OCR A-Level Law: the nature of law (Component 3, Section A) complete overview

The nature of law is the first half of OCR A-Level Law Component 3 (H418/03). Unlike the other components it is theoretical, asking what law is and how it relates to morality, justice and society. This overview ties the three topics together; each has a matching dot-point page.

Law and morality

Law (state-enforced rules) and morality (beliefs about right and wrong) overlap but diverge. The central question, explored in the Hart-Devlin debate, is whether the law should enforce morality. Devlin says a shared morality binds society and may be enforced; Hart, following Mill's harm principle, says the law should only prevent harm to others.

Law and justice

Justice is fairness, giving each their due. Aristotle distinguished distributive from corrective justice. The main theories are natural law (Aquinas), utilitarianism (Bentham, Mill), Rawls (the veil of ignorance and the difference principle) and Nozick (entitlement and the minimal state). The question is how far the legal system achieves justice.

Law and society

Law performs functions (social control, dispute resolution, protection, standard-setting). The consensus view (Durkheim) sees it as serving shared values; the conflict view (Marxist) as serving the powerful; legal realism as what officials actually do. Law both leads and follows social, technological and moral change.

How the nature of law is examined

• Section A (AO3, extended response). A 20-mark essay that tests evaluation almost entirely. You build a critical, balanced argument using the relevant theory and examples and reach a reasoned judgement.