sources of law

• Rules


  Regulation or principle which governs conduct
• Reasons rules are generally followed


  • The rule carries a sense of moral obligation
  • The rule is reasonable and relevant
  • A penalty may be imposed and enforced by the state
• Norms of behaviour


  Conduct which a society has, over a long period of time, accepted as the correct and right way to behave
• Norms of behaviour are put into law


  They become legal rules
• Legal rules


  Rules that regulate behaviour and which are sanctioned and enforced by the state
• Rules enforced by law apply to people throughout the country, unlike sporting rules which apply to groups of people and in limited situations and moral rules which are not enforced at all
• Relationship between legal and moral rules


  • Theft
  • Adultery
  • Murder
  • Parking for 10 minutes over paid period
  • Smoking whilst pregnant
  • Smoking in Public Places
• Criminal law


  Breach of the law that is punishable by the state
• The state prosecutes the defendant and the prosecution's name in a case title in the UK, is represented by the Queen
• In order to convict the defendant, the court must establish 'beyond reasonable doubt' that the defendant committed the crime
• Types of sentences


  • Custodial sentences
  • Suspended custodial sentence
  • Community orders
  • Fine
  • Conditional Discharge
  • Compensation order
• Aims of sentencing


  • Retribution
  • Denunciation
  • Deterrence
  • Rehabilitation
  • Reparation and restoration
  • Protect the public
• Civil law is sometimes referred to as private law
• Deterrence


  1. The theory is to reduce crime by discouraging offenders from re-committing the same offence

  2. Severe penalties may make an offender think twice about reoffending because of fear of the punishment

  3. Also to deter society from committing offences by demonstrating harsh punishments
• Rehabilitation


  • Aims to reform, alter and improve the offender's behaviour so they will not re-offend
  • High importance for young offenders
  • Community orders may have requirements that aim at reform
• Reparation and restoration


  • Making amends by offenders to victims of their offences
  • This aim looks to give something back to the victim eg. re-paying the cost of stolen property
• Protect the public


  • This aim is to protect the public from offenders who have committed certain crimes
  • These could be dangerous offenders or repeat offenders of anti-social crimes
• Civil law


  • Private law where the state is not involved
  • A person (claimant) sues another (defendant) for infringement of rights
  • The court provides a remedy if the defendant is found liable, often in the form of monetary compensation (damages)
  • The claimant has the burden of proof
  • The standard of proof is based on the balance of probabilities
• Law of Tort


  • Where the civil law holds that one person owes a legal responsibility to another
  • Damages can be awarded or an injunction granted by the courts
• Law of Contract


  • Where two parties make an agreement and promise each other something in return
  • If one party does not uphold their side, the other can bring a claim for a remedy such as compensatory damages
• Human Rights Law


  • Breaches of Human Rights can be upheld by English courts and the European Court of Human Rights
  • Damages can be awarded and other remedies such as injunctions granted
• Legal Personality


  • When a person or organisation has rights and responsibilities according to law
  • Humans automatically have legal personality
  • Corporations are also granted legal personality as a single legal entity
• Privileges


  • Exemptions from particular responsibilities that come with legal personality
  • Examples include parliamentary privilege, government withholding of information, and lawyer-client confidentiality
• Examples of criminal offences


  • Theft
  • Burglary
  • Murder
  • Robbery
  • Manslaughter
  • Arson
  • Fraud
  • Assault
  • Parking on double lines
  • Dangerous driving
  • Rape
  • Drug offences
  • Intent to cause Grievous Bodily Harm
  • Criminal Damage
• Behaviour which relates to legal rules


  • Does the behaviour relate to a legal rule (ie. is it sanctioned by the law)
  • Does the behaviour relate to a moral rule (ie. not punishable by law)
  • Is the behaviour a breach of both (ie. a correlation between law and morality)
• Examples of legal sanctions for breach of criminal law


  • Custodial Sentences (Prison or Young Offenders Institution)
  • Community Sentences
  • Fines
  • Curfews
  • Electronic Tags
• Examples of legal sanctions for breach of civil law


  • Compensatory Damages
  • Injunctions
  • Specific Performance
• Purpose/Aim of sentences


  • Retribution
  • Denunciation
  • Deterrence
  • Rehabilitation
  • Reparation and restoration
  • Protect the public
• Appropriate sentences for each purpose/aim


  • Fine
  • Custodial sentence
  • Community order with unpaid work requirement
  • Most sentences send out a message of denunciation
  • Large fines
  • Custodial sentences
  • Community orders with requirements such as Alcohol or Drug treatment/Anger management
  • Compensation order
  • Community order with requirement of unpaid work - makes reparation to society
  • Custodial sentences
  • Curfews