The Nature of Law (AQA A-Level Law): Flashcards
📚Flashcards
Practise the cards
10 cards from this deck
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Practise the cards
10 cards from this deck
Law's function in society
Law's function in society
Mechanism of social control
Two ways rules operate
Two ways rules operate
Voluntary submission & enforceable compliance
Substantive vs procedural law
Substantive vs procedural law
Individual conflicts vs state power conflicts
Jeremy Bentham's principle
Jeremy Bentham's principle
Utilitarianism/greatest happiness principle
Roscoe Pound's concept
Roscoe Pound's concept
Social engineering - lawmakers as social engineers
What is fault?
What is fault?
Central principle running through all English law
Reasonable person test nature
Reasonable person test nature
Objective - ignores personal characteristics
Vicarious liability
Vicarious liability
Fault transferred from employee to employer
Strict liability offences
Strict liability offences
No mens rea required
Laws vs morals
Laws vs morals
Objective state rules vs subjective personal codes