LEGAL SKILLS COURSEWORK
Both law and morality strongly influence human behaviour1. Law accomplishes this
through threatening punishment2 whereas morality accomplishes this by incentives,
‘moral’ behaviour is praised by others followed by a feeling of virtuousness and the
opposite may be said for ‘immoral’ behaviour3.
There is not a simple definition for law as it is too complex to define4 instead scholars
attempt to describe the law5. Bentham6 and Austin7 argue that the law is the sovereign
commanding those under their power to do something or face punishment8. Hart heavily
criticised this approach comparing their description of the law to a gunman in a bank and
contrasting it with the law. The gunman always gives orders, whereas the law can
empower a person to do something, for example adopt a child9. The gunman is not bound
by his own orders as Austin argued the State was not either the rule of law operates to
ensure that everyone is answerable to the law10.
Kelsen11 pure legal theory approach describes the law as the actions of the officials who
enforce them. However to completely ignore the legislatures in the definition seems
slightly odd as judges do not see it as their function to create the law, but Lord Denning
argued that it was for judges to fill in the gaps of the law12.-
Morals are sets of beliefs, principles, values held by some or all members of society
which essentially determines what is right and wrong. Moral rules unlike legal rules are
voluntary in nature in so far as the consequences are perhaps not as harsh as legal
sanction13. Although that is not to say that one’s fear of going to hell, or public
disapproval to everyone outweighs the legal sanction14. Morality is subjective and can be
influenced by many factors including friends, family, religion, the media and education.
Law and morality in that respect are both normative, telling people what they ought to do
by setting out acceptable and
through threatening punishment2 whereas morality accomplishes this by incentives,
‘moral’ behaviour is praised by others followed by a feeling of virtuousness and the
opposite may be said for ‘immoral’ behaviour3.
There is not a simple definition for law as it is too complex to define4 instead scholars
attempt to describe the law5. Bentham6 and Austin7 argue that the law is the sovereign
commanding those under their power to do something or face punishment8. Hart heavily
criticised this approach comparing their description of the law to a gunman in a bank and
contrasting it with the law. The gunman always gives orders, whereas the law can
empower a person to do something, for example adopt a child9. The gunman is not bound
by his own orders as Austin argued the State was not either the rule of law operates to
ensure that everyone is answerable to the law10.
Kelsen11 pure legal theory approach describes the law as the actions of the officials who
enforce them. However to completely ignore the legislatures in the definition seems
slightly odd as judges do not see it as their function to create the law, but Lord Denning
argued that it was for judges to fill in the gaps of the law12.-
Morals are sets of beliefs, principles, values held by some or all members of society
which essentially determines what is right and wrong. Moral rules unlike legal rules are
voluntary in nature in so far as the consequences are perhaps not as harsh as legal
sanction13. Although that is not to say that one’s fear of going to hell, or public
disapproval to everyone outweighs the legal sanction14. Morality is subjective and can be
influenced by many factors including friends, family, religion, the media and education.
Law and morality in that respect are both normative, telling people what they ought to do
by setting out acceptable and