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Law

English I

Text I

Constitutional Principles

The constitution is the frame of the society. It is the document on which the society is

organized. A constitution is a law that establishes permanent institutions. The objectives of

a constitution are to limit the arbitrary action of the government and to guarantee the rights

of the governed.

The constitutions are unitary or federal, written or unwritten, and flexible or rigid.

In a unitary state, the powers of the central government are unrestricted. The government

is one and indivisible. In a federal state, different states are members of a large state. The

states are united because they have some characteristics in common: language, culture,

interests. They also have geographical contiguity. owever, they are different in some

aspects. The provinces or states are represented in the congress in the countries that

have a bicameral system. !ach province has its own government.

The constitution is the supreme law of a state. "rdinary laws are under the constitution.

#ome constitutions are written $The %nited #tates, Argentina& and some constitutions are

unwritten $%', (ew )ealand&. In !ngland the constitution has a number of written statues

and in The %nited #tates the constitution has also unwritten guidelines $custom&. The

flexible constitutions are modified or amended by using the method of creating ordinary

laws. The rigid constitutions are modified by a specific procedure.

*!xercise. Answer these +uestions

* -hat is a constitution

/* -hich are the objectives of a constitution

0* 1lassify the different types of constitutions.

2* -hat is the difference between a federal and a unitary constitution

3* -here are the provinces represented

4* -hat is the difference between a written and an unwritten constitution

5* -hat is the difference between a flexible and a rigid constitution

6* ow can you modify a rigid constitution And a flexible one

Text II

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Criminal Law Principles

#ome people see criminality as a factor internal to the criminal. #ome other people see

criminality as a result of many other factors such as factory wor7, the urbanization process,

the destruction of neighborhood units, material possessions, the raise in the level of

aspirations, etc.

*#ome people thin7 that the basic of punishment is the reciprocation of evil with evil. A

person who does wrong must suffer in proportion to his or her wrongdoing. This theory

seems to be negative and immoral because the assessment of culpability is sometimes

difficult to determine.

/*"ther people thin7 that it is possible to associate fear with the contemplation of the

criminal in prison. #o others may be afraid of suffering the conse+uences of committing

the crime. #tatistics demonstrate that punishments never ma7e better men. The

+uestionable morality of treating the individual as a means towards an end outside of

himself is even more serious.

0*An increased understanding of the social* psychological causes of crime can produce an

emphasis on 8reprogramming9 some members of society. "ffenders offend because

offending is more rewarding thanany other alternative. If they find respectability more

attractive thanlaw brea7ing, they are going to ta7e it.

2*Another point of view argues that penal systems ignore a fundamental maxim of justice.

A penal system must have two effects: the compensation of the victim and society and the

appreciation by the criminal of the extent of suffering caused.

*!xercise

* atch the name of the penal philosophy with the corresponding paragraph.

a& ;eterrence, b&

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*!xercise

* -hat is a crime =rovide a definition

Definitions of Some Crimes

obber!" forcefully and unlawfully ta7ing personal property of any value from another.

The use of force or intimidation is necessary for an act of theft to be considered a robbery.

#urglar!">rea7ing and entering the dwelling of another at night with the intent to commit

a felony.

Larcen!"wrongfully and fraudulently ta7ing and carrying away another person?s personal

property with the intent of depriving the owner permanently of the property. @arceny does

not involve force or fear. In most #tates, stealing computer software may constitute

larceny. #tealing computer time, trade secrets, telephone wires and natural gas may

constitute larceny as well.

Embe$$lement"occurs when a person entrusted with another person?s property or money

fraudulently appropriates it.

*!xercise

* After reading the previous definitions, find the corresponding e+uivalent terms in the

Argentine legal system.

/* ring the definitions and analyze them. If possible, find the e+uivalent

terms in the Argentine legal system.