Influences on Law Reform
There are many influences on the way our law is formed and it can come
from a number of sources. Some of these influences may have more
effects than others. It is also possible that in some situations there
maybe conflicting interests about the way that the law should be
reformed.
There are official bodies whose work is to recommended changes in the
law to the government. These are the Law Commissions and occasionally
Royal Commissions. There are also pressure groups, which may provide
the movement for law reform. Where a subject has a particularly high
profile, Parliament may lean down to public opinion and alter the law.
We saw this in the Disability Discrimination Act 1995. The Law
Commission in its consultation process will also obtain the views of
pressure groups with a particular interest in the area of law under
review.
Events in the world may also lead to government to reform the law. The
terrorist attacks in America on 11th September 2001 led to the British
Government enacting new laws against terrorism in the Anti-terrorism,
Crime and Security Act 2001.
The Law commission is a fulltime advisory body, which was set up in
1965 by the Law Commissions Acts. It consists of a chairman, who is a
High Court judge, and four other law commissioners.
There are also support staffs to assist with research and four
parliamentary draftsmen who help with drafting of proposed Bills.
Commissions consider areas of law, which are believed to be in need of
reform. The role of the Law Commission is set out in section 3 of the
Law commissions Act.
The way in which the Law Commissions work is that ...
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... British Union for the Abolition of Vivisection – campaigning to halt
the breeding and use of animals in experiments;
· British Roads Federation – aiming to focus attention for a higher
standard of service from the UK road network;
· Earth First – campaigning against the destruction of the
environment;
· Liberty – campaigning to defend and extend human rights and civil
liberties
· Unison – trade union for public sector workers;
· National Union of Students (NUS);
· Royal Society for the Prevention of Cruelty to Animals (RSPCA);
· National Society for the Prevention of Cruelty to Children (NSPCC
Pressure groups are an essential dimension of any democracy, yet they
can endanger democracy if sectional groups undermine the public
interest or if the methods they use are corrupt or intimidating.
the laws it chooses, 2. the rule of law, which says that laws must be
of the law as a whole. I hope to be able to analize the spirit of the law versus the
Carl et al. (2011, p. 119) suggests that there are two primary models as to how laws were created (i) the consensus (ii) conflict models. While the consensus model of law suggests that laws arise when people witness behaviours that they do not approve of, therefore agreeing to make that behaviour illegal (Carl et al., 2011, p. 119). The conflict model
the law is proposed a draft bill is added to the report and put before
However, individuals’ abstract idea of how the law works can be contrary to the actual workings
Laws are structured and implemented to benefit the masses. Unfortunately this objective is not always achieved. The constitution of the states is considered the best work of law yet it is unable to save the life of a child. Clearly the problem of violence is turning more into a socio-cultural and psychological problem than a legal one. However laws still need to be implemented justly in order to preserve the freedom and rights of me...
laws is to keep the bad things out from the old society out such as
law as a creation of the rich, who, because of their wealth, own and control most of the property
by the Law Commission Act It is a full time body that consists of a
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
laws made by others in our society, and decide whether or not the laws we make
Conversely, the pronounced influence of Confucian orthodox on the Code was paralleled by the pronounced influence of Legalist doctrines especially in the Code’s technical construction. Accordingly, Legalism’s prominent influence on the codification and administration of the Code is broadly separated into the three distinctive components of Legalism. In a representation of Fǎ, the set of rules embodied in the Code heavily reflects the conceptual notion of the usage of rewards and punishments to keep societal behaviour in check. Despite the failure to fulfil the original Legalist principle asserted by Ma as ‘objective and absolute standards of Fǎ’ with the gradation of punishments that emphasised levels of criminality and punishments based on individuals’ familial and societal rank, Fǎ was still noticeably influential in the Code. The separation of crimes into three notable categories based on the severity of the felony reflects Fǎ through severely punishing crimes that will undermine, obstruct and threaten the structure, authority and integrity of the state. The adoption of death penalties for crimes against the sovereign such as treason and sedition, hence evidences the prominent influence of Legalism in certain aspects of the penal code
themselves to it. . Since most of this law is derived from codified norms of
the sense that a lot of laws are on the basis of morals and morals are
In conclusion it is clear there is a relationship between law and morality and there will always be a debate on the extent to which morals effect laws and how laws influence the morals of society. Morals and laws constantly change with political, economical, and social influences and will therefore always have the opportunity to be affected by each other but the extent of which cannot be predicted.