The nature and purpose of law in society, the sources of law including statute and common law, and the difference between rights and responsibilities for citizens.

What this dot point is asking

AQA wants you to explain why society needs law, where the law comes from, and how rights and responsibilities are connected. You should be able to define law, name the main sources of law, and explain that rights come with responsibilities. This Rights and responsibilities topic (Paper 2) is tested through "Explain" questions on the sources of law and on the rights and responsibilities link, and it underpins the more applied topics on criminal and civil law and the courts. The examiner rewards a precise grasp of the difference between statute law and common law and a clear explanation of why rights and responsibilities go together.

The nature and purpose of law

Society needs law to keep order, protect people and property, resolve disputes peacefully and set out what citizens can and cannot do. Without law, people could not rely on agreements, the strong could exploit the weak, and disputes might be settled by force. Law differs from other rules, such as the rules of a game or a religion, because it is made by the state, applies to everyone within the jurisdiction, and is backed by enforcement through the police and courts. The idea that the law applies equally to everyone, including those in power, is the principle of the rule of law, which underpins the whole legal system.

Sources of law

• Statute law is made by Parliament. A proposed law (a bill) becomes an Act once it has passed through both Houses and received Royal Assent. Because Parliament is sovereign, statute is the highest form of law and can change or override common law.
• Common law is built up over time from the decisions judges make in cases, following the principle of precedent that similar cases should be decided in similar ways. This makes the law predictable and allows it to develop case by case where Parliament has not legislated.

Understanding which body makes each kind of law, Parliament for statute and judges for common law, is the distinction AQA most often tests, along with the point that statute prevails where the two conflict.

Rights and responsibilities

A right is something a person is entitled to, such as the right to an education, to a fair trial or to free expression. A responsibility is a duty a person is expected to carry out, such as obeying the law, paying taxes, respecting the rights of others or serving on a jury when called.

Why rights and responsibilities go together

If everyone claimed their rights but ignored their responsibilities, society would break down. The clearest example is the right to a fair trial: it depends on others, including jurors weighing evidence honestly, witnesses telling the truth and the police acting lawfully, carrying out their responsibilities. Many rights are also balanced against the rights of others, so exercising a right responsibly means not using it to harm others (free speech, for example, does not extend to incitement to violence). AQA rewards answers that explain this two-way relationship rather than simply listing rights.