Connections Between Law, Morality and Justice (OCR A-Level Law): Revision Notes
Connections Between Law, Morality and Justice
Understanding normative concepts
Law and morality are both normative concepts. This means they set out standards for how people ought to behave in society. Rather than simply describing what people do, they prescribe what people should do.
Normative concepts are ideas which establish standards of normality or acceptable behaviour. They focus on what should or ought to happen, rather than simply describing what currently exists.
The ultimate aim of following both legal rules and moral codes is to achieve justice. When laws are shaped by moral principles, justice can be delivered. For example, if someone breaches the law, justice is served when the injured party receives appropriate compensation or the wrongdoer is appropriately punished.
The challenge of universal morality
A significant difficulty arises when trying to create laws based on morality: there is no single set of moral values that every member of society accepts. Different individuals, communities and cultures hold varying moral beliefs. This creates tension when deciding which moral standards should inform legal rules.
This diversity means lawmakers must make careful judgments about which moral principles should be reflected in law, knowing that some groups may disagree with these choices. This fundamental challenge affects the legitimacy and acceptance of laws across different communities.
Differences between civil and criminal law
Civil and criminal law serve different purposes and operate through different procedures. Understanding these distinctions is essential for grasping how the English legal system functions.
Procedure
Civil law:
- The claimant can sue the defendant for a civil wrong
- The defendant may be found liable if the case is proven on the balance of probabilities (more likely than not—over 50% certain)
- Civil law is substantive law, meaning it creates legal rights and duties between individuals
Criminal law:
- The Crown prosecutes the defendant (prosecution is brought by the state, not private individuals)
- The defendant may be found guilty if the prosecution proves the case beyond reasonable doubt (the jury or magistrates must be sure of guilt)
- Criminal law is both substantive (creating offences) and public law (affecting society as a whole)
Sue means to take civil legal proceedings against a defendant. This is a formal process where one party seeks a legal remedy from another through the civil courts.
Prosecutes is the legal term for bringing a criminal charge against a defendant. Unlike civil proceedings, criminal prosecutions are brought by the state on behalf of society.
Purpose and outcomes
Civil law:
- Creates enforceable rights between private individuals
- Enforcement agencies such as the police are not involved in most civil disputes
- The primary aim is compensation, not punishment
- Remedies focus on putting the claimant back in the position they would have been in had the wrong not occurred
Criminal law:
- Creates criminal offences and punishes those who commit them
- Attracts the involvement of the Criminal Justice Service (CJS), which includes:
- The police and Crown Prosecution Service (CPS)
- The criminal courts
- HM Prison Service and HM Probation Service
- The National Offender Management Service
- The aim is to punish offenders, protect the public, deter crime and rehabilitate criminals
Understanding the Distinction: A Practical Scenario
Consider a person who drives carelessly and causes a car accident:
Civil law perspective: The injured party (claimant) can sue the careless driver (defendant) for negligence. If successful on the balance of probabilities, the driver will be found liable and must pay compensation for damages and injuries.
Criminal law perspective: The Crown Prosecution Service may prosecute the driver for the offence of careless driving. If proven beyond reasonable doubt, the driver will be found guilty and may face punishment such as a fine, penalty points, or even imprisonment for more serious cases.
Note: The same incident can result in both civil and criminal proceedings running separately.
Courts
Civil and criminal cases are heard in different specialist courts:
Civil courts deal with disputes between individuals or organisations, such as contract disagreements or negligence claims.
Criminal courts deal with prosecutions for criminal offences, ranging from minor offences to serious crimes like murder or robbery.
Key terminology: avoiding confusion
Common Exam Error: Mixing Civil and Criminal Terminology
It is crucial not to mix up civil and criminal terminology, as this is a common error in exams. Using incorrect terminology will cost you marks and demonstrate a fundamental misunderstanding of the legal system.
Always ensure you use the correct terms for the correct context.
| Civil Law | Criminal Law |
|---|---|
| Claimant | Prosecution (brought by the Crown) |
| Sue | Prosecute |
| Liable | Guilty |
| Balance of probabilities | Beyond reasonable doubt |
| Compensation | Punishment |
Key Points to Remember:
- Law and morality are normative concepts – they tell us how we should behave, aiming to achieve justice
- There is no universal moral code – different people hold different moral values, making it difficult to create laws acceptable to everyone
- Civil law aims to compensate – the claimant sues the defendant, who may be found liable on the balance of probabilities
- Criminal law aims to punish – the Crown prosecutes the defendant, who may be found guilty beyond reasonable doubt
- Different courts specialise in civil and criminal matters, with distinct procedures and purposes
- Always use correct terminology – do not confuse civil terms (sue, liable, claimant) with criminal terms (prosecute, guilty, Crown)