Essay On Unlawful Conduct

Introduction

What is the definition of unlawful conduct? What circumstances and influences impact why certain conduct is considered unlawful, and what sources impact its reform? Unlawful conduct is a broad term and conduct can be considered unlawful in numerous ways. It is influenced, for example, by technological developments, social climate, and economics; as these are forever changing they all have a noticeable effect on what is considered to be unlawful conduct. The methods of law reform are just as broad, there are many organisations which can bring about reform, for example: Parliament, The Judiciary, and Law Commission to name a few. These facets of unlawful conduct will now be discussed in greater detail.

Defining unlawful conduct

Unlawful conduct is conduct which is contrary to or forbidden by law. This definition does not only include criminal law, criminal acts such as murder, assault etc. but also in civil disputes, crimes which are committed at business level such as tax evasion, copyright etc. Civil disputes can also occur between private parties e.g. neighbours with boundary disputes; or individuals and companies, for instance, a customer not paying for received goods, and negligence of the employer.

Civil and criminal law

There are differences between civil and criminal law with regard to remedies available. For instance in criminal cases when convicted for unlawful conduct the sanctions are more severe: incarceration, fines, and community service as opposed to civil disputes which often result in payment of compensatory damages. Another difference is that in criminal cases the state commences prosecution and is responsible for burden of proof the litigation against the defendant is the Crown known ...

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...ogy advancing so rapidly law trying to keep up sometimes being a step ahead & then effecting more change having to take place/never ending. Reader pg. 50 legal reasoning and legal change in the age of the internet

In this age of cyberspace and global connectivity, reliance on statutes and stare decisis simply cannot keep up with a rapidly evolving technological environment. Traditional law…might condemn rules regulating conduct in cyberspace to perpetual obsolescence.37

Continuous conflict between need to acknowledge pre-established rules & need to facilitate change in view of changing & economic conditions. Law must be static and dynamic, must change but also continue on its old path. If always changing it would lose its certainty predictability order and safety ever changing law would increase uncertainty, social instability and economic insecurity.