The Nature of Law OCR Flashcards
What is the main difference between legal rules and norms of behaviour?
Legal rules are created by law-makers and enforced on behalf of the state, whereas legal norms are usually unwritten rules that arise from custom, and are enforced by community disapproval.
What does the case of London & North Eastern Railway Co. v Berriman (1946) illustrate?
Following the exact wording of a law can lead to injustice. Mr Berriman was not “relaying or repairing” the railway track, but most people would agree he was doing his job, and applying the law strictly to deny his widow compensation was unjust.
What is the standard proof in a civil case?
The balance of probabilities.
What is the standard of proof in a criminal case?
Beyond all reasonable doubt.
What is defined by “a particular system of values and principles of conduct”
Morality
What is common law?
Law that has been developed incrementally by judicial decisions (precedent). For example in contract and tort.
What is legal positivism?
a theory of law that laws must be made by the state’s highest legislative authority.
What is “natural law”?
A moral legal theory that believes that the validity of man-made laws depends on laws being compatible with a higher, moral authority.
Who is the leading theorist of natural law?
Saint Thomas Aquinas who combined the philosophy of Aristotle with Christian theology.
What is the theory of utilitarianism?
Bentham - what makes an action right or wrong is the usefulness, or value of the consequence it brings. The more an action increases overall happiness the more valuable it is. The more it decreases happiness the more reprehensible it is.
Who published “A Theory of Justice” in 1971?
John Rawls.
Which are the two key philosophers associated with “Social Justice”?
John Rawls and Robert Nozick.
What theory of justice is legal aid associated with?
Formal procedural justice. Everyone has a right to access justice, receive a fair hearing, and understand their rights and obligations in law.
Why is legal aid important?
if a person cannot afford legal representation, their right to a fair trial is being denied.
What form of Justice does The Unfair Contract Terms Act 1977 provide?
substantive justice.
