Explain the theory of natural law
TOM MORGAN 12RK AO1 Explain the theory of natural law Natural law is a theory that stretches across all cultures and ways of life. It is a universal theory that says there are definite rights and wrongs. For instance; taking human life is definitely wrong. In this respect, Natural Law is the parallel of Moral Relativism, as if you live by a Moral Relativism approach to ethics, then no actions are always right or always wrong. That is to be decided by the outcome of an action. This quote from Cicero may help explain Natural law: "True law is right reason in agreement with nature; it is of universal application, unchanging and everlasting" This means that 'true law' or Natural Law is in harmony with nature. E.g., do not have sexual intercourse with those of the same sex or from the same family, as both these things go against nature. The most famous advocate of the Natural Law ethic was the Christian theologian St Thomas Aquinas. Aquinas developed Aristotle's ideas and argued that the natural purpose of the world is found in God. Humans are free and are capable of choosing to follow the 'natural law' of God, which is understood through reason. He believed the human purpose was, 'to reproduce, to learn, to live harmoniously in society and to worship God'. In this way, Natural law describes not only how things are but also how things ought to be. When things are fulfilling
There are many influences operating on parliament before and during the legislative process. Explain and evaluate any three of these influences, giving examples of how parliament has been persuaded to introduce legislation.
Law Reform - Influences upon Parliament There are many influences operating on parliament before and during the legislative process. Explain and evaluate any three of these influences, giving examples of how parliament has been persuaded to introduce legislation. Law reform means making a change to the law by improving what had existed before. Law reform can be achieved by updating the law, codification of the law and consolidation of statutes. There are many different influences upon parliament for law reform. Three of these influences are Law commissions, Royal commissions and pressure groups. The law commission is the independent body established by the Law Commission Act 1965 to keep the law of England and Wales under review and recommend reforms when they are needed. The law commission is important because it is the only full-time publicly funded body established for the purpose of law reform. The law commission consists of five commissioners plus support staff. The chairman is a high court judge who is appointed for a term of three years. The other four commissioners are solicitors, barristers or teachers of law. Each of them is appointed by the Lord Chancellor for a term of five years and may serve two terms. The law commission is an advisory body which makes proposals for law reform but they also work on consolidation of statutes and statute law revision. The law
The three main rules of statutory interpretation are the literal rule, the golden rule and the mischief rule.
Question 2 This essay outlines the rules of statutory interpretation. The essay will starts by explaining what the rules are, and how they are used. This will follow by the three main rules: the literal rule, the golden rule and the mischief rule. The essay will also outline the difficulties that courts face in applying the rules. The rules are not in fact rules, but guidelines. Law is a system of rules. The rules are a vital part of our social environment. We are subject to the rules at all times: at work, at home, in the shops. Statutory interpretation uses rules to help interpret what Parliament has enacted. The interpretation of statute has become a hugely personal affair with judges attempting to have their final say and using whatever means to justify their decisions in a particular case. Some judges have their own favorite rule and the different outcomes may result from the use of different rules. One judge may use a particular rule of interpretation and another judge may use another rule, even for the same case. The three main rules of statutory interpretation are the literal rule, the golden rule and the mischief rule. The literal rule means the courts will give words their plain, ordinary or literal meaning even if the result is not very sensible and does not appear to be the on which parliament intended when making the law. This is the oldest of the rules and it
The Police and Criminal Evidence Acts 1984-provides an effective balance between the powers of the police and safe guards provided for suspects.
Yasmin White 27th September 2002 The Police and Criminal Evidence Acts 1984-provides an effective balance between the powers of the police and safe guards provided for suspects One of the fundamental civil liberties is the right to freedom of your person from detention, and your property from seizure, without lawful cause. Recognition if this right goes back centuries in the history of Britain. Its fundamental expression is in the statement that we live in a country where one of the basic principles of the constitution is that our affairs shall be carried on under "the rule of law". In Entick v Carrington (1765) 19 St Tr 1030 Lord Chief Justice Camden set out the basic principle that anyone who invades another's private property is guilty of an offence unless they can show a justification for having done so. The recognition of the right to liberty of the person, and freedom from interference with private property, underpins the torts of trespass to land and trespass to the person. It also underlies the defence to a charge of assault that the person was acting in self-defence against an unlawful detention. False imprisonment is based on the idea that there must be no deprivation of personal liberty without lawful authority. The powers given to the police to act to maintain public order and to
The aim of this study is to outline the difficulties confronting the court when fitness to plead and insanity defence are contested.
CHAPTER ONE INTRODUCTION The aim of this study is to outline the difficulties confronting the court when fitness to plead and insanity defence are contested. The relationship between fitness to plead, insanity and crime has been of interest to man from time. This is particularly so when crimes like homicide (murder) have been committed. Prior to the trial (Pre-trial phase), fitness to plead is usually contested. It is not unusual for a person appearing before the court to be unfit to plead. The jury, by resorting to the trial of facts, determines whether the accused committed the act or not. With regards to the Soham Killings, Huntley's "fitness to plead" was questioned. As a result of this he had to be remanded under section 35 of the Mental Health Act 1983, for a medical report at Rampton Special Hospital. The issue here is to ascertain that the individual has got sufficient intellect to be able to plead to the indictment and also understand the proceedings sufficiently to challenge jurors, take in the evidence, and make a proper defence. The test for this purpose is that set out in R V Pritchard. The fact that a criminal is insane, can affect the normal processes of the law at the trial phase. The legal position would be to divert as many mentally disordered offenders as possible from prosecution or penal disposal towards the health and social services.
Explain the role and effectiveness of the law commission
(a) Explain the role and effectiveness of the law commission The Law Commission is the main law reform body. It was set up in 1965 by the Law Commission Act It is a full time body that consists of a chairman, 4 law commissioners, support staff to assist in research, and 4 parliamentary draftsmen. The Law Commission is an independent, government-funded organisation, which reviews areas of the law that need updating, reforming or developing. It makes recommendations to Parliament, and these recommendations are published in its report series. The Law Commission helps ensure that laws provide effectively for the current and future needs of our rapidly changing society. Their role which is set out in S.3 of this act states that they should: 'keep under review all the law with a view to its systematic development and reform, elimination of anomalies, repeal of obsolete and unnecessary enactments, reduction of separate enactments, the simplification and modernisation of the law.' The advantages of this law commission is that it is a full time body which shows that it is always in operation, it is the main law reform body, they have support staff to assist in research, they have a rotating chair person which shows that they have fresh ideas and brains and they have a clear role (S.3 of the act). The topics that the law commission have to consider are referred to by the Lord
