University center of barika

Institute of Law and Economic Sciences

Department of law
English courses M1
State and institutions,Business,Criminal and Family Law
Courses presented by :
Dr.Souaci Rafik
Text 1

Law is a system of rules created and enforced through social or governmental institutions to
regulate behavior, with its precise definition a matter of longstanding debate, It has been
variously described as a science and the art of justice. State-enforced laws can be made by a
group legislature or by a single legislator, resulting in statutes; by the executive through
decrees and regulations; or established by judges through precedent, usually in common law
jurisdictions. Private individuals may create legally binding contracts, including arbitration
agreements that adopt alternative ways of resolving disputes to standard court litigation. The
creation of laws themselves may be influenced by a constitution, written or tacit, and the
rights encoded therein. The law shapes politics, economics, history and society in various
ways and serves as a mediator of relations between people.

Legal systems vary between countries, with their differences analyzed in comparative law. In
civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In
common law systems, judges make binding case law through precedent, although on occasion
this may be overturned by a higher court or the legislature. Historically, religious law
influenced secular matters, and is still used in some religious communities. Sharia law based
on Islamic principles is the primary law in several countries, such as Iran and Saudi Arabia.

Law's scope can be divided into two domains. Public law concerns government and society,
including constitutional law, administrative law, and criminal law. Private law deals with
legal disputes between individuals and/or organizations in areas such as contracts, property,
and commercial law. This distinction is stronger in civil law countries, particularly those with
a separate system of administrative courts; by contrast, the public-private law divide is less
pronounced in common law jurisdictions.

Questions:

1/ what the text is talking about?

2/ how law has been described according to the text?

3/ can a law be based on religious principles?

4/ translate the last paragraph into Arabic.

1
Text 2 :

An organic law is a law, or system of laws, that form the foundation of a government,
corporation or any other organization's body of rules. A constitution is a particular form of
organic law for a sovereign state.

In France Under Article 46 of the Constitution, organic laws are a short, fixed list of statutes
specified in the Constitution. They have constitutional force and so overrule ordinary statutes.
They must be properly enacted by the Parliament of France and must be approved for
constitutionality by the Constitutional Council of France before they can be promulgated.

Organic laws allow flexibility if needed. An important category of organic laws includes the
budgets of the French state and French social security. Other organic laws give the practical
procedures for various elections. Organic laws reduce the need for amendments to the
constitution.

In Spain and Under the current Spanish Constitution of 1978, an Organic Law has an
intermediate status between that of an ordinary law and of the constitution itself. It must be
passed by an absolute majority of the Congress of Deputies. The Spanish Constitution
specifies that some areas of law must be regulated by this procedure, such as the laws
developing fundamental rights and freedoms recognized in the first section of Chapter Two of
Title I of the Constitution, as well as the laws that approve the Statutes of Autonomy of the
autonomous communities of Spain, among others. Prior to the 1978 constitution, the concept
did not exist in Spain, but it is inspired by the similar concept in the 1958 French
Constitution.

In The United States the organic laws can be found in Volume One of the United States Code
which contains the general and permanent laws of the United States. U.S. Code (2007) defines
the organic laws of the United States of America to include the Declaration of Independence
of July 4, 1776, the Articles of Confederation of November 15, 1777, the Northwest
Ordinance of July 13, 1787, and the Constitution of September 17, 1787.

Questions :

1/whet the text is talking about ?

2/ why organic law is being considered an intermediate law ?

3/ where can organic law be found in US legislation ?

4/ translate the first paragraph into Arabic .

2
Text 3

International law, also known as public international law and law of nations, is the set of
rules, norms, and standards generally accepted in relations between nations, It establishes
normative guidelines and a common conceptual framework for states across a broad range of
domains, including war, diplomacy, trade, and human rights. International law aims to
promote the practice of stable, consistent, and organized international relations.

The sources of international law include international custom , treaties, and general principles
of law recognized by most national legal systems. International law may also be reflected in
international comity, the practices and customs adopted by states to maintain good relations
and mutual recognition, such as saluting the flag of a foreign ship or enforcing a foreign legal
judgment.

International law differs from state-based legal systems in that it is primarily—though not
exclusively—applicable to countries, rather than to individuals, and operates largely through
consent, since there is no universally accepted authority to enforce it upon sovereign states.
Consequently, states may choose to not abide by international law, and even to break a treaty.
However, such violations, particularly of customary international law and peremptory norms
can be met with coercive action, ranging from military intervention to diplomatic and
economic pressure.

The relationship and interaction between a national legal system and international law is
complex and variable. National law may become international law when treaties permit
national jurisdiction to supranational tribunals such as the European Court of Human Rights
or the International Criminal Court. Treaties such as the Geneva Conventions may require
national law to conform to treaty provisions. National laws or constitutions may also provide
for the implementation or integration of international legal obligations into domestic law.

Questions :

1/What are the major sources of international law ?

