Law is a very important aspect of our lives which lays down the principles of our day to day activities. There is not a right or wrong definition of law, however it can be defined in various ways such as a set of rules and regulations created by the Parliament enforced through institutions that plays an important role in the creation and maintenance of social order and which regulates every aspect of our lives, another definition is provided by Sir John Salmond who defines law “as being the body of principles recognised and applied by the state in the administration of justice”.
In the United Kingdom, out of 40 major regions England and Wales shares the same legal system which is the English Legal System as commonly known and which is the basis of the common law, and is the same system used in most commonwealth countries.
Morality is what is right and wrong according to values or beliefs governing a community’s behaviour, and it is not fixed which means it can change over the time has time changes and generally morality has to do with beliefs and differs from country to country and from individual to individual.
Moral standards of a community are known to have a particular influence on the development of law, but law and morality do overlap on major issues, but may differ on other matters. In England and Wales there have been a shift from religious beliefs and the way the law has developed reveal this and an example of this is when abortion was legalised in 1967, yet some people still believe that is morally wrong but the law consent to it, having said that there are differences between law and morality, in the way they develop and the sanctions imposed. Morality cannot be changed intentionally but evolves slowly and according...
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...gal assistance if you cannot afford it, to have witnesses for and against you treated in the same way and to have the free assistance of an interpreter if you cannot understand or speak the language used in court, and if any of these rights are breached then the trial may not be fair. The right of a fair trial also include making clear in one’s mind that they have access to the court in the first place without prejudice and discrimination.
The right of a fair trial goes ahead of matters being properly dealt with in a court hearing, the whole legal procedure must be considered, taking into account whether or not a trial is fair can include making sure that proper procedures have been followed by the police at the investigation and charging stages and also it can require that any decision making process should include an appeal stage.
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Legislation and the Common law are not separate and independent sources of law. They exist in a symbiotic relationship. Symbiotic relationship refers to the two different sources of legal norms that provide the sum of rules establish system as a whole. (Brodie v Singleton Shire Council (2001) 206 CLR 512, 532 [31])
accused of a crime. The individual has a right to a trial and to be judged by a
The first right I will talk about, is the right for speedy trial. There are two factors to consider: the...
When one thinks about morals, he or she often find himself in difficulty. It is a fact that morals are mostly passed from one generation to another. However, we all face challenges when trying to understand whether they are all accurate or not. To start with, Morals are those values that normally protect life and always respectful of the dual life value of individual and others. Therefore, Morals are those rules that normally govern actions that re wrong or right. We know that morals may be for all people in the society or individual beliefs in the society. Some of the great morals include freedom, charity, truth, honesty and patience and all of them have a common goal. It is a fact that when they function well in the society, they end up protecting and enhancing life. These morals need to be examined always to make sure that they are performing their mission of protecting life. As a matter of fact, morals are derived from the government and society, self and religion. When morals are derived from the government and society, they tend to change as the morals and laws of the society changes. An example of the changes is seen in the cases of marriage versus individuals living together. It is true that in the past generation, it was quite rare to see any couple living together without having any legal matrimonial ceremony. However, this
Citizens of the United States are given the right to a fair trial. Over the course of the development of the American jury system, citizens are allowed to the right to meet one’s accuser, be represented by his/her peers and protection from being tried more than once on any convicted crime. The jury system has evolved from a representation of all white men to both men and women from very diverse backgrounds. This is important if one is going to be tried in his/her community of peers.
What is morality? Merriam-Webster dictionary states that morality is/are the beliefs about what right behavior is and what wrong behavior is
In The Concept of Law, H. L. A Hart criticizes John Austin’s command theory of law and argues for a new framework that interprets laws as rules. As a legal positivist, Hart is motivated to separate the descriptive question of what is from the prescriptive question of what law should be. Despite this, he believes we must also consider the normative aspect to law, which is reflected in the obligation we feel to follow it. With the notion of obligation in consideration, Hart proposes a framework that is a more sophisticated and consistent view of how legal systems work. In this paper, I will argue that - despite the overall usefulness of his framework – he fails to properly address how judicial decisions play a role in the changing and challenging
Both legal theory and theories of the state stand at a crossroads today. The modern state has transformed quite radically from its traditional image. According to Habermas’ account, in traditional societies, “the law made by the ruler remained subordinate to the Christian natural law administered by the Church”. The social integration was a result of bonding convictions which came from the mythical narratives and ritual practices. However, in the postmodern situation with all its complex interrogations of Universalist claims and a predominantly secular society such as ours, “the normative order is maintained without such metasocial guarantees”. Such a situation leads to a specific question: how is social order maintained amidst such disenchantment, internal differentiation and widespread plurality in the society. One way to answer this question is to come to terms with the way in which certain norms are regulated and how they bring about “willingness to comply simultaneously by means of de facto constraint and legitimate validity”. Such norms with their covert authority fuse validity with the force of the factual which in turn, “leads to a system of rights that lends to individual liberties the coercive force of law”. And, for Habermas, modern law at its core “consists of private rights that mark out the legitimate scope of individual liberties and are thus tailored to the strategic pursuit of private interests”.
* Article 10:- Everyone is entitled in full equality to fair and public hearing by an independent and impartial Tribunal in determination of his
To begin, we must understand the meaning of the rule of law and why the UK courts implement this constitutional principle in day to day practice. British jurist and constitutional theorist A.V. Dicey paved the way for much of our understanding of the rule of law we know today; giving a strong starting point for academics such as Lord Bingham and Joseph Raz whom later on developed the formal and substantive theories of the rule of law. Dicey has three key principles: no punishment unless there is a breach of the law; Law should not be exercised arbitrarily; and there should be a consistency in the creation of law. Dicey simply means that an individual should be aware of laws which apply to them, they are free to act as they please, whether they
Law is the foundation of central structures of social life on which society’s integrity depends, which is why Petrazycki, Ehrlich and Habermas perceive it to be a key steering mechanism in society,
Both law and morality serve to regulate behaviour in society. Morality is defined as a set of key values, attitudes and beliefs giving a standard in which we ‘should’ behave. Law, however, is defined as regulating behaviour which is enforced among society for everyone to abide by. It is said that both, however, are normative which means they both indicate how we should behave and therefore can both be classed as a guideline in which society acts, meaning neither is more effective or important than the other. Law and morals have clear differences in how and why they are made. Law, for example, comes from Parliament and Judges and will be made in a formal, legal institution which result in formal consequences when broken. Whereas morals are formed under the influence of family, friends, media or religion and they become personal matters of individual consciences. They result in no formal consequence but may result in a social disapproval which is shown also to occur when breaking the law.
The Sociological Definition of law suggests a link between laws and customs. To understand laws
The rule of law is one of the key constitutional principles that help’s to ensure fairness and democracy in the UK’s constitution. The basic definition of the rule of law is that nobody can override the law; everyone and anyone must obey the law in its full entirety. The rule of law holds an important role in the constitution. However, the concept is something that cannot be easily defined and is subject to change as society evolves. This constitutional principle matters because society needs to be able to uphold a strong balance between regulation and structure. The rule of law has no single meaning and
According to Reference.com (2007), law is defined as: "rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct." Essentially law is the rules and regulations that aid in governing conduct, handling disputes, and dealing with criminal actions.