The different influences which impact on the reform of unlawful Essay

The different influences which impact on the reform of unlawful conduct - Essay Example By definition, unlawful conduct refers to any action that can be identified as contrary to, or forbidden by the law (The W100 team, 2011). This definition covers both criminal and civil unlawful behavior. In criminal law, the litigation is always brought forward by a specific prosecutor -the state (in the name of the Crown). However, in civil cases, the circumstances are a different in that, the lawsuit can be initiated by any legal private party who is normally referred to as the claimant. The task of bringing collecting and presenting proof against the defendant rests squarely on the shoulders of the claimant (Samaha, 2012). The W100 team (2011) posits that in order to determine unlawful conduct, it is paramount that sufficient proof is produced placing the particular party at fault so that relevant action may be taken. Without doing this, no legal action can be taken against either party. It is very important to analyze in depth the factors which influence why any conduct should b e considered unlawful. Technological development plays a very significant role in this. Issues to do with copyright infringement and intellectual property are constantly changing and so reforms need to be carried out from time to time regarding the same. Social climate also determines a lot in influencing reform. Changing times affect what laws are made and implemented. A perfect example is cited whereby during the Shakespearean period, it would be perfectly legal for a girl of 13 and a boy of 18 to get married. However under the current laws of Wales and England, this would be unlawful conduct because 16 is the minimum age for marriage (The W100 team, (2011). Worth noting here is that not all rules of social morality are considered unlawful. Differences in social values in different countries may to some level dictate the differences in laws. Protecting individuals and society from harm is a very important factor that influences reform. The activities classified as unlawful for thi s reason are usually seen to cause direct harm to those engaging in them or to the society at large. For example, the possession of cannabis is considered unlawful. However, the legality of this situation may change in the circumstance whereby the cannabis is prescribed by a physician to be used for medicinal purposes. It is inevitable that social morality will sometimes influence the lawful or unlawful nature of an act. Economic reasons also come into play in matters of legislation. Borrowing items without someone’s consent may be considered unlawful in some societies whereas it is perfectly legal to do so in others, provided the items are returned. These are societies where ownership of property is more communal as opposed to where private ownership is prioritized. In some cases, the economic effect of a person’s action is actual ground for determining whether an action is unlawful or not. The array of factors mentioned above clearly indicates the complexity of defin ing conduct as unlawful or otherwise. Some activities that are considered to be out rightly immoral and antisocial do not necessarily warrant them to be earmarked as unlawful. Parliament plays a big role in reform and determining unlawful conduct. It represents the democratic will of the people. Pressure from the public and the media has been seen to work on many occasions in contentious issues regarding legislation, therefore making parliament one of the most direct ways of reform on unlawful conduct. Despite the judiciary not being primarily concerned with law reforms, it is involved in identifying anomalies in the law and calling for relevant amendments to be made on the same (The W100 team, 2011). The truth of the matter is that the judiciary has a