1. AS Law An Introduction

2. AS Law What is Law? It is difficult to give a short simple answer to this question. There is no generally agreed definition. A simpler way of looking at law is as a set of rules.

3. Cont.. However, many places have rules and there are also rules of morality, So what makes law different from these? Rules become law when they are recognised by the majority of people in a country and given government backing to enforce them in the country as a whole; in other words, ‘recognised and applied by the state’.

4. Cont.. A rule in an organisation is a private matter and is not in force throughout the community. A moral rule is a matter for peoples consciences; it will not be enforced by the government.

5. Why do we have law? There are people who believe that there should be no laws at all. These people are called anarchists. However, it is difficult to imagine how any society would operate without at least some rules. What if there was no law against stealing, assault, or murder??

6. Morality In many areas of law there is an overlap between law and morality. Meaning that the law states that the behaviour involved is not allowed. Most people would view it as ‘wrong’ even if there was no law against it.

7. Cont.. All major crimes come into this category; murder, robbery, rape and burglary are clear examples. However LAW and MORALITY are not the same thing. Some actions maybe regarded as morally wrong by sections of the community even though the law does not forbid them. Do you think this could be said about the following: Abortion Telling lies

8. Cont.. Other acts are legally ‘wrong’ but it is unlikely that most would find them morally wrong. This could be said about the following: Driving at 35m.p.h in a 30m.p.h zone. Making a copy of a DVD which is protected by copyright. Even when morality is not involved there are laws where an element of fairness exists – consumer protection.

9. Cont.. The main problem both with morality and fairness, is that people and societies have different views of what is right and what is fair. This is one of the reasons why laws are different in different countries. It is also one of the reasons why the law is always changing.

10. Legal/Moral/Social Rules. Social rules tend to reflect what the majority of society thinks at any one time. For example at one time it was common to smoke in a restaurant, this was then frowned upon by the majority of society, then becoming illegal. Generally speaking moral and social rules tend to be influenced by what a particular section of society thinks. These then tend to become legal rules.

11. Do any of the below fit under more than one column LegalMoralSocial Murder Theft Drink driving Driving with a mobile phone Dangerous Dogs Fox hunting Homosexuality Abortion Gambling Binge drinking Smoking in a public place

12. Cont.. The law clearly reflects different values in different cultures at different times. An example is the Law on Homosexuality. In the UK a homosexual act was illegal prior to 1967. However in some countries you can still be punished for a homosexual act.

13. Changes in the Law. The law continues to change, this can be as a result of: Government policy. Changing values in society. Pressure groups i.e. foxhunting. Technological progress – Data Protection Act 1984. Law reform bodies. Membership of the E.U.

14. Distinction between civil and criminal law. The distinctions between civil and criminal law is the most important division in law. It is important to know whether a case is civil or criminal as it affects how the case is started, who starts it, in which court it will be heard and what powers are available to the judge.

15. Criminal cases. Criminal cases are where the state accuses someone of a crime. Criminal law governs the relationship between individuals and society. Aim of criminal law – punish i.e. prison/fine/community service e.t.c

16. Civil cases These are cases taken by individual people or businesses in order to claim or enforce a right. The person starting the case is called the claimant. Usually the person making the claim wants money to compensate for what has happened.

17. Civil Law Governs the relationship between individuals or groups of individuals. Contract law Law of tort Employment law Family law Tort of negligence – Donoghue v Stevenson (1932).

18. Cont.. Another difference between civil and criminal cases is what is called the burden of proof or the standard to which the case has to be proved. Criminal – beyond reasonable doubt. Civil – balance of probabilities.