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

    It is generally thought that legal action should take place in the country where the defamatory statement was published. This matter is dealt with in the case of Berezovsky v Michaels [2000]7 . An article which appeared in a magazine published in the United States claimed that the claimants, who were Russian citizens, were involved in organised crime in Russia.

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

    have led to changes in the law governing acquisition of the title by adverse possession. In some states it has been abolished altogether'.21 The reforms that have led to the new Act have followed suit so to speak. Reform has been high on the Law Commissions agenda for many years.

  1. Legal Personality

    Legal personality also specifically acts to allow the limitation of responsibilities by way of recognising organisations as distinct entities: corporations aggregate, such as registered companies[b23], comprise more than one 'natural person' but are also recognised separately[b24]. The Queen is, peculiarly, both a natural person and also a 'corporation sole' in her capacity as the Crown.

  2. "Common Law and Civil Law"

    Firstly, in common law, the judge is to be seen as an impartial arbiter who is not involved in the process of, for instance questioning witnesses. In civil law, that judge is in fact impartial, but he actively steps in if he or she has any questions to the witnesses.

  1. Law and moral.

    There is no evidence that a departure from accepted standards of sexual morality by consenting adults in private does anything to threaten society: on the contrary, it is clear that accepted moral standards have changed over the years without society falling apart.

  2. In the case of Re A (children) (conjoined twins: surgical separation) [2000] 4 All ...

    Schedule 1, Article 2 of the 1998 Act outlines the concept of the 'right to life', it states that everyone's right to life is protected by the law and as a result, no one can be intentionally deprived of this right3.

  1. Where judges do not follow precedent (or where they distinguish binding cases on dubious ...

    But this is a purely technical point: the removal of immunity (even by a bare 4-3 majority in relation to criminal cases) is a clear decision of a strong House and will almost certainly be applied in all future cases.

  2. Have the police become less accountable in recent years? How can police accountability be ...

    in 1979 and encouraged privatisation, which was itself an attempt to remove inefficiency and stagnant industries. This inevitably led to a fresh approach to police accountability and efficiency brought about by the strict budgets imposed by Mrs Thatcher. The minors strike of the 1980's, again managed to change the ever-changing

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