
by cloning instead of sexual intercourse. Nobody will
have any more right to seize a clones’ kidney than
anybody else’s. However, there could be laboratories
that can clone organs only —just a heart, for instance.
Did You Get It?
I.	Answer the following questions.
1.	What are the possible risks for a scientist who is involved in cloning
research?
2.	Why are things that are scientifically possible not always done in
practice?
3.	What agreement did the leading European states sign?
4.	Did Great Britain join the treaty on cloning?
5.	What are the signatories of the treaty?
6.	What are the primary goals of the U.S. National Bioethics Advisory
Commission?
7.	What is the current U.S. legislation on human cloning?
8.	Why are some U.S. legislators concerned about the possible
loopholes in the proposed legislation?
9.	What kind of regulations should be applied to human cloning?
10.	Why is it considered to be a mistake to ban all cloning research?
11. What should be the goal of the cloning control policy?
12.	Do you agree that bans can only boost the demand? Can you
remember any examples from history to illustrate your point of
view?
II.	Study the words and expressions in the box below and explain their
meaning. Complete the following texts with these expressions, using
them in the appropriate form.
A.
back street clinic, value systems, scientific community, ethical consideration,
allow, professional principles, to pioneer legislation, ban, illegal, facilitate,
treaty
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427
In 1990s the UK making human cloning research
, but currently it is allowed in the USA and several European
countries with very different. Some form of international
__________should be called for according to which no country would
cloning research to be carried over from humans to animals.
Realistically, there would be no way to stop a____________________or a
dictatorship from ignoring such a treaty, but the lines need to be drawn.
A second line of defence is also called for — the notion of the ethical
scientist, for whom it would be against all to pursue
such research. Some have argued that research should be permitted for the
sake of transplant organs. This would require more careful___________,
but the danger of a “slippery slope” to full human cloning would be looming
over such an enterprise. Some legislators have sought to human
cloning and cloning research. The has successfully lobbied
for research freedom, claiming that cloning studies could
coping with medical illnesses without ever having to actually create humans.
B.	Using the passage above as reference material, compare the European
and the American attitudes towards the issue of the legalisation of cloning
research.
Words, Words, Words...
I.	Explain the meaning of the following words and expressions and
recall the context in which they were used in the Unit.
1.	to imply/ to understand the implication
2.	human perversity
3.	to overcome an obstacle
4.	the risk of imprisonment
5.	to pursue an idea
6.	to cause an uproar
7.	to be perfected
8.	to prepare legislation
9.	felony
10.	to impose a sentence/а fine
11.	legal loopholes
12.	maverick
13.	to be voted down
14.	to address legal issues
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15.	to be designed
16.	competing interests
17.	to achieve benefits
18.	to challenge
II.	Fill in the gaps with the prepositions from the box and paraphrase
the expressions in bold type.
,-------------------------------------------------------------------------,
out, to, on, with, from, by, on
1.	The desire to ban scientific progress is fuelled_____ignorance.
2.	One of the participants of the competition was ruled when it
was found out that he had been using drugs.
3.	The decision of the Supreme Court is binding_________all inferior
courts in the country.
4.	He was barred________entering the race.
5.	English pronunciation is very difficult to learn because there are
many exceptions the rules.
6.	It was so noisy in the classroom that it was impossible to carry
the discussion.
7.	To regulate this issue internationally all the countries involved
should cooperate each other.
III. Give synonyms for the following words.
•	to persuade •	to prohibit •	to predict •	to establish •	to tackle (a question) •	thoughtful	•	to outlaw •	to restrict •	to emphasise •	to obtain •	to facilitate •	to resolve (a problem)
IV. Improve your translation skills by translating the following passage
in writing, using the active vocabulary of the Unit.
В России федеральный закон “О временном запрете на клони-
рование человека” от 20 мая 2002 года ввел пятилетний запрет на
клонирование человека, “исходя из принципов уважения человека,
признания ценности личности, необходимости защиты прав и сво-
бод человека и учитывая недостаточно изученные биологические и
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социальные последствия клонирования человека”. В соответствии с
этим законом “с учетом перспективы использования имеющихся и
разрабатываемых технологий клонирования организмов предусмат-
ривается возможность продления запрета на клонирование человека
или его отмены по мере накопления научных знаний в данной обла-
сти, определения моральных, социальных и этических норм при ис-
пользовании технологий клонирования человека”.
Однако вопросы о правовом регулировании хода научных изыс-
каний в области клонирования должны решать специалисты. Только
когда будут проведены все необходимые эксперименты на живот-
ных, взвешены все “за” и “против”, окончательное решение должны
принять ученые.
Means of Discussion
I.	Study the phrases below which contain words and expressions used to
talk about
CONCESSION and CONTRAST:
Concession	Contrast
•	Although they were rich, they were very unhappy. •	I acknowledge/accept that he has worked hard but it isn’t enough (accept is less formal than acknowledge) •	I agree but I have strong doubts about it. •	I admit I was wrong, but I still think we had a good chance to succeed. •	I accept I’m guilty of what I’m accused of. Nevertheless, if I could I would do it again! •	I concede that you are right about the goal, but not the method. •	You shouldn’t seem so surprised. After all, I did wam you. •	It’s all very well saying you love children, but who’ll provide forthem ifwet/ohave one? •	Admittedly, she put a lot of effort in, but it was all wasted.	• I thought the party would be boring. Quite the opposite, it turned out to be fun. •	Everywhere in Europe they use metric measures. In contrast, Britain still uses non-metric ones. •	On the one hand, it is impossible to reverse human knowledge; but on the other (hand), some scientific developments can result in disaster. •	You are mistaken to think that we’ll do this work in a few days.On the contrary, it may take us a whole month! COLLOCATING PHRASES FOR CONTRAST •	When it comes to politics, Bob and Julia are poles apart. •	There’s a world of difference between being a clone and a naturally bom child. •	There’s a great divide between the left and the right wings in politics. •	A yawning gap divides criminals and law- abiding citizens. •	There’s a huge discrepancy between his ideals and his actions.
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In class, work in pairs. Make up 5 statements on the topic of
•	students ’ rights
•	ways of learning English
•	love and marriage
Let your partner contradict each of your statements.
II.	Study the phrases below which contain words and expressions used
to talk about ADDITION (words for linking sentences/clauses):
Adding words at the beginning of clauses/ sentences	Adding words at the end of clauses/sentences	Adding words in the middle of clauses/ sentences
•	You need a degree for this job. In addition, you need some experience. •	In addition to his B.A. in Law he has a Ph.D. in Sociology. •	Computers are becoming easier	to	use. Furthermore / Moreover / What’s more, they’re becoming cheaper. •	It’ll take ages to get there and it’ll cost a fortune. Besides, we’ll have to change trains at least three times. •	Children should respect their parents. Equally / Likewise, they should respect their teachers. •	We’ll have all the stress of going to court and giving evidence. On top of (all) that we’ll have to pay the lawyers’ fees. •	Apart from having a salary, he also has a private income. •	Alongside her many other hobbies she is a good cook.	•	They sell software, hardware, spare parts, and so on. •	The matter will go to the committee, then to the board, then to another committee,and so on and so forth, (suggests a long continuation) •	The questions raised at the conference concerned the moral and legal aspects of long-term imprisonment, the rights of inmates, social	rehabilitation programmes, etc.	•	He’s a good lecturer, as well as being a talented researcher. •	This incident, along with other similar cases, led to an extensive debate in Parliament •	The U.S. Constitution defines the powers of federal government, with all other powers and duties belonging to the states.
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Now, using these expressions, think of at least 7 sentences of your own,
referring to the legal aspects of cloning.
Time to Talk
I. In groups, discuss the following questions, employing the vocabulary
of the Unit, as well as the phrases used for expressing CONCESSION
and CONTRAST:
1	1. Who, if anyone, should own and control cloning technology and
its products?
2.	If the government refuses to support this research, would private
businesses use it in their own interests?
3.	Can/or should the scientific community regulate itself in the absence
of governmental control?
4.	Should some private organisation, independent of the scientific
community, have this responsibility?
5.	Should cloning research be restricted by the state or local
governments, or some combination of these?
6.	Can any type of legislation, at any level, aimed at restricting cloning
research, be effectively enforced?
7.	What does genetic engineering, and the cloning of human beings,
mean for sociological and legal definitions of “individual”,
“human”, and “citizenship”?
8.	Should this technology be considered a form of ‘property’, and if
so, should it be held by individuals or by the state?
II.	Study the following points of view obtained as a result of an opinion
poll conducted in Moscow srreets. Translate them into English and say
if you share these opinions.
МНЕНИЯ ОПРОШЕННЫХ НА ТЕМУ “КАК ВЫ ОТНО-
СИТЕСЬ К КЛОНИРОВАНИЮ? ХОТЕЛИ БЫ ВЫ, ЧТОБЫ
ОПЫТЫ ПО КЛОНИРОВАНИЮ ЧЕЛОВЕКА ПРОВОДИ-
ЛИСЬ И В НАШЕЙ СТРАНЕ?” РАЗДЕЛИЛИСЬ ПРАКТИЧЕС-
КИ ПОРОВНУ:
•	Мир одинаковых людей — это апокалипсис. Для меня и моих
детей это очень страшно. Должен быть запрет на клонирование на
уровне ООН.
•	Клонирование — это уже состоявшийся научный факт и, как
любое открытие, может быть использовано во вред и во благо. В
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нашей стране исследования должны проходить, как и во всем мире,
но под контролем в исследовательских центрах, которые должны
получить разрешение. Давать или нет такое разрешение, должна ре-
шать правительственная комиссия.
•	Это все равно выйдет из-под контроля. Хотелось бы мощную
международную комиссию, которая провела бы этот опыт. На осно-
вании выводов можно было бы действовать дальше. Указами это
нельзя утихомирить.
•	Думается, прогресс нельзя остановить. Обнаружили эффект
радиоактивности — со временем создали атомную бомбу.
•	История атомной бомбы, однако, — пример того, как научно-
технический прогресс уничтожает своего создателя.
•	Это просто неприятно!
Sum up the public attitude towards cloning in Russia, using the articles
from the Appendix as reference material.
Clones' Rights Debate
III.	A. Study the following text and express your opinion on the problem.
Think About the Clone’s Interests, Urge Scientists
The rights of the clone are in danger of being ignored in the debate
about whether to clone humans. Brought into the world as a carbon copy
of someone else who could be several decades older, deeply confused
about the identity of his or her parents, the clone’s life would be a traumatic
one. Yet the ethical debate, particularly in America, has instead considered
the issue in terms of adults’ rights to have children in any way they choose.
Cloners should consider the question: Is it good for the clone? It
might not be in your interests to be a clone because you are taking the
greatest genetic test ever imposed on people. In your parents, you will see
what will happen to you biologically. As they go through life you will
know that you will become bald at 40 and depressed at 50 and die of
stomach cancer at 62. The clone involuntarily knows a lot more because
he is going to have all this biological information thrust upon him. The
focus has to be on the interests of the person made in this way.
People may have the right to do what they want in the bedroom but
when they have to use unusual means to make children then society has an
interest in whether it is in the child’s interests to be cloned.
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433
Another problem for clones would be in working out who their parents
were. This has already proved to be an important question for children
bom as a result of in-vitro fertilisation and who have begun long searches
for their biological parents. A baby cloned from an adult would share that
person’s parents, biologically speaking, but there would also be surrogate
mothers and others to consider.
Dr Ian Wilmut, of the Roslin Institute in Scotland, leader of the team
that cloned Dolly the sheep, said “I have not heard of a reason for copying
people that I find ethically acceptable. By contrast, there are some other
techniques that I think deserve a lot of careful thought.”
B. Prepare reports on behalf of the members of the National Bioethics
Advisory Commission (or any other similar body you can think of) on
the following issues. Be ready to argue each other’s views.
•	The legal identity of a clone.
•	Is society obliged to protect the interests of all children, irrespective
of the way they were bom?
•	Who will be the parent of a clone?
Fiction or Future?—Be a Detective!
I. Read the story and try to guess where and when the action takes place.
When One is Found Guilty
by M. Stanley Bubien
The bailiff stated, “All rise,” as the jurors entered.
I stood beside the attorney and my brother. It reminded me of
childhood — as things often did — when we played together — it was
almost the same. Almost. Afterward, my brother had chosen a separate
life, leaving me alone.
Today, though, we were together — proof to the prayer of my
loneliness, “The only way.”
The guilty verdict was read. I slumped forward, but my brother
cried, “No! I’m innocent.”
“Stop this,” the judge yelled, “or I will find you in contempt.”
“But it’s not fair”, my brother replied, “I didn’t kill anyone.”
I wished I could explain, but that would keep us apart. I mumbled,
“The only way.”
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The judge pulled his glasses from his face. “By law — ”
“The law is unjust,” my brother said.
The judge wiped his eyes, and, to my surprise, addressed my brother
evenly. “Yes,” he nodded and set his glasses aside. “I agree with you there.
Legislation is meant to protect the innocent. And you certainly seem
innocent.”
My heart leapt into my mouth. He couldn’t ruin everything now!
“But how can I tell? You are clones. Your faces, your fingerprints,
even your DNA match exactly. That’s why when one is found guilty, all
others...”
The judge sighed, replaced his glasses, and banged the gavel. “I
sentence you both to twenty years.”
Together, the bailiff led us away. My brother’s head bowed in defeat,
but I walked upright, for I would no longer be alone.
IL Find out and tell the class what role each of the following persons
plays in court.
•	bailiff
•	jurors
•	attorney
•	judge
III.	Find out the meaning of all the words from the text which are
printed in bold type.
IV.	TRUE or FALSE? Find in the text the evidence supporting your
opinion. Take advantage of the legal vocabulary.
1.	The two main characters are clones.
2.	They were on trial because each of them had committed a crime.
Clones are Coming
435
3.	They hated each other.
4.	Both of them were found guilty.
5.	The judge was convinced that the verdict was fair.
6.	One of the clone-brothers had committed the crime to have his
revenge upon the other.
7.	Their punishment was death penalty.
8.	They were not to see each other again.
V.	In class, divide into small groups. Develop your own version of what
had happened before the trial What kind of crime had been committed?
What were the motives of the criminal?
VI.	In groups, think of the continuation of the story.
VII.	Imagine you are a lawyer. Give your opinion on the case and the
legislation which was applied to it.
VIII.	Write a speech you would deliver at the trial if you were
a)	the defence attorney
b)	the prosecuting attorney.
UNIT 5
A STEP TOO FAR:
OBSESSED WITH CLONING
Terms of Discussion
Before reading the texts, explain the following notions.
•	obsession
•	phobia/mania
•	madness
•	belief
•	ideology
Question Time
Using your background knowledge, answer the following questions.
1.	Why do you think people get obsessed with a certain idea?
2.	What are the examples of modem obsessions?
Time for Reading
Read the following texts and try to guess
a)	who wrote each of them
b)	whom they are addressed to
Clones are Coming
437
Americans
for Cloning Elvis
Bacteria, sheep, monkeys — all cloned! Some fear the possibilities.
We urge you to seize them. Americans for Cloning Elvis requests
your support. Make your view known around the world by signing
our petition!
Americans for Cloning Elvis strongly urges you to show your support
for cloning Elvis by signing its petition. This is a crucial moment in
the history of cloning!
Americans for Cloning Elvis has learned of two people claiming to
have samples suitable for cloning. One person has a wart and the
other an eyelash. However, we are not associated with either person
nor able to verify the validity of these claims.
Several publications have featured Americans for Cloning Elvis,
including The Los Angeles Times, Internet Underground and a major
Dutch newspaper. Television and radio stations mentionecL4m£/ica«5
for Cloning Elvis throughout “Elvis Week.”
There are over 1,600 supporters thus far. Your signature will make a
vital difference.
Americans for Cloning Elvis Petition
We the undersigned, in our enduring love for Elvis, implore all those
involved in cloning to hear our plea. One cell would allow future
generations to witness his presence. The technology is here, and this
petition is a testament to our will.
Each day brings us closer to our goal!
£.4
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Christians
for Cloning Jesus
Be fruitful and multiply,
and fill the earth, and subdue it.
(Genesis 1:28).
Greetings, friends, we live in an imperfect world. A world full of sin.
Everywhere you look you can see the effects of the devil; war, famine,
poverty, violence, government corruption, pornography on television,
the list goes on and on. Armageddon is surely on its way. The Second
Coming of Christ is our only hope. Friends, we can’t sit back and
wait for Jesus. He has given us the power to bring him to us. After all,
God helps those who help themselves.
