Nature of law

Question 1

What is law?

Answer 1

The enforceable body of rules that govern society.

Question 2

What are rules?

Answer 2

Rules are normative. Meaning rules set a standard for how things ought to be, rather than how they are./ Rules are normative in that they establish a standard or benchmark of how one ought to conduct himself.

Definition: A general mandating or guiding conduct or actions in a given type of situation.

Question 3

What are the concepts of law?

Answer 3

These are the theories of law. These different theories govern different people and societies.

Question 4

What are the theories of law?

Answer 4

Natural law & Positive law

Question 5

What is natural law?

Answer 5

Natural law is believed to be law which is shaped by a divine being thus provides the guidelines for proper moral behavior to be exhibited and practiced by mankind.

Thus according to Eversley natural law can be seen as true law that emanates from divine beings.

Question 6

What is Natural law shaped by?

Answer 6

Natural law is directly shaped by religion, moral or ethical consideration.

Question 7

What is positive law?

Answer 7

Positive law is secular or man-made law created by the sovereign and must be obeyed even when unjust or repressive.

Question 8

What were the main components of positivism recognized by Hart?

Answer 8

1. Law as a command enforced by coercion
2. Law and morality are essentially separate
3. Analysis of legal concepts is distinct from historical and sociological studies and moral judgments cannot be proven by rational arguments
4. A legal system is based on logic so that correct decisions can be deduced from legal rule.

Question 9

What are the functions of law in a society?

Answer 9

-Bring cohesion to maintain order within a society 
To maintain and regulate:
-Order 
-Control 
-Structure 
-Peace 
-Stability 
-Unity 
-Cohesion in society

Question 10

What is the nature and characters of law? (iffy question)

Answer 10

• It’s role in society and the purpose served
• The reason why law is obeyed
• The relationship with justice

Question 11

Who is William the Conqueror?

Answer 11

He introduced a single system of law in England because he sought to achieve unity and cohesion within the legal system in England, thereby improving it and rendering it more effecient.

Question 12

This is just an example of how you should identify bits of legislation

Answer 12

Section 37 of the Coroners Act, cap. 4.03, Laws Guyana states: ….

Question 13

What is the origin of Commonwealth Caribbean Law based on?

Answer 13

It is based on reception after:

• The unification of English law and after the Norman Conquest
• Slavery
• Colonization

Question 14

What is reception?

Answer 14

The action or process of receiving something sent, given or inflicted.

Question 15

How did reception affect the Commonwealth Caribbean?

Answer 15

The English brought common law and equity as they colonized Caribbean territories. They imposed their laws in the Caribbean on the indigenous people and slaves and these practices stuck and majority are even practiced today.

Question 16

Give 3 examples of territories which experienced reception and what they are governed by.

Answer 16

• Antigua: The Supreme Court of Judicature Act, Cap 81
• The Bahamas: Declaratory Act, 1799
• Barbados: The Supreme Court of Judicature Act, Cap 117, Section 32 & 37
• Jamaica : The Interpretation Act, Cap 165, section 37
• Trinidad and Tobago: The Supreme Court and Judicature Act, Cap 4.01 section 12

Question 17

Describe the Norman Conquest in 11th Century A.D

Answer 17

It established a unified legal system in England. William the conqueror gained the English throne in 106 and established a centralized government.

Question 18

How may the nature of law be characterized?

Answer 18

By its rule that seek to create and maintain order in society
In other words the nature of law is to be found in its normative or rule making content.

Question 19

Describe the morality and ethics of a society.

Answer 19

This is concerned with disapproval in one way or another of what is deemed to constitute unacceptable conduct.

DEFINITION: Constitutes ‘That right reason’, which exists within all men and which leads us to distinguish right from wrong and good from evil.

Question 20

What is morally upright behavior?

Answer 20

Usually the socially acceptable manner in which one conducts oneself in respect to matters concerning:

• Sexual relationships
• Money transactions
• Attitudes towards one’s spouse, family and even strangers.

Question 21

What is religion?

Answer 21

Recognition on the part of man of how some higher unseen power as having control of his destiny and as being entitled to obedience reverence and worship.

Question 22

Explain the case R v. Knuller case Ltd[1972] 3 WLR 143. (relationship between law and morality)

Answer 22

In the case, the appellants were directors of a company that published a fortnightly magazine. On an inside page under a column headed ‘Males’, ads were inserted inviting readers to meet the advertisers for the purpose of homosexual practices.
Rebellion
quickly spread from the parish of St. Phillip to neighboring
parishes where there were minor outbreaks of arson but no
skirmishes with the militia. However in parishes such as St.
Lucy and St. Peter there was no reported fighting. Up to
seventy estates were affected, leaving whites fleeing to
Bridgetown in considerable panic.

Question 23

How are moral rules social rules?

Answer 23

Moral rules are social rules, in that they lay down how we should conduct ourselves in relation to others but not at all- social rules are moral rules.

Question 24

Why do law and morality coexist?

Answer 24

-Law and morals exist simultaneously to uphold the rules of proper social behavior that is necessary for achievements of social cohesion in every well-ordered society.

Question 25

Explain the case Shaw v DPP (1962).- relationship between law and morality.

Answer 25

In SHAW v DPP (1962) Shaw had published a ladies
Directory with the aim if helping prostitutes to ply
their trade. The magazine contained names,
addresses and telephone numbers of prostitutes with
photographs and nude female figures. There were
also details revealing that the prostitutes would be
available not only for ordinary sexual intercourse, but
also they would be willing to engage in various
perverse practices. Shaw received fees from the
prostitutes, as well as profit from the magazine.

Question 26

What were the outcome if the Shaw v DPP case (Held)

Answer 26

-Shaw was convicted of : conspiring with others to corrupt
public morals; living wholly or in part on the earning of
prostitution; and publishing an obscene publication.
-Shaw appealed. The issue was whether the offense of
conspiracy to corrupt public moral was an indictable
misdemeanor at common law. Lord Diplock said ‘Shaw’s
act of publishing act of publishing advertisements for
prostitutes soliciting fornication tended to corrupt public
morals . Therefore Shaw’s agreement to do that act was a
crime at common law.
-The court of appeal upheld a conviction against Shaw on
the charge of “conspiring to corrupt public morals”

Question 27

Give an example of how Christianity has shaped English law.

Answer 27

• The religious rules “thou shalt not steal’ and ‘thou shalt not kill’ have been made law
• Wearing of the bib by members of the legal profession

Question 28

What Carib country has relinquished the use of the bib?

Answer 28

Guyana

Question 29

Explain the Donoqhe v Stevenson (1932) case. - law and religion

Answer 29

Famous case wherin one’s neighbor at law is deemed to be anyone who is likely to be affected by one’s actions.