UNLAWFUL CONDUCT

Unlawful Conduct

Question 1

Different influences which impact on the reform of unlawful conduct.

Introduction

This paper provides an overview of the different factors that impact the on the reform of unlawful conduct. A host of factors have been highlighted here such as technological and economic factors.

Discussion

Unlawful conduct

The concept of unlawful conduct that shall be used in this paper pertains to any action, relating to either civil or criminal aspect, that is forbidden by law. In case of a civil unlawful conduct, a respondent is punished by merely reimbursing the claimant for the damages or less. Criminal misconduct on the contrary required punishment by fine payment, execution or community sentence.

Position in Criminal Law & Civil Law & Role of Fault

The entire concept of unlawful conduct lies on the basic assumption and rule that “fault underlies punishment”. This implies that unlawful conduct cannot be held valid and the person thus executed or charges unless the fault of the individual is proven. The act of wrongdoing forms the prime basis for establishing an unlawful conduct.

Impact on Unlawful Reform

There a range of factors that need to be considered in order to ascertain whether a certain action is unlawful or involuntary

Technological developments

Perhaps the most prominent influence on unlawful conducts and their reforms has been made by technological advancement. This change in the technological climate calls for new emphasis on Trademark laws and laws pertaining to copyright infringement. Similarly, due to increased use of Internet,there is an increased need for defamation laws catering to both libel and slander in which an individual has the liberty to guard his or her reputation.

Social Change

Social changes or more specifically changes in the moral climate prevalent in a society are likely to change the unlawful conduct reforms. Till 1967, homosexuality was considered as an unlawful conduct in England and yet now we see a number of reforms being restructured in order to make room for minorities. There are also a few concerns relating to other social issues such as Abortion. The climate of social change therefore has a significant influence on the reforms that bind our actions.

Economic Reasons

Economic basis is a major influencing factor while determining how lawful or unlawful a particular action is. While in some societies borrowing a bicycle without consent with the intention of retuning it later is considered as unlawful; the same maybe deemed as acceptable in those societies which have a high sense of sharing property.

Protection From Harm

Unlawful conduct is also influenced through the certain activities and their impact on ourselves. Protecting someone from harm forms a part of lawful conduct. The particular rules will be greatly influenced by any changes in the accepted definitions of harm. Activities that were once considered as lawful or unlawful may now be termed as the opposite, depending on how the society and its accepted norms have evolved overtime.

Enforceability Of The Law

The limitation of enforceability of law is that even of a particular action is proved to be harmful, the same cannot be categorized as ...