Thanks to advances in science we can take DNA samples from the
Shroud of Turin* and use them to clone the second coming! This is
fantastic, but to stop here would be blasphemy. Friends, we should
clone a Jesus for anyone who wants one. Any woman should be able
to immaculately conceive Jesus. No more communicating with God
through your pastor or priest. If you have a question for God you
could just call home and ask him. Just imagine a world with a Jesus
in every household! Tell your friends and neighbours about Jesus.
No need to be greedy, they can have one too.
Praise Jesus, the Lamb of God. Amen.
£-4
* Shroud of Turin — Туринская Плащаница
Clones are Coming
439
More of You and Me
Dear Sirs,
I am writing to ask you a simple question, in the hope that
there may be a simple response. The question is this: How is the
creation of a sub-class of people justifiable in this day and age? I
refer to the increased use of “clones” to perform the most menial
tasks imaginable. Now we find clones washing floors, scrubbing
toilets and doing the dumbest kinds of work in factories. We have
entered the Brave New World we have always seen as fictional.
Can’t we remember that ‘clones’ have personalities and
feelings, and are capable of the same creative skills and imagination
as the selected individuals who originally contributed their genes.
It is becoming increasingly clear that those who use clones to fill
the jobs nobody wants, or to fill other equally questionable gaps in
the social structure, are the very people we should cast into the
dustbin of history.
Dear Friend!
I am becoming more desperate with each passing day. My
husband, who is far older than me, criticies me daily. He says that
I am ‘salacious’ and a ‘hussy’ because of the way I dress and
behave. Although I am the product of cloning operation —
genetically taken from his first wife who died 19 years ago — I am
also an individual. My husband, however, constantly compares
me to his first wife. I was brought up by my husband who taught
me most of what I know. I do love him and really want to please
him, but I always end up feeling like an inferior version. Please tell
me what I can do.
Dear Science Community!
Why should discrimination persist? Ethnic minorities have
achieved success in their struggle for equality; women now feel
able to compete with men in terms of social prestige; and even
children now enjoy the same protection from discrimination as
any average citizen. And yet we still read and hear the same old
statement regarding the “clones in our midst”. I am a ‘clone’ — or
rather I prefer to be referred to as ‘genetically enhanced’. I do not
feel unnatural, and I refuse to be degraded by those who think of
me as some kind of biological freak. As ‘clones’, I and my kind
refuse to be bio-degradable.
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Dear Sirs,
My wife and I always dreamt of having a large family. But
when my daughter was bom with complications, the doctors told
my wife she would never have children again, and my wife started
to suffer from chronic depression. Then, one day, I read about
your company in the local newspaper. I immediately called, and in
less than a year little Bethany got a sister just like her, only two
years younger. We are doubly happy because the doctors said this
would never happen. Thank you for making our dream come true.
I look forward to ordering Beth III as soon as we’ve paid off our
loan for Beth II.
Dear Sir or Madam,
Although moderately successful as the owner of a small
business, I knew I didn’t have much hope of being accepted by
society because of my bulbous nose and extreme shortness. Neither
I nor my wife (who has also suffered in the looks department)
wanted to have children, because we knew they’d go through the
same painful experience of being ridiculed in school, which we
had had to endure. But then I heard about your company. I
immediately made an appointment, and spent a delightful afternoon
going through photographs of your catalogue. We finally agreed
on Miss Italy ’88. Now, thanks to my beautiful daughter, my life is
full of joy!
Dear Editor,
When my doggy Ben disappeared,
I immediately suspected my mother-in-
law. They hated each other, and Valerie,
while pretending to be concerned about
Ben’s disappearance, was acting strange.
Then the police found Ben’s body, badly
mutilated, and the detective told me that
he had probably been stabbed with a
small fruit knife. I asked Valerie what
had happened to the silver paring knife
we used to have. She never answered,
but the police dismissed my claims after
a perfunctory interrogation. Anyway, to forget our grief my husband and I
decided to get another dog, and my husband suggested we clone Benny. I
loved the idea. When Benny II appeared, our joy was even greater than the
Clones are Coming
441
first time. An added bonus is that Valerie became so distraught whenever
she saw little Benny, she finally had a nervous breakdown and turned
herself in. Now my husband and I are the happiest people in the world!
Did You Get It?
I.	Explain the following Biblical words from the text about the cloning
of Jesus.
•	Armageddon
•	Second Coming
•	blasphemy
•	Immaculate Conception
•	The Lamb of God
IL In the following sentences, explain the meaning of the expressions in
bold type.
•	How is the creation of a sub-class of people justifiable in this day
and age?
•	.. .those who use clones to fill the jobs nobody wants are the very
people we should cast into the dustbin of history.
•	...but I always end up feeling like an inferior version.
•	I do not feel unnatural, and I refuse to be degraded by those who
think of me as some kind of biological freak.
•	Neither I nor my wife (who has also suffered in the looks
department) wanted to have children.
•	Women now feel able to compete with men in terms of social
prestige.
Words, Words, Words
I. Explain the meaning of the following words and expressions and
recall the context in which they were used.
1.	to strongly urge
2.	to seize the possibilities
3.	enduring love
4.	to hear a plea
5.	to sign a petition
6.	to make a vital difference
7.	to claim
8.	to verify the validity of a claim
9.	a sin
10.	household
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11.	personality/individual
12.	justifiable
13.	creative skills
14.	to persist
15.	social prestige
16.	to be degraded
17.	to make a dream come true
18.	to pay off a loan
19.	to make an appointment
20.	interrogation
21.	to have a nervous breakdown
22.	to turn oneself in
IL Fill in the gaps with the prepositions from the box and paraphrase
the expressions in bold type.
about, with, to, of, to, with, to, through
1.	It is rumoured that your friend Barry is associated Mafia.
2.	At the end of term most students are concerned the final
marks.
3.	In this poem the author compares a woman a flower.
4.	It seems sometimes that Paul is capable more than he pretends.
5.	Nowadays women can successfolly compete______men in business
activities.
6.1 am looking forward hearing from you.
7. After Mary had her first baby she thought she would never go
this painful experience again.
8.1 refer her aggressive behaviour her being stressed out after
her trip to France.
III.	Match the words on the left with their synonyms on the right.
1.	mad
2.	crucial
3.	imperfect
4.	to implore
5.	to respond
6.	dumb
7.	to fear
8.	fictional
9.	questionable
10.	delightfol
11.	distraught
a) upset
b) crazy
c) magnificent
d) important
e) doubtfol
f) defective
g) unreal
h) to be afraid of
i) to beg
j) to answer
k) stupid
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IV.	Give the opposites of the following words.
•	vital	• to be accepted
•	inferior	• desperate
•	creative	• menial
Means of Discussion
CONVICTIONS and OBSESSIONS
I.	Put these adjectives describing people’s beliefs and views in the
descending order— from fanatical to moderate.
•	fanatical/obsessive
•	eccentric/odd
•	middle-of-the-road/moderate
•	dedicated/committed
•	radical
II.	Consult a dictionary. Explain the meaning of the following words
and give examples to illustrate their use.
•	open-minded	• a traditionalist
•	dogmatic	•	narrow-minded
•	intellectual	• conservative
Now, using these words and expressions, think of at least 7 sentences of
your own, referring to bizarre ideas about cloning.
Time to Talk
I. Read the following essay and render it into English. Do you share the
author’s ideas?
Я — перфекционист!
Детей скоро можно будет делать на заказ, это факт. Все вариан-
ты генокода человека запишут на диск и начнут продавать на рынке
лет через пять или десять.
Кто откажется заказать себе сына с фигурой Шварцнегера, а
мозгами Эйнштейна? Или дочь с внешностью Мерилин Монро и чтоб
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пела как Монсеррат Кабалье, а считала быстро, как кассирша? Детей
будут планировать в районной поликлинике за 562 рубля 40 копеек.
“В кассу, пожалуйста...” В общем, генетически улучшенный чело-
век — дело недалёкого будущего. И тут мы подходим к интересному
вопросу: “Что будет, когда эти наши дети-гении подрастут?” А они
подрастут быстро, потому что болеть перестанут. Ну зачем мне сына
с аллергией планировать? Мне супер-акселерата, пожалуйста, чтоб
месяца в три стал, например, веб-дизайнером и сам платил бы за свои
памперсы.
Вырастут такие детки и пойдут в жизнь, все поголовно гении. А
нам, “диким”, незапрограммированным, тогда что делать — на свал-
ку истории отправляться? Ну, нет! Я, например, на свалку не тороп-
люсь. Я за своё место в жизни буду бороться. Я — перфекционист!
Улучшаться буду постепенно, по мере возможностей. Сначала зубы
заменю на титановые, самозатачивающиеся и, желательно, самочи-
стящиесся. Потом зрение: близорукость можно, конечно, вылечить
лазером, но стоит ли мелочиться? Вставлю видеоглаза с улучшенной
оптикой, записью изображения и с прибором ночного видения. И
чтоб перископические— с zoom-ом. А в лоб — лазерный третий глаз
— для трёхмерного сканирования. Средства связи за ухо поставлю.
Не таскать же всё время эти проклятые мобильники. Вся связь через
Интернет, разумеется. Так дешевле и мультимедийнее. В руку я выд-
вижные лезвия имплантирую, буду как X-man, а в синтетические
мышцы мне зашьют боевые рефлексы ниндзя. Думаю, за “боевым
чипом” придётся съездить на чёрный рынок. Внутренние органы буду
заменять по мере выхода из строя, они как раз подешевеют. Лёгкие
поставлю табакоустойчивые; печень — безболезненно превращаю-
щую алкоголь в адреналин; вместо старых нервов — провода; сердце
— из Швейцарии, чтоб работало как часы. А когда мозг износится
совсем — “солью” свой разум в Интернет, ради интереса. Если не
понравится, попрошу сына-вундеркинда нажать Ctrl+Alt+Delete!
Думаете, я шучу? Отнюдь! Все перечисленные выше техноло-
гии сейчас разрабатываются или уже разработаны. Будущее уже здесь.
И я готов...
II. Translate the following passage into English and express your opinion
on this matter.
Раздутая средствами массовой информации в сенсацию работа
британских ученых на самом деле не столь значительна, и до ее за-
вершения еще очень и очень далеко. Кто придумал достижение “био-
Clones are Coming
445
логического бессмертия” и “размножение посредством создания соб-
ственных генетических двойников?” — Журналисты. Ибо ни один
серьезный ученый пока не дает оптимистических прогнозов практи-
ческого применения этого открытия. Кто придумал возможность со-
здания генетической фабрики клонов и использования их с целью
продажи донорских органов для трансплантации или для создания
собственной маленькой армии? — Опять же журналисты. На самом
деле, любой человек, хоть немного знакомый с проблемой, прекрас-
но понимает, что теоретическая возможность далеко не всегда обес-
печивает успех на практике.
Role Play, "Clones Are Coming"
Do you have a rich imagination? In class, organise a press-conference/
debate: “Clones are Coming”.
Here is the list of participants and their roles:
•	Chairperson: Your job is to make a short introductory speech
about what cloning is and what range of problems it involves; to give the
floor to each participant of the press-conference who wants to talk; to keep
order during the conference and sum up the results of the discussion.
•	Historian: Tell the audience about the history of cloning. (See
Unit 2)
•	Clones: Imagine you were cloned, for a certain reason. Make up
your story — a happy or a heart-breaking one and tell it to the audience
sharing your happiness/problem. You are also supposed to ask the experts
any questions about your legal or moral rights.
•	‘Mad’ Scientists: Cloning is your creation! You know more about
its dangers or advantages than anyone else. Your job will be to answer the
audience’s/joumalists’ questions, giving the audience qualified advice and
opinion. (See Unit 1)
•	Journalists: You are representatives of mass media, interested in
cloning. You can address any participant of the conference with questions,
in order to make a coverage of the problem for your newspapers/magazines/
TV programmes.
•	Members of the United Nations Organisation Committee on
Clones’ Rights: You represent a recently formed Committee whose role
is to protect the rights of clones at the international level. Tell the audience
about the work of your committee, recalling a few specific cases of
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violations of clones’ rights you have dealt with, (for basic information see
Unit 4, paying special attention to ‘Clones’ Rights Debate’)
•	Lawyer: Your task is to make a short review of the laws regulating
human cloning and be able to explain their meaning to the audience. (See
Unit 4)
•	Priest: Moral and religious aspects of cloning is what you are
going to talk about. Make your speech emotional and convincing. (See
Unit 3)
•	Businessman: You represent a business company which provides
cloning services to anyone who needs them, on a commercial basis. (See
Unit 6). Make sure all the participants of the conference have seen your
company’s advertisements and be ready to talk about the advantages of
commercial cloning.
UNIT 6
JUST FOR FUN:
DOUBLE THE TROUBLE
Any scientific advancement that stems from the
result of Scottish people doing strange things
to sheep is bound to have dire consequences.
Welcome to CLONE-ALL®!
DOUBLE THE TROUBLE LTD offers a service called
“CLONE-ALL®” to provide assistance to would-be-parents who
want to have a child cloned from one of them or from one of
our celebrity cells. This service offers a fantastic opportunity to
parents who were dumb or ugly to get a child that’s either a
model or a rocket scientist. Or both!
Don’t Sheep All Look Alike Anyway?
The Honduras-Based Company plans to build a laboratory in a country
where human cloning is not illegal and will offer its services to wealthy
parents worldwide. CLONE-ALL® will contract existing mad scientists to
try to perform the cloning. The company may also sponsor American
laboratories that clone on the side. The cloning of the sheep Dolly in
Scotland proved that the technology is now available to complete the
operation successfully.
A Clone of Your Own!
CLONE-ALL® knows the hardship of conventional methods of having
kids. As a famous person put it, “Life is like a box of chocolates, you never
know what you’re gonna get”.
Having a kid is like buying a car. You would first want to know that
the model you choose works and is reputable. With CLONE-ALL®, the
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test-driving has been done for you. You can choose to have a clone of
someone you know, or a clone of a famous person. Check out our specials
below!
Satisfaction Guaranteed!
Due to unbelievable demand, CLONE-ALL® has introduced our basic
clone package. Our mad scientists work overtime to breed the optimum in
human workers. We can’t be beaten in this area. Order with your credit
card and reserve your own clone over the phone! Our clones have a healthy
balance of these three characteristics:
•	They’re hardworking — We’ve found
the laziness chromosome. Our clones are
missing it!
•	They can do specific tasks well —
We can custom-design your clone for you.
Want a garbage-man? Need someone to wash pets? We’ve got you covered.
•	They do what you tell them to — Our breakthrough technology
enables us to give you the perfect clone. Tell your clone what you want
done, and they’ll do it! No questions asked.
What other qualities would
you like your clone to have
or miss?
Celebrity Cellout
Tell the class what
you know about
each celebrity
mentioned in the
advertisement.
<______________________.
Why settle for a regular
person when you can have a
star! We have secretly obtained
cells of several celebrities.
Choose from those listed below
or thousands of others. Whether
you’d like a Leonardo Di
Caprio, Spice Girls, a Pamela Anderson, or a Sylvester
Stallone, we’ve got you covered. Or, cross between
two celebrities. Perhaps you want someone who looks
like Cindy Crawford, but can make as much money as
Bill Gates. Just let our mad scientists work for you.
Satisfaction guaranteed.
Serial Killer Cell Sale
Clone three and get the fourth one free! Planning a raid? Forget your
friends at the bar and get someone who really wants to get the job done.
We’ve got classics like:
Clones are Coming
449
•	Jack the Ripper
•	Ivan the Terrible
•	Count Dracula
•	Caligula
Continue the list of famous
villains suitable for cloning.
Can you tell the story of each
criminal?
.... And many more...
God’s Work, Man’s Hands
We offer you a brand
new service: our Home
Cloning Kit! Get out a
toothpick and get ready to
clone around. Grab a
cheek cell and throw it in
our kit and get a fertilised
egg, ready to go. Kit even
includes an instructional
video to walk you through
each step.
Ever been jealous of
someone because they’re
such a good person? Are
you a parent who knows that if your son/daughter inherits any of your
genes they’re really going to be a project to raise? Quit worrying and get
The Grabber ™. With this handy little device, you can instantly snag a cell
off anyone without them barely noticing you. Now you can have the child
you’ve always wanted. Works perfectly with the Home Cloning Kit.
You’re My Sunshine!
A genetic engineering breakthrough!
Our scientists have found out how to cross
phosphorescent algae and humans together to
get a glow-in-the-dark person. Never worry
about a night-light again, your subject will
literally shine!
We can also cross people, plants, or
animals interchangeably. We can do
everything you saw in Spielberg’s “Star Wars
Episode II. Attack of the Clones''' and more!
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How to Say NO!!!
