The Nature of Law
The study of the relationship between law and morality, focusing on the distinction between legal and moral rules, the diversity of moral views in a pluralist society, the importance of the relationship between law and morals, and the legal enforcement of moral values.
Subtopics in this area
The Nature of Law Revision Guide
Topic Overview
The Nature of Law is a foundational topic in WJEC A-Level Law, exploring what law is, its purpose, and how it differs from other rule systems. It examines the distinction between legal rules (enforced by the state) and non-legal rules (like moral or social norms), and introduces key concepts such as justice, morality, and the rule of law. Understanding this topic is crucial because it provides the theoretical framework for all other areas of law, from criminal to contract law.
This topic also delves into the classification of law into public and private law, civil and criminal law, and the hierarchy of legal sources (statute, common law, equity). Students will analyse the relationship between law and morality through case studies like the Hart-Devlin debate, and consider the role of law in achieving social justice. Mastery of these ideas is essential for critically evaluating legal principles in exams and for developing a deeper appreciation of how law shapes society.
In the wider WJEC syllabus, the Nature of Law connects to topics like the English Legal System (e.g., judicial precedent, legislation) and substantive law areas (e.g., criminal law, tort). It also underpins discussions on law reform and the impact of human rights. By grasping the nature of law, students can better understand the rationale behind legal rules and the ongoing tension between legal positivism and natural law theories.
Key Concepts
Core ideas you must understand for this topic
- →Legal vs. non-legal rules: Legal rules are binding and enforced by the state (e.g., the Offences Against the Person Act 1861), whereas non-legal rules (e.g., moral codes, school rules) lack formal sanctions.
- →The rule of law: A core principle that no one is above the law, laws are clear and predictable, and justice is administered impartially (e.g., the case of Entick v Carrington).
- →Classification of law: Public law (constitutional, administrative, criminal) governs the relationship between the state and individuals; private law (contract, tort, property) regulates disputes between individuals.
- →Law and morality: The overlap and conflict between legal rules and moral values, illustrated by the Hart-Devlin debate on legal moralism (e.g., the Wolfenden Report and the Suicide Act 1961).
- →Legal positivism vs. natural law: Positivism (e.g., Austin, Hart) argues law is a command from a sovereign, separate from morality; natural law (e.g., Aquinas, Fuller) contends that unjust laws are not truly law.
What You Need to Demonstrate
Key skills and knowledge for this topic
- Distinction between law and morals
- Diversity of moral views in a pluralist society
- Importance of the relationship between law and morals
- Legal enforcement of moral values
- Ability to identify and explain the rule of law
- Understanding of the role of human rights in society
- Analysis of the meaning and importance of fault in civil and criminal law
- Demonstration of how the law balances conflicting interests between parties
Marking Points
Key points examiners look for in your answers
- Distinction between law and morals
- Diversity of moral views in a pluralist society
- Importance of the relationship between law and morals
- Legal enforcement of moral values
- Ability to identify and explain the rule of law
- Understanding of the role of human rights in society
- Analysis of the meaning and importance of fault in civil and criminal law
- Demonstration of how the law balances conflicting interests between parties
- Evaluation of the tension between public interests and private interests
- Discussion on the subordination of individual rights to community interests
- Definition and understanding of the concept of 'justice'.
- Knowledge of various theories of justice.
- Ability to evaluate how substantive legal rules achieve or fail to achieve justice.
- Ability to evaluate how legal institutions and processes create barriers to justice.
- Application of critical awareness regarding the operation of law in society.
Examiner Tips
Expert advice for maximising your marks
- 💡At A2, learners are required to analyse and critically evaluate legal issues by identifying different perspectives.
- 💡Support arguments by reference to relevant legal rules, principles, and authorities.
- 💡Demonstrate the ability to counter alternative viewpoints.
- 💡Use specific legal authorities and case law to substantiate arguments regarding the role of law in society
- 💡Ensure that evaluation includes different perspectives, particularly when discussing the balancing of conflicting interests
- 💡Practice identifying the strongest viewpoint and countering alternative arguments as required by A2 assessment criteria
- 💡Focus on the 'pervasive nature' of law by considering how it affects various aspects of social interaction
- 💡Use specific examples of legal institutions or rules to support arguments about justice.
- 💡Ensure a balanced evaluation by considering both how justice is achieved and where barriers exist.
- 💡Refer to relevant legal authorities and theories to substantiate arguments.
- 💡Structure essays to demonstrate critical awareness of the influence of law in society.
- 💡Use specific case law and statutes to support your arguments. For example, when discussing law and morality, reference R v Brown (1993) to show how the law can override consent in cases of public morality.
- 💡Always define key terms like 'legal positivism' and 'natural law' before evaluating them. Examiners look for precise definitions and then critical analysis, not just description.
- 💡Structure your essays with a clear thesis. For instance, in a question on whether law should enforce morality, take a stance (e.g., 'Law should only enforce morality where harm is caused') and use examples like the Hart-Devlin debate to back it up.
Common Mistakes
Pitfalls to avoid in your exam answers
- Failing to link theoretical concepts of law and society to practical examples or case law
- Providing descriptive accounts of legal rules without evaluating the underlying social impact
- Ignoring the specific context of the Welsh and English legal systems when discussing societal influence
- Confusing the distinction between public and private interests in legal disputes
- Describing legal processes without evaluating their effectiveness in achieving justice.
- Failing to link theoretical concepts of justice to practical legal examples.
- Ignoring the 'barriers to justice' aspect of the specification.
- Providing purely descriptive answers instead of critical evaluation.
- Misconception: All moral rules are also legal rules. Correction: Many moral rules (e.g., lying to a friend) are not legally enforceable; only those deemed necessary by society become law (e.g., perjury is both immoral and illegal).
- Misconception: Civil law and criminal law are the same. Correction: Criminal law punishes wrongdoing against the state (e.g., theft), while civil law resolves disputes between individuals (e.g., breach of contract) with remedies like damages.
- Misconception: The rule of law means laws are always fair. Correction: The rule of law requires laws to be clear, accessible, and applied equally, but it does not guarantee substantive justice (e.g., apartheid laws were legally valid but unjust).
Frequently Asked Questions
Common questions students ask about this topic