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Assignment Brief As part of the formal assessment for the programme you are required to submit a Law and Ethics portfolio of tasks. Please refer to your Student Handbook for full details of the...

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Assignment Brief As part of the formal assessment for the programme you are required to submit a Law and Ethics portfolio of tasks. Please refer to your Student Handbook for full details of the programme assessment scheme and general information on preparing and submitting assignments. Learning Outcomes: After completing the module, you should be able to: 1. Explain the relationship between morality and law 2. Identify the values underpinning the legal system 3. Evaluate the institutions, professional roles and ethics of the judiciary and legal professions 4. Appraise the ethical responsibilities of lawyers Your assignment should include: a title page containing your student number, the module name, the submission deadline and a word count; the appendices if relevant; and a reference list in OSCOLA format. You should address all the elements of the assignment task listed below. Please note that tutors will use the assessment criteria set out below in assessing your work. Maximum word count: 3000 words Please note that exceeding the word count will result in a reduction in grade proportionate to the number of words used in excess of the permitted limit. Warning: QLD Regulations require that unfair practice findings are referred to the SRA (Solicitors Regulation Authority) and BSB (Bar Standards Board) and can prevent admission as a barrister or a solicitor. Take your referencing seriously. Do not risk you career. Page 3 of 7 Assignment Task This assignment consists of two parts, PART A and PART B. You must complete both PART A and PART B. PART A 1. To what extent do Professor Hart and Lord Devlin agree that the law should intervene in respect of criminalising harmful actions? In your answer you should refer to relevant theory and law XXXXXXXXXXwords) (50 marks) (LO XXXXXXXXXXPART B 2. Charlie, a barrister is called to court to represent Lucy who has been charged with murder. Lucy shot her friend, Sally after discovering that she was having an affair with her boyfriend, Franklin. The crime was heinous and Lucy is known for being involved in organised crime. Charlie does not like Lucy and thinks that the way in which she lives her life is wrong and immoral. He did not want to take the case but did so reluctantly. Charlie goes and meets Lucy down in the cells. During the conference Lucy informs him that she is guilty but she wishes to plead not guilty. Identify the professional and ethical issues arising from the scenario above with reference to the BSB Code of Conduct and other relevant sources XXXXXXXXXXwords) (50 marks) (LO XXXXXXXXXXPage 4 of 7 Formative Feedback You have the opportunity to submit a plan of your tasks to receive formative feedback. The feedback is designed to help you develop areas of your work and it helps you develop your skills as an independent learner. If you are a distance learning student, you should submit your work, by email, to your tutor, no later than two weeks before the actual submission deadline. If you are a blended learning student, your tutor will give you a deadline for formative feedback and further details. Formative feedback will normally only be given once and will not be given to work submitted after the above date. Guidelines You MUST underpin your analysis and evaluation of the key issues with appropriate and wide ranging case law and ensure this is referenced using the OSCOLA system. The My Study Skills Area contains an OSCOLA Referencing Interactive Tutorial. You must use the OSCOLA referencing method in your assignment. Additional notes: Students are required to indicate the exact word count on the title page of the assessment. The word count excludes the title page, executive summary, reference list and appendices. Where assessment questions have been reprinted from the assessment brief these will also be excluded from the word count. ALL other printed words ARE included in the word count. Printed words include those contained within charts and tables. See ‘Word Count Policy’ on the homepage of this module for more information. Assignments submitted late will not be accepted and will be marked as a 0% fail. Page 5 of 7 Your assessment should be submitted as a single Word (MS Word) or PDF file. For more information please see the “Guide to Submitting an Assignment” document available on the module page on iLearn. You must ensure that the submitted assignment is all your own work and that all sources used are correctly attributed. Penalties apply to assignments which show evidence of academic unfair practice. (See the Student Handbook which is on the homepage of your module and also in the Induction Area). Warning: QLD Regulations require that unfair practice findings are referred to the SRA (Solicitors Regulation Authority) and BSB (Bar Standards Board) and can prevent admission as a barrister or a solicitor. Take your referencing seriously. Do not risk you career. Page 6 of 7 Assessment Criteria (Learning objectives covered - all) Level 4 is the first stage on the student journey into undergraduate study. At Level 4 students will be developing their knowledge and understanding of the discipline and will be expected to demonstrate some of those skills and competences. Student are expected to express their ideas clearly and to structure and develop academic arguments in their work. Students will begin to apply the theory which underpins the subject and will start to explore how this relates to other areas of their learning and any ethical considerations as appropriate. Students will begin to develop self-awareness of their own academic and professional development. Grade Mark Bands Generic Assessment Criteria First (1) 80%+ Outstanding performance which demonstrates the ability to analyse the subject area and to confidently apply theory whilst showing awareness of any relevant ethical considerations. The work shows an excellent level of competence and confidence in managing appropriate sources and materials, initiative and excellent academic writing skills and professional skills (where appropriate). The work shows originality of thought. 70-79% Excellent performance which demonstrates the ability to analyse the subject and apply theory whilst showing some awareness of any relevant ethical considerations. The work shows a high level of competence in managing sources and materials, initiative and very good academic writing skills and professional skills (where appropriate). The work shows originality of thought. Upper second (2: XXXXXXXXXX% Very good performance which demonstrates the ability to analyse the subject and apply some theory. The work shows a good level of competence in managing sources and materials and some initiative. Academic writing skills are good and expression remains accurate overall. Good professional skills (where appropriate). The work shows some original thought. Lower second 50-59% A satisfactory to good performance which begins to analyse the subject and apply some underpinning theory. The work shows a sound level of competence in managing basic sources and materials. Academic writing Page 7 of 7 (2:2) skills are satisfactory and expression remains accurate overall although the piece may lack structure. Satisfactory professional skills (where appropriate). The work lacks some original thought. Third XXXXXXXXXX% Basic level of performance in which there are some omissions in understanding the subject, its underpinning theory and ethical considerations. The work shows a basic use of sources and materials. Academic writing skills are limited and there are some errors in expression and the work may lack structure overall. There are some difficulties in developing professional skills (where appropriate). The work lacks original thought and is largely imitative. Marginal fail 30-39% Limited performance in which there are omissions in understanding the subject, its underpinning theory and ethical considerations. The work shows a limited use of sources and materials. Academic writing skills are weak and there are errors in expression and the work may lack structure overall. There are difficulties in developing professional skills (where appropriate). The work lacks original thought and is largely imitative. 29% and below A poor performance in which there are substantial gaps in knowledge and understanding, underpinning theory and ethical considerations. The work shows little evidence in the use of appropriate sources and materials. Academic writing skills are very weak and there are numerous errors in expression. The work lacks structure overall. Professional skills (where appropriate) are not developed. The work is imitative.
Answered Same Day Dec 04, 2020

