UNIT 1

INTRODUCTION TO
ENGLISH LAW
DATE:
LECTURER: A. SIMMONS
KNOWLEDGE 1. Explain the term law

OUTCOMES 2. Differentiate between ethics and law

3. Describe the major sources of law
4. Describe the rules governing the interpretation of law

Performance Outcomes
1. Apply rules of interpretation to hypothetical situations.
2. Draft the hierarchical structure of the court.

Attitudinal Outcome
1. Demonstrate an appreciation of ethical principles.
CONTENT 1. Definition of law
2. Ethics and the law
3. Sources of law
4. Rules of Interpretation
5. The Court System – Local and English
 • For some individuals, ‘law’ refers to the set of rules and
regulations which have been developed by Parliament.
For others, law is a reflection of society’s values and an
instrument of social change. ….
WHAT IS A LAW?
Crucitti (2015) defines law as “the body of rules which
regulate how people behave in certain circumstances”
(page 20).
ORIGIN OF LAW IN THE CARIBBEAN

• The legal system existing in the Caribbean had its origin in Roman law and the British
system of law.The first legal system which has had a direct influence in the English-
speaking Caribbean was the law of the Roman Empire. This system was characterised by
a codification of all law by the Roman Justinian in 528 and it was completed by 534.The
end product was known as the Justinian Code upon which the legal systems of the
English-speaking Caribbean are based.
• The main source of law in the English-Speaking Caribbean is the English Common
Law.
THE ROLE OF LAW IN SOCIETY

Law serves many important functions in society. Five key roles or

functions of law in society include:
• Ensuring social and legal order
• Providing the framework for the resolution of disputes
• The protection of people’s rights and their property rights
• The protection of individual liberties
• Giving effect to social policies
CLASSIFICATION OF LAWS

• Public law - is concerned with the organization of government and with the relationship that
subsists between the people and the government.
• Private law - is concerned with the relations that subsist between natural and legal persons,
and includes contract law, torts law, property law and company law.

• Criminal law - (State vs Accused Citizen) arises when an action is brought by the state against
the accused who has committed a wrong for which they ought to be punished under the law.
• Civil law - involves an action between individuals (citizen vs citizen) where the plaintiff has to
prove on the balance of probabilities that their case is more believable.
CLASSIFICATION OF LAW CONT’D

Other classifications of the law include procedural law and substantive law.
• Substantive Law refers to the actual rights and duties of citizens under the law.
• Procedural Law consists of the rules of civil and criminal procedure and evidence. Law
has also been classified into international law and domestic law.
• International law regulates the conduct between states outside their borders, while
Domestic law that refers to a state’s internal laws inside its borders.
LAW AND BUSINESS

Business law is primarily concerned about the relationships among and between persons and
entities in respect of their business dealings. As such, business law falls primarily within into the
province of civil law.You will note therefore that businesses operate primarily for profits and
that there are a number of legal forms that various businesses can assume. These businesses
range from sole proprietorships through partnerships to private and public companies and
corporations.
Whatever legal form a business assumes, the key to avoid litigation for all businesses is to remain
within the parameters of the law. Adherence to the legal framework existing in your territory
will not only avert costly litigation but will save thousands of dollars in damages and other
penalties as a result of infringement of the commercial laws of your country or territory.
SOURCES OF LAW
 Most of the countries of the Commonwealth
Caribbean have a Common Law legal system inherited
from England. In a nutshell, the Common law system
consists of the customs, statutes and judicial system
that became common to England over.
SOURCES OF
LAW

Focus:

Common The
Statute Law Case Law
Law Constitution
COMMON LAW SYSTEM

The common law system is also known as judge-made law or case law as the legal
principles were developed through the determination of judges in decided cases.
The doctrine of precedent is fundamental to the common law system. In the Common
Law system, courts are obliged to follow the decisions and rulings in previously decided
cases, or precedents, where the facts and issues are substantially the same – (Stare
Decisis – “let the decision stand”).
The doctrine means that courts in the judicial hierarchy must follow the decisions of courts
directly higher in the hierarchy.
STATUTE LAW

Statute law is the legislation of acts passed by Parliament. Acts of Parliament can create new
laws, repeal or codify old laws or a combination of these. In some territories, there is also
delegated or subordinate legislation where an Act of Parliament gives powers to someone
else for example, a local council, to make detailed regulations or rules.
Under Statute law, the concept of parliamentary sovereignty is an important one. In the
Caribbean, the parliament of the various countries is the supreme law-making body. It can
make, amend or repeal any law that it wishes, even fundamental constitutional statutes, by
ordinary legislation or Acts of Parliament.
CASE LAW

Case law is law that is based on judicial

decisions rather than law based on
constitutions, statutes, or regulations.