2/ how international law differs from national one ?

3/explain how international law may have relationship with national law ?

4/ translate the second paragraph into Arabic .

3
Text 4

Jurisprudence, or legal theory, is the theoretical study of law. Scholars of jurisprudence seek
to explain the nature of law in its most general form and provide a deeper understanding of
legal reasoning and analogy, legal systems, legal institutions, and the role of law in society.

Modern jurisprudence began in the 18th century and was focused on the first principles of
natural law, civil law, and the law of nations. General jurisprudence can be divided into
categories both by the type of question scholars seek to answer and by the theories of
jurisprudence, or schools of thought, regarding how those questions are best answered.
Contemporary philosophy of law, which deals with general jurisprudence, addresses problems
internal to law and legal systems and problems of law as a social institution that relates to the
larger political and social context in which it exists.

This article addresses three distinct branches of thought in general jurisprudence. Ancient
natural law is the idea that there are rational objective limits to the power of legislative rulers.
The foundations of law are accessible through reason, and it is from these laws of nature that
human laws gain whatever force they have. Analytic jurisprudence (Clarificatory
jurisprudence) rejects natural law's fusing of what law is and what it ought to be. It espouses
the use of a neutral point of view and descriptive language when referring to aspects of legal
systems. It encompasses such theories of jurisprudence as "legal positivism", which holds that
there is no necessary connection between law and morality and that the force of law comes
from basic social facts; and "legal realism", which argues that the real-world practice of law
determines what law is, the law having the force that it does because of what legislators,
lawyers, and judges do with it. Normative jurisprudence is concerned with "evaluative"
theories of law. It deals with what the goal or purpose of law is, or what moral or political
theories provide a foundation for the law. It not only addresses the question "What is law?",
but also tries to determine what the proper function of law should be, or what sorts of acts
should be subject to legal sanctions, and what sorts of punishment should be permitted.

Questions:

1/what the text is talking about?

2/ how jurisprudence is defined in the text ?

3/what are the types of jurisprudence?

4/ translate the second paragraph into Arabic ?

4
Text 5

In criminology, corporate crime refers to crimes committed either by a corporation (i.e., a

business entity having a separate legal personality from the natural persons that manage its
activities), or by individuals acting on behalf of a corporation or other business entity (see
vicarious liability and corporate liability). For the worst corporate crimes, corporations may
face judicial dissolution, sometimes called the "corporate death penalty", which is a legal
procedure in which a corporation is forced to dissolve or cease to exist.

Some negative behaviours by corporations may not actually be criminal; laws vary between
jurisdictions. For example, some jurisdictions allow insider trading.

Corporate crime overlaps with:

1/white-collar crime, because the majority of individuals who may act as or represent the interests of
the corporation are white-collar professionals;

2/organized crime, because criminals may set up corporations either for the purposes of crime or as
vehicles for laundering the proceeds of crime. The world's gross criminal product has been estimated
at 20 percent of world trade. (de Brie 2000); and

3/state-corporate crime because, in many contexts, the opportunity to commit crime emerges from
the relationship between the corporation and the state.

Questions:

1/ who commits corporate crimes according to the text ?

2/ how corporations are punished for worst corporate crimes ?

3/why corporate crime may overlap with organized crime ?

4/ translate the first paragraph into Arabic .

5
Text 6

International criminal law is a body of public international law designed to prohibit certain
categories of conduct commonly viewed as serious atrocities and to make perpetrators of such
conduct criminally accountable for their perpetration. The core crimes under international law
are genocide, war crimes, crimes against humanity, and the crime of aggression. This article
also discusses crimes against international law, which may not be part of the body of
international criminal law.

"Classical" international law governs the relationships, rights, and responsibilities of states.
Criminal law generally deals with prohibitions addressed to individuals, and penal sanctions
for violation of those prohibition imposed by individual states. International criminal law
comprises elements of both in that although its sources are those of international law, its
consequences are penal sanctions imposed on individuals.

International criminal law is best understood as an attempt by the international community to

address the most grievous atrocities. It has not been an ideal instrument to make the fine and
nuanced distinctions typical of national law, for these shift focus from those large scale
atrocities that "shock the conscience" with which it is concerned. This creates significant
differences of analysis between the legal systems, notably for the concept of legal intent

International criminal law is a subset of international law. As such, its sources are the same as
those that comprise international law. The classical enumeration of those sources is in Article
38(1) of the 1946 Statute of the International Court of Justice and comprise: treaties,
customary international law, general principles of law (and as a subsidiary measure judicial
decisions and the most highly qualified juristic writings). The Rome Statute governing the
International Criminal Court contains an analogous, though not identical, set of sources that
the court may rely on.

Questions :

1/ what is international criminal law ?

2/what are the major crimes to be treated by international crimes ?

3/ what article 38(1) of the status of international Court of Justice is about ?

4/ translate the third paragraph into Arabic .