1.1 Distinction between enforceable legal rules & principles and other rules and norms of behaviour Flashcards
What is the distinction between enforceable legal rules and other norms of behaviour?
Enforceable legal rules are made by the state and administered by state organisations, while other norms, like social etiquette, are not enforceable and are followed by choice.
Examples of non-enforceable norms include the rules of football and social etiquette.
What are the four categories of legal rules and regulations?
- Procedural laws
- Substantive laws
- Public laws
- Private laws
These categories help to classify the different types of legal rules in the legal system.
What is the purpose of procedural laws?
Prescribe the framework in which other laws are made and enforced.
Procedural laws include rules about how trials are conducted and the procedures for lawful arrests.
What do substantive laws create and define?
Legal rights and obligations.
Examples include criminal laws and laws related to employment rights and divorce.
What do public laws govern?
The relationship between the state and its citizens.
Public laws include criminal laws and laws defining the powers of government institutions.
What do private laws create?
Rights enforceable between individuals; they are mainly substantive in nature.
Private laws often deal with disputes between private parties.
Fill in the blank: The _______ and Criminal Evidence Act 1984 provides a procedure for lawful arrests.
Police
This Act is an example of procedural law.
True or False: We obey laws because we choose to.
False
We obey laws because they are enforceable by the state.
In the context of the UK, to what does the word ‘state’ refer?
The institutions and authorities that govern society, including Parliament, government, and law enforcement.
Understanding the concept of ‘state’ is crucial for analysing public laws.
