A Definition of Law
"The body of principles recognised and applied by the state in the administration of justice"
Sir John Salmond
Law & Rules
Law applies to a whole country and to every individual who lives there. Rules on the otherhand usually only apply in certain institutions and to a limited number of people, for example, members of a club or students in a college. Rules can also apply generally in some societies, for example, moral rules which people follow even though there is no legal sanction if you don't.
Law & Morality
Moral values are all about how people should live their lives. Moral values will vary considerably between different cultures and even sometimes between individuals within a certain culture. Most people & cultures will agree that certain activities are morally wrong, for example, murder and most societies will punish murderers through their legal system for this crime. Some actions are considered morally wrong but are not made illegal, for example, in England & Wales the majority of people would consider adultery to be morally wrong however in our legal system it isn't considered to be a crime. There are countries and cultures where adultery is considered morally wrong and it is also made illegal by the state. The moral values of a country have a profound influence on how its laws develop, however, there are nearly always activities that the majority of society consider immoral yet they are not punished by the law. On the other hand some activities may not be seen as immoral but will still be made a crime by the state, for example, going slightly over the speed limit on the motorway.
For more comprehensive notes on law & morality click here (Sixth Form Law Website)
Law & Justice
"People who love sausage and people who believe in justice should never watch either of them being made"
Otto Bismark
Many people believe that applying the law in the same way to all cases will produce justice, this is not necessarily the case. Too rigid application of the law can in fact produce injustice. One area of the law in England & Wales where there has been a lot of debate is on the amount of force a person can use on a burglar who breaks into that person's home. What is a reasonable amount of force? If the householder uses too much force should the burglar be able to claim compensation against him or her for their injuries?
For more comprehensive notes on law & justice click here (Sixth Form Law Website)
The Rule of Law
The Rule of Law, simply stated, is the principle that no one is above the law. The most important application of the rule of law is the principle that governments only exercise their authority in accordance with the laws & established procedural steps that are referred to as due process. The principle is intended to be a safeguard against arbitrary governance, whether by a totalitarian leader or by mob rule. Thus, the rule of law is hostile both to dictatorship and to anarchy.
Dicey gave an explanation of the rule of law in the nineteenth century, as follows;
Recent legislation such as the Constitutional Reform Act 2005 has enshrined the principle of the rule of law in legislation for the first time. The Human Rights Act 1998 has gone some way to ensure that some of our basic rights cannot be removed by the state and are actionable in our own courts.
For more comprehensive notes on the rule of law click here (Sixth Form Law Website)
Criminal & Civil Law - What's the difference?
Table showing the key differences between the civil and the criminal law
|
Civil Law |
Criminal Law |
| Purpose of the law |
To uphold the rights of individuals |
To maintain law & order and to protect the public |
| Person starting the case |
The individual whose rights have been infringed |
The state through the police & the Crown Prosecution Service (CPS) |
| Legal term for person starting the case and name of courts used |
Claimant - County Court & High Court |
Prosecution - Magistrates' Court & Crown Court |
| Who makes the decision |
Judge |
Magistrate or a Jury |
| Legal term for decision |
Liable or not liable |
Guilty or not guilty |
| Standard of proof |
On the balance of probabilities |
Beyound reasonable doubt |
| Outcome of case |
An award of damages, injunction, specific performance, recission or rectification |
Prison, fine, community order, suspended sentence or discharge |
Key differences between civil & criminal law explained
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The terminology used - the defendant in a civil case is found liable or not liable, in a criminal case the defendant is found guilty or not guilty (Sometimes called convicted or acquitted). The person bringing a civil case is called the claimant (previously known as the plaintiff), the person bringing a criminal case is called the prosecution.
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The courts where the cases are heard - Civil cases start in the County Court or High Court whereas criminal cases are heard in the Magistrates Court or the Crown Court.
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The standard of proof - There is a lower standard of proof in civil cases which must be proved on the balance of probabilities, i.e. something probably happened (you could say you only need to be 51% certain of the claimant's case). Criminal cases must be proved beyond reasonable doubt, a much higher standard of proof (99.9% certain that the prosecution are right). Why do you think the standard of proof is higher in criminal cases?
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Purpose of the law - in civil cases the aim is to uphold a person's rights, often the aim is to put the wronged individual back into the position they were before the civil wrong had taken place. The aim of the criminal law is to uphold law and order and to protect society & property from harm.
To test your knowledge on this area complete the gap-fill exercise by clicking
here (This takes you to the Oldham Sixth Form College website)