Case law concerns unique disputes

resolved by courts using the concrete
facts of a case. By contrast, statutes and
regulations are written abstractly.
THE CONSTITUTION

The constitution is the body of doctrines and practices that form the fundamental
organizing principle of a political state. In some cases, such as the United States, the
constitution is a specific written document. In others, such as the United Kingdom, it is a
collection of documents, statutes, and traditional practices that are generally accepted as
governing political matters.
Countries that have a written constitution may also have a body of traditional or customary
practices that may or may not be considered to be of constitutional standing.
Virtually every country claims to have a constitution, but not every government conducts
itself in a consistently constitutional manner.
FOR AN ACT OF PARLIAMENT TO BECOME LAW, THERE
ARE A SET OF PROCEDURES THAT MUST BE FOLLOWED:

1. Drafting of a Bill- the Bill is the proposed law presented to the legislative body.
2. Introduction of a Motion - A motion is required to introduce the Bill in the house of
Parliament, with first, second and third readings.
3. In some territories with an upper House of Parliament or a Senate, the Bill goes to the
consideration of the upper house, if passed by the lower house.
4. If passed by the lower house or both houses for countries with an upper and a lower
house, the Bill becomes an Act of Parliament, it is sent for assent to the Governor-
General
5. Finally, the Act comes into effect at the date specified in the Act or on the date
proclaimed.
 RULES OF
INTERPRETATION
WHAT ARE RULES OF INTERPRETATION?

• The term has been derived from the Latin term ‘interpretari’, which means to explain,
expound, understand, or to translate. Interpretation is the process of explaining,
expounding and translating any text or anything in written form. This basically involves an
act of discovering the true meaning of the language which has been used in the statute.

• In law, interpretation refers to exposing the true sense of the provisions of the statutes
and to understand the exact meaning of the words used in any text.
 There are four Rules of Statutory
Interpretation, these are
RULES OF 1. the literal rule
INTERPRETATION 2. the golden rule
3. the mischief rule
4. and the purposive approach.
LITERAL RULE

The literal rule requires courts to interpret statutes in their plain, literal and ordinary sense.
The courts will not examine the intention of Parliament. This rule is used frequently as
judges are not authorized to make laws and by following the statute to the letter, judges
cannot be accused of making law.
THE GOLDEN RULE

The Golden Rule, used where the literal rule would result in an absurdity or an obnoxious result. The court
investigates whether the statute wording conveys Parliament’s intention. See Sigsworth [1935] Ch 89 a son
murdered his mother, she had not made a Will and her son stood to inherit her entire estate from her
death. The statute was clear however, the son stood to benefit from his crime which would be unjust.
• The positives are that judgments are usually parallel with the legislator and errors in drafting are
amended before awkward precedents are set, thus closing loopholes. Using common sense within law
usually provides justice, restoring public confidence in the legal system.
• It is problematic though as judges have power to interpret the statute as they wish, changing or adding
to its meaning. It ignores the separation of powers and judges cannot be influenced by injustice without
the presence of absurdity.
THE MISCHIEF RULE

The Mischief rule, used to interpret gaps (ultra vires) that Parliament intended to cover and
apply a ruling that remedies the problem in ambiguous statutes.
This rule is illustrated in Corkery V Carpenter [1951] 1 KB 102. The defendant rode a bicycle
under the influence of alcohol. Under section 12 of the Licensing Act 1872 it was offence to
be drunk in charge of a carriage. The defendant was charged as the intention of the Act
was to prevent persons being in charge of transportation on a public highway whilst
intoxicated.
This rule allows for the adaption of statutes in a progressive society and closes loopholes.
THE PURPOSIVE APPROACH

The purposive approach is implemented to ensure the law is effective as Parliament would
have intended. This is used when interpreting European Union (EU) Law and EU Law
overrides all sources of domestic law.
ETHICS AND THE LAW
LAW VS ETHICS

Law and ethics are different in a manner that what a person must do and what a
person should do.

The former (Law) is universally accepted while the latter (ethics) is ideal human
conduct, agreed upon by most of the people.

Although, both the law and ethics are made in alignment so that they do not contradict
each other. Both go side by side, as they provide how to act in a particular manner.
Every person is equal in the eyes of law and ethics, i.e. nobody is superior or inferior.
Further, these two allow a person to think freely and choose.
KEY DIFFERENCES BETWEEN LAW AND ETHICS:

➢The law consists of a set of rules and regulations, whereas Ethics

comprises of guidelines and principles that inform people about how to
live or how to behave in a particular situation.
➢The law is created by the Government, which may be local, regional,
national or international. On the other hand, ethics are governed by an
individual, legal or professional norms, i.e. workplace ethics,
environmental ethics and so on.
➢The law is expressed in the constitution in a written form. As opposed to
ethics, it cannot be found in writing form.
KEY DIFFERENCES BETWEEN LAW AND ETHICS:

➢The breach of law may result in punishment or penalty, or both

which is not in the case of breach of ethics.
➢The objective of the law is to maintain social order and peace
within the nation and protection to all the citizens. Unlike, ethics
that are the code of conduct that helps a person to decide what
is right or wrong and how to act.
➢The law creates a legal binding, but ethics has no such binding
on the people.
THE END.

Up next:
✓ Unit 2