Introduction
Nowadays, it is hard to imagine a country without laws. In today’s world, every nation has a system of laws in place, which govern the actions of individuals that live within its borders. Man-made laws have a long history, and they evolved alongside the development of societies. Some of the laws that were introduced in previous centuries have been abolished; new laws, however, are developed continuously to govern society effectively.
Many argue that in the absence of laws, the civilization would return to its ancient form, where physical strength could grant power, and only the fittest individuals could survive. The present essay will seek to explore the concept of law in the United Kingdom, providing examples of various types of laws and explaining their impact on society. Based on that information, the paper will also attempt to evaluate the claim that the abolition of man-made law would have a profound effect on society, causing people to use violence to gain power.
What Is Law?
According to the Oxford Dictionary, the law is “The system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties” (Law 2018, para. 1). Thus, there are several essential characteristics of the law. First of all, the law is systematic and comprehensive, and laws should not contradict one another. Secondly, the law provides means for corrective actions, such as fines, imprisonment, or even capital punishment. Lastly, the penalties established by the law must be effective in regulating the actions of the public, or at least its vast majority.
Although this characteristic is not included in the definition, it is important that laws are regularly revised and updated to reflect the changes in society. For example, cybercrime is a relatively new phenomenon; in response to this new type of crime, most countries adopted laws establishing punishment for cyberattacks, thus responding to the changes in the legal environment.
Origins of Law in the UK
Until the 12th century, most of the European countries, including England, were governed by customary law. This type of law originated from customs that were prevalent in the society of the time. For instance, customary law established the regulations regarding the inheritance of the throne in order to maintain a structure of power. Customary law was unofficial, and the execution of law largely relied on the individual decisions made by the monarch and their local representatives (Hudson 2011).
One particular document that influenced the development of the common law in the UK was the Magna Carta, which was issued by King John in 1214 and served to establish the governance of law over every person in the country, including the king (Breay & Harrison 2014). This document was important as it moved society and the government a step closer towards establishing a unified system of laws.
In addition, the Church had a significant impact on the law and dictated certain legal decisions in the country (Hudson 2011). The development of the common law in the UK is widely attributed to King Henry II, who proposed reforms reducing the control of the Church and creating a systematic foundation for some of the legal decisions, including laws regarding the inheritance of property (Hudson 2011). Further development of the law in the UK was based on previous court decisions and the unwritten constitution of the country. Today, the UK legal system relies on the Parliament for creating new laws, as well as on the past court decisions.
Criminal and Civil Law
The two types of law in the UK are criminal law and civil law. Criminal law targets behaviors that are considered to be an offense against society and the public. An example of such law is Section 4 of the Offences Against the Person Act 1961, which states that “whosoever shall solicit, encourage, persuade, or endeavor to persuade, or shall propose to any person, to murder any other person, whether he be a subject of Her Majesty or not, and whether he be within the Queen’s dominions or not, shall be guilty of a misdemeanor, and being convicted thereof shall be liable to imprisonment for life” (Homicide n.d., para. 4).
This law establishes a conspiracy to murder to be a major felony and proposes punishment in the form of life imprisonment. It is also important that this law applies to potential victims whether they are a citizen of the UK or not. Criminal law protects people, including me, from serious threats to our life, health, and property. For example, criminal law has provisions regarding theft, which helps to protect our belongings and property.
Civil law, on the other hand, regulates behaviors that cause damage to individuals or private entities. For instance, the Defamation Act of 2013 established that publishing statements that lead to serious harm to the reputation of a person or serious financial losses for a corporate entity is an act of defamation and established legal procedures for such cases (Defamation Act 2013). Therefore, if the offender publishes a statement that does not cause damage to the claimant’s reputation, the act is not considered to be defamation and is viewed under a different section of the common law. Civil law protects against threats that could cause damage to property and reputation.
The Queen’s Peace
The Queen’s Peace is an important part of the British legislation that establishes special protection of certain individuals or locations, which is secured by the ruling monarch. The Queen’s Peace also allows law enforcement to take actions necessary for protecting the law. Therefore, the Queen’s Peace is an essential law as it helps to protect people who are involved in governing the country and thus helps to promote peace and stability of power within the country. For instance, in case of a planned attack on the royal family, the Queen’s Peace would assist in stabilizing the situation, thus preventing any further damage to the government.
Abolition of Man-Made Laws
Although it is hard to imagine the government abolishing all laws, thinking about what society would look like if there were no laws could help to understand the importance of laws in society. On the one hand, the abolition of laws would allow people to engage in dangerous activities and behaviors without the risk of punishment. As shown by Friehe and Miceli (2017), the severity and certainty of punishment have a strong effect on crime rates. Therefore, in this example, the abolition of laws would lead to higher rates of crime, thus endangering the country’s population. This possibility also supports the claim that the abolition of man-made laws will return society to its primary form, where communities were largely influenced by violence, thus ensuring the survival of the fittest.
On the other hand, the history of law shows that systematic, man-made laws are not the only legal forces that could protect society. Customary law and church law, although not included in the country’s constitution, could still impact people’s judgment and actions. As the abolition of laws would most likely result in a social crisis, it is likely that many people will turn to religion for guidance, thus establishing church law as the primary governing force.
In addition, some customary, unwritten laws will also remain in people’s minds, thus influencing their actions. An example of such an occurrence can be seen in the recent attempt to abolish “an antiquated legal rule based on a principle of gender discrimination in property and inheritance rights” (Blackham 2015, para. 1). After the Parliament abolished a rule that assumed that men and not women intend to provide property for the family, the rule continued to be used in courts and legal practice (Blackham 2015).
This example shows that certain rules are wired into people’s minds and are supported by social customs, structures, and belief systems rather than written laws. Therefore, it is likely that the abolition of man-made laws will cause a short-term increase in crime, which will fade as people find new sources of guidance, such as religious or customary laws.
Conclusion
Overall, British law has a complex history, and its development was largely influenced by monarchs’ attempts to secure their power. In its contemporary form, British law is rather effective in controlling crime rates and protecting the country’s population against damage to life, health, reputation, and property. Considering the possibility of the abolition of man-made laws can improve our understanding of their true impact on society. However, the present paper argued that, despite the possible increase in crime following the abolition of laws, society would probably find other rules and regulations to rely on for protection.
Reference List
Blackham, 2015, ‘Refusal to abolish ‘archaic’ rule means gender discrimination is still the law in the UK,‘ University of Cambridge Research News. Web.
Bray, C & Harrison, J 2014, Magna Carta: an introduction. Web.
Defamation Act 2013. Web.
Friehe, T & Miceli, TJ 2017, ‘On punishment severity and crime rates,’ American Law and Economics Review, vol. 19, no. 2, pp. 464-85.
Homicide n.d. Web.
Hudson, J 2011, Common law – Henry II and the birth of a state. Web.
Law 2018. Web.