ENGLISH

SECOND LECTURE

By:
PROF. DR. TAJULARIFIN, MA
(Professor at The Faculty of Shari’ah and Law, UIN Sunan
Gunung Djati Bandung, E-mail: tajularifin64@uinsgd.ac.id/
tajularifinn64@gmail.com; WA: 08179220810)

1
 UNIT ONE
1. Read and Translate the Text into Indonesian
WHAT IS LAW?
It is easy to assume that the “law” can be found in one book; that somewhere there is
a book, which will give you the answer to every legal question you might pose. If this
were true there would be little need for lawyers. Clearly it is not true. So a
fundamental legal skill must be the ability to find the law.
To anyone other than philosopher, the question “what is law?” may seem rather
strange. In fact, if you are new to studying law it is an extremely important one. The
ability to find the law presupposes that we know how to identify it: this leads us back
to that fundamental question: “what is law?” This reading answers that question by
looking at the “institutional” source of law. This is the easiest way of beginning to
define “law”, and the most practical, though it does not pretend to tackle the
philosophical problems attached to the question of defining law in the abstract. We
shall present our definition in two stages. first, we shall briefly distinguish law from
other (what we call “social”) rules; then we shall explain what we mean by an
“institutional” source, and how that helps us identify laws.

2
Legal rules and social rules. Law, in the sense that we are using it, is
definable as a system of rules. It guides and directs our activities in much of
day to day life: the purchases we make in a shop; our conduct at work and
our relationship with the state are all built upon the foundation of legal
rules. Of course, any society is governed by a mass of other rules, which are
not laws in the formal sense, but merely social conventions --perceptions of
“proper” behavior. In reality, these are also means of controlling social
conduct, but the different mechanisms employed to enforce these rules
reflect different social values regarding the behavior in question. Thus,
while most of us would accept that anyone stealing the possessions of
another should be liable to a penalty under the criminal law, we might be
rightly surprised to see someone in court for eating peas off their knife!
Regulating the latter is not really so important to our society as to require
the force of law.

3
Why some rules should be given the force of law and others not is another
of those philosophical questions to which we do not have a full answer. Law
certainly is not the same everywhere; it will reflect different values in
different cultures and different epochs. Take laws governing adultery for
example; in modern English law, a person who has sexual relationship with
another’s spouse will incur no legal penalty (though he or she may end up
being cited in a divorce case if the other found out). In Islamic law, the
Qur’an prohibits adultery by making it a crime, and subjects the parties to
the hudud punishment of flogging or stoning (though the evidential
requirements are so stringent that, unless the adultery is confessed, it is
unusual for the full punishment to be handed out); in Ancient Greece, to
give an historical example, a man who seduced another man’s wife could
face a claim for compensation, since he had violated the “property” rights of
his lover’s husband. In a more deterrent mode, the seducer risked other
physical penalties --the most widely used of which involved pushing
radishes up his backside, or pulling out his pubic hair.

4
Thus, the different laws on adultery could be said to exist as a
reflection of different religious or moral standpoints taken by
the law; perhaps they also reflect diverse views of human
sexuality, or the different status of men and women in a
society. This cultural dimension of law can be quite important
in developing our understanding of why particular legal rules
have developed, or why different legal traditions have evolved
in different countries. (Source: James A. Holland and Julian S.
Webb (1991), Learning Legal Rules: A Student’s Guide to
Legal Method and Reasoning, Blackstone Press Limited,
London, pp. 1-2).

5
 New Word Meaning Meaning
Adultery Zina, perzinaan (kb)
Compensation Ganti (kerugian); penggantian, bayaran (kb)
Conventions Perjanjian, konvensi, rapat, adat, kaidah (kb)
Distinguish Membedakan, membeda-bedakan (kkt)
Diverse Bermacam-macam (ks)
Enforce Menjalankan, menyelenggarakan (kkt)
Epochs Jaman, masa, jangka waktu (kb)
Flogging Dera, pukulan (kb)
Lawyers Pengacara, advokat (kb)
Legal Sah, menurut undang-undang (ks)
Penalty Hukuman (kb)
Presupposes Mensyaratkan, memisalkan (kkt)
Pretend Menganggap diri, berpura-pura, berlaku (kkt)
Purchases Pembelian, belanjaan, belian (kb)
Radishes Rades, lobak (kb)
Sense Pengertian, guna, perasaan, rasa, pendirian, indera, arti (kb)
Somewhere Pada suatu tempat, entah di mana (kb)
Stealing Pencurian (kb)
Strange Aneh, ganjil, asing (ks)

6
3. Reading Comprehension: Answer the following questions based on
the reading and translate your answer into Indonesian
 
1. What is the author’s main purpose in the passage?
___________________________________________________
__________________________________________________

2. According to the reading, how should you answer the ques-

tion “what is law?”
___________________________________________________
___________________________________________________
 
3. Explain the difference between legal rules and social rules! Give an
example from your daily life!
___________________________________________________
___________________________________________________

7
 
4. Based on the reading, a certain case such as adultery, will have
different laws. Why?
___________________________________________________
___________________________________________________

5. Write in your own word a summary of the reading!

___________________________________________________
___________________________________________________

6. Translate the passage into good Indonesian in a separate paper!

8
4. Grammar: Noun
A noun is a word used to name a person, animal, place, thing, and abstract idea.
Nouns are usually the first words which small children learn. The highlighted
words in the following sentences are all nouns:
Late last year our neighbors bought a goat.
Portia White was an opera singer.
The bus inspector looked at all the passengers' passes.
According to Plutarch, the library at Alexandria was destroyed in 48 B.C.
Philosophy is of little comfort to the starving.
A noun can function in a sentence as a subject, a direct object, an
indirect object, a subject complement, an object complement, an
appositive, an adjective or an adverb.
 