Protect Yourself from Being Cloned with CLONE-ALL®’s
Exclusive Clone Insurance Package!
Are you good-looking, smart, well-behaved, famous, or all 4 (we
highly doubt anyone can be all 4 at a time)? Then there is danger that
someone may be out to clone you! Here at CLONE-ALL®, we can insure
that you won’t be cloned for a mere $99 (for up to $10,000) or just 1 per
cent of what someone would pay to have you cloned! Just send us a cheek
cell and we’ll put your DNA in our computer.
If you purchase insurance from us, we’ll even throw in a FREE Stay
Original Book\ The book deals with ways to prevent yourself from being
cloned. In it you’ll find things like:
•	How to say no to strangers who ask for
cheek cells
•	How to kiss without transferring DNA
•	How to tell when someone wants to clone
you
•	How to make your home DNA-free
• Plus tips on how to haggle the best price for your DNA if you do
decide to sell your cells!
Choose any point you
like and write your own
set of instructions on
how to do it.
PRICE LIST
CLONE-ALL® makes your dreams come true for less! How can our
prices be this low? By streamlining and computerising our production
process we have cut our costs to the absolute minimum required for
upholding our high standards of quality and service. All prices given in
U.S. dollars.
Laboratory Fee: The lab fee covers screening of the DNA sample,
the duplication process, and the delivery of a complete embryo (including
implantation in birther).
Custom Cloning*	$8,000
Designer Cloning**	$5,000
* You MUST have written authorisation from the original, or his/her will if the original
is deceased.
** Gene licensing fee (see below) is NOT included in the lab fee.
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Designer Cloning Gene Licensing Fee
We are constantly expanding our catalogue of licensing agreements
with designer gene donors. Note that licensing fees are NOT required for
Custom Cloning (such as yourself, family members, friends, etc.).
Cindy Crawford	$79,999
Michael Jordan	$79,999
Pierce Brosnan	$64,999
Nelson Mandela	$6,999
Miss Greece ‘77	$1,499
Eddie Murphy	$899
Marlboro Man	$849
Julio Iglesias	$599
JFK	$499
Early Michael Jackson	$299
Cell Extraction Fee
Cell extraction is the process whereby samples are swabbed from the
original to obtain the DNA to be cloned. NOT required for designer clones.
Personal Extraction Pack* $299
Housecalls $3,499
* PEP consists of Do It Yourself Kit with instructions and a refrigerated container
for sending the cell sample to our labs. Shipping, handling, and insurance included.
Surrogation Fee / Implantation
Prices include worldwide delivery. Note that, at CLONE-ALL®
surrogation is payable only upon successful delivery of infant.
Surrogation w/ U.S. passport	$36,999
S urrogation w/ Co sta Ri can passport	$10,995
Surrogation w/ Liberian passport	$5,995
Surrogation w/ Chinese passport	$8,495
Implantation (no surrogation)	$2,199
Miscellaneous
Backup embryo*
Embryo storage
Sex switch
$1,500
(per month) $25
$199
* Special Offer! Sign up today and get a backup embryo absolutely
FREE!
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Pets & Exotica
Surrogation/Hatching are included in these prices.
Cats	$395
Dogs	$879
Parrots	$489
Pandas	$9,499
Snakes	Just buy another one!
Livestock
Embryos and implantation only for livestock (no surrogation).
Minimum order two dozen head. Discounts available for multiple batches.
Sheep	$99
Cattle	$299
Camels	$2,499
Horses	$8,999
Zebras	$11,999
All prices are subject to change without notice. Money transfer fees,
insurance, and local taxes are not included. Special surcharges may apply
for unusual geographical locations and/or special physiological
requirements of birther.
Now that you’ve looked through the price list, make your choice! Say
whose clone you’d like to have (if you had a chance) and explain
your choice. Do you think the prices are reasonable? Would you like
to expand the list by suggesting any other candidates?
Clones are Coming
453
ORDER FORM
Ordering a clone has never been easier! With our new form,
your application will leap straight into our production process.
Refer to the Price List for details on prices.
First, select preferred type of cloning:
1.	Custom Cloning:
Do you have donor’s written permission?
a)	Yes, I have a notarised affidavit
b)	Yes, I am cloning myself
c)	Yes, donor acceded in will
d)	No, but I will have it within 3 days.
Select cell extraction method:
a)	Send me a Personal Extraction Pack
b) Pay me a housecall.
2.	Designer Cloning
Select designer name here:
•	Julio Iglesias
•	Cindy Crawford
•	Michael Jackson
•	Pierce Brosnan
•	Nelson Mandela
•	Miss Greece ‘77
•	Eddie Murphy
•	Marlboro Man
•	JFK
•	Early Michael Jackson
Surrogation required?
a)	No, I’ll do the birthing myself
b)	Yes, with U.S. citizenship
c)	Yes, with Costa Rican citizenship
d)	Yes, with Liberian citizenship
e)	Yes, with Chinese citizenship
Select gender of clone:
a)	Same as original
b)	Switch gender
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How are you going to pay us?
a)	Via account at Global Village Bank
b)	First Virtual
c)	Credit card (Visa/MasterCard/Diners/AmEx only)
d)	International Postal Money Order
e)	Direct cash delivery to our office
Now we need your personal details:
l.Name:
2	.Date of Birth:___I_________I__________(year/month/day)
3	.Phone:_________________________________________________
4	. Addres s:____________________________________________
Lastly, we need you to agree to these statements:
a)	Yes, I realise I am purchasing the duplication of the genotype only,
and am aware the clone may not resemble the original in behaviour,
personality, and identity.
b)	Yes, I know that CLONE-ALL® is not responsible if the clone
turns into a grossly overweight, anti-social, undisciplined slob.
c)	Yes, I hereby declare I will act as legal guardian for individual
cloned as a result of this order.
This form is for human reproductive cloning services only. Be sure
to detail specifics to ensure rapid processing of your order.
Clone-All® Guest Book
If you were a customer,
what questions would
you add to this order
form and what
questions would you
cross out?
I am just thinking of the potential of this all. If I
could have three clones of my husband for full
time jobs; two additional copies to spend time
with me, and, of course, a couple of my clones
to watch the kids and another one to clean the
house, and yet another one to handle all the
financial and social obligations! Hmm... we’d
be rich... I’d be very spoiled, and, of course, my
kids would never be able to hide a thing from
me. Sounds good... but of course then I’d have
to share all of this with several other me’s ?
Elaine Wilkinson, housewife
Clones are Coming	455
This is the best thing since sliced bread! I am
saving all my money to get a clone of myself so
that I can make him do all of my homework, and
go to all of my classes.
college student
I’m quite surprised at the low price of the early
Michael Jackson. Also, if I got a gender switch
on Jackson, which one would he/she be?
Mr Sedoff, University Professor
I’ve just ordered myself again but I’m not so
sure it is a good idea. I am fat, lazy and in need
of glasses. When do you get a Claudia Schiffer
clone? I’d be interested in that.
Sharon Right, social worker
I have been waiting for my clone for three weeks
now, and I am ready to call the better business
bureau if you do not deliver.
Jill Heddon
For the last few years our children have been
bom uglier and uglier. The last one made us cry
and the doctor was sick! You guys are our
saviours.
Jacques Lemiere, construction worker
I am a 6 foot 2 inch blonde model, why don’t
you clone me for free.
Anna Koulikova, model
Y our selection of females needs to be broadened
to include more supermodels. Keep up the good
work. Cloning rules the world!
Alex Razamias, lecturer
Unfortunately, my order for another me (I am
wonderful, after all) has completely broken my
poor piggy bank. I’ll no longer be able to pay
my electricity bills!
Alexander Canvas, musician
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Don’t play with nature, else it is never going to
forgive you!!!
Vlad Smirnoff, businessman
Words, Words, Words...
I.	Explain the play on words in the following titles.
•	Double the Trouble LTD
•	Celebrity Cellout
•	Serial Killer Cell Sale
II.	Explain the meaning of the following words and expressions and
reproduce the context in which they were used.
1.	to provide assistance
2.	to offer a service
3.	would-be parents
4.	world-wide
5.	to perform the cloning
6.	to do something on the side
7.	to complete an operation
successfully
8.	conventional methods
9.	due to unbelievable demand
10.	a clone package
11.	to work overtime
12.	to reserve something over
the phone
13.	to get somebody covered
14.	satisfaction guaranteed
15.	a serial killer
16.	to get the job done
17.	to quit worrying
18.	a handy device
III.	Explain the difference between the following.
•	a celebrity
•	a model
•	a star
IV.	Examine the list of qualities given below. In your opinion, which of
them are the most and the least attractive ones?
•	dumb
•	grossly overweight
•	good-looking
• famous
• anti-social
• undisciplined
Clones are Coming
457
•ugly
•	smart
•	well-behaved
•	wealthy
•	reputable
•	hard-working
V. In the text of the advertisements, find the English equivalents of the
following words and expressions which can help you in talking about
business.
1.	партия товара
2.	предлагать услуги
3.	снизить цену
4.	плата за услуги
5.	крупная партия
6.	поддерживать высокие
стандарты качества
7.	хранение товара
8.	доставка
9.	спрос/предложение
10.	письменное разрешение
11.	образец товара
12.	страховка, застраховать
13.	особые скидки
14.	совершенно бесплатно
15.	счет в банке
16.	наличные деньги
17.	предоставить
фантастические
возможности
Time to Act!
Using the materials of the Unit produce a set of funny advertisements
for your own ‘business’. You may choose from the options given below
or think of your own business company.
•	Rent-a-Pet Service.
•	A Bring-In Food Restaurant.
•	Real British Belly Dancing Class
•	Custom Made Love Letters — Any Style
We hope you have realised by now that this is only humour!
®@©
GLOSSARY
acculturation (n) — the process by which the culture of a particular society is
instilled in a human being from infancy onward.
ageing (n) — the process of growing old or maturing.
artificial (adj) — made by human skill; produced by humans; not natural.
ban (v) — to prohibit, forbid, or bar.
Derived word: ban (n)
bioethics (n) —the study of the ethical and moral implications of new biological
discoveries and biomedical advances, as in the fields of genetic engineering
and drug research.
Derived words: bioethical (adj), bioethicist (n)
biotechnology (n) — the application of the principles of engineering and technology
to the life sciences; bioengineering.
Derived words: biotechnical (adj), biotechnological (adj)
breed (v) — to cause (plants or animals) to reproduce and usually to be improved
by selection.
Derived words: breed (n), breeding (n)
cell (n) — a usually microscopic structure containing the basic structural unit of
all organisms.
chromosome (n) — a threadlike linear strand of DNA and associated proteins in
the nucleus of animal and plant cells that carries the genes and functions in
the transmission of hereditary information.
Derived words: chromosomal (adj), chromosomic (adj)
clone (Greek klon, twig) (v) — 1. to make multiple identical copies of an
organism.
2.	to reproduce or propagate asexually.
3.	to produce a copy of, imitate.
Derived words: clonal (adj), cloning (n), clone (n), cloner (n)
cultivate (v) — to promote the growth of a biological culture, to nurture.
Derived word: cultivation (n)
deity (n) — a god or goddess.
Clones are Coming
459
descendant (n) — a person, an animal, or a plant whose descent can be traced to
a particular individual or group; something derived from a prototype or
earlier form.
Derived word: descend (v)
diverse (adj) — of various kinds or forms, multiform.
Derived word: diversity (n)
DNA (n) — deoxyribonucleic acid: an extremely long, double-stranded nucleic
acid molecule that is the main constituent of the chromosome and that carries
the genes.
donate (v) — to give voluntarily, to contribute.
Derived words: donor (n), donation (n)
duplicate (v) — to make an exact copy of.
Derived word: duplicate (n)
egg (n) — a female gamete; an ovum. Also called egg cell.
embryo (n) — an organism in the early stages of development in the womb or egg.
Derived word: embryonic (adj)
endangered species — plant and animal species that are in immediate danger of
extinction.
enhance (v) — to increase the value, attractiveness, or quality of; improve.
Derived word: enhancement (n)
environment (n) — the air, water, minerals, organisms, and all other external
factors surrounding and affecting a given organism at any time.
Derived word: environmental (adj)
ethics (n) 1. a system or set of moral principles.
2.	(used with a pl. v.) the rules of conduct recognized in respect to a particular
class of human actions or governing a particular group, culture, etc.: medical
ethics.
3.	the branch of philosophy dealing with values relating to human conduct,
with respect to the rightness and wrongness of actions and the goodness and
badness of motives and ends.
4.	moral principles, as of an individual.
Derived words: ethical (adj), unethical (adj), ethically (adv)
eugenics (n) — a science concerned with improving a breed or species, esp. the
human species, by such means as influencing or encouraging reproduction
by persons presumed to have desirable genetic traits.
Derived word: eugenicist (n)
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facilitate (v) — to make easier or less difficult.
felony (n) — a serious criminal offence
fertility (n) — the ability to produce offspring, power of reproduction.
Derived words: fertile (adj), infertile (adj), fertilize (v), infertility (n)
fund (v) — to support financially.
Derived words: funding (n)
gene (n) — a hereditary unit that occupies a specific location on a chromosome
and determines a particular characteristic in an organism.
Derived words: genetic (adj), genetically (adv)
gene pool—gene bank which provides a broad range of genes from which breeders
can develop new varieties of organisms with desired characteristics.
genetics (n)—the branch of biology that deals with the principles and mechanisms
of heredity.
genetic engineering— scientific alteration of the structure of genetic material in
a living organism.
genome (n) — a full set of chromosomes with all its genes; the total genetic
constitution of a cell or organism.
Derived word: genomic (adj)
Hippocracic Oath — oath taken by physicians entering the practice of medicine
in which they swear to follow the norms of medical ethics.
identity (n) — 1. the condition of being oneself or itself, and not another.
2.	the condition or character as to who a person or what a thing is.
3.	the sense of self, providing sameness and continuity in personality over
time.
4.	exact likeness in nature or qualities.
Derived word: identical (adj)
identical twins — ones who originate by the division of a single fertilized egg.
inherit (v) — to receive from one’s parents by genetic transmission.
Derived words: inheritance (n), heredity (n), hereditary (adj)
in-vitro fertilization — assisted reproductive technology in which eggs are
fertilized outside a woman’s body.
legal (adj) — permitted by law, lawful.
Derived words: illegal (adj), legalize (v), legalization (n)
Clones are Coming
461
legislate (v) — to make laws.
Derived words: legislation (n), legislator (n), legislative (adj), legislature (n)
lifespan (n) — the average or maximum length of time an organism, a material, or
an object can be expected to survive or last.
mania (n) — an excessive desire for something.
Derived words: maniac (n), (adj)
maverick (n) — one that refuses to abide by the dictates of or resists adherence to
a group; a dissenter.
megalomania(n) — 1. a psychopathological condition in which delusional fantasies
of wealth, power, or omnipotence predominate.
2. an obsession with grandiose or extravagant things or actions.
metaphysics (n) — the branch of philosophy that examines the nature of reality,
including the relationship between mind and matter, substance and attribute,
fact and value.
Derived word: metaphysical (adj)
morals (n)—principles, standards, or habits with respect to right or wrong conduct
morality (n) — conformity to the rules of right conduct; moral or virtuous conduct.
moratorium (n) — a legally authorized period of delay or waiting.
multiply (v) — to make many or manifold; increase the number, quantity, etc., of
something.
Derived word: multiplicity (n)
mutation (n) — a sudden departure from the parent type in one or more heritable
characteristics, caused by a change in a gene or a chromosome.
Derived word: mutant (n)
nurture (v) — 1. to feed and protect or support and encourage.
2. to bring up; train; educate.
(n) upbringing; training; education.
Derived word: nurturer (n)
obsess (v) — to dominate or excessively preoccupy the thoughts, feelings, or
desires of; haunt.
Derived words: obsession (n), obsessive (adj), obsessed (adj).
offspring (n) — 1. children of a particular parent; descendants; progeny.
2. a child or animal in relation to its parent or parents.
462
The Best of Just English
personality (n) — 1. distinctive qualities of a person, especially those distinguishing
personal characteristics that make one socially appealing.
2.	a person as the embodiment of distinctive traits of mind and behaviour.
phobia (n) — a persistent, irrational fear of a specific object, activity, or situation.
Derived word phobic (adj)
prodigy (n) — a person, esp. a child or young person, having extraordinary talent
or ability.
reproduce (v) — (biology) to generate (offspring) by sexual or asexual means.
Derived words: reproduction (n), reproductive (adj)
sociobiology (n) — the study of the biological determinants of social behaviour,
based on the theory that such behaviour is often genetically transmitted and
subject to evolutionary processes.
