Introduction to Law: An Analysis of the English Legal System

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INTRODUCTION TO LAW
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Table of Contents
Introduction......................................................................................................................................3
Discussions......................................................................................................................................4
Conclusion.......................................................................................................................................8
References........................................................................................................................................9
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Introduction
Law identifies the particular system of rules and the regulations that are followed by a certain
country. However, it is almost difficult to ascertain the importance of law in few words. The
current project will emphasize on the role as well as the principles and the functions of law. The
other factors like the key legal principles and the attributes will also be included in the sections.
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Discussions
There have always been certain debates as to the role of law in the society. The confusions arise,
as most of the individuals tend to confuse this with morality and moral value. However, it needs
to be understood that law and morals are never same, in fact considering law, as morals will of
course defame it in all aspects. In case of society, law serves ample functions as well as
purposes. The four principle roles of law includes establishment of the standards, maintaining
the order , resolving the social as well as the personal disputes and last but not the least
protecting the liberties and the rights of the citizens. In fact, in case of UK, law serves as a
guideline for the minimal social acceptable behaviour. There are of course manifold applications
of law apart from it.
The law is of course significant for the society as it provides a clear guideline as to what can be
done and what can be not. In most of the cases, law makes the society a more acceptable place
to live. There have been instances when the applications and the implementations of law have
reduced the crime rates and have actually made the society a much better place to live in. Thus,
it can be said that law makes the human society inhabitable. It would never be an exaggeration to
say that without law, living in the society will be almost impossible1.
The English law identifies the legal systems that are followed by the English judicial system.
The English judicial systems of the country identify the presence of a number of principles and
the functions of law. The UK legal system is one of the oldest forms of law and the law is based
on those of the common principles.
The UK legal system identifies the presence of six of the main and the significant functions and
these have been included in the sections. The six significant functions of law include
establishing and maintaining peace in UK, shaping up the moral standards of the country and
hence the society of UK, promotion of the social justice, promoting the orderly change of social
justice, promoting a proper compromise basis and last but not the least facilitating the presence
of a proper plan. It is essential for each citizen of UK to have an in-depth idea of all of the
factors2. The UK law system also identifies that same law is applied for everyone and there is
1 Reference. (2019). What Role Does Law Play in Society?. [online] Available at: https://www.reference.com/world-
view/role-law-play-society-8a80d15a376777cb [Accessed 13 Feb. 2019]
2 Wps.pearsoned.co.uk. (2019). 1. The Importance of Law. [online] Available at:
http://wps.pearsoned.co.uk/ema_uk_he_mcbride_letters_3/248/63704/16308274.cw/content/index.html [Accessed
4

actually no biasness followed in any case of the law. It also deserves to be mentioned that the
law that is practiced in most of the cases can be subdivided into two distinct divisions and these
are the written law and the unwritten law. Introduction of morality is seen in such unwritten legal
contexts. The written law is the most important source of law and hence is considered in most of
the cases.
Like the functions, there are also certain principles that help in guiding the UK law systems. It is
essential for each law that is practiced in the country to abide by these principles. It has been
identified that the UK law system follows the following principles and these are legal certainty,
equality, fairness, accountability. The accountability states that the private sectors along with the
government are accountable under the law. The fairness of law, assures that the rule of law is
equally applicable to everyone in the country3. While the legal certainty assures that, the laws
that are practiced in UK are actually enacted upon in the different situations.
The UK legal system follows some of the significant sources of law and these are the statutes,
common law, delegation legislation, common law and of course the EU law. The meaning and
the importance of each of them varies from the other.4 The statutes are the laws that are actually
originated from the UK parliament. Some of the common examples of these type of laws is the
Equality Act 2010 (EqA 2010). In statutes, each of the laws follow a certain chapter, that usually
has green colour. The delegated legislations contrarily give any minister or political parties to
make certain decisions and hence enact the laws. In this case, the statutory instruments serve as
the principal vehicles for the laws. The common law on the other hand identifies the laws that
are implemented through the previous cases that have occurred in UK and Wales particularly
from the 11th century and onwards5. The common law forms the basic laws of UK that are
followed in almost every of the cases that are occurring in UK. The common laws in most of the
cases form the principle laws that are followed in almost all of the cases. Example the law of
13 Feb. 2019].
3 Oxfordbibliographies.com. (2019). General Principles of Law - International Law - Oxford Bibliographies - obo.
[online] Available at: http://www.oxfordbibliographies.com/view/document/obo-9780199796953/obo-
9780199796953-0063.xml [Accessed 13 Feb. 2019]
4 Lawteacher.net. (2019). Explain the sources of English law. [online] Available at: https://www.lawteacher.net/free-
law-essays/constitutional-law/explain-the-sources-of-english-law-essays.php [Accessed 13 Feb. 2019].
5 Businesslawbasics.com. (2019). Chapter 3: Purposes and Functions of Law. [online] Available at:
http://www.businesslawbasics.com/chapter-3-purposes-and-functions-law-1 [Accessed 13 Feb. 2019]
5

