Law and classifications

Aim – How law is classified and its impact A) Explore what is the law B) How it is classified C) Appreciate how laws work on many levels D) Apply some of the knowledge to a basic scenario

A) What is the law? law noun (RULE)  ”a rule, usually made by a government, that is used to order the way in which a society behaves” Cambridge law dictionary

Why have it? Express “right” and “wrong” behaviour/standards in a country Protection people/rights Settle disputes between citizens Provide a sense of order and structure To punish (criminal) To compensate (civil) Etc…..

Is it important? It affects every aspect of our lives How we live, work and even socialise Affects you before you are born and after you die Helpful to consider how it is categorised or classified Classifying law is like looking at a bowl of fruit, how?

B) Classifications - not an easy task

Much depends on context Analogy (like) looking at the bowl Fruit can be categorised by colour, size, origin BUT There are overlaps e.g. lemons and bananas are yellow but lemons are citrus fruits, bananas are tropical Bananas thus could fit into another category of tropical fruit, mango which are orange/green in colour Like fruit, understanding the category depends on how you choose to classify them

Law covers a wide area – C) The layers

Classify via International law or National law – referred to Public International Law External relations between states and international institutions e.g. UK and China, UK and UN. Usually via Treaty / Conventions / Custom / Usually via consent Regulates The sea, telecommunications, transportation of people, goods, transfer of money between states, war etc. The E.U. works at this level (at least until 23rd June 2016)

Classify via system Civil system - Used in continental European countries via Roman Empire - Law created by state as collection of codes via principles stating the law The judge interprets and applies them Common law system UK system exported to colonies e.g. USA and Commonwealth Based on case law and judges setting and developing the law according to cases before them

Classify via source Common law (see earlier) was via case law – made by judges = precedent Statute law – made by democratically elected Parliament Equity – deals with limits of common law and allows law to develop on fairness and good conscience Some areas are mainly common law e.g. Murder / Contract law In reality a situation involves a mix of these e.g. Employment law

Classification via public and private law

National law can be public or private Public law Constitutional Powers of government and organs / UK has no Written constitution but guidelines and conventions Relation between individual and state “detention must be lawful” Administrative Individual and government departments that administer policy e.g. NHS Criminal prohibits anti-social behaviour

Private / Civil law Contract Rights and obligations of people entering into contractual agreements Tort Impose standards of behaviour on individuals on Duty of Care – failure leads to breach Succession Law of wills Family Controls private relationships marriage, partnerships, children, termination of partnerships There are lots of others

D) Application of law Where do these cases fit in? 1 Nazeem makes a will leaving money to his sisters and brothers 2 Jim is guilty of murder 3 UK and Spain sign a treaty 4 Jo knocks down a pedestrian via driving too fast on the way to work 5 Tom and Barry decide to terminate their civil partnership 6 Cass operates on a patient after drinking at lunchtime and the patient dies as a result

Classification affects language of the law

Aim – How law is classified and its impact A) Explore what is the law B) How it is classified C) Appreciate how laws work on many levels D) Apply some of the knowledge to a basic scenario