Solution

Anju Lata answered on Dec 08 2020
135 Votes
Law and Ethics Portfolio 12
Assignment
Law and Ethics Portfolio
Student Number:
Module Name:
Submission Deadline:
Word Count:
    Arden University
    Executive Summary
The paper undergoes Part A and Part B. The first part seeks to analyze the legal and ethical perspectives of criminal liability and identifies the moral concepts and principles which have been basic foundation of the justification of criminal liability and criminalization. The paper elaborates the principles like The Principle of Harm, The Principle of Welfare and the Principle of Individual Autonomy and Human Rights addressing the perspective of Professor Hart and Lord Devlin. The Second part of the Report identifies the professional and ethical issues confronting the given case study of Ba
ister Charlie and Client Lucy with the reference to the BSB Code of Conduct and the other related sources.
Keywords: Legal and Ethical; Criminal Liability; Criminalization; Principle of Harm; Individual Autonomy.
PART A
Introduction
The meaning of crime can be elaborated through two theoretical perspectives: Positivist Theory and Non Positivist Theory.[footnoteRef:2] The Positivist Theory defines the law without seeking moral justifications about the criminal liability while the Non positivist Theory justifies the ethical principles behind the criminal liability such as individual rights, and principle of individual autonomy etc. [2: Qudah, ‘ The Moral Foundations of Criminal Liability’ (2014) Intel Prop Rights 2: 116. accessed 7 Dec 2018
]
Positivity Theory
The modern description of positivity Theory depends on Professor Hart’s “The Concept of Law”. He condemns the view of superiority of legal system and says that legal system is based on certain rules which according to Hart may be divided into Primary rules and Secondary Rules. The Primary rules define, create and regulate the rights while the Secondary Rules elaborate how the proceedings related to enforcement of primary rules will take place. Hart ascertained that in addition to a combination of these two rules, a Rule of Recognition is required to specify whether these rules can be regarded as legal system. He characterized the rule of recognition as the attitude of the officials of judiciary. In England, the Rule of Recognition asserts that the decisions of the court are regarded as law, the statutes enforced by the queen are also considered as law, and the ordinances of Municipal corporations are also law.
Non Positivism
This approach provides a moral justification for the criminalization and refers to basic moral principles like human rights, individual autonomy and the principle of welfare and harm. The criminal law is considered to be certain norms which work to safeguard the autonomy and welfare of the people.
Wolfenden Report asserted that the main role of the criminal law is to protect and safeguard the decency and public order, to save the people from harmful acts/people, and to protect (mainly the vulnerable) people from exploitation and co
uption mediated by others. The law is not to interfere in the personal lives of the people and to enforce any particular behavior.[footnoteRef:3] [3: Bakshi, ‘Law and morals’ (2015) < http:
14.139.60.114:8080/jspui
itstream/123456789/689/8/Law%20and%20Morals.pdf> accessed 7 Dec 2018
]
Hart’s Perspective
HLA Hart is unsupportive to Lord Devlin and opts a liberal approach that the main objective of the right use of power is on an individual against his intention is to protect others from the harm. Hart agrees with Devlin that certain universal values in form of shared morality are important for the society. According to Functionalist Theory, every part of the society contributes to the stability of the society.[footnoteRef:4] All the parts are functionally dependent on each other. For example in many societies the government educates the children within the families which pay the taxes. These taxes are in turn essentially contributes in the maintenance of the city. The Functionalism focuses on the order that is evident in society, emphasizing on shared public values and social stability. Any deviant behavior or misconduct leads to instability or disorganization in the system, ultimately driving a change. Dysfunction of one