Critical Examination of Shaw v DPP and Rule of Law Implications

This report provides a case study analysis of Shaw v. Director of Public Prosecutions, focusing on the application of the rule of law. The report begins with an introduction to Westlaw as an online legal research service and its role in legal research, including international law. The main body critically ex...Read More

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INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
Critically examine the problems the decision in Shaw presents in terms of the rule of law.......3
CONCLUSION................................................................................................................................4
REFERNCES...................................................................................................................................4
Books and journals..........................................................................................................................4
Johnson, J.E., Lower, L.M., Scott, B.F. and Manwell, A.K., 2018. The public/private divide: an
analysis of American law relative to recruiting and transfer policies in interscholastic
athletics. International Journal of Sport Policy and Politics, 10(3), pp.493-508.............................4

INTRODUCTION
Westlaw is an online legal research service which is related to research that has been
done over law. Various kinds of law related activities that is included within the research and in
this research is included of international level. It covers various aspects like legal materials,
federal and state statutes, and legal periodicals; maintained by the West Group of Thomson
Learning, Inc. Such kind of research related organizations has been helping in developing
understanding over various kinds of law. This file is based over a case study and critical
evaluation of it has to be done in terms of international law.
MAIN BODY
Critically examine the problems the decision in Shaw presents in terms of the rule
of law
Shaw v. Director of Public Prosecutions, House of Lords in this the facts of the case
are Shaw published a booklet that contained names and address of prostitutes. These ladies were
open for being contacted about sexual services. In this Shawn was claimed for indulging into
prostitute’s assistance and trade1. He was dragged by the legislative charge. Also he plead guilty
over the charges that has been brought against him. Charges included charges of conspiracy to
corrupt public morals, living on earnings of prostitution and publishing an obscene Article. Issue
that has been raised in this case at trial several prostitutes confirmed that Shaw’s advertisements
helped their business and that they paid for his services. The jury was not directed about Shaw’s
honesty of purpose and convicted him. Shaw’s appeal was rejected by the Court of Criminal
Appeal. It was held by court that test of obscenity is being applied that has been given under
Obscene Publication Act 1959. Further court applied Section 30(1) of Sexual Offence Act 1956.
This case was held that corrupt public morals existed which was considered under the part of
common law and evidences related to it was left to jury. Also the appeal made by him was
rejected and court found that defendant’s decision to feature prostitution adverts within the
magazine which was published by him for the purpose of welfare of society. It is the duty of
court to protect moral values of public and seek towards their safety also. This is meant that court
was able to make offence over adapting upon changing standards in life with regarding of both
morals and values existing in society. That is why it created new offence regarding conspiracy to
corrupt moral and established it as a charge. This is not a written crime but was considered to be
a legal charge. In this case rule of law is applied. Rule of law is the process by which an
institution, practice or norm has been supported which provided equality among citizens. As it
related to equality and in this case moral is being disturbed which could have harmed equality.
This is the reason why rule of law is applicable in this case.
1 Bhardwaj, R.K. and Madhusudhan, M., 2016

CONCLUSION
This file case study is discussed that is based over case study in which public moral is
included and its relevancy with rule of law is explained.
REFERNCES
Books and journals
Bhardwaj, R.K. and Madhusudhan, M., 2016. Comparative analysis of online legal information
sources in Indian environment. New Library World.
Hand, D. and Terrell, M., 2019. Bridging the Gap Between University and Practice: Findings
from a Study on Legal Research Education. Legal Information Management, 19(3),
pp.131-137.
Johnson, J.E., Lower, L.M., Scott, B.F. and Manwell, A.K., 2018. The public/private divide: an
analysis of American law relative to recruiting and transfer policies in interscholastic
athletics. International Journal of Sport Policy and Politics, 10(3), pp.493-508.
Letterie, G. and Fox, D., 2019. Frequency and claims basis for lawsuits over lost, discarded and
damaged frozen embryos over a 10 year period. Fertility and Sterility, 112(3), p.e70.
Thiels, C.A., Habermann, E.B. and Zielinski, M.D., 2018. Surgical Residents and Medical
Malpractice—Reply. JAMA surgery, 153(4), pp.395-395.
2
2 Thiels, C.A., Habermann, E.B. and Zielinski, M.D., 2018