Discuss the Difference Between Law and Morality.

LAW AND MORALS WHAT ARE LAWS AND MORALS Morality is linked to the beliefs, values and principles we hold about how we should behaviour in society. The word ‘morality’ itself is comes from the Latin word ‘moralitas’ and it covers areas such as sex before marriage, abortion, contraception and differences in sexual preferences. Morals often involve issues of ‘right’ and ‘wrong’, however, sometimes, one person’s wrong is another’s right. A philosopher, John Mackie, argues that ‘there are no objective values’, suggesting that morals are subjective in nature as they are created by human beings. Meanwhile, Laws are rules that are enforced by the Government, the Parliament, and other public bodies. They are aimed to control and direct human behaviour and they deal with many issues such as anti-social behaviours. THE BASIC NATURE OF MORALS Morals are change over time and differ from culture to culture, and from individual to individual, although nearly all the cultures are against extreme behaviours such as murder and rape. Morality often finds its roots in religion. For example, the bible provides a moral code for Christian communities and it teaches Christians what is acceptable and what is not. Meanwhile, the Koran offers a different moral code for Muslim communities and it also teaches Muslims what is and what is not acceptable. Laws will often try

  • Word count: 1710
  • Level: AS and A Level
  • Subject: Law
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Evaluate the law of formation of contract in the context of modern methods of communication

THE DIGITAL AGE… WILL IT AFFECT YOUR CONTRACTS? The law of contract is imperative for the function of commercial activity as it seeks to protect businesses and individuals engaging in transactions. The formation of contract; the beginning stage of when a contract is being formed is governed by strict rules and terms to distinguish the different elements. The statutes regarding offers and invitations to treat are dominated by the 18-20th century where communication was distant and took a considerable amount of time. However, with the turn of the millennium; we have entered a ‘digital age’ where the use of technology is widespread and interactivity is encouraged which has affected the way we communicate. Thus the purpose of this article is to evaluate whether or not the law regarding the formation of contract must be reformed to accommodate modern methods of communication. The previous commonly used methods of communication were letters which does have problems in the formation of contract. This is because a contract can be terminated if; a reasonable time has passed or if there is a specified time and it has passed. In modern times, the major shift in communication is the fact that it has become instantaneous. For example, a telephone conversation has the same speed as a face to face conversation. Other modern types of communication include text messaging, social

  • Word count: 1822
  • Level: AS and A Level
  • Subject: Law
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The regulations on arrest and detention of offenders under the Police and Criminal Act (PACE) 1984 create a fair balance between the rights of suspected offenders and the polices ability to investigate, detects and prevent criminal activity. Discuss.

The regulations on arrest and detention of offenders under the Police and Criminal Act (PACE) 1984 create a fair balance between the rights of suspected offenders and the police’s ability to investigate, detects and prevent criminal activity. Discuss. The Police and Criminal Evidence Act (PACE) 1984 is governing act which sets out the majority of police powers including arrest, detention, and interrogation. Furthermore, the codes of practice which offers guidance and recommendations when officers are carrying out there work are set out in PACE[1]. The act was introduced as a response to the loss of confidence in the police during the 70’s and 80’s as a result of the high profile miscarriages of justices such as that of The Guildford Four. As a result, PACE was introduced and designed to stop the exploitation of powers by those in an authority position such as gaining false confessions through means of violence and torture. Overall, the act is designed to create a balance between the powers of the police and the human rights of a suspect or other members of public[2]. However, the balance that is intended to be created is far from a reality, there are still high profile miscarriages of justices, corruption within the police force, and the unfair treatment of ethnic minorities and the general public. During the year of 1824, the Vagrancy Act (1824) was introduced which

  • Word count: 1725
  • Level: AS and A Level
  • Subject: Law
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Duty of Care

