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Nature/Rule of Law (What are the differences between legal rules and norms…
Nature/Rule of Law
What are the differences between legal rules and norms of behaviour
as a society develops, its members gradually accept a behaviour as correct or normal through custom or practice
these social norms develop into rules and this helps to keep order
the rules are general
the rules are normative, they set a standard of how things ought to be rather than what they are
norms develop over time whilst law can change instantly
norms ought to be obeyed whilst law must be
norms are enforced by disapproval, law enforced by the courts
norms are voluntary, law is obligatory
What is Law?
a system of official rules and regulations that sets out our legal rights and duties
used to govern society - to formally control the behaviour of members of society
enforceable through courts
Why do we obey rules?
a penalty may be imposed if the rule is broken
the rule is reasonable and relevant
they carry with them a sense of moral obligation
Elements of the Rule of Law
everyone is equal before the law
the law must be clear and fair
the power of the state must be controlled by the law