Law 110

Definition & Theories

Lecture 1
What do these this have in common!
Eggs Foundations
Plans Carpet
Cable/Wire Concrete
Pipes Turf/Grass
Prickes Paint
Tiles Tracks/ Rails
Paving Stones Tar/ Asphalt
DEFINITION OF OTHER LEGAL CONCEPTS

LEGISLATION - laws, considered collectively; example the

Criminal Code
STATUTE - a written law passed by a legislature.
STATUTORY INSTRUMENTS (SI) - a form of legislation
which allow the provisions of an Act of Parliament to be
subsequently brought into force or altered without
Parliament having to pass a new Act.
JURISPRUDENCE - LEGAL SYSTEM; PHILOSOPHY OF LAW
DEFINITION OF LAW

1. Rule laid down for the guidance of an intelligent

being by an intelligent being having power over
him (John August)

2. A binding custom or practice of a community : a

rule of conduct or action prescribed (Merriam-
Webster)
Lets think about

Can you think of a rule at your home, church or

school.

Next the rule must have an enforcer. Finally the

rule must have a consequence.

Now the hard part, give a reason why the rule

What is law

Natural law
Rules that are good and just There is an essential
relationship between law and morality and Justice.

Positivism
Rules established and enforced by the state for
fairness. Obey the rules or be punished.

Research the more contemporary debates by H.L.A Hart, Joseph Raza and
Jules Coleman.
John Austin (1790-1859)

Law as a command of sovereign backed by sanction.

He developed logically, a structure of legal system
without values, morality, idealism and Justice. Austin
says, “A law is command which obliges a person or
persons to a course of conduct.”
Hart

‘Isit morally permissible to enforce morality? Deprivation of freedom

causes pain to the individual. Individuals should not be so deprived,
unless it is justifiable in the interests of society.’ ‘Laws that merely
enforce morals should cease. Laws should only intervene where
immorality causes harm to the society or harm to the individual
concerned.

The law should be ‘reason, free from passion’. Aristotle

Criticism
Law is fundamentally linked to what is good, just and moral.
Natural law theory

‘Natural law theory is a ‘dictate of right reason’

-St. Thomas Aquinas

‘Itis an error of jurisprudence to separate crime

from sin.’
- Lord Devlin
 NATURAL LAW
THERE IS A CONNECTION BETWEEN LAW AND MORALS.

LAWS MUST BE JUST AND FAIR - UNJUST LAWS ARE NOT LAWS AT
ALL.

MAN MADE LAWS MUST CONFORM TO HIGHER PRINCIPLES OF

RIGHT CONDUCT, DISCOVERABLE THROUGH REASON.
Read the facts , note the decision and say
whether it reflect Natural law or Positivism

Shaw v DPP

Knuller V DPP

R v Gibson

Forsythe V DPP and AG of Jamaica

 NATURAL LAW
● Immoral behavior is “unnatural”.
● Source of the moral code - God
● Law are rules that we must follow in order to lead
a good or flourishing life.
● Source of the moral code - ethics based on
reason.* (Shaw v DPP)
● The legal system exists to secure justice.
● Judges must interpret the law in light of
the correct principles of justice. (Dworkin,
1988)
● Laws that are in conflict with or is inconsistent
with either natural law or divine law is not really
Functions of law

Mankind has always had some sort of rule

or that they used to Govern itself
Laws set the standard in which we should
live in if we want to be part of society.
Law set up rules and regulations for
freedom and justice to those who were
wronged, and protects us from our own
Common Law

‘Common law’ refers to laws that have been developed

by judicial decisions. An example of a common law crime is
murder. This means it has never been defined in an Act of
Parliament, but instead developed from ancient custom and is
still developing through the decisions of judges in the highest
courts. These decisions are known as ‘precedents’ . Lord Reid
said famously: ‘There was a time when it was thought almost
indecent to suggest that judges make law – they only declare it
... But we do not believe in fairy tales anymore.’
Civil law

Civil laws create rights that are enforceable between

private individuals. This means that enforcement
agencies such as the police do not get involved in
these laws. Civil laws therefore do not aim to punish
but to compensate those whose rights have been
violated. The claimant can sue the defendant. The
defendant may be found liable on the balance
of probabilities . Civil laws are developed from
statute, legal rules and legislation or “hard law”.
 CLASSIFICATIONS OF LAW
CIVIL LAW CRIMINAL LAW
WHAT? CRIMINAL LAW

CIVIL LAW ● Those statutes dealing with

● Rules and regulations, which crimes against the public
safeguards the rights of and members of the
individuals in a country public

● Governs relationships
● Governs the relationship
between individuals and
between individual citizens
private organisations.
and the state (committed an
offence against society as
● Private Law a whole).
WHO?
CRIMINAL LAW
CIVIL LAW
● Since it is a crime against
● The party who files the
the State/Queen, a State
suit is called claimant prosecutor from the DPP’s
(respondent)/plaintiff office will represent the
. State.

● The party who responds ● He/she will bring forth

to the suits is known as a charges against the
defendant (appellant). accused/defendant to
prove beyond a reasonable
doubt that the
WHY?
CIVIL LAW
CRIMINAL LAW
● The basic objective is for
● Basic objective is to
persons to seek redress
protect society.
(relief/compensation).

● Some remedies can be ● The sentences available

monetary relief, injunctions for criminal offences
or specific performance. include fines (payment of
a sum of money to the
state), imprisonment and
community service.
 CRIMINAL LAW
CIVIL LAW
● It includes cases related to public
● It includes cases relating to matters such as felonies
private matters such as (serious crimes) and
misdemeanors (less serious
property, contracts, torts, crimes).
family dispute, estates, ● It is usually written as R (The
etc. Crown) v the Defendant e.g. R v
Smith
● The name of the person
It is pronounced as the Crown
bringing the action comes first
against Smith
followed by the name of the
● This is where a case is heard
defendant, e.g. Smith v Jones. between the Crown (the
● The small letter “v” is an Government) and an individual or
abbreviation of versus. “Smith an organisation or a company
where Smith is the accused. The
v Jones” would be pronounced “R” stands for Rex (the King) or
“Smith and Jones Regina (the Queen).