Duty of care In tort law, a duty of care is legal obligation imposed on an individual requiring a standard of reasonable care while performing any acts that could foresee-ably harm others. The courts had decided that a duty should be owed, E.G road accidents, bailments or dangerous goods. The neighbor test has been made to expound such a general test, the neighbor principle means that you must take reasonable care to avoid acts or omissions which you can reasonably foresee, would be likely to injure your neighbor. With the term 'neighbor' its meant people who are so closely and directly affected by your act, E.g drivers and road users, doctors and patients. The neighbour principle was established in the case of Donoghue v Stevenson, this case was about a snail in the ginger beer bottle, its where two friends went out for a drink, friend of Mrs Donoghue ordered for a drink, as Mrs Donoghue started to drink from the ginger beer bottle a contaminated snail fell out of it, therefore Mrs donoghue suffered several injuries, Mrs Donoghue had no direct or indirect claim against the manufacturer based on contractual obligations because she did not purchase the product but yet she sued the manufacturer. Now the requirements are it that must be satisfied before a duty of care is held to exist were laid down in Caparo Industries v Dickman. There are three elements, these are; (a)

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  • Word count: 643
  • Level: AS and A Level
  • Subject: Law
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The Jury

The Jury Before 1972, those who owned their own home and were over a rateable value were eligible for jury service. The Morris Committee in 1965, estimated 78% of names on the electoral register didn't qualify for jury service, 95% of women were also ineligible, either because they lived in rented accommodation or were wives. The committee recommended the right to do jury service should correspond with the right to vote. That reform was brought in by the Criminal Justice Act 1972 and can also be found in the Juries Act 1974. To be eligible for jury service you must be aged between 18-70, you must be registered on the electoral register and must have lived in the United Kingdom, Channel Islands or Isle of Man for at least five years since the age of thirteen. Some people will automatically be disqualified from jury service these include; people who have been sentenced to prison or a young offenders institute, someone who has received a community rehabilitation order. There are also people who are ineligible for jury service, ineligible is where people cannot do jury service for certain reasons for example; people who suffer from mental illnesses, priests, monks and nuns and people on bail. M.P.S, people in the armed forces, doctors and nurses, and people over the age of 65 may be excused as a right. This may be because they have duties, which are considered to be more

  • Word count: 762
  • Level: AS and A Level
  • Subject: Law
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The Nature of Law in Society

The nature of Law in Society Law is the binding rules of conduct meant to enforce justice and prescribe duty or obligation, and derived largely from custom or formal enactment by a ruler or legislature.These rules were put in place as a means of achieving social order in a wide variety of different spheres. These laws carry with them the power and authority of the en-actor, and associated penalties for failure or refusal to obey. Many people would argue that it pervades a lot of area's of human activity.  Law derives its legitimacy ultimately from universally accepted principles such as the essential justness of the rules, or the sovereign power of a parliament to enact them. It's basic purpose would be to provide a frame work of rules within which citizens co-exist in order to keep peace amongst themselves.  Law was described by Sir John Salmond as �the body of principles recognised and applied by the state in the administration of justice�. In this day and age the whole fabric of society relies on a reliable system of law, where people who suffer injustice in various forms can obtain remedies. There are some countries that do not have the benefit of a reliable system of law, this in effect has a number of consequences: people are not willing to invest in that economy; crime in various forms proliferates and the country will then suffer an

  • Word count: 3654
  • Level: AS and A Level
  • Subject: Law
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Jury Essay

Jury Essay The jury have been a fundamental part of our legal system since 1215, this was the year that the Magna Carta was introduced. The purpose of the Magna Carta is to recognise a persons right to trial by "the lawful judgement of their peers". The independence of the jury was made final in the case of Bushell's case in 1670. This was to confirm that the judge cannot manipulate or try to gain a mental edge on the jury so that the judge can get what they want. Jurors usually get called up for 2 weeks and they may sit on up to 3 juries in that time. Jurors can be given a discretionary excusal so that if they have other commitments they can rearrange the dates set for them to sit on a jury. If a juror is related to any person involved in the trial from defendant to judge/magistrate, they must inform a court clerk or somebody of that stature. Members of the armed forces, medical profession and also MP's are ineligible from taking part in jury service. In order to be selected for jury service, there are specific requirements you must meet. You must be 18-70 years old, you need to be signed up with the electoral register also deaf and blind people are not allowed to take part in jury service, mentally disabled people are also ineligible to be called for jury service (Juries Act 1974 as amended by the Criminal Justice Act 2003). Jurors are selected randomly by computer so that