Torts and the Contract law. The EU law on the other hand identifies the particular laws that are
affected automatically in the entire member states of UK extensively.
Some of the other sources of law include the parliament conventions, general customs and the
books of authority6.
For having an in depth understanding of the applications of law and statutes in UK as well as its
suburbs, proper case study can be discussed. The case study of Brigham & Cowan V/s Hotlby
in the year 2000 can be considered in this case. The claimant Holtby raised a case against the
organisation in Brigham & Cowan in the year 2000 in Court of Appeal. The claimant stated that
he was exposed to asbestos throughout his working life due to which he even suffered asbestosis.
The claimant further added that he had been working for the defendant for the past 12 years
through which he was exposed to asbestos on a daily basis. Contrarily for all the other employers
that he worked, he was exposed to asbestos for a period of 5 years only. The judge, who held the
trial, conducted a complete assessment of the damages that have thus been conducted to him for
getting a precise idea about the years that the claimant had worked for the defender.7 This was
done for accessing the exact damages that have thus been caused to him by the defender. The
claimant appealed a complete compensation of the losses that have thus been caused to him
owing to the prolonged exposure to asbestos.
In the trial that was thus held, the claimants appeal for the full compensation was however
defended and it was decided that the defendant would only provide compensation for the
damages that are caused by them.
Another case that deserves a mention regard is the case of Barry V/s Heathcote Ball. The
claimant stated that despite of submitting the only (and the highest bids) at a particular auction,
the defender refused to sell the items at that price. The items to be auctioned were the two Alan
Smart Engine Analysers that were worth of $ 14,000. Even after submitting the bids of $200
each the defender refused to sell the items at that price. As a result, the claimant demanded an
action for the breach of contract claiming overall damages of $ 27,600.
6 Raz, J. (2019). The Functions of Law *. [online] Oxfordscholarship.com. Available at:
http://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780198253457.001.0001/acprof-9780198253457-
chapter-9 [Accessed 13 Feb. 2019].
7 Brighamresources.net. (2019). Brigham Resources. [online] Available at: http://www.brighamresources.net/
[Accessed 13 Feb. 2019]
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After the trial was held, the judge gave the verdict in support of the claimant stating that he will
be subjected to the damages. The case further highlighted the fact that whenever an auction
occurs without proper reserve, the auctioneer has the full rights to make a proper unilateral offer,
which is accepted after the highest bid is submitted. Thus, in this case also, there was also a
certain binding contract that the defender was supposed to follow throughout the entire process.
Since, nothing of that sort happened; hence, the claimant was entitled to all of the damages thus
covering the entire losses that occurred to him owing to the bargain8. Thus, it can be stated that
there is of course some significant difference among law and morality. The concept of morality
is rather social or behavioural and it provides an idea as to what one should do and one cannot.
Laws and the regulations on the other hand provide an idea about the acceptable human
behaviour in the society.
8 Lexisweb.co.uk. (2019). Barry v Heathcote Ball & Co (Commercial Auctions) Ltd | LexisWeb. [online] Available
at: http://lexisweb.co.uk/cases/2000/july/barry-v-heathcote-ball-co-commercial-auctions-ltd [Accessed 13 Feb.
2019]
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Conclusion
Thus, it can be clearly concluded that law indeed plays a great role in making the society a much
better place to live in. It has also been estimated that law helps in stating the standards of
behavioural acceptance in the society. It has also been identified that the English legal system is
one of the oldest forms of legal systems that are in practice. The significant principles that guide
the English law as well as the functions of the law have also been identified and included in the
sections. Two of the important case studies that provide a clear understanding of all these factors
have also been included in the sections. Thus, it can be stated that law and morals are not at all
same and yes considering law as morals will of course undermine the importance of laws.
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References
Brighamresources.net. (2019). Brigham Resources. [online] Available at:
http://www.brighamresources.net/ [Accessed 13 Feb. 2019].
Businesslawbasics.com. (2019). Chapter 3: Purposes and Functions of Law. [online] Available
at: http://www.businesslawbasics.com/chapter-3-purposes-and-functions-law-1 [Accessed 13
Feb. 2019]
Lawteacher.net. (2019). Explain the sources of English law. [online] Available at:
https://www.lawteacher.net/free-law-essays/constitutional-law/explain-the-sources-of-english-
law-essays.php [Accessed 13 Feb. 2019].
Lexisweb.co.uk. (2019). Barry v Heathcote Ball & Co (Commercial Auctions) Ltd | LexisWeb.
[online] Available at: http://lexisweb.co.uk/cases/2000/july/barry-v-heathcote-ball-co-
commercial-auctions-ltd [Accessed 13 Feb. 2019].
Oxfordbibliographies.com. (2019). General Principles of Law - International Law - Oxford
Bibliographies - obo. [online] Available at:
http://www.oxfordbibliographies.com/view/document/obo-9780199796953/obo-
9780199796953-0063.xml [Accessed 13 Feb. 2019].
Raz, J. (2019). The Functions of Law *. [online] Oxfordscholarship.com. Available at:
http://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780198253457.001.0001/acprof-
9780198253457-chapter-9 [Accessed 13 Feb. 2019].
Reference. (2019). What Role Does Law Play in Society?. [online] Available at:
https://www.reference.com/world-view/role-law-play-society-8a80d15a376777cb [Accessed 13
Feb. 2019].
Wps.pearsoned.co.uk. (2019). 1. The Importance of Law. [online] Available at:
http://wps.pearsoned.co.uk/ema_uk_he_mcbride_letters_3/248/63704/16308274.cw/content/
index.html [Accessed 13 Feb. 2019].
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