9
Noun Gender
Many common nouns, like "engineer" or "teacher," can refer to men or women.
Once, many English nouns would change form depending on their gender -- for
example, a man was called an "author" while a woman was called an "authoress" --
but this use of gender-specific nouns is very rare today. Those that are still used
occasionally tend to refer to occupational categories, as in the following sentences.
David Garrick was a very prominent eighteenth-century actor.
Sarah Siddons was at the height of her career as an actress in the 1780s.
The manager was trying to write a want ad, but he couldn't decide whether he was
advertising for a "waiter" or a "waitress"

10
Noun Plurals
Most nouns change their form to indicate number by adding "-s" or "-es", as
illustrated in the following pairs of sentences:
When Matthew was small he rarely told the truth if he thought he was going to be
punished.
Many people do not believe that truths are self-evident.
As they walked through the silent house. they were startled by an unexpected echo.
I like to shout into the quarry and listen to the echoes that returned.
He tripped over a box left carelessly in the hallway.
Since we are moving, we will need many boxes.
There are other nouns, which form the plural by changing the last letter before
adding "s". Some words ending in "f" form the plural by deleting "f" and adding
"ves," and words ending in "y" form the plural by deleting the "y" and adding "ies,"
as in the following pairs of sentences:

11
The harbor at Marble Mountain has one wharf.
There are several wharves in Halifax Harbor.
Warsaw is their favorite city because it reminds them of their courtship.
The vacation my grandparents won includes trips to twelve European cities.
The children circled around the headmaster and shouted, "Are you a mouse or a
man?"
The audience was shocked when all five men admitted that they were afraid of
mice.
Other nouns form the plural irregularly. If English is your first language, you
probably know most of these already: when in doubt, consult a good dictionary.

12
Possessive Nouns
In the possessive case, a noun or pronoun changes its form to show that it owns
or is closely related to something else. Usually, nouns become possessive by adding
a combination of an apostrophe and the letter "s."
You can form the possessive case of a singular noun that does not end in "s" by
adding an apostrophe and "s," as in the following sentences:
The red suitcase is Cassandra's.
The only luggage that was lost was the prime minister's.
The exhausted recruits were woken before dawn by the drill sergeant's screams.
The miner's face was covered in coal dust.

13
You can form the possessive case of a singular noun that ends in "s" by adding an
apostrophe alone or by adding an apostrophe and "s," as in the following examples:
The bus's seats are very uncomfortable.
The bus' seats are very uncomfortable.
The film crew accidentally crushed the platypus's eggs.
The film crew accidentally crushed the platypus' eggs.
Felicia Hemans's poetry was once more popular than Lord Byron's.
Felicia Hemans' poetry was once more popular than Lord Byron's.
You can form the possessive case of a plural noun that does not end in "s" by adding
an apostrophe and a "s," as in the following examples:
The children's mittens were scattered on the floor of the porch.
The sheep's pen was mucked out every day.
Since we have a complex appeal process, a jury's verdict is not always final.
The men's hockey team will be play as soon as the women's team is finished.

14
The hunter followed the moose's trail all morning but lost it in the afternoon.
You can form the possessive case of a plural noun that does end in "s" by adding an
apostrophe:
The concert was interrupted by the dogs' barking, the ducks' quacking, and the
babies' squalling.
The janitors' room is downstairs and to the left.
My uncle spent many hours trying to locate the squirrels' nest.
The archivist quickly finished repairing the diaries' bindings.
Religion is usually the subject of the roommates' many late night debates.

15
Using Possessive Nouns
When you read the following sentences, you will notice that a noun in the possessive
case frequently functions as an adjective modifying another noun:
The miner's face was covered in coal dust.
Here the possessive noun "miner's" is used to modify the noun "face" and together
with the article "the," they make up the noun phrase that is the sentence's
subject.
The concert was interrupted by the dogs' barking, the ducks' quacking, and the
babies' squalling.
In this sentence, each possessive noun modifies a gerund. The possessive noun
"dogs"' modifies "barking", "ducks"' modifies "quacking," and "babies"' modifies
"squalling."
The film crew accidentally crushed the platypus's eggs.
In this example the possessive noun "platypus's" modifies the noun "eggs" and the
noun phrase "the platypus's eggs" is the direct object of the verb "crushed."
My uncle spent many hours trying to locate the squirrels' nest.
In this sentence the possessive noun "squirrels"' is used to modify the noun "nest"
and the noun phrase "the squirrels' nest" is the object of the infinitive phrase "to
locate."
16
 Wassalamu’alaikum w.w.
Thank you for your attention

17