  • Word count: 667
  • Level: AS and A Level
  • Subject: Law
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Legal personnel

LEGAL PERSONNEL Describe and Comment on the training and work of barristers and solicitors. In any justice system the key figures that make sure justice is served, include Lawyers, Judges, Magistrates and juries. Unlike in the United States of America, "Lawyers" in the British legal profession are divided into two branches; barristers and solicitors. Both the former and the later specialize in advocacy, and although both jobs are similarly highly demanding in their own right, there is a distinction between the role of a barrister and a solicitor. Prior to the Courts and Legal Services Act 1990 (CLSA) and the Access to Justice Act 1999 (AJA), a barrister was regarded as superior to a solicitor, because only barristers had rights of audience. However this has changed and if a solicitor completes the required training, they as well can exercise rights of audience. When it comes to addressing the process of becoming a solicitor or a barrister, in order to distinguish the training that is required in both fields of practice and understand the roles of both lawyer's, it is better to address the professions with their differing titles, rather than regard them as one. This paper will evaluate the roles and training of both solicitors and barristers, as well as evaluate the profession of a judge, which is regarded as the core of any legal system (Elliot & Quinn, 2009); in regards to

  • Word count: 3208
  • Level: AS and A Level
  • Subject: Law
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Liberal reform 1906-1914

Liberal reform 1906-1914 The huge scale of the Liberal party's victory in the 1906 general election guaranteed many new faces among the ranks of Liberal MPs, in favour of change in the field of social welfare. Between the years 1906 and 1914, the Liberals took steps to improve the health standards and the living and working conditions of the lower class. The main areas of people new legislation was targeted on was the working class under risk of poverty due to sickness or unemployment, their children and old age pensioners. The effectiveness of Liberal rule on these matters is not clear, as much of the legislation introduced to solve poverty problems, can be argued to be unsuccessful at what it was intended to achieve. The first task undertaken by the new Liberal government was the welfare of children. The issue of malnourished children had increasingly surfaced since the extension of rate aid to all schools and creation of Local Education Authorities in 1902, so the issue of children too hungry or generally debilitated was well documented by 1906. A report from the Committee on Physical Deterioration noted inadequate feeding-"It is the height of cruelty to subject half starved children to the process of education". To solve this problem the government introduced the Education Act of 1906. Local education authorities were enable to provide school meals for destitute children

  • Word count: 2333
  • Level: AS and A Level
  • Subject: Law
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The Crucible

The Crucible Q. \ How do the events that unfold in Salem affect the character of Reverend Hale? Miller uses a myriad of varying devices throughout Act 1 in order to create an effectual dramatic stage for the entrance of Reverend Hale. This dramatic stage is created partly because the characters in the play lead an intensely puritan and repressed life. By doing so, Miller helps to establish the ethics of the villagers. As a result of all this repression, the villagers have become unusually petty. Another thing that helps to create a dramatic stage in Act 1 is the mystery and tension of the girls, Abigail and Betty, being in the woods, which starts off all the trouble of the events in the play. The idea of children being accused of witchcraft however, "Now look you, child, your punishment will come" causes the audience to doubt they are guilty, as they don't see children as capable of being manipulative. It is ironic that reverend Parris was the one that called for Reverend Hale. "There is no unnatural cause...I have sent for Reverend Hale of Beverly, and Mr Hale will surely confirm that." The situation to date is that Reverend Parris has seen his daughter and niece: Abigail and Betty, dancing in the woods with some other girls, the previous night. Now, Betty and Ruth: Mrs Putnam's only surviving child, have come down with an unusual illness that a cure cannot be found for.

  • Word count: 2470
  • Level: AS and A Level
  • Subject: Law
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