Laws in England are made in order to prevent anarchy. In my opinion, this is essential in any society to prevent absolute chaos. Most laws have an element of fairness or moral consensus. However as parliament have the ultimate influences over what becomes law; it is possible that some laws reflect the philosophies of individual political parties. In the past when the divide between Conservative and Labour party philosophy was more apparent it could be argued that laws passed by a Conservative government represented the interests of the rich and powerful. Religion has also played a part in what is legal and illegal and additionally results in injustice.
Reforms in the law can also reflect changes in values of society as a whole e.g. the new law allowing same sex marriage in England. The law commission, set up in 1965, is obviously there to reflect the need for constant reform although change is still slow. With England’s membership in the European Union and ever improving technological advances, the process of reform is too slow and does not reflect the current pace of change in England.
In England some crime is punishable by loss of freedom i.e. prison. I believe that although prisons are necessary to protect society from dangerous individuals e.g. rapists and murderers. Prison may not necessarily be the best form of punishment for many offenders. Prisons in England are overcrowded and the number of repeat offenders is very high. This indicates that prison, as a punishment is not working for the majority. I think that punishment in this country needs reform and a more educational approach, involving paying back society in a way that does not involve isolation and loss of freedom, would be more likely to lead to rehabilitation for those that would be willing to cooperate. The Government are spending huge amounts of money on
keeping people in prison yet criminals are constantly reoffending. It would make sense to research methods that result in rehabilitation without going to prison and thus the Government would save money.
In conclusion, I think the current legal system in England is more than viable and is effective in protecting people and keeping order. However, the fast pace of the technological revolution and membership of the European Union indicates the need for much reform. I also believe that the prison system needs far more research into education and rehabilitation as there is evidence that the system is failing. Because some of our laws may still reflect the philosophies of political parties or religions, which is a danger in a custom based legal system, there may be a need for more drastic change. The majority of countries in the European Union have legal systems based on Civil Law and so I believe English law will begin, and has already begun, to reflect some aspects of this. For that reason, perhaps England should take a leaf out of Scotland’s book and try combining the two systems.
Sources:
GCSE Law by Jacqueline Martin
