top-rated free essay

Legal Framework

By ShiqingchenChen1 Aug 04, 2014 570 Words



DPBA 180

T1 – Definition of Law

What is the Law?

The Law of a particular state is the body of rules designed to regulate human conduct within that state. This can be defined clearly as an organised system of principles and rules designed to control and influence the conduct of individuals and groups. The aim of most legal systems, officially at least, is to provide a means of resolving conflicts in a fair and harmonious way. All legal systems are strongly influenced by the major forces that shaped the society in which they operate.

Consequently there are three types of rule:

Rules, which forbid certain types of behaviour under threat of penalty.

Rules, which require people to compensate others whom they injure in certain ways.

Rules, which specify what must be done in order certain types of human activity, example: to form a company, to marry, or to make a will.

Although it is inevitable that the courts will make some rules, Parliament is the sovereign body. It can therefore impose new rules or abolish any existing rules. The basic role of the courts is to interpret these rules, decide whether they have been broken and pass sentence or make an award of compensation.

Law and Morality

The law, which is enforced by the courts, must be distinguished from what is sometimes referred to as ‘natural’ or ‘moral’ law. In many cases the rules of law and morality clearly coincide.

Example: If a person murders another, this offends both law and morality. The state will therefore punish the offender.

Sometimes, however, the rules of law and morality are not the same.

Example: Homosexual behaviour in private between consenting adults is not illegal although some people might regard it as a breach of moral law.

The term ‘natural law’ is sometimes used to refer to rules, which although not enacted are accepted as part of the legal system.

Example: The right of both sides to be heard (or to remain silent), and the principle that an accused person is innocent until proven guilty.

Law and Justice

The basic aim of law is the attainment of justice in society. However, in some situations the degree of justice hoped for is not achieved.

Example 1: Compensation for injuries usually depends on proving that someone else is at fault. If a person is injured due to his own fault, or in a ‘pure’ accident where no one is at fault, he will not receive compensation unless he is insured. This inequality is a result of the rules on negligence liability.

Example 2: The rules regarding mistake and misrepresentation in the formation of a contract often operate to determine which of two innocent parties must bear all of the loss. The loss is not divided equality, case to be referred LEWIS v AVERAY (1971).

Example 3: Sentencing policies applied by magistrates in different areas often result in substantially different sentences for very similar offences.


It would therefore be an oversimplification to say that most people obey the law because it is just, or because it coincides with their view of which is morally correct. Law is also closely related to force and authority and these relationships would have to be examined in order to properly explain the intrinsic nature of law, and to find out why most people obey the law.

Therefore law is the most ambitious and complex classification system devised by man.

Cite This Document

Related Documents

  • The Advantages and Disadvantages of Conditional Fee Arrangements for Legal Aid

    ...The conditional fee arrangement was introduced by the Access to Justice Act (AJA) 1999, as an attempt to transfer legal funding from the treasury to the private sector. This occurred as a result of an increasing and ridiculous growth in the cost of legal aid, namely from a few hundred million to well over 2.1 billion pounds from the 1980s to 200...

    Read More
  • Citation- Legal Brief

    ...Citation: Babine v. Gilley’s Bronco Shop, Inc. District Court of Appeal of Florida, First District May 13, 1986 Facts: The appellant, Michael P. Babine brought suit against Gilley’s Bronco Shop, Inc. damages from injuries sustained at Kevin’s West, Inc. a nightclub, where he was thrown off the mechanical bull “El Toro”. The mechan...

    Read More
  • legal memo

    ...Introduction: We filed a complaint last month in trial court alleging that there was negligence on the part of the store. We were seeking an award for damages. In the answer to the complaint the store alleges that Samantha Smith had a duty to avoid the spill, and was unable to fulfill that duty because she was distracted by her misbehaving chil...

    Read More
  • Legal Funding

    ...assistance from lawyers.’ (Classroom material p.1) Legal advice is important to civil cases but even more in criminal cases where liberty of a person is at stake because they would have committed a crime and they might go to prison for it therefore in criminal cases it’s vital for a person to receive legal funding. Poor and less educated peo...

    Read More
  • Legal Philosophy

    ...Legal Philosophy Positive Law Law as the Sovereign’s Command – John Austin * the subject of jurisprudence is positive law * law set by political superiors to political inferiors Command – a significance of desire In commands, unlike in other significations of desire, the one commanding has the power to inflict evil or har...

    Read More
  • Legal Positivism

    ...Canda, Lucille Ann Carreon, Joseph Valerian Timtim, Kimberly Loide Viernes, Gerald Paul Nature of Law Legal Positivism There are a lot of theorists who pioneered in the concept of Legal Positivism.But among them are two leading theorists who mainly contributed on this idea and further argued on each other’s respective opposite vi...

    Read More
  • Separate Legal Personality

    ...The incorporation of a company is an artificial person which exists as a separate legal personality. This separate personality means that the company is separate and distinct from its participants. The company needs to be treated like “any other independent person” with rights and liabilities, even if it is owned and managed by one man. It i...

    Read More
  • company a separate legal entity

    ... Contents Case Analysis Salomon v. Salomon & Co. 1897 Human Beings are generally legal person but humanity is a state of nature and legal personality is an artificial construct, which may or may not be conferred. The origin of corporation lies in a logical extension of this separation of humanity from legal persona...

    Read More

Discover the Best Free Essays on StudyMode

Conquer writer's block once and for all.

High Quality Essays

Our library contains thousands of carefully selected free research papers and essays.

Popular Topics

No matter the topic you're researching, chances are we have it covered.