Unit 8 Section 4 Flashcards
What does civil law deal with
Settling disputes between individuals
What does criminal law deal with
Criminal acts
How does the civil law system work
- County court- small disputes
- High court/ -claims over 10k etc
- Court of appeal
- House of Lords(final court of appeal)
How does the criminal law system work
- Magistrates court- committal proceedings for crown courts, less serious criminal offences
- Crown court- judge and jury for indictable offences
- Court of appeal
- House of lords- final court of appeal
Do we need laws? YES
Some people need guidance
Rules educate
Protects community
Aquinas said ruled are ‘paternalistic’
Do we need laws? NO
Makes people be more truly motivated to do well
People will begin to take responsibility for their own goodness
Gives you choice
Christian view of justice
Bible/church teachings :
Imago dei- all gods children should be treated fairly
Jesus’ teachings :
Love thy neighbour , Jesus taught forgiveness
Judgement day:
Treating people unjustly is a sin
Examples of xstians
Desmond tutu - truth and reconciliation committee
What do Muslims believe about justice
Qur’an teaches that Allah wants people to act fairly towards each other : one of Allahs names means the just
Zakat and sadaqah
3rd pillar of Islam, requires Muslims to be charitable and work towards a more just society
Shari’ah law requires justice for all, all Muslims are equal under shari’ah law
Day of judgement
Example: Islamic releif
What is deterrence? For and Against
The idea that punishments should put people off re offending
For: punishments are so severe others don’t want to experience them
Against :
Most crimes aren’t premeditated
What is retribution?
For and Against
The idea that punishments should make people pay for what they have done wrong
For:
Often benefits the victim/victims family
Eg Money
Against :
Doesn’t bring dead relative back
Moral relativism
What is rehabilitation?
For and Against
The idea that punishments should try to reform criminals so they don’t reoffend
What is protection
Punishing a criminal by isolating them from society, to protect society
What are the four theories of punishment
Deterrence
Retribution
Rehabilitation
Protection
How are laws made in the uk
- Bill is introduced into the House of Commons by the GOV or and MP, for sting reading
- Bill is debated in its second reading
- Bill is analyses by a committee in the House of Commons
- Third reading in HOC , if passed sent to House of Lords
- Bill is debated in House of Lords and normally passed
- Monarch signs bill and it becomes an act of parliament