What is law, and how does it differ from other rules in society?
The nature of law: the distinctions between criminal and civil law, between law and morality, and between law and justice, and the function of law in society.
A focused answer to the AQA A-Level Law nature-of-law topic, covering the differences between criminal and civil law, the relationship between law and morality, and the link between law and justice.
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What this dot point is asking
AQA wants you to explain what law is, distinguish criminal law from civil law, and discuss how law relates to morality and to justice. This is a synoptic theme that runs through the whole qualification, so you should be able to give examples from criminal law, tort and contract.
What is law?
Sir John Salmond described law as the body of principles recognised and applied by the state in the administration of justice. Law is distinct from custom, etiquette and religious rules because the state will compel obedience.
Criminal law and civil law
The clearest division in the legal system is between criminal and civil law.
- Criminal law exists to maintain order and protect society. A case is brought by the state (the Crown Prosecution Service), the parties are the prosecution and the defendant, the standard of proof is beyond reasonable doubt, and the outcome is a verdict of guilty or not guilty with sanctions such as imprisonment or a fine. Example: R v Brown (offences against the person).
- Civil law resolves disputes between private parties and aims to compensate the wronged party. A case is brought by the claimant against the defendant, the standard of proof is the balance of probabilities, and the outcome is liability with a remedy such as damages or an injunction. Example: Donoghue v Stevenson (negligence).
Law and morality
Thinkers disagree about how closely law should track morality. The natural law view (Aquinas, Fuller) holds that an unjust law is not truly law. The positivist view (Bentham, Austin, Hart) holds that law and morality are separate: a law is valid if properly made, regardless of its moral content. The Hart-Devlin debate, sparked by the Wolfenden Report, asked whether the law should enforce private morality.
Law and justice
Justice is the aim of law, but the two can diverge. Procedural justice is fairness in the process (a fair trial, the rule of law); substantive justice is a fair outcome. Theories include Aristotle's distributive and corrective justice, Rawls's justice as fairness, and Marxist critiques that law serves the powerful. A verdict can be legally correct yet feel unjust, which is why mechanisms like the appeal courts and jury equity (R v Ponting) exist.
How the nature of law is examined
This synoptic theme is examined through short distinguishing questions and longer evaluative essays on law and morality or law and justice. Examiners reward precise definitions, examples drawn from criminal, contract and tort law, accurate use of the theorists, and a clear argument to a conclusion.
Exam-style practice questions
Practice questions written in the style of AQA exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
AQA 202015 marksDiscuss the relationship between law and morality, illustrating your answer with examples from the substantive law. [15 marks]Show worked answer →
A 15-mark synoptic essay needs structured AO1, AO2 and AO3. Define law (enforceable state-backed rules) and morality (shared beliefs about right and wrong), then explain that they overlap (murder, theft) but diverge (adultery is immoral but legal; minor regulatory offences are illegal but morally neutral).
Bring in the theorists: natural law (Aquinas, Fuller) holds that an unjust law is not truly law, while positivism (Hart, Austin) separates legal validity from moral content. Use the Hart-Devlin debate and examples such as R v Brown (consensual harm criminalised) and the decriminalisation of suicide. Markers reward a clear argument, accurate use of the theorists, applied examples and a supported conclusion.
AQA 20184 marksExplain two differences between criminal law and civil law. [4 marks]Show worked answer →
First, the parties and purpose differ: criminal law is brought by the state (the Crown Prosecution Service) to maintain order and punish wrongdoing, whereas civil law is brought by a claimant against a defendant to resolve a dispute and compensate the wronged party. Second, the standard of proof differs: beyond reasonable doubt in criminal cases against the balance of probabilities in civil cases. Markers reward two clear, correctly stated differences, ideally with the outcome too (guilty or not guilty against liable or not liable).
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Sources & how we know this
- AQA A-level Law (7162) specification — AQA (2017)