TMA1 W101 Law and Morality and the UK Legal System.

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Katie W****                W101

PI: ************                TMA 01


  1.  National and International Law differentiate in many ways such as the process of the making of the law and the enforcements and the way in which they govern. International Law governs the rights and duties, behaviour and actions of the state in relation to bodies of government, states and countries. National Law on the other hand is the Law within the state. It governs the behaviour and actions of legal persons within the state.

  1. Common Law and statutory Law are two classifications of sources of law in the common law system followed by most countries. A combination of both is essential for justice to be served. New laws are created by the decision made by judges in Common Law, based on decisions made in previous cases. In Statutory Law, the laws are created by parliament. Common Law is based on case law and Precedent, whereas Statute law is written law.

  1. National law is divided into Public Law and Private Law, both being subdivided into different categories. Differences include the way in which they govern and the way they form. Public law forms Constitutional, Administrative and Criminal law which are laws that govern the relationship between the individual and the state. Private law includes laws such as Contract, Tort, Law of Succession and Family Law which governs relationships between individuals, contracts and the Law of Tort.

  1. Civil Law and Criminal Law are two types of Law with separate Laws and punishments. Civil law handles disputes between the claimant and defendant where a settlement of compensation is usually made. It aims to redress a wrong to provide a remedy for the victim. Criminal Law is a type of Public Law that deals with crimes and punishments maintaining the state by punishing the wrong doer. The standard of proof in a civil claim is preponderance of evidence and in a criminal case, beyond reasonable doubt.
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  1.  Law plays a massive role in society and there are different theories about its purpose; for survival, to provide order and to provide social cohesion. Hart argues that law is essential for human survival as there are limits on behaviour before punishment. Hart also believed that the main function was to simply allow humans to survive in a community. French sociologist Emile Durkheim argued that law played an important role in social cohesion, developing and keeping society together. He suggests that law achieves social cohesion, or we would not have a technology advanced society. Then ...

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