Derived words: sociobiological (adj), sociobiologist (n)
superior (adj) — 1. higher in station, rank, degree, etc.
2.	above the average in excellence, merit, intelligence, etc.
3.	of higher grade or quality.
4.	higher in place or position.
Derived word: superior (n)
surrogate/substitute mother — a woman who is paid to bear a child for another
woman, either through artificial insemination by the other woman’s husband,
or by carrying until birth the other woman’s surgically implanted fertilized
egg-
test-tube baby — a baby developed from an egg that was fertilized outside the
body and then implanted in the uterus of the biological or surrogate mother.
tissue (n) — (biology) an aggregation of morphologically similar cells and
associated intercellular matter acting together to perform one or more specific
functions in the body. There are four basic types of tissue: muscle, nerve,
epidermal, and connective.
transplant (v) — to transfer (an organ, tissue, etc.) from one part of the body to
another or from one person or animal to another.
Derived words: transplant (n), transplantation (n)
APPENDIX
Here are some Russian articles covering the issue of cloning. Make use of
these supplementary materials while studying the Units of the book. These articles
can be usedfor rendering into English, translation, classroom report presentation
and discussion.
* * *
FOR UNITS 1—3
Как одна овца весь мир раздвоила
Призрак бродит по планете, призрак кло-
нирования человека. Для борьбы с ним
объединяются Папа Римский и президент
США, глава англиканской церкви и пре-
зидент Франции, светила науки и рели-
гии. 19 европейских государств заклей-
мили клонирование, увидев в нем черты
апокалипсиса.
В тот самый момент, когда овечка Долли
проблеяла свое первое “мээ” (1996), на-
чался отсчет эпохи клонирования. В ян-
варе 1998 года биофизик Ричард Сид объ-
явил, что он намеревается открыть в Чи-
каго первую в мире коммерческую кли-
нику по клонированию людей и уже за-
получил четырех клиентов, готовых
подвергнуть себя экспериментам.
Итак, призрак клонирования обрел плоть
и кровь в лице доктора Сида, который
внешне весьма смахивает на ветхозавет-
ных пророков. Впрочем, СМИ предпо-
читают сравнивать его с доктором Фран-
кенштейном.
Американцы создали атомную бомбу, оп-
равдываясь тем, что первым ее мог запо-
лучить Гитлер. Советский Союз создал
свою атомную бомбу, объясняя это тем,
что не должна существовать монополия
на ядерное оружие. Но что если в Вашин-
гтоне узнают, что клонированием занял-
ся, скажем, Саддам Хусейн? Будет ли
тогда создан “Манхэттенский проект” по
клонированию? И не станет ли сегодняш-
няя анафема — доктор Сид -— всеми по-
читаемым “отцом клонирования”, как ко-
гда-то “отец водородной бомбы” Эдвард
Теллер? И как посмотрит на это подо-
зрительная Москва? [..]
Но дело, конечно, не в том, кто такой
доктор Ричард Сид — святой или греш-
ник, спаситель или Ирод рода человечес-
кого. Дело в том, допустимо ли клониро-
вание человека? Основные возражения
против клонирования homo sapiens но-
сят религиозно-этический характер. Но
религия выступала почти против всех
фундаментальных открытий науки. Дос-
таточно вспомнить костры инквизиции,
имена Коперника, Галилея, Джордано
Бруно...
С этикой дело обстоит несколько слож-
нее. Бог один, а вот этических пророков
хоть отбавляй. Сколько людей, столько
и этических взглядов.
16 — 9099
464
The Best of Just English
Возможность клонирования человека
взбудоражила нас потому, что постави-
ла коварный вопрос — кто мы? В своем
интервью Национальному общественно-
му радио доктор Сид сказал: “Бог создал
человека по своему образу и подобию.
Бог хотел, чтобы человек и он стали еди-
ны. Клонирование — первый серьезный
шаг навстречу этому единению. Человек
овладеет наукой и техникой бессмертия”.
В этом утверждении — повод для беско-
нечных теологических и этических спо-
ров. Но до Бога по-прежнему далеко, не
дотянуться, а клонирование все-таки бу-
дет проходить на нашей грешной земле.
Блага, которые сулит клонирование че-
ловечеству, неисчислимы. Научный мир
нехотя, с опаской, но признает это. Но и
угроза, связанная с клонированием, ве-
лика. Здесь вновь напрашивается анало-
гия с расщепленным атомом. Его осво-
божденная энергия способна уничтожить
всю планету и одновременно облагоде-
тельствовать ее. То же самое может сде-
лать “расщепленный ген”. И атом, и
ген — лишь орудия в руках человека. Они
вне религии и этики. Сид утверждает, что
общественное недоверие мгновенно ис-
парится “при виде нескольких здоровых,
веселых, улыбающихся клонированных
малюток”. Ну а при виде нескольких уг-
рюмых клонированных монстров? Пре-
давая анафеме доктора Сида, мы, сами
того не ощущая, выражаем вотум недо-
верия человеческому разуму. Но неуже-
ли зарезать овцу лучше, чем клониро-
вать?
Мэлор Стуруа
Московский Комсомолец,
23 января 1998 г.
FOR UNIT 2
"Чикагского безумца"
обложили со всех сторон
В Париже на Европейской конференции
национальных комитетов по биоэтике
представлен к подписанию Протокол о
запрете клонирования человека. Предпо-
лагается, что его подпишут 19 из 40 чле-
нов Совета Европы.
Многие из них приняли окончательное
решение после громкого заявления чи-
кагского ученого Ричарда Сида о своих
планах открыть клинику для клонирова-
ния людей.
Хотя появление овечки Долли еще до
этого заявления привело к созданию сра-
зу нескольких фирм, предлагающих сво-
им потенциальным клиентам прелести
человеческого клонирования. Так, в сети
Интернет есть Clone-AIF, которая, яко-
бы на основе собственных тридцатилет-
них исследований, может создавать кло-
ны с различными физиологическими ха-
рактеристиками, позаимствованными у
фотомоделей и кинозвезд. Похожую фир-
му — ClonAid-— создал некто Рэл, осно-
ватель религиозной секты, считающий,
что мы произошли от инопланетян, при-
чем не как-нибудь, а именно путем кло-
нирования.
Ричард Сид, таким образом, попал в ком-
панию людей, не вызывающих доверия.
И по всей видимости, к его заявлению
Clones are Coming
465
мир отнесся бы примерно так же, как и к
рекламным буклетам упомянутых фирм,
если бы не его явная принадлежность к
научному сословию.
69-летний ученый имеет докторскую сте-
пень по физике, полученную в Гарварде;
за его плечами много лет работы в каче-
стве специалиста по лечению бесплодия.
Но именно научное сообщество и нанес-
ло ему главный “ответный удар”.
Мариан Дэймвуд, специалист по беспло-
дию из Балтимора и одновременно член
совета Американского общества репро-
дуктивной медицины (ASRM), сказала,
что вряд ли найдется хотя бы один ме-
дик, который согласился бы сотрудни-
чать с Сидом в таком проекте и в такое
время. Одновременно ASRM объявило о
добровольном пятилетием моратории на
любые эксперименты, связанные с кло-
нированием людей. Любой из членов
ASRM, нарушивших этот мораторий, по-
теряет право представлять свои резуль-
таты на научных конференциях и публи-
коваться в научных журналах. Сразу в не-
скольких штатах начаты законодатель-
ные процедуры по запрету клонирования
людей. Если соответствующие законы
будут приняты, то экспериментаторам,
подобным Сиду, грозит шестилетнее тю-
ремное заключение.
Комментируют:
Профессор Борис ЛЕОНОВ, руководи-
тель лаборатории в Центре акушерства
и гинекологии РАМН, “автор” перво-
го в России “ребенка из пробирки”:
По моему мнению, ни в коем случае нель-
зя запрещать клонирование животных,
клонировать человека тоже можно, а в
некоторых случаях — даже нужно, для
лечения бесплодия и некоторых генети-
ческих заболеваний. Естественно, его
нужно проводить под строгим контролем
и в соответствии с определенными нор-
мами.
Профессор Андрей ДЫБ АН, ведущий
научный сотрудник Института экспе-
риментальной медицины, проработав-
ший 5 лет в Центре репродуктивной
генетики в Чикаго:
... Что касается технической стороны
вопроса, то я, как специалист, даже гово-
рить об этом не могу серьезно. У Вилму-
та было стадо овец, и он провел почти
300 экспериментов, из которых только
два оказались успешными. В случае кло-
нирования человека нужно было бы “зап-
ланировать” такое же большое количе-
ство мертворожденных или уродливых
детей. Все это нельзя воспринимать как
реальность.
Елена Кокурина и Владимир Покровский
Общая газета, Москва
15 января 1998 г.
FOR UNITS 1—3
Дня чего клонировать человека?
Клонирование человека уже сейчас очень
близко к реальности. К сожалению, на
обсуждение темы клонирования с само-
го начала повлияли СМИ, часто вводя-
щие общественность в заблуждение. При
разумном регулировании этого процесса
преимущества клонирования людей су-
щественно перевесили бы недостатки.
[6-
466
The Best of Just English
Если общественность наложит полный
запрет на клонирование человека, это
окажется печальным эпизодом в челове-
ческой истории.
Многие спрашивают: “Для чего клони-
ровать человека”? Существует как мини-
мум две веские причины: чтобы предос-
тавить возможность семьям зачать детей-
близнецов выдающихся личностей и что-
бы позволить бездетным парам иметь де-
тей. Живя в свободном обществе, мы
также должны задаться вопросом: “Дей-
ствительно ли отрицательные последст-
вия настолько неизбежны, что следует
запретить это делать взрослым людям?”
В целом отрицательные последствия не
так уж непреодолимы. Там, где предви-
дятся определенные злоупотребления,
они могут быть предотвращены с помо-
щью узконаправленных законов и регу-
лирующих норм.
Что же мы можем ожидать от человече-
ских клонов? Ответ вытекает из изуче-
ния обычных однояйцевых близнецов.
По внешности клон полностью повторя-
ет оригинального индивида, имеет прак-
тически тот же рост и телосложение. Од-
нояйцевые близнецы имеют 70-процен-
тную корреляцию в интеллекте и 50-про-
центную корреляцию в чертах характе-
ра. Это означает, что если клонировать
выдающегося ученого, то его клон-близ-
нец может на самом деле оказаться еще
умнее, чем исходный ученый! А если
клон Элизабет Тейлор будет иметь не-
сколько другой характер, разве это име-
ет значение?
В настоящее время мы не можем с уве-
ренностью сказать, какой процент близ-
нецов выдающихся людей будет делать
равные по значимости вклады в науку.
Однако если запретить клонирование, мы
никогда этого не узнаем.
Здесь и далее приведены выдержки из статьи
“The Case for Cloning Humans ’’ by Steven Vere
April 17, 2001
FOR UNITS 2,3
Пока ученые спорят, Голливуд вовсю клонирует
Голливуд всегда пристально интересо-
вался новейшими научными открытия-
ми, используя их в качестве сюжетного
материала. Но если серьезные исследо-
ватели скованы цепями формул и резуль-
татами экспериментов, то кинематогра-
фисты абсолютно свободны в интерпре-
тации научных достижений, прогнозиро-
вании открытий и их последствий. Но-
вое, что привлекло продюсеров в мире
науки, — скандально популярная тема
клонирования.
Эту тему с жадностью подхватили в Гол-
ливуде, дав волю своей фантазии. На зри-
теля обрушилась настоящая информаци-
онная атака как с малого экрана, так и с
большого. В первом случае речь идет о
суперизвестном, успевшем стать культо-
вым телесериале компании “Фокс” —
“Секретные материалы” (“X-FILES”), где
в популярной форме излагаются не толь-
ко ставшие классическими научные тео-
рии, но и те, к которым ученые только-
только подступаются.
Центральное место в развитии сюжета
“X-FILES” занимает тема клонирования.
Создатель сериала Крис Картер предла-
гает довольно пессимистическую карта-
Clones are Coming
467
ну: американское правительство задума-
ло заменить несовершенный человечес-
кий род, для чего проводит многолетний
тайный эксперимент. В сверхзасекречек-
ном районе одного из штатов содержит-
ся целое поселение клонов — серийный
вид совершенных людей без физических
и нравственных недостатков, идеальных
и послушных функционеров, работаю-
щих лишь в заданном ритме. У этих по-
корных “солдат” нет прошлого, а значит,
нет и воспоминаний. Они не испытыва-
ют потребности в любви и ни к чему не
стремятся. На поле, в лаборатории, в ма-
газине всюду мы видим абсолютно оди-
наковых людей — дюжину, тысячу, мил-
лион “близнецов”, лишенных индивиду-
альности. “Потерять свое настоящее ли-
цо, превратиться в армию неисчислимых
песчинок-людей — не есть ли это страш-
ное будущее человечества?” — спраши-
вают создатели сериала.
На большом экране с подобными фило-
софскими кроссвордами сталкиваются
герои картины “Гаттака” — одного из
лидеров проката США. В этой антиуто-
пии человечество состоит из клонов, а
рожденных естественным путем людей
считают “выродками” и преследуют. [... ]
А может быть, стоит оптимистически от-
нестись к работе ученых в этой области?
Теряя любимых, мы не можем смирить-
ся с мыслью, что больше никогда не уви-
дим их. Мы готовы на все, лишь бы вер-
нуть хотя бы мгновение прошлого, уви-
деть дорогое лицо, прижаться щекой к
любимому плечу, сказать то, что не ус-
пели...
Помогут ли эксперименты по клониро-
ванию сделать людей более счастливы-
ми, а любовь — действительно бессмер-
тной?
Юлия Козлова
Московский Комсомолец
23 января 1998 г.
FOR UNIT 2
Премьера клона состоится?
Недавно на российском телевидении по-
казали один из главных боевиков про-
шлого киносезона — фильм с Арноль-
дом Шварцнеггером “Шестой день”. В
этом фильме речь идет о клонировании
человека и о том, почему этого нельзя
допустить.
Раз уж речь идет о Голливуде, стоит
вспомнить, в чем главные аргументы —
и художественные, и документальные —
противников клонирования. Во-первых,
это прерогатива Бога — создавать чело-
века. Во-вторых, клонирование — это
падение цены человеческой жизни и воз-
врат к антигуманным временам. В-тре-
тьих, это безграничная власть медици-
ны — может нарушиться весь существу-
ющий баланс в природе. У сторонников
клонирования человека и его органов
главный довод — нельзя остановить про-
гресс, главной целью которого является
помощь человеку.
Клонирование человека запрещено не-
сколькими мировыми политическими ин-
ститутами и законодательством многих
стран. Причиной таких решений стали
как общие рассуждения на тему вечнос-
ти, так и конкретные неудачные опыты
468
The Best of Just English
над животными. Клонированная овечка
Долли оказалась тяжело больна и ее уже
нет на свете.
Однако вести о попытках клонирования
появляются почти ежедневно. Часто они
носят откровенно рекламный характер.
Возможно, и к последней новости стоит
отнестись не так уж серьезно; итальянс-
кий хирург Северино Антинори объявил
о рождении клонированного ребенка. По
его словам, клонов на свет произведут
три женщины, чье имена не разглашают-
ся в целях обеспечения секретности “про-
екта”. Имя Северино Антинори стало из-
вестно мировой медицине в 1994 году,
когда он помог родить 62-летней жен-
щине, которая уже в силу возраста и фи-
зиологических особенностей поставила
на себе крест.
Обсуждать тему клонирования очень ин-
тересно, и скандальное заявление италь-
янского хирурга подбросило охапку ве-
ток в костер дискуссии. Так что Голли-
вуд может писать новые сценарии на тему
клонирования —общественный интерес
к этой теме не пропадает. А что начнет-
ся, когда клонированные дети появятся
на свет — уму не постижимо...
Нина Зверева
www.politcom.ru
27 ноября 2001 г.
FOR UNIT 5
Американки хотят клонировать Брэда Питта
Клонирование человека — сейчас тема
модная. И совершенно очевидно, что кло-
нировать нужно не абы кого, а самых
достойных. Вот американцы и провели
опрос, из которого сразу стало ясно, что
первым в очереди на клонирование сто-
ит Брэд Питт (который уступает по по-
пулярности только крем-брюле, но крем-
брюле и так каждый день “клонируется”
на фабриках мороженого). На втором
месте — лучший Терминатор всех вре-
мен и народов Арнольд Шварценеггер.
Самой желанной для клонирования жен-
щиной является Дженнифер Лопес. А вот
Бритни Спирс всего лишь замыкает де-
сятку. На пятом месте — Кэтрин Зета-
Джонс. Также в списке кандидатов на
клонирование и бывшая “золотая пароч-
ка” Голливуда — Круз и Кидман. Прав-
да, Том на 11-ом месте, а Николь всего
лишь на 18-ом.
