How has the law developed over time, and how does the law protect the citizen and deal with criminals?
How has the law developed over time, and how does the law protect the citizen and deal with criminals?
How has the Law Developed Over Time
- English legal system is rooted in ancient customs and conventions that have evolved over centuries.
- Original laws were mostly unwritten and enforced based on custom and traditions of the time.
- Tribute systems like Wergild, used to settle disputes in early medieval England, gradually replaced by Statute law (law made by Parliament).
- The Magna Carta (1215) was a major historical turning point – it limited the rights of the monarch and protected the rights of the individual.
- Introduction of Common law (based on Judge-made precedents) arose as society became more complex and various distinct legal systems found around the country started to unify.
- Acts of Parliament, also known as Statutes, became more important as a means of creating law. These are laws proposed by MPs, discussed and then approved by Parliament.
- The Human Rights Act (1998) incorporated the European Convention on Human Rights into the UK law, protecting rights such as the right to life, freedom from torture, and the right to a fair trial.
- Technological advancements, social changes, globalisation and international agreements have all shaped changes in the law.
How the Law Protects the Citizen
- Statute laws and the Human Rights Act provide a legal framework to secure the basic rights and freedoms of citizens.
- The law ensures equal treatment of all citizens, preventing discrimination based on race, gender, age, sexual orientation, or disability.
- Citizens are protected from harmful activities such as assault, theft, fraud, and defamation through Criminal law.
- Civil law provides remedies for harm done, including financial compensation for personal injury, property damage, or breach of contract.
- Dispute resolution systems provided by the law help citizens resolve conflicts in a peaceful manner, through negotiation or mediation.
- Data Protection laws protect citizens’ personal information, preventing misuse by organisations or individuals.
How the Law Deals with Criminals
- Criminals are detected, arrested, and prosecuted by state agencies like the police and the Crown Prosecution Service.
- Presumption of innocence ensures that suspects are considered innocent until proven guilty in court.
- Fair trials are conducted in open court before an impartial judge or jury. This involves offering the accused a fair opportunity to mount a defence.
- Punishments like fines, prison sentences, community service orders, or rehabilitative programmes, are imposed when the prosecution proves its case beyond reasonable doubt.
- The severity of punishment aims to mirror the seriousness of the offence, reflect societal disapproval, and discourage similar behaviour.
- The law also aims for rehabilitation of offenders, helping them reintegrate into society through programmes targeting underlying issues contributing to their criminal behaviour.