Discuss the reasons why behaviour may become unlawful and explain how the law
can change. Use examples from Block 2 wherever relevant.
There are many reasons why behaviour may be seen as being unlawful, either
through different interpretations of the law or the current social climate. Unlawful con-
duct is not always voluntary and it is down to the interpretation of the law and peo-
ples actions that will define if the behaviour was unlawful. This essay will aim to dis-
cuss what is meant by unlawful conduct, the variation in definitions through the judi-
ciary system, the continuous change to the law and legal system through different
bodies and how the law is reviewed in a range of ways to determine how behaviour
may become unlawful.
Crimes are a form of unlawful conduct, such as robbery, murder and assault, which
are considered criminal acts. Another form of unlawful conduct is civil disputes; this
can be at a personal or business level and includes family law. For conduct to be
considered unlawful it has to be proven that the individual has done wrong, known as
fault. There are two types of fault, criminal and civil wrongs. There are two funda-
mentals in criminal fault to establish liability. The first element is known in Latin as
“actus reus”, which means guilty act and is referred to when a person has committed
a crime voluntarily or intentionally. The second element is known in Latin as “mens
rea”, which means mental element and is referred to when an individual has commit-
ted a crime involuntary, with no intention of doing so. Therefore for a conduct to be
considered unlawful it has to be done voluntarily otherwise it would not be consid-
ered as an unlawful conduct.
Actions may become unlawful through changes in definitions due to a few factors.
One of these is the technological advance particularly with the Internet, a relatively
new concept, which is an important feature of modern society. The media often
shows the Internet being used by people for unlawful conduct such as downloading
music without paying for it or accessing other people’s bank account details. The in-
ternational commercial law and consumer protection law have been required to
change due to this development that has brought many benefits but also increases
the opportunity for unlawful conduct.
Another reason why actions can become unlawful is linked to the social climate. An
example can be found when Shakespeare was writing Romeo and Juliet, at which
time the minimum age of marriage for a boy was 14 and 12 for a girl. In todays soci-
ety this is illegal and the minimum age is now 16 for both boys and girls. Similarly in
the nineteenth century it was illegal for two consenting homosexual adults to have
sexual intercourse. This was illegal until 1967 in England and Wales. On the other
hand some acts are considered immoral and not unlawful, such as excessive drink-
ing over the age of 18 and abortion, which was legalised in 1967, although this is
frowned upon by many religions.
Due to these constant changes it is necessary for the law and legal system to
change. The functions for reforming and changing the law include the Parliament
and the judiciary system. Firstly, Parliament is one of the major sources of law in the
UK where new laws can be created, reform and repeal existing law. Parliament may
respond to changes or demands society by creating a new Act of Parliament, which
is seen as an instant political response to public worries over unlawful conduct re-
can change. Use examples from Block 2 wherever relevant.
There are many reasons why behaviour may be seen as being unlawful, either
through different interpretations of the law or the current social climate. Unlawful con-
duct is not always voluntary and it is down to the interpretation of the law and peo-
ples actions that will define if the behaviour was unlawful. This essay will aim to dis-
cuss what is meant by unlawful conduct, the variation in definitions through the judi-
ciary system, the continuous change to the law and legal system through different
bodies and how the law is reviewed in a range of ways to determine how behaviour
may become unlawful.
Crimes are a form of unlawful conduct, such as robbery, murder and assault, which
are considered criminal acts. Another form of unlawful conduct is civil disputes; this
can be at a personal or business level and includes family law. For conduct to be
considered unlawful it has to be proven that the individual has done wrong, known as
fault. There are two types of fault, criminal and civil wrongs. There are two funda-
mentals in criminal fault to establish liability. The first element is known in Latin as
“actus reus”, which means guilty act and is referred to when a person has committed
a crime voluntarily or intentionally. The second element is known in Latin as “mens
rea”, which means mental element and is referred to when an individual has commit-
ted a crime involuntary, with no intention of doing so. Therefore for a conduct to be
considered unlawful it has to be done voluntarily otherwise it would not be consid-
ered as an unlawful conduct.
Actions may become unlawful through changes in definitions due to a few factors.
One of these is the technological advance particularly with the Internet, a relatively
new concept, which is an important feature of modern society. The media often
shows the Internet being used by people for unlawful conduct such as downloading
music without paying for it or accessing other people’s bank account details. The in-
ternational commercial law and consumer protection law have been required to
change due to this development that has brought many benefits but also increases
the opportunity for unlawful conduct.
Another reason why actions can become unlawful is linked to the social climate. An
example can be found when Shakespeare was writing Romeo and Juliet, at which
time the minimum age of marriage for a boy was 14 and 12 for a girl. In todays soci-
ety this is illegal and the minimum age is now 16 for both boys and girls. Similarly in
the nineteenth century it was illegal for two consenting homosexual adults to have
sexual intercourse. This was illegal until 1967 in England and Wales. On the other
hand some acts are considered immoral and not unlawful, such as excessive drink-
ing over the age of 18 and abortion, which was legalised in 1967, although this is
frowned upon by many religions.
Due to these constant changes it is necessary for the law and legal system to
change. The functions for reforming and changing the law include the Parliament
and the judiciary system. Firstly, Parliament is one of the major sources of law in the
UK where new laws can be created, reform and repeal existing law. Parliament may
respond to changes or demands society by creating a new Act of Parliament, which
is seen as an instant political response to public worries over unlawful conduct re-
