LAW: Section A: The Legal System
Introduction to the nature of law:-
Laws and Rules:
Legal Rules:
• a set rule created by the state or an emanation of the state message:
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• legal rules usually apply to the whole of society
• the state will enforce legal rules through the police and courts
• the courts enforce legal rules
• the courts impose sanctions on those who have not complied with legal rules
• legal rules may reflect the moral values accepted by the majority of the country,
but will not adopt or strictly follow a common religious code
• legal rules are made by; Parliament, government ministers, local
authorities/councils, and the courts
• Legal rules can also be made by the EU. Laws made by the EU sit above our
national rules and just have to followed or be brought into our UK law
Norms of behaviour/moral rules:
• there are many unwritten informal rules in society
• these develop over time within the community
• they may develop from custom, practice or be connected to religious beliefs
• there is no formal enforcement or sanction
• society or the community may express disapproval or exclude you, but there is
no formal involvement from the state
• normative values might relate closely to our ideas/beliefs about what is morally
right and wrong
• Norms of behaviour do not always apply to the whole of society but may in fact
only apply to a particular group
Legal Systems:
Legal systems refers to the laws and procedures which a particular country of the
world follows.
Our legal system is called the English legal system. The English legal system applies
in England and Wales. The English legal system is a common law legal system.
Types of legal systems:
• common law systems
• civil law systems
• mixed law systems
• customary law systems
• religious law systems
Common law legal systems:
• no written code
• includes law/rules which have been developed by the courts through case law
• system develops form customs and traditions within the country
• judges make rules and interpret meaning of law
• some laws are written down. there will be some statutory laws- made by
parliament
• UK, Canada, Australia, New Zealand and USA- have common law system
• judges are impartial in court- hear both party’s evidence and act as a
referee(arbiter)
Introduction to the nature of law:-
Laws and Rules:
Legal Rules:
• a set rule created by the state or an emanation of the state message:
%3
• legal rules usually apply to the whole of society
• the state will enforce legal rules through the police and courts
• the courts enforce legal rules
• the courts impose sanctions on those who have not complied with legal rules
• legal rules may reflect the moral values accepted by the majority of the country,
but will not adopt or strictly follow a common religious code
• legal rules are made by; Parliament, government ministers, local
authorities/councils, and the courts
• Legal rules can also be made by the EU. Laws made by the EU sit above our
national rules and just have to followed or be brought into our UK law
Norms of behaviour/moral rules:
• there are many unwritten informal rules in society
• these develop over time within the community
• they may develop from custom, practice or be connected to religious beliefs
• there is no formal enforcement or sanction
• society or the community may express disapproval or exclude you, but there is
no formal involvement from the state
• normative values might relate closely to our ideas/beliefs about what is morally
right and wrong
• Norms of behaviour do not always apply to the whole of society but may in fact
only apply to a particular group
Legal Systems:
Legal systems refers to the laws and procedures which a particular country of the
world follows.
Our legal system is called the English legal system. The English legal system applies
in England and Wales. The English legal system is a common law legal system.
Types of legal systems:
• common law systems
• civil law systems
• mixed law systems
• customary law systems
• religious law systems
Common law legal systems:
• no written code
• includes law/rules which have been developed by the courts through case law
• system develops form customs and traditions within the country
• judges make rules and interpret meaning of law
• some laws are written down. there will be some statutory laws- made by
parliament
• UK, Canada, Australia, New Zealand and USA- have common law system
• judges are impartial in court- hear both party’s evidence and act as a
referee(arbiter)
