What is law? [Law and morals]

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  • What is law?
    • Set of rules that govern society.
      • Guide + control our actions.
      • Twining + Miers defined rules as a general norm mandating or guiding conduct
    • Failure to comply leads 2 punishment
      • E.g Fine or imprisonment
      • Hart suggested the defining characteristic of law is enforceability
      • Mandatory compliance
    • Written down.
      • Formal.
        • Universal application of the law.
        • Formal process of making, applying + enforcing the law.
    • Law does not necessarily uphold moral codes
      • E.g up until 1991, rape inside marriage was legal.
        • This changed following R v R [1991] HL
    • Made by a known body
      • Parliament
      • Or Judges- Judicial law making
    • Law is agreed
      • When it is being made

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