Омен.ру
февраль 2003 г.
FOR UNIT 3
Клинт Иствуд, Артур Кларк идддюшка Макс
Для того, чтобы клонировать человека,
существует как минимум две веские при-
чины: чтобы предоставить возможность
семьям зачать детей-близнецов выдаю-
щихся личностей и чтобы позволить без-
детным парам иметь детей.
Clones are Coming
469
Рассмотрим первый случай — клониро-
вание исключительных личностей. Вы-
дающиеся люди ценны во многих отно-
шениях, как культурных, так и финансо-
вых. В США кинозвезды и звезды спорта
часто “стоят” сотни миллионов долларов.
Клинт Иствуд, например. Его фильмы за
тридцать лет принесли несколько мил-
лиардов долларов. Сегодня ему под семь-
десят, и он приближается к завершению
своей актерской и режиссерской карье-
ры. Культурное и экономическое значе-
ние клонирования Клинта Иствуда было
бы громадным. Десятки миллионов по-
клонников были бы в восторге. К тому
же, он, несомненно, имеет финансовые
ресурсы, чтобы оплатить эту процедуру.
Его новая жена сейчас в детородном воз-
расте и смогла бы легко выносить и ро-
дить ребенка, который воспитывался бы
в их семье. Если бы семья Иствудов ре-
шила, что они хотят это сделать, почему
правительство должно это запретить? По-
чему это должно быть преступлением?
Почему не следует разрешать клониро-
вание выдающихся представителей ин-
теллигенции и ученых, таких как науч-
ного фантаста-провидца Артура С. Клар-
ка, д-ра Джонаса Салька, изобретателя
полиомиелитной вакцины, и даже само-
го д-ра Яна Вилмута? Стоило бы клони-
ровать каждого из Нобелевских лауреа-
тов ради того будущего вклада, который
их близнецы могли бы потенциально вне-
сти в науку. Речь идет о решении, кото-
рое принимается непосредственно заин-
тере-сованными индивидами: донором
ДНК, женщиной, которая будет вынаши-
вать ребенка, и ее мужем, который будет
помогать растить этого ребенка.
Понятие исключительных людей не ог-
раничивается кинозвездами и лауреата-
ми Нобелевской премии. Всем нам изве-
стны люди, которых мы уважаем и кото-
рыми восхищаемся. Иногда мы говорим
себе: “Побольше бы в мире таких людей,
как этот!” Клонирование людей позво-
ляет нам пойти дальше пустых размыш-
лений подобного рода. Предположим,
старый дядюшка Макс — прекрасный
человек, к которому с любовью и уваже-
нием относятся в обществе и в семье. Его
племянница со своим мужем решают, что
они бы хотели иметь ребенка, такого же,
как дядюшка Макс. Он польщен и согла-
сился позволить себя клонировать. По-
чему же Конгресс США в своей “беско-
нечной мудрости” должен вмешиваться
и объявлять дядюшку Макса и его пле-
мянницу преступниками, которых следу-
ет арестовать полиции по делам воспро-
изводства населения и посадить в тюрь-
му? Где же тут вредные последствия для
них самих и для общества? Почему это
должно быть преступлением?
"The Case for Cloning Humans " by Steven Vere
April 17, 2001
FOR UNITS
Сенсации года: все открытия на грани дозволенного
По мнению профессора Оксфордского
университета Эндрю Линзи, некоторые
опыты английских ученых нельзя рас-
сматривать иначе как научный фашизм.
Клонированная овца Долли и безголовая
лягушка — первый этап работ по выра-
470
The Best of Just English
щиванию людей-доноров человеческих
органов. Блокирование гена, отвечающе-
го за развитие мозга, сделало возможным
рождение людей без мозга. Мы создаем
человеческие существа, смысл жизни ко-
торых сводится исключительно к обслу-
живанию доминирующей группы. С мо-
ральной точки зрения, это шаг назад —
создавать мутантную форму жизни.
Беспокойство профессора Линзи разде-
ляет доктор Патрик Диксон, автор зна-
менитой книги “Генетическая револю-
ция”. Он призвал провести международ-
ную встречу на высшем уровне для зап-
рещения безнравственных опытов. Если
это не сделать сейчас, то скоро мы уви-
дим нарождение человеческих мутантов,
которые будут существовать, формаль-
но считаясь мертвыми, так как у них нет
мозга. Таких гуманоидов могут быть сде-
ланы сотни. Они будут жить с нами, но
тот ли это мир, в котором захотим жить
мы?
Опыты проводятся под покровом стро-
[ жайшей тайны. Создатель клонирован-
ной овцы доктор Вилмут объясняет се-
кретность коммерческими интересами.
Генные технологии обещают прибыли в
десятки миллионов долларов. Другой из-
вестный эмбриолог признался, что избе-
гает огласки своих медицинских опытов,
так как боится общественного осужде-
ния.
За последний год только в британских
лабораториях создано более 80 тысяч
[ новых животных-мутантов. Гены от че-
ловека уже “работают” в микробах, рыбе,
, кроликах, мышах, овцах, свиньях и ко-
ровах. Кто знает, сколько генов нужно
г пересадить мутанту, чтобы он стал чело-
веком? Согласится ли церковь окрестить
> его?
Александр Марголин и Сергей Максименко
Общая газета,
11 декабря 1997 г.
FOR UNIT 2
Родился ли первый в мире клон человека?
В американской семье появился первый
в мире клонированный ребенок. Об этом
заявила представитель компании С Ion A id
Бриджит Буасселье (Brigitte Boisselier),
французский химик и член секты раели-
тов. Однако с уверенностью заявить об
успехе клонирования человека можно бу-
дет лишь после проведения независимой
генетической экспертизы.
По словам г-жи Буасселье, ученые ком-
пании успешно завершили эксперимент
по клонированию девочки, которая по-
явилась на свет 26 декабря 2002 года. Для
этого ее матери было сделано кесарево
сечение. Девочку, генетическую копию
матери, назвали Евой.
Эксперимент по клонированию содер-
жался в строгом секрете, место его про-
ведения неизвестно. Ожидается, что г-жа
Буасселье на специальной пресс-конфе-
ренции представит миру видеосъемку ро-
дов и пригласит, как она утверждает, не-
зависимого эксперта для проведения ге-
нетической экспертизы ребенка и его ма-
тери. Только после этого можно будет с
уверенностью сказать об успехе клони-
рования человека.
Clones are Coming
471
Раелиты некоторое время назад заявили,
что готовы произвести на свет пять че-
ловеческих клонов. Секта раелитов —
весьма любопытное объединение. Раели-
ты утверждают, что у них до 55 тысяч
сторонников по всему миру. Они верят,
что жизнь на Земле появилась благодаря
инопланетянам, прилетевшим на нашу
планету 25 тысяч лет назад, а само чело-
вечество — продукт клонирования при-
шельцев. Основатель секты Раель, в ми-
ру — французский журналист Клод Во-
рийон (Claude Vorilhon), живет сейчас в
Квебеке и утверждает, что все, во что он
сегодня верит, ему рассказали сами иноп-
ланетяне. Себя он называет пророком и
заявляет, что клонирование человека —
путь к бессмертию людей. В 1997 году
Раель основал на Багамах компанию
ClonAid для проведения генетических ис-
следований.
Заявление Бриджит Буасселье последо-
вало спустя неделю после слов другого
известного пионера человеческого кло-
нирования, итальянского доктора Севе-
рино Антинори, пообещавшего, что пер-
вый человеческий клон появится на свет
в январе 2003 года.
Буасселье и Антинори — двое из трех
специалистов, впервые заявивших на сов-
местной пресс-конференции о своих пла-
нах клонировать человека. Третий спе-
циалист, живущий в США доктор Панос
Завос, не говорил о том, что клонирован-
ный ребенок скоро родится, однако под-
твердил, что ведет активную программу
по клонированию.
Многие ученые относятся к подобным
заявлениям скептически. В принципе, все
признают, что осуществить клонирова-
ние человека технически возможно, од-
нако сделать это крайне сложно, а глав-
ное, по мнению многих специалистов,
слишком рискованно, если учесть резуль-
таты клонирования животных.
www. zaistin и. ru/news,
30 декабря 2002 г.
Речь в поддерг
Давайте подробнее рассмотрим некото-
рые из основных бытующих в обществе
возражений против клонирования лю-
дей.
1.	Сама мысль об этом противоестест-
венна и отвратительна. Создание еще
одного человека с тем же самым гене-
тическим кодом нарушило бы челове-
ческое достоинство и уникальность.
Эти аргументы сводятся на нет существо-
ванием сегодня в мире 150 миллионов
человек, чей генетический код не явля-
FOR UNIT 2
у клонирования
ется уникальным. Я говорю о естествен-
ных однояйцевых близнецах, которые по-
являются на свет в среднем 1 раз на 67
рождений. Естественные близнецы на-
много более одинаковые, чем клоны-
близнецы, так как они имеют в точности
одинаковый возраст, в то время как клон-
близнец и донор ДНК будут иметь раз-
ницу в возрасте в несколько десятков лет.
Отвратительны ли естественные двой-
няшки или тройняшки? Унижают ли
близнецы человеческое достоинство?
Нет, конечно.
472
The Best of Just English
Такая отрицательная реакция во многих
случаях — просто результат дезинфор-
мации и путаницы вокруг понятия чело-
веческого клона. Даже если многие люди
все же находят мысль о клонировании
человека отвратительной, это не доста-
точное основание для запрета. Во имя
индивидуальной свободы в этом мире
разрешены многие виды деятельности,
которые люди находят отвратительными.
Например, многие считают отвратитель-
ными серьги в носу и операции по изме-
нению пола. Но они не запрещены, так
как мы ценим свободу выбора. Существу-
ет взгляд, что преступления без жертвы
не должны считаться преступлениями. А
кто был бы жертвой в случае клонирова-
ния человека? Трудно поверить, что кло-
ны будут считать себя жертвами только
потому, что у них тот же самый генети-
ческий код, что и у кого-то еще. Ведь
миллионы природных близнецов не счи-
тают себя жертвами. Также трудно по-
нять, как общество в целом могло бы
пострадать от клонирования людей. На-
оборот, клон, вероятно, должен думать о
себе как о ком-то особенном, тем более
если он — близнец выдающейся личнос-
ти. У клонов также будет преимущество
в том, что с самого начала жизни будет
известно, к чему у них есть способности.
Так где же проблема?
2.	Клонирование сократило бы генети-
ческое разнообразие, делая нас более
уязвимыми к эпидемиям.
Это возражение базируется на необосно-
ванной экстремальной экстраполяции. На
нашей планете существует более 5 млрд,
людей. Очевидно, что клонирование че-
ловека будет производиться в очень
скромных масштабах из-за высокой сто-
имости процедуры. Кроме того, боль-
шинство женщин все же не захотят быть
матерями клонов-близнецов. Пройдет
много десятилетий, прежде чем общее ко-
личество клонов-людей достигнет хотя
бы 1 млн. человек во всем мире. По про-
центному соотношению, это составило
бы микроскопическую часть от общего
населения и не оказало бы никакого воз-
действия на генетическое разнообразие
людей. Напротив, клонирование челове-
ка может помочь нам восполнить поте-
рянное генетическое разнообразие. Если
же в некотором отдаленном будущем кло-
нирование людей станет широко распро-
страненным, то некоторые ограничения
на такую деятельность могли бы быть
оправданы. Однако будем иметь в виду,
что даже если создать один клон каждо-
го человека на планете, генетическое раз-
нообразие практически не уменьшится,
поскольку у нас по-прежнему останется
5 млрд, генетически различных индиви-
дов.
3.	Это может привести к созданию лю-
дей-монстров или уродов.
Клонирование человека — это не то же
самое, что генная инженерия человека.
При клонировании ДНК копируется, в
результате чего появляется еще один че-
ловек — близнец существующего инди-
вида и, следовательно, — не монстр или
урод. Генная же инженерия подразуме-
ваетмодификацию человеческой ДНК, в
результате чего может появиться чело-
век, непохожий ни на кого. Это могло
бы привести к созданию очень необыч-
ных людей, даже монстров. Генная ин-
женерия человека, имеющая большой
позитивный потенциал, действительно
очень рискованное предприятие, и дол-
жна проводиться только с величайшей
осторожностью и под надзором. Клони-
рование же безопасно и банально по срав-
нению с генной инженерией. Если вы
опасаетесь клонирования человека, то
генная инженерия человека приведёт вас
в ужас!
Clones are Coming
473
4.	Диктаторы могут употребить кло-
нирование во зло.
Существует возможность, что бесприн-
ципные диктаторы могут попытаться уве-
ковечить свою власть, создав себе кло-
на-наследника. Существует также воз-
можность, что такие люди могут попы-
таться создать супер-армию из тысяч кло-
нов Арнольда Шварцнеггера или ему
подобных. Эти возможности нельзя сбра-
сывать со счетов. Однако важно пони-
мать, что законы, принятые в США и
других демократических странах, не мо-
гут контролировать поведение диктато-
ров-негодяев в тоталитарных странах. И
если некий диктатор захочет клонировать
себя, никакое военное вторжение не смо-
жет его остановить. Зло в этих сценариях
происходит не от клонирования как тако-
вого, а от диктатур. Надлежащим реше-
нием был бы всемирный запрет на дик-
таторов (что, к сожалению, невозможно)!
5.	Технология несовершенна, она мо-
жет привести к смерти клона.
Ни одна сфера человеческой деятельно-
сти не свободна от случайной смерти.
Клонирование человека — не исключе-
ние. Многие из клонированных в Рослин-
ском Институте овечек были мертворож-
денные. В настоящий момент техноло-
гия клонирования млекопитающих нахо-
дится в экспериментальной стадии и про-
цент успешных исходов пока что низкий.
Судя по дополнительным экспериментам
на высших млекопитающих, можно пред-
видеть, что процедура клонирования бу-
дет усовершенствована вплоть до такого
качества, когда риск смерти ребенка-кло-
на будет такой же, как и при рождении
обычного ребенка.
Сорок тысяч человек погибают в США
каждый год в автокатастрофах. Авиака-
тастрофы уносят каждый год жизни де-
сятков и сотен людей и детей в том чис-
ле. И, наконец, каждый год и взрослые и
дети давятся куриными костями и уми-
рают. Однако мы не думаем о запрете на
автомобили, самолеты или жареных цып-
лят из-за приносимой ими пользы, кото-
рая перевешивает риск. Если самолеты
были бы изобретены сейчас, а не 90 лет
назад, я боюсь, были бы серьезные пред-
ложения их запретить из-за риска травм
и гибели людей. Абсурдно запрещать но-
вые технологические достижения толь-
ко потому, что они изначально небезо-
пасны.
6.	Миллионеры будут клонировать се-
бя только для того, чтобы получить
органы для трансплантации.
Это одно из самых несуразных из всех
заявлений насчет клонирования. Челове-
ческий клон — это человеческое суще-
ство. В свободном обществе нельзя зас-
тавить другое человеческое существо от-
дать вам один из своих внутренних орга-
нов. Также как, например, нельзя убить
другого человека, чтобы получить один
из его органов. Уже существующие за-
коны препятствуют таким злоупотребле-
ниям. Заметьте также, что если ваш клон-
близнец получил травму при несчастном
случае, вас могут попросить отдать одну
из ваших почек, чтобы сохранить жизнь
клону!
Действительно, многие возможные за-
конные применения технологии клони-
рования связаны с трансплантацией ор-
ганов, пересадкой кожи для жертв пожа-
ров и т.п. Но в этих случаях не требуется
клонирование целого человека, а только
выращивание новых тканей или органов
для медицинских целей.
7.	Действительно ли нам нужно 200
клонов Софи Лорен или Синди Кроу-
форд?
474
Возможно нет, и маловероятно, что это
случится (хотя идея воспроизведения
красивых женщин покажется неплохой
большинству мужчин!). Если мы говорим
о клонировании живого человека, и тре-
буется его согласие, как это и должно
быть по закону, крайне маловероятно, что
человек согласится на создание 200 кло-
нов. Человек скорее всего одобрит созда-
ние не более чем 1 или 2 клонов себя.
The Best of Just English
Вопрос об ограничении количества кло-
нов-близнецов встаёт только при клони-
ровании уже умершего человека. И вре-
мени для подобных дебатов у нас будет
достаточно. Конечно же, если просто су-
ществуют несколько индивидов с одина-
ковой внешностью, таких как двойняш-
ки или тройняшки, это вовсе не ведет к
деградации человеческой сущности этих
людей.
“The Case for Cloning Humans " by Steven Vere
April 17, 2001
FOR UNIT 3
Ватикан против клонирования
Папа Иоанн Павел II выступил в Риме на
Всемирном конгрессе трансплантологов
(август 2000 г.) с рядом важнейших заяв-
лений, отражающих официальную пози-
цию Ватикана по вопросам биоэтики. В
частности, глава Римской католической
церкви категорически осудил экспери-
менты по клонированию человека. Вати-
кан верен своей традиции: оперативно и
недвусмысленно высказываться по са-
мым актуальным проблемам современ-
ности.
Запрет Ватикана на клонирование чело-
века с целью получения трансплантоло-
гического материала, а также на экспе-
рименты с человеческими эмбрионами не
стал для участников форума неожидан-
ностью. Католическая церковь неоднок-
ратно подчеркивала, что человеческая
личность является таковой с момента оп-
лодотворения яйцеклетки. И любое вме-
шательство в акт божественного творе-
ния абсолютно недопустимо. Последним
и наиболее авторитетным заявлением по
этому вопросу стала декларация, опуб-
ликованная Папской Академией по воп-
росам жизни. Так что словами о запрете
клонирования человека Иоанн Павел II
лишь придал окончательную определен-
ность официальной позиции Ватикана.
При этом часть выступления папы перед
учеными была посвящена не запрету, а,
напротив, одобрению трансплантации,
что стало поистине новым словом в био-
этической доктрине Ватикана. Папа бла-
гословил трансплантологию как перспек-
тивную отрасль медицины и горячо одоб-
рил практику донорства органов. “Донор-
ство, — сказал он, — это благородное
дело, дело истинной любви. Ведь отда-
ется даже не что-то свое, отдается часть
самого себя!”
www. implant.yo. lv,
2003 г.
Clones are Coming	475
FOR UNIT 3, 4
Против клонирования
выступили представители многих религиозный
конфессий и государств
Против первого клонированного младен-
ца уже выступили христиане, мусульма-
не и иудеи. Политики и общественные
деятели сочли необходимым выразить
протест в связи с сообщением о появле-
нии на свет крошки Евы. Возмущение
биологической безотцовщиной объеди-
нило мир.
Вот лишь несколько цитат из речей раз-
личных деятелей, прозвучавших по дан-
ному поводу:
	Пресс-секретарь Папы Римского
Хоакин Наварро-Вальс: “Само по
себе заявление о рождении клони-
рованного ребенка (поставленное
под сомнение международным на-
учным сообществом) есть проявле-
ние брутального менталитета, лише-
но этического и гуманитарного
смысла”.
•	Духовный лидер суннитов Егип-
та Али Абу эль-Хасан: “Клониро-
вание означает хаос. Наука должна
регулироваться законами во имя гу-
манности и достоинства”.
•	Духовный лидер ваххабитов Сау-
довской Аравии Айед бин Ахмад
аль-Курани: “Клонирование пося-
гает на божественную сущность
происхождения человека. Это неми-
нуемо приведет к распространению
неведомых болезней. Это разрушит
узы брака. Это грех, грех, грех”.
•	Главный раввин Израиля Меир
Лау: “Для клонирования и иных
форм сотворения жизни неесте-
ственным пу-тем необходимо опре-
делить границы, за которыми—по-
сягательство на замысел Творца, в
чьих руках и жизнь, и смерть”.
•	Президент Франции Жак Ширак:
“Клонирование людей противоре-
чит человеческому достоинству”.
•	Пресс-секретарь ООН Фрэд Эк-
хард: “Полагаю, в любом случае,
никто не ожидает, что генеральный
секретарь пошлет цветы младенцу
и матери”.
•	Генеральный секретарь Совета
Европы (СЕ) Вальтер Швиммер
призвал ратифицировать протокол,
запрещающий клонирование чело-
века. Протокол СЕ, запрещающий
“любую операцию, направленную
на создание человека, идентичного
другому, живому или мертвому” без
каких бы то ни было исключений,
вступивший в силу в марте 2001 го-
да, ратифицировали только 12 из 44
членов СЕ. В своем коммюнике В.
Швиммер призвал неприсоединив-
шиеся к этому документу страны ра-
тифицировать протокол, чтобы Ев-
ропа стала районом, “свободным от
клонирования”.
www.zaistinu.ru/news
30 декабря 2002 г.
476
The Best of Just English
FOR UNIT 4
"Клонированию — нет!"
превратилось в “почему нет?"
Некоторое время назад подавляющее
большинство общественных организаций
США и Белый Дом выступили за запре-
щение клонирования человека. Тем не
менее, в научных лабораториях и меди-
цинских центрах все чаще говорят об ис-
пользовании техники клонирования в
бездетных семьях. Метод клонирования,
считают медики, ничем не хуже и не амо-
ральнее, чем искусственное осеменение,
оплодотворение в пробирке, заморажи-
вание человеческого эмбриона и вына-
шивание ребенка для другой женщины,
то есть все те методы, которые уже ши-
роко практикуются. Никто не может ли-
шить американских граждан конституци-
онной свободы репродукции любым пу-
тем, каким они пожелают. [...]
Постепенно идея клонирования завое-
вывает все больше сторонников. Но не
слишком ли быстро завоевывает? Гото-
во ли человечество к этому? И, наконец,
что говорит о клонировании закон?
На эти вопросы отвечает доктор права
Эрнест Ван ден Хааг.
— Я не вижу причин для запрета клони-
рования. Федерального закона, запреща-
ющего клонирование, нет и, думаю, не
будет. Закон штата Калифорния можно
оспорить в высших судебных инстанци-
ях. Ограничивать исследования в этом
плане нецелесообразно и недальновид-
но. Я не считаю этот метод воспроизвод-
ства себе подобных хуже в глазах зако-
на, чем обычное зачатие. Люди хотят
иметь детей, а каким способом — это их
дело. То, что этот метод может быть ис-
пользован во вред кому-то — не аргу-
мент, ибо во вред может быть использо-
вано все что угодно: столовый нож, вил-
ка, утюг, однако никто не запрещает вы-
пускать ножи, вилки и утюги. Другое
дело, что должен быть принят закон, не
запрещающий, а регулирующий процесс
клонирования. Что касается так называ-
емого выращивания двойников для ис-
пользования их органов, здесь и нужен
закон, защищающий право любого чело-
века, в том числе и выведенного мето-
дом клонирования, на жизнь. Но пока все
это больше фантазия, чем реальность.
Самое интересное на нынешней стадии
исследований, как считают ученые, это
возможность генетического усовершен-
ствования клона путем введения в кло-
нируемую клетку определенного гена,
скажем, ответственного за сопротивле-
ние СПИДу. Такие гены уже найдены. И
такое “впрыскивание” гена морально ни-
чем не отличается от вакцинации детей.
А. Сиротин
Московский Комсомолец,
Москва 1998 г.
Clones are Coming
477
FOR UNIT 4
Права клонов
С юридической точки зрения, человечес-
кие клоны будут иметь те же самые юри-
дические права и обязанности, что и лю-
бой человек. Клоны будут человечески-
ми существами в самом полном смысле
этого слова. Никто не будет иметь права
держать клона в качестве раба. Рабство
было запрещено в США в 1865 году. Бо-
лее того, клонирование человека будет
осуществляться на индивидуальной доб-
ровольной основе. Живой человек, кото-
рого собираются клонировать, должен
будет дать на это свое согласие. Точно
так же и женщина, которая будет вына-
шивать клона-близнеца и потом растить
этого ребенка, должна действовать доб-
ровольно. Никакой другой сценарий не-
мыслим для свободной демократической
страны. Поскольку при клонировании
требуется женщина, чтобы вынашивать
ребенка, нет опасности, что ученые-зло-
деи будут создавать тысячи клонов в сек-
ретных лабораториях. Клонирование бу-
дет делаться только по просьбе и при
участии обычных людей в качестве до-
полнительной альтернативы для воспро-
изводства.
Некоторые политики в Соединенных
Штатах сейчас предлагают уберечь нас
от всех несчастий, связанных с клониро-
ванием людей, путем полного законода-
тельного запрета. Интересно, что при
ближайшем рассмотрении никаких серь-
езных проблем в действительности не
существует. В нескольких случаях, ког-
да возможны злоупотребления, они мо-
гут быть предотвращены с помощью уз-
конаправленного законодательства. И нет
ничего, связанного с клонированием че-
ловека как таковым, что оправдывало бы
его криминализацию. Единственное воз-
ражение, которое остается в результате
анализа состоит в том, что технология
клонирования пока не совершенна. Но
это повод для дальнейших исследований,
а не для запрета.
Количество фантастических и абсурдных
возражений против клонирования чело-
века просто изумляет. Оно показывает
полное отсутствие понимания этого про-
цесса у широкой публики. Вместо того,
чтобы потворствовать страхам, исходя-
щим из неведения, политикам следовало
бы принять программу, формирующую
у общественности объективное понима-
ние этого вопроса. Если законодатели
США окажутся достаточно глупы, что-
бы провозгласить клонирование челове-
ка преступлением, велика вероятность,
что Верховный суд объявит их решение
антиконституционным. Но даже если он
этого не сделает, у американцев все рав-
но останется возможность отправиться в
другую свободную страну, чтобы осуще-
ствить эту процедуру.
“The Case for Cloning Humans ” by Steven Vere
April 17, 2001
478
The Best of Just English
FOR UNITS 3, 4
Конвейер бессмертия
С момента, когда клонированная британ-
скими учеными овечка Долли впервые
появилась на телеэкранах, мир потерял
спокойствие. Ученые и журналисты, по-
литики и религиозные авторитеты раз-
личных конфессий состязаются друг с
другом в сочинении сюжетов ужасов:
“Армии искусственно созданных бездуш-
ных приматов объявляют крестовый по-
ход против имеющих душу!”
Поскольку закон о запрете клонирования
человека готовится и в России, законо-
мерно появление в Госдуме Комитета в
защиту клонирования. Что это за орга-
низация? Чего она добивается? Какие у
нее аргументы? С этими вопросами я об-
ратился к секретарю комитета, исполни-
тельному директору Фонда радикально-
го продления жизни, ученому-биологу
Сергею Велоровичу БОДРОВУ.
— Клонирование — это получение абсо-
лютной генетической копии того живо-
го организма, чей генный материал был
использован. Сущность клонирования та-
кова. Берется любая клетка животного,
освобождается от собственной ДНК, в
нее пересаживается ДНК от другого жи-
вотного, но непременно того же самого
биологического вида, и в начальной ста-
дии развития эмбрион помещается в мат-
ку любого животного этого же вида. На
животных подобные опыты успешно
проведены. Нет ничего технически не-
возможного проделать все то же с чело-
веческой клеткой.
— Надеюсь, вы не сторонник серийно-
го производства биороботов. В чем же
тогда смысл клонирования человека?
— Давайте сразу покончим с биоробота-
ми и рукотворными Гитлерами. Никто
ведь не может помешать вырастить без-
душного убийцу из самого обычного ре-
бенка. Так что метод клонирования сам
по себе не увеличивает арсенал возмож-
ного зла. Другое дело — необходимы
такие разумные законодательные ограни-
чения, которые сделали бы затруднитель-
ным использование метода во зло. Безо-
говорочный запрет — не лучшее реше-
ние. Чтобы найти оптимальное, как раз и
создан наш комитет.
— Зачем это нужно?
— Представьте себе немолодых супру-
гов, единственный ребенок которых уми-
рает. Горе, испытываемое родителями,
зачастую столь велико, что вся их даль-
нейшая жизнь становится невыносимой.
Когда же метод клонирования человека
будет отработан, таким родителям мож-
но будет помочь.
Человек умер, но не все клетки организ-
ма погибают одновременно. Тотчас пос-
ле медицинской констатации факта смер-
ти можно будет взять одну из еще не
умерших клеток организма и выращивать
из нее клон. Вскоре у переживших не-
счастье родителей вновь появится мла-
денец — однояйцевый близнец умерше-
го ребенка. Согласитесь, для отца с ма-
терью такой возврат к жизни любимого
чада может оказаться спасением.
— Но все равно это будет другой ребе-
нок, сколь бы похожим он ни был. Что
при этом станет с душой новорожден-
ного? Окажется ли она у него вообще?
Будет ли это душа умершего близнеца
или какая-то другая?
— Об этом можно будет говорить все-
рьез, когда гипотеза о существовании
Clones are Coming
479
души и ее божественном происхождении
получит научное подтверждение. Пока
этого нет. В любом случае, если удастся
вырастить клонированного близнеца, это
ведь тоже произойдет по Божьей воле. А
значит, ничего противного Всевышнему
не случится.
— Но, насколько я знаю, представители
крупнейших религиозных конфессий про-
тив опытов по клонированию человека.
Правильно ли с этим не считаться?
— Во-первых, это верно лишь отчасти.
Решительно против пока что высказыва-
лось лишь руководство католической и
мусульманской церквей. Глава же Русс-
кой православной церкви Патриарх Алек-
сий II занял по этому вопросу достаточ-
но мягкую позицию. Он сказал в интер-
вью журналу Природа, что возможность
клонирования человека требует изуче-
ния. Каких-либо суждений о клонирова-
нии ни в одной из священных книг ни
одной религии нет. Поэтому вопрос о
греховности метода остается открытым
и с религиозной точки зрения.
Во-вторых, если, к примеру, бездетная
супружеская пара хочет обзавестись сво-
им собственным, биологическим родным
ребенком, а ученые способны ей в этом
помочь, так ли уж необходимо испраши-
вать соизволение какого бы то ни было
духовного авторитета?
— Пока что все ваши аргументы вполне
гуманны.
— Это естественно. Ведь в состав наше-
го комитета вошли нормальные люди,
обеспокоенные решением жизненно важ-
ных проблем человечества, а отнюдь не
“фаусты”, от которых неизвестно чего
ждать.
А вот еще один довод в пользу клониро-
вания человека. Сотни тысяч людей еже-
годно умирают, так и не дождавшись до-
норского органа: печени, почки, сердца
для операции по трансплантации. Да и
само это ожидание противоестественно.
Ведь приходится ждать гибели своего
безвестного спасителя. Причем еще воп-
рос, будет ли долгожданный донорский
орган совместим с организмом больного
по крови, по тканям, не произойдет ли
иммуноотторжения. Клонирование чело-
века иначе решает проблему трансплан-
тации. Можно будет загодя выращивать
из клетки человека его клон-двойник, но
без головы и головного мозга. Уже че-
тыре года назад в Великобритании, в уни-
верситете Бата, затем в Техасском уни-
верситете в США путем биохимическо-
го вмешательства были получены безго-
ловые эмбрионы головастиков и мышей.
В принципе, можно вырастить в лабора-
торных условиях человеческий клон без
головы и поддерживать его жизнедея-
тельность принудительным искусствен-
ным питанием.
— Но это фактически будет банк зап-
частей для человека?
— Вот именно. Кроме того, вскоре, ве-
роятно, завершатся опыты по выращи-
ванию отдельных органов животных из
соответствующих участков эмбрионов.
— Скажите, но, разбирая безголовый
клон человека на запчасти, не совершат
ли ради гуманной цели убийство? Кто
поручится, что, если нет головы, нет и
души?
— Во всяком случае, это не более анти-
гуманно, чем делать аборты. Если думать
о душе, в шести-семинедельном плоде
она присутствует с неменьшей вероятно-
стью. Однако только в России проводят-
ся миллионы абортов ежегодно.
— Значит, создав банк клонированных
запчастей и пересаживая их человеку по
480
The Best of Just English
мере износа его органов, можно суще-
ственно продлить жизнь?
— Не зря ведь наш Фонд Радикального
Продления Жизни борется против нера-
зумного запрета на клонирование. По
самым минимальным оценкам, продлить
жизнь удастся до 500—1000 лет, посколь-
ку нервные клетки стареют гораздо мед-
леннее других. А за столь длительное
время, уверен, проблема старения будет
решена.
—- Выходит, добейся сейчас ваш коми-
тет принятия разумного закона о кло-
нировании — и наше с вами поколение
может стать первым неумирающим?
—Хотелось бы верить. Чтобы вырастить
клон, потребуется 20—25 лет. Значит,
все, чей возраст позволяет прожить еще
столько лет, имеют шансы на продление
жизни.
Но, как писал Николай Федоров, “бес-
смертие — общее дело, оно не допускает
отбора избранных”. Выращивание кло-
нов для 150 миллионов россиян потре-
бует как минимум еще одного бюджета.
А нам и единственный-то никак не на-
скрести.
С другой стороны, нынешние экономи-
ческие трудности искусственно раздуты
и вполне преодолимы. А выращивание
собственного клона в перспективе обой-
дется не дороже содержания ребенка.
Рождаемость, правда, падает, но ведь не
все отказываются от рождения детей из-
за материальных трудностей. Надеюсь,
что и от бессмертия тоже не откажутся.
Савелий Кашницкий
Московский Комсомолец, Москва
13 мая 1998 г.
FOR UNIT 4
Российское общество
будущих клоиировщиков готовит документы
для Думы
У западных ученых, объявивших о наме-
рении осуществить эксперимент по кло-
нированию человека, неожиданно объя-
вились ярые сторонники в России. Еще в
декабре 1997 года в нашей стране был
создан так называемый “Комитет по за-
щите клонирования и бессмертия”. Лю-
бопытно, что среди активистов комите-
та — несколько биологов и специалис-
тов по геронтологии, хотя известные уче-
ные в его списках не значатся. Организа-
торы сейчас начинают просветительскую
работу среди населения, пытаются при-
влечь в свои ряды бизнесменов и поли-
тиков.
— С детства я остро чувствовал течение
времени, — поведал обозревателю Об-
щей газеты один из активистов комите-
та, кандидат медицинских наук Сергей
Бодров. — Мы просто не задумыва-
емся о том, как мало живем. Больной
СПИДом чувствует себя обреченным,
когда узнает, что ему осталось жить два-
три года. Я ощущаю то же самое из-за
того, что мне отпущено в лучшем случае
Clones are Coming
481
еще 30 — 40 лет. Образно говоря, мы все
заражены “вирусом старости” и воспри-
нимаем это как должное, никто не хочет
с ним бороться. Клонирование людей от-
крывает значительные возможности для
продления жизни.
“Защитники бессмертия” считают, что
клонирование людей в России должно
быть взято под государственный конт-
роль, и разрабатывают сейчас свою про-
грамму. Они пытаются увлечь своей иде-
ей бизнесменов и предлагают закупить
оборудование и развернуть центры по
клонированию уже сейчас. По их мне-
нию, у нас есть достаточно специалис-
тов, которые могли бы освоить эту про-
грамму.
Елена Славина
Общая газета, Москва
29 января 1998 г.
FOR UNIT 4
Россия против клонирования человека
Российское правительство приняло в тре-
тьем, окончательном чтении законопро-
ект “О временном запрете клонирования
человека”. За эту законодательную ини-
циативу единогласно проголосовали 365
депутатов. Законопроект вводит пятилет-
ний мораторий на клонирование “целос-
тного организма человека”. Запрещает-
ся также вывоз и ввоз эмбрионов челове-
ка, если они произведены путем клони-
рования. При этом документ не запреща-
ет клонирование других организмов, на-
пример, животных. Большинство стран
мира негативно относятся к клонирова-
нию, и только в Великобритании разре-
шено воспроизводство человеческого эм-
бриона в научно-исследовательских це-
лях. В США клонирование человека при-
знается федеральным преступлением, а
Германия и Франция решили предложить
международный запрет на клонирование.
Интерфакс
19 апреля 2002 г.
FOR UNIT 4
Мнение Евросоюза
Специальная комиссия Евросоюза заяви-
ла, что считает клонирование человека
экспериментом, не имеющим никакой
научной цели и смысла и даже нанося-
щим вред научному прогрессу в целом.
Комиссия даже приняла решение об от-
казе от финансирования каких-либо ис-
следований, связанных с клонированием
эмбриона и одобрила действия тех стран
Евросоюза, которые приняли закон о зап-
рещении клонирования человека на сво-
ей территории.
Издание законов, запрещающих клони-
рование человека, сейчас готовится сра-
зу в нескольких странах. Например, в
США уже есть законопроект о запрете
на клонирование людей, который ранее
был утвержден палатой представителей.
Президент США Буш выразил готов-
482
The Best of Just English
ность подписать этот документ. Всего же
запрет на клонирование действует уже в
42 странах мира. Кроме того, не исклю-
чено, что на сессии Генеральной Ассам-
блеи ООН будет рассмотрен вопроса о
глобальном запрете на клонирование че-
ловека. Бурное обсуждение проблемы
клонирования началось после того, как
итальянский ученый Северино Антино-
ри и американский врач Панайотис За-
вос объявляли о своей попытке впервые
в мировой практике осуществить клони-
рование человека. При этом отмечалось,
что ученые уже работают с 200 супру-
жескими парами, в том числе из США,
Великобритании и Италии, которые дали
согласие добровольно участвовать в уни-
кальном эксперименте. В случае успеха
ученые рассчитывают на одновременное
появление 200 младенцев-клонов.
Узнав о намерении Северино Антинори,
ливийский лидер Муаммар Каддафи
предложил итальянскому врачу и его ко-
манде приехать в Ливию и там начать
опыты по клонированию человека. При
этом Антинори был предложен целый
флигель в одной из лучших клиник Три-
поли, где он смог бы беспрепятственно
ставить свои опыты над человеческими
эмбрионами. Если Антинори и его асси-
стентам действительно удастся клониро-
вать человека, то в награду за выдающи-
еся достижения в области медицины Кад-
дафи обещал выплатить им 1 млн. дол-
ларов.
Интерфакс
27 июля 2001 г.
FOR UNIT 4
Евросоюз:
Клонирование: запрет или общин закон?
Европейская Комиссия ЕС выступила с
призывом к глобальному запрещению
клонирования человека. Исполнитель-
ный орган Европейского Союза считает,
что о необходимости принятия такой ме-
ры свидетельствуют “очевидные этичес-
кие соображения”. Кроме того, как счи-
тают в Брюсселе, подобная практика яв-
ляется безответственной с точки зрения
науки.
По словам члена Европейской Комиссии
Филиппа Бюскена, отвечающего в ЕС за
политику в области научных исследова-
ний, “опыты на животных показывают,
что все еще остается немало неточных
результатов и рисков, связанных с кло-
нированием”.
Европейская Комиссия готовит исчерпы-
вающий доклад о проблеме клонирова-
ния человека. Ожидается, что он послу-
жит основой принятия новых законода-
тельных мер в этой области уже к концу
текущего года.
Клонирование запрещено Европейской
Хартией основных прав человека. Ны-
нешнее заявление исполнительного орга-
на ЕС стало реакцией на сообщения о
первом в мире ребенке, якобы появив-
шемся на свет в результате клонирова-
ния человека, осуществленном сектой
раэлитов.
Евросоюз выступает за выработку меж-
дународной конвенции по запрещению
репродуктивного клонирования людей.
Clones are Coming
483
“Опыты с животными демонстрируют
риски, связанные с клонированием жи-
вых организмов”, — сказал представи-
тель ЕС. В программе научных иссле-
дований ЕС до 2006 года исключено вы-
деление каких-либо средств на работы,
связанные с репродуктивным клониро-
ванием, изменением генетической на-
следственности и созданием человечес-
ких эмбрионов. Филипп Бюскен напоми-
нает, что репродуктивное клонирование
людей уже запрещено протоколом Кон-
венции Совета Европы по правам чело-
века и биомедицине. В этой связи он при-
ветствует решимость других стран вклю-
читься в разработку глобального запре-
та на репродуктивное клонирование.
Для арабских клонов напишут общий
закон
Между тем, страны Персидского Залива
согласовывают свое законодательство по
вопросам клонирования в различных об-
ластях. Решение о необходимости согла-
сования было принято на состоявшейся
в Абу-Да-би (ОАЭ) конференции мини-
стров здравоохранения стран-членов Со-
вета сотрудничества арабских государств
Персидского залива. Министры Саудов-
ской Аравии, ОАЭ, Омана, Кувейта, Ка-
тара и Бахрейна также решили создать
объединенную комиссию по биологиче-
ской этике, которая будет рассматривать
проблемы, связанные с генной инжене-
рией и исследованиями в этой сфере.
ww. о bozrevatel. сот
9 января 2003 г.
FOR UNIT 2—4
Миллиардер защищает клонирование!
Американский миллиардер Джим Кларк,
известный в компьютерных кругах пред-
приниматель, приостановил перечисле-
ние пожертвования в 60 миллионов дол-
ларов одному из университетов штата
Калифорния в знак протеста против по-
литических ограничений на исследова-
ния в области клонирования. Кларк, ос-
нователь таких компаний как Netscape и
WebMD, заявил, что запреты на научные
работы в этой области грозят ввергнуть
США в “первобытную эпоху медицинс-
ких исследований”.
Запреты на работы с клонированием ока-
зались в центре внимания общественно-
сти после решения Палаты Представите-
лей американского Конгресса и последо-
вавшего заявления президента Буша об
ограничении финансирования в этой об-
ласти.
Дебаты о целесообразности этих реше-
ний идут до сих пор. Противники абор-
тов, к примеру, хотят добиться полной
остановки работ такого рода, так как при
получении стволовых клеток разрушает-
ся человеческий эмбрион.
Но Кларк, известный своей способнос-
тью распознавать новые тенденции в тех-
нологии и науке, занимает прямо проти-
воположную позицию. По его мнению,
исследования, связанные с клонировани-
ем жизненно необходимы для развития
медицины. Он обвиняет американских
политиков в невежестве и страхе перед
неведомым. Многие ученые обеспокое-
484
The Best of Just English
ны влиянием, которое могут оказать в наложенные американскими властями на
долгосрочной перспективе ограничения, исследования по клонированию клеток.
Дэвид Уиллис, БиБиСи, Лос-Анджелес
1 сентября 2001 г.
Клонированию— Kaput?!
Ученые пришли к неожиданным выво-
дам — в результате клонирования жи-
вотных почти всегда получается суще-
ство с теми или иными отклонениями.
Процесс клонирования подвергает опас-
ности целостность генетической струк-
туры животного. Это ведет к тому, что
клонам, так или иначе, угрожают пнев-
мония, проблемы с печенью, быстрое ста-
рение и преждевременная смерть, т.е уче-
ные не могут заменить Бога и вдохнуть
во Франкенштейна жизнь. Полученные
результаты могут стать последней про-
боиной на тонущем “Титанике” клони-
рования человека.
Исследования доказывают, что если кло-
нированное животное появилось на свет
нормальным, в будущем проблемы со
здоровьем будут расти как снежный ком.
Таким образом, клонирование с целью
создания человека очень опасно, а поэто-
му и неэтично.
Даже эксперимент с овечкой Долли увен-
чался успехом только после нескольких
сотен неудачных проб, да и то она тяже-
ло болела на протяжении своей недолгой
жизни. Болезнь Долли широко обсужда-
лась в прессе. Специалисты вынесли не-
утешительный вердикт: это преждевре-
менная старость, и лечение бессмыс-
ленно.
На сегодняшний день только примерно
два процента клонированных животных
достигают зрелого возраста. Остальные
погибают на эмбриональных стадиях. Те,
что выживают, обладают неустойчивым
иммунитетом, подвержены простудным
заболеваниям и стареют в 2—3 раза быс-
трее “оригиналов”. А сколько клониро-
ванных мышей, крыс, коз, телят, поро-
сят и приматов погибло в ходе экспери-
мента — узнать не представляется воз-
можным.
Русская служба БиБиСи
10 сентября 2002 г.
FOR UNIT 4
Запрет клонирования человека
в европейском праве
Постановка проблемы
С юридической точки зрения, клониро-
вание человека вступает в противоречие
(печатается с сокращениями)
с рядом важнейших прав личности, с пра-
вом на человеческое достоинство и про-
истекающим из него правом на целост-
ность личности. Не нужно забывать о тех
Clones are Coming
485
правовых проблемах, к которым приве-
дет появление клона человека. Первой же
проблемой станет вопрос о том, будет ли
клон человека субъектом права, и если
да, то будет ли его правосубъектность
совпадать с правосубъектностью ориги-
нала. Колоссальной юридической голо-
воломкой станет урегулирование отно-
шений между оригинальной личностью
и его клоном хотя бы в том, что касается
идентификации личности (кто есть кто),
правопреемства, семейных отношений и
т. п.
В зависимости от целей производства
клона различают клонирование, направ-
ленное на воспроизводство человеческо-
го существа как способа размножения
(репродуктивное клонирование) и клони-
рование для медицинских целей (тера-
певтическое клонирование), например, в
целях регенерации органов того же чело-
века или производства медицинских пре-
паратов. Главным направлением в сфере
терапевтического клонирования являют-
ся исследования в области выращивания
так называемых стволовых клеток, кото-
рые представляют собой своего рода
строительный материал организма; они
появляются на 4—5 день его развития.
По мнению многих, исследования в об-
ласти стволовых клеток и являются тем
самым экстраординарным случаем, ког-
да клонирование человека может быть
разрешено, т.к. они могут помочь сохра-
нить жизнь сотням и тысячам естествен-
но-рожденных. Однако, как правило, за-
конодатель игнорирует это мнение и ча-
ще всего использует только один регу-
лятор для упорядочения этих отноше-
ний — запрет.
Запрет клонирования человека получает
всё большее распространение в различ-
ных странах мира и на международном
уровне. Сегодня этой проблемой обес-
покоены почему-то только развитые стра-
ны, хотя проблема клонирования — про-
блема не только развитого мира. Однако
правовое регулирование этой сферы в
развивающихся странах отсутствует.
Конечно же, оптимально было бы ввести
запрет клонирования на основе универ-
сального международного договора, и с
предложением об этом в Объединённые
Нации уже обратились правительства
Германии и Франции, но пока никакого
универсального акта в этой сфере не су-
ществует.
Запрет на клонирование наиболее рас-
пространён в Европе. Он обеспечивает-
ся на региональном уровне в меж-дуна-
родном праве, в праве Европейского Со-
юза и на уровне национального законо-
дательства отдельных государств.
Запрет клонирования человека на
международном уровне
В Европе существует единственный на
сегодняшний день международный акт,
устанавливающий запрет клонирования
человека — Дополнительный протокол
о запрете клонирования человека 1998 г.
к Конвенции Совета Европы о правах че-
ловека в биомедицине 1996 г. Статья 1
Дополнительного протокола гласит:
“Любое вмешательство с целью создание
человека, генетически идентичного дру-
гому человеку, будь то живому или мёр-
твому, запрещается”.
При всей позитивной направленности по-
ложений Дополнительный протокол име-
ет несколько уязвимых моментов. Во-
первых, Дополнительный протокол не
проводит различия между репродуктив-
ным клонированием и терапевтическим
клонированием. Во-вторых, Дополни-
тельный протокол не подписан всеми ев-
ропейскими государствами, в том числе,
486
The Best of Just English
не подписан и Россией (только 19 стран
участвуют в нем).
Запрет клонирования человека на над-
национальном уровне
Несколько по-другому запрет клониро-
вания сегодня определён в праве Евро-
пейского Союза. Он установлен в Хар-
тии Европейского Союза об основных
правах, подписанной в Ницце в 2000 г.,
которая является самым современным
актом о правах человека. Статья 3 Хар-
тии провозглашает право на целостность
личности. В качестве гарантии, осуще-
ствления этого права устанавливается за-
прет репродуктивного клонирования. В
отличие от Дополнительного протоко-
ла 1998 г. к Конвенции Совета Евро-
пы 1996 г., Хартия об основных правах
2000 г. делает различия между репродук-
тивным и терапевтическим клонировани-
ем. И последний тип клонирования Хар-
тией не запрещается.
Проблема клонирования человека уже
достаточно давно беспокоит европейские
структуры. Европейский парламент при-
нял первую резолюцию о клонировании
человеческих эмбрионов ещё в 1993 г.
Именно Европейский парламент первым
отреагировал на появление практической
возможности клонирования человека в
1997 г. своей Резолюцией о клонирова-
нии от 12 марта 1997 г. в которой при-
звал провести законодательный запрет
клонирования в национальном праве го-
сударств-членов Европейского Союза и
на международном уровне.
По сути дела Европейский парламент все-
гда выступал за запрещение не только
репродуктивного, но и терапевтическо-
го клонирования человека. Эта позиция
чётко была определена в обращении Ев-
ропейского парламента к Палате Общин
Великобритании от 7 сентября 2000 г., в
котором разрешение терапевтического
клонирования называется “непоправи-
мым переходом границ исследовательс-
ких норм”. Очевидно, прослеживается
некоторая неопределенность Европейс-
кого Союза в отношении терапевтичес-
кого клонирования человеческих клеток.
Оно не запрещается в Хартии об основ-
ных правах, но и разрешение его не одоб-
ряется официальными структурами Ев-
ропейского Союза.
Запрет клонирования человека на на-
циональном уровне
Национальные законы государств-членов
Европейского Союза, как правило, не раз-
личают репродуктивное и терапевтичес-
кое клонирование человека и запрещают
любой из типов.
Наиболее яростным противником кло-
нирования человека в Европе и в мире
является Германия. Немцам, как ника-
кому другому народу, известна практи-
ка неэтических экспериментов над людь-
ми, проводимая при нацистском режи-
ме, и её ужасающие последствия. Феде-
ральный закон ФРГ о защите эмбрионов
1990 г. называет преступлением созда-
ние эмбриона генетически идентичного
другому эмбриону, происходящему от
живого или мертвого лица.
Закон Испании о процедурах, способст-
вующих репродукции 1988 г. также ус-
танавливает уголовную ответственность
за клонирование человеческого эмбрио-
на. В Дании исследования в области кло-
нирования запрещены Актом о системе
научных комитетов по этике и управле-
нию биомедицинскими исследовательс-
кими проектами 1992 г. Аналогичное за-
конодательство имеет Италия, Нидер-
ланды, Швеция, Франция и Бельгия.
Наиболее сложная ситуация с запретом
клонирования человека сложилась в Be-
Clones are Coming
487
ликобритании. Там эту сферу регулиру-
ет Акт о зачатии человека и эмбриоло-
гии 1990 г., который до недавнего време-
ни не охватывал методики клонирования
человека и, соответственно, не проводил
дифференциации между репродуктив-
ным и терапевтическим клонированием.
Великобритания является своего рода
“родиной” клонирования, именно там, в
Рослинском институте Эдинбургского
университета (Шотландия) было прове-
дено в 1997 г. первое клонирование круп-
ного млекопитающего — знаменитой
овечки Долли. Великобритания облада-
ет самыми передовыми достижениями в
области генной инженерии и идея разре-
шения клонирования человеческого орга-
низма в британских научных кругах дос-
таточно популярна.
Осенью 2000 года британское правитель-
ство внесло в Палату Общин законопро-
ект об изменении Акта о человеческом
зачатии и эмбриологии 1990 г. Суть из-
менений сводилась к разрешению опы-
тов с человеческими эмбрионами, полу-
ченными способом клонирования в те-
рапевтических целях на основе лицензии,
выдаваемой специально уполномочен-
ным органом министерства здравоохра-
нения. Разрешение касалось возможнос-
ти проведения опытов с клонами эмбри-
онов возрастом до четырнадцати дней с
целью исследований в области стволо-
вых клеток.
Инициативе Кабинета министров пред-
шествовал подготовленный специально
для правительства доклад профессора Л.
Дональдсона “Исследование стволовых
клеток: медицинский прогресс и ответ-
ственность”. В этом докладе в частности
отмечалось, что подобные исследования
могут оказать колоссальную помощь ме-
дицине в лечении многих неизлечимых
заболеваний (болезнь Айнцгеймера, бо-
лезнь Паркинсона) и регенерации орга-
нов или тканей, повреждение которых
сегодня ведет к инвалидности или не со-
вместимы с жизнью.
Парламент Соединенного Королевства
счёл эти доводы достаточными для эти-
ческого оправдания разрешения клони-
рования человеческого организма в те-
рапевтических целях и утвердил в конце
января 2001 г. соответствующие поправ-
ки к Акту о человеческом зачатии и эм-
бриологии 1990 г.
Далее ситуация стала развиваться совер-
шенно неожиданно. Общественная орга-
низация “Альянс за жизнь” в судебном
порядке оспорила решение Парламента.
Судья Высокого Суда Крейн, рассматри-
вавший дело, в своем решении указал, что
в связи с существующими определения-
ми клонирование в Великобритании ни-
какими актами не запрещается.
Правительство Соединенного Королев-
ства отреагировало на это решение неза-
медлительно. Во-первых, в Палату Об-
щин был направлен проект Билля о реп-
родуктивном клонировании человека. Во-
вторых, в Палату Лордов была подана
апелляция на вышеприведенное решение
Высокого Суда.
Билль о репродуктивном клонировании
человека был принят Палатой Общин в
конце 2001 г. и в настоящий момент на-
ходится на рассмотрении в Палате Лор-
дов Парламента Великобритании. Билль
предусматривает запрет репродуктивно-
го клонирования человека, объявляет это
деяние преступлением и вводит наказа-
ние за него в виде тюремного заключе-
ния сроком до 10 лет. Билль полностью
соответствует духу и букве Хартии Ев-
ропейского Союза об основных правах в
этом вопросе, несмотря на то, что Be-
488
The Best of Just English
ликобритания является противником
придания Хартии обязательной силы.
В марте 2002 г. Палата Лордов удовлет-
ворила апелляцию правительства и от-
менила решение Высокого Суда, которое
выводит клонирование за рамки действия
Акта о человеческом зачатии и эмбрио-
логии 1990 г.
Ситуация с запретом репродуктивного
клонирования в Великобритании указы-
вает на необходимость установления пря-
мых законодательных запретов клони-
рования человека, а не регулирования
этой сферы на основе актов, посвящен-
ных биомедицине вообще. Даже если та-
кой запрет косвенно предусмотрен Кон-
ституцией страны, как это имеет место в
Конституции Швейцарии 1999 г., всё же
во избежание возможных коллизий, свя-
занных с дальнейшим развитием биоме-
дицины, по нашему мнению, необходи-
мо устанавливать прямой запрет репро-
дуктивного клонирования на основе спе-
циального акта, посвящённого именно
этому.
В данной связи представляется важным
и вполне обоснованным введение запре-
та клонирования человека в России на
основе специального Федерального зако-
на РФ “О временном запрете на клони-
рование человека”, принятого Государ-
ственной Думой 19 апреля 2002 г. Ста-
тья 2 Федерального закона определяет
клонирование человека как “создание че-
ловека, генетически идентичного друго-
му живому или умершему человеку, пу-
тем переноса в лишенную ядра женскую
половую клетку клетки ядра соматичес-
кой клетки человека”. Однако слабость
этого законодательного акта состоит в
том, что он вводит именно временный
запрет клонирования человека и факти-
чески не запрещает, а замораживает ис-
следования в этой области, прибегает к
мораторию на клонирование человека на
ближайшие пять лет.
П.А. Калиниченко
2003 г.
Декларация в защиту клонирования
и неприкосновенности научных исследований
Мы, нижеподписавшиеся, приветствуем
сообщение о крупных успехах в клони-
ровании высших животных. На протя-
жении нынешнего столетия научные ис-
следования существенно расширили воз-
можности человека. Их достижения, в ос-
новном, способствовали колоссальному
возрастанию человеческого благополу-
чия. Когда же новые технологии порож-
дали вполне правомерные этические воп-
росы, человеческое сообщество в целом
демонстрировало готовность встречать
эти вопросы открыто и искать такие от-
веты, которые направлены на общее
благо.
Клонирование действительно ставит эти-
ческие проблемы. Поэтому необходимо
разработать соответствующие директи-
вы, которые позволят предотвратить зло-
употребления, в то же время сделав мак-
симально доступными выгоды клониро-
вания. Эти директивы должны как
можно больше учитывать автономию и
выбор каждого отдельного человека. Не-
обходимо также предпринять все меры,
Clones are Coming
489
чтобы сохранить свободу и неприкосно-
венность научных исследований. Никто
еще не продемонстрировал умение кло-
нировать человека. Однако сама возмож-
ность того, что современные достижения
могут открыть путь к клонированию, выз-
вала град протестов. Мы с беспокойством
отмечаем широко распространяющиеся
призывы не финансировать или прервать
исследования по клонированию, которые
исходят от таких известных политичес-
ких и религиозных деятелей, как прези-
дент США Джордж Буш, президент
Франции Жак Ширак, бывший премьер-
министр Великобритании Джон Мейд-
жор и представитель Ватикана.
Мы верим, что разум — самое мощное
средство для решения проблем, с кото-
рыми сталкивается человечество. Но в
потоке нападок на клонирование разум-
ные аргументы—крайняя редкость. Кри-
тики увлечены поиском параллелей с ми-
фом об Икаре и Франкенштейном Мери
Шелли, предсказанием ужасных послед-
ствий в случае, если исследователи отва-
жатся посягнуть на вопросы, ответы на
которые “человеку знать не положено”.
За наиболее грубой критикой, видимо,
кроется допущение, будто клонирование
человека поднимет более глубокие мо-
ральные проблемы, чем те, которые воз-
никали в связи с любым предшествую-
щим научным или техническим достиже-
нием.
Какие же моральные проблемы может
породить клонирование человека? Неко-
торые религии учат, что человеческие
существа фундаментально отличны от
других млекопитающих и что Бог наде-
лил людей бессмертными душами, при-
дав им ценность, не сравнимую с ценно-
стью других живых существ. Утвержда-
ется, что природа человека уникальна и
священна. Научные достижения, которые
могут изменить эту “природу”, встреча-
ют гневный протест.
Как бы ни были глубоки догматические
корни таких идей, мы спрашиваем, дол-
жны ли они учитываться при решении
вопроса о том, будет ли позволено лю-
дям пользоваться благами новой биотех-
нологии. Насколько может судить науч-
ная мысль, вид homo sapiens принадле-
жит к царству животных. Способности
человека, как представляется, только по
степени, а не качественно отличаются от
способностей высших животных. Богат-
ство мыслей, чувств, упований и надежд
человечества возникает, по всей видимо-
сти, из электрохимических процессов в
мозге, а не из нематериальной души, на-
личие которой не может обнаружить ни
один прибор. Поэтому нынешние деба-
ты по поводу клонирования заставляют
прежде всего задаться таким вопросом;
действительно ли защитники сверхпри-
родных или религиозных аргументов
имеют достаточно серьезную квалифи-
кацию для участия в этих дебатах? Ко-
нечно, каждый имеет право быть услы-
шанным. Но мы считаем, что существу-
ет вполне реальная опасность приоста-
новки исследований, несущих огромные
потенциальные блага исключительно из-
за их конфликта с религиозными верова-
ниями некоторых людей. Важно понять,
что подобные религиозные возражения
уже возникали по поводу вскрытия лю-
дей, анестезии, искусственного оплодот-
ворения и всей генетической революции
наших дней — и, тем не менее, каждое
из этих достижений принесло огромные
блага. Тот взгляд на природу человека,
который коренится в мифическом про-
шлом человечества, не должен быть на-
шим главным критерием при принятии
моральных решений о клонировании.
Мы не видим в клонировании высших
животных, исключая человека, каких-ли-
490
The Best of Just English
бо неразрешимых этических дилемм. He
считаем мы очевидным и то, что буду-
щие достижения в клонировании чело-
веческих тканей и даже человеческих су-
ществ создадут моральные затруднения,
которые не сможет разрешить человечес-
кий разум. Моральные проблемы, порож-
даемые клонированием, не крупнее и не
глубже тех, с которыми люди уже стал-
кивались в связи с развитием таких тех-
нологий, как ядерная энергия, рекомби-
нантная ДНК или компьютерное моде-
лирование. Они просто новые.
Исторически выбор луддитов, стремив-
шихся повернуть часы истории вспять и
ограничить или запретить применение
уже существующих технологий, никог-
да не был ни реалистическим, ни про-
дуктивным. Потенциальные выгоды кло-
нирования, возможно, столь велики, что
было бы трагедией, если бы древние тео-
логические сомнения заставили нас как
луддитов его отвергнуть. Мы призываем
к последовательному, ответственному
развитию технологий клонирования и к
самой широкой поддержке гарантий, что
традиционалистские и обскурантистские
воззрения не станут ненужным препят-
ствием на пути полезных научных изыс-
каний.
Лауреаты Международной академии гуманизма:
Курт Воннегут, писатель, США,
Сергей Капица, заведующий кафедрой, Московский физико-технический инсти-
тут, Россия,
Питер Адмираал, доктор медицины, Нидерланды,
Рубен Ардилла, психолог, Колумбийский национальный университет, Колумбия,
сэр Исайя Берлин, почетный профессор философии, Оксфордский университет,
Великобритания,
сэр Херман Бонди, член Королевского общества, бывший глава колледжа Черчил-
ля, Кембриджский университет, Великобритания,
Берн Буллоу, профессор сестринского дела, университет штата Калифорния в Нор-
тридже, США,
Марио Бунге, профессор философии науки, университет МакГилл, Канада,
Бернард Крик, почетный профессор политики, колледж Бирбек, Лондонский уни-
верситет, Великобритания,
Френсис Крик, лауреат Нобелевской премии по физиологии, институт Солк, США,
Ричард Докинз, профессор по восприятию науки обществом, Оксфордский универ-
ситет, Великобритания,
Хосе Дельгадо, директор Центра нейробиологических исследований, Испания,
Пол Эдвардс, профессор философии, Новая школа социальных исследований,США,
Энтони Флю, почетный профессор философии, университет Рицинг, Великобрита-
ния,
Йохан Галтунг, профессор социологии, университет Осло, Норвегия,
Адольф Грюнбаум, профессор философии, Питтсбургский университет, США,
Херберт Хауптман, лауреат Нобелевской премии, профессор биофизических наук,
университет штата Нью-Йорк в Баффало, США,
Альберте Идальго Тюньон, президент Философского общества Астурии,Испания,
Clones are Coming
491
Пол Куртц, почетный профессор философии, университет штата Нью-Йорк в Баф-
фало, США,
Джералд А. Лару, почетный профессор археологии и библейских исследований,
Южнокалифорнийский университет в Лос-Анджелесе, США,
Телма 3. Лэйвайн, профессор философии, университет Джорджа Мейсона, США,
Хосе Лейте Лопес, директор, Бразильский центр физических исследований, Брази-
лия,
Таслима Насрин, писатель, врач, социальный критик, Бангладеш,
Индумати Парикх, реформатор и активист, Индия,
Жан-Клод Пекер, почетный профессор астрофизики, Коллеж де Франс, Академия
наук, Франция,
У.В. Куайн, почетный профессор философии, Гарвардский университет, США,
Дж.Дж.С. Смарт, профессор философии, университет Аделаиды, Австралия,
В.М. Таркунде, реформатор и активист, Индия,
Ричард Тейлор, почетный профессор философии, университет Рочестер, США,
Симона Вейль, бывший президент Европейского парламента, Франция,
Эдвард О. Уилсон, почетный профессор социобиологии, Гарвардский университет,
США
Журнал '‘Человек”, No. 3, 1998г.
LIST OF REFERENCE
1.	Black's Law Dictionary, Sixth Edition
2.	Cecil H., Learn about English Law. Sphere books limited, 1965
3.	Curzon L.B., Basic Law. The M&E Handbook Series, 1994
4.	Justice and the Law. Foreign & Commonwealth Office. London. 1999
5.	Language and the Law. Ed. John Gibbons. Longman Group Ltd, 1994
6.	McDowall, D.,An Illustrated History of England. Longman, 1989
7.	Moore J., Dahl N., Famous Lives. Crime and Justice. The Hamlyn Publishing
Group Ltd. 1990
8.	The Oxford-Duden Pictorial Dictionary. Oxford Univ. Press, Bibliogr. Institut,
Mannheim, Russky yazyk Publ., Moscow, 1987
9.	Riley, A., English for Law. Macmillan Publishers Limited, 1991
10.	Russell, F., Locke, Ch., English Law and Language. Cassell Publishers Ltd,
1992
11.	The World’s Stupidest Criminals. Ed. Jackie Kramer, Jake Morrisey. Andrew’s
McMeel Publishing. 1997
12.	Encyclopedia Britannica On Line 2003
13.	Microsoft Bookshelf Reference Library. 2002
14.	Microsoft Encarta Encyclopedia On Line 2003
15.	Multilex. English-Russian Electronic Dictionary. MediaLingua JSC. 1997
16.	Campbell K.H.S. et al. Sheep cloned by nuclear transfer from a cultured cell
line H'tofaxe. 1996. V. 380. P. 64-66.
17.	McKinnell R.G. Cloning : A biologist reports, 1979
18.	Wilmut I. et al. Viable offspring derived from fetal and adult mammalian cell
linell^Axan. 1997. V. 385. P. 810-813.
19.	Vere, Steven. The Case for Cloning Humans, 2001
ACKNOWLEDGEMENTS
Thanks to the following people whose generous time and experience made
this book possible:
Alan Wilner, State Court Judge, the USA
Anthony Johns, Financial analyst, Great Britain
Jess McAree, Journalist, Great Britain
Timothy Efremov-Garth, Educationalist, the USA
Charles Hall, Professor of English, the USA
Vladimir Tomsinov, Professor of Law, Russia
Svetlana Ter-Minasova, Professor of English, Russia
Natalia Prigarina, Professor of Oriental Studies, Russia
Evgenija Marjanova, Historian, Russia
Maya Gumanova, Senior Editor, Russia
and Moscow State University administration for support and encouragement.
* * *
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