• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Discuss the reasons why behaviour may become unlawful and explain how the law can change.

Extracts from this document...


eTMA 03 Question: Discuss the reasons why behaviour may become unlawful and explain how the law can change. There are many ways in which behaviour may become unlawful and the ways in which law can change in response to such behaviour. This essay will look to position unlawful conduct and more specifically the definitions, of which it holds. Discussing why conduct becomes unlawful and the actions of our UK Parliament, Judiciary and the European Court of Human Rights in response to the growth of unlawful conduct. Highlighting the key facts and cases and also looking into the strengths and weaknesses in the methods of law reform. "Unlawful conduct is any conduct that is contrary to or forbidden by law" (Arthur, 2011) Conduct can be considered as unlawful in a number of different ways, most commonly known actions are burglary, theft or even murder, these are only criminal acts, businesses can also be affected by criminal acts, such as fraud for example. Criminal acts are only one form of unlawful conduct, as the other are civil disputes, these disputes can affect all walks of life from businesses through to families, examples are custody of children in a divorce, validity of marriage, customers who refuse to pay bills. ...read more.


A more recent development was that of the Civil Partnership Act 2004 which gave Gay and lesbian relationships the same rights as any married couple. Some actions are considered unlawful to protect the individual from any harm, for example wearing seatbelt when driving a car or wearing a helmet when riding a motorbike. This subject matter can often be taken into dispute when discussing the subject matter of euthanasia, as many people believe this should be made lawful action. "Is this enforceable?" is a consideration for any new laws or amendment before it becomes an Act, and there are many points to consider including the human rights of the individual. There are three main methods of reforming the law; there is the UK Parliament, the judiciary system and The European Court of Human Rights (ECoHR). Parliament is a publicly elected body and will often take into account the changes in society when creating a new criminal offence. Such as Dangerous Dogs Act 1991 or in the event of national crisis the Anti-terrorism, crime and security act 2001. Judges will follow statutory interpretation rules to interpret Acts of Parliament, they are also able to overrule and distinguish against a precedent which has been put in place to reform the law. ...read more.


paper whereby proposals are set out to seek any advice or comments, following this consultation the government will publish a white paper which is a much firmer document outlining the concepts for the bill, the secretary of state for the relevant department will often make a statement to go forward with the white paper. In conclusion this essay acknowledges that defining factors such as technological, social and moral developments are pivotal parts how behaviour can become unlawful. The law making and law reform processes in the UK are wide spread covering all aspects of the law, there are advantages and disadvantages to each area of law reform in the UK. Many of the disadvantages will relate to law reform in the judiciary and within the ECoHR, reasons being that around accountability as neither are publically elected. The main disadvantage with Parliament is that Acts can take a long time to pass however it is imperative to recognise that although this is often the case Parliament is a highly accountable body to the public, it has been proven in the Anti-terrorism, crime and security act 2001, Parliament will swiftly act in the event of public outcry or in the event of a national crisis. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree English Legal System section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree English Legal System essays

  1. 'The Land Registration Act 2002 makes a poor attempt at reforming the law of ...

    During which time the widespread criticism has been reiterated. 'It is of course remarkable that the law is prepared to legitimise such 'possession of wrong', which, at least in some cases, is tantamount to sanctioning a theft of land' (10.222)

  2. Legal Personality

    Categorisation has the unfortunate consequence of causing some to feel discriminated against. This is well illustrated in the evolution of gender equality. In De Souza v Cobden (1891), Cobden was convicted for holding office as an 'unfit person' because she was a woman. It was not until 1918 that (some)

  1. This essay is concerned with the area of Internet defamation. In general, the purpose ...

    This is referred to as the 'multiple publication rule'. There is one condition of claiming damages in the United Kingdom, and this is that legal action must commence within one year of the defamatory statement being published. Exceptions to the rule may only be made at the court's discretion.

  2. Write an essay summarising and evaluating the Law Commission's Report on Partial Defences to ...

    The Commission's palpable antagonism towards the majority decision in R v. Smith (Morgan) rears its ugly head here, in its complete doing away with the issue regarding the defendant's mental state at the time of the killing. This must be one of those areas that the Commission felt was too broad, and yet too narrow at the same time.

  1. Free essay

    What would it take to change the UK constitution?

    provide for the establishment of a Scottish Parliament and Administration and other changes in the government of Scotland; to provide for changes in the constitution and functions of certain public authorities...'12. Similarly Wales has previously become devolved from the English system, thus amending the current constitution, by way of a referendum.

  2. Sexual offences cover an enourmous range of conduct including rape,indecent assault, buggery, gross indecency ...

    Also the maximum for indecent assualt on a girl under 16 is 10 years thus treating it as more serious than intercourse itself. Although mistake as to age is no defence, 'the youg man's defence' exists as does the rule in Tyrell's case i.e.

  1. "Common Law and Civil Law"

    are binding. 3.2.4 Case Law The perhaps most striking difference of common law and civil law is the application of case law in the common law (meaning that judges are bound to follow decisions rendered by judges of superior courts according to the concept of precedence), which is never practised

  2. Produce a report that looks at the functions of each court, with emphasis on ...

    As well as issue these sentences the Magistrates' Court can also make compensation orders, such orders are made compensate the victims of the offender without them having to start proceedings in the civil courts. The maximum payment under a compensation order is �5,000.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work