The Basic Nature of Law
The Basic Nature of Law
Definition and Purpose of Law
- Law can be defined as a set of rules and regulations set by a sovereign body, which governs the behaviour of a society and is enforced by the imposition of penalties.
- Law provides a framework for society - it maintains order, resolves disputes, protects individuals and property, and expresses shared values.
- A further purpose of law is to bring about social change and progress. New laws can be introduced to reflect changing societal attitudes (e.g. The Equality Act 2010 and non-discrimination).
The Role of Law in Society
- Law assumes an essential role in society, and it is often the measure against which social order and good governance are judged.
- It behaves as a deterrent, maintaining peace and order by discouraging actions which are harmful to society (e.g. crimes like theft, assault etc.).
- It allows for the resolution of disputes through a formal legal process, thereby preventing chaos and violence.
Types of Law
- There are two primary types of law: Civil law and Criminal law.
- Civil law deals with disputes between individuals or organisations. The aggrieved party usually seeks compensation or a remedy for damage or breach of contract.
- Criminal law, on the other hand, deals with behaviour punishable by the state and aims to maintain social order and safeguard citizens.
Sources of Law
- The two main sources of English law are legislation (laws passed by Parliament) and case law (decisions made by judges in court).
- Other sources include European Union law (for as long as UK was a part of EU) and international law.
Relationship between Morality and the Law
- The correlation between law and morality is complex. Although some laws (like prohibitions on murder) reflect moral values, others do not.
- Laws can operate independently of morality and vice versa. However, changes in social attitudes can often lead to changes in the law (e.g. laws on same-sex marriage).
- Nonetheless, it is important to recognise that not all that is immoral is illegal, and not all that is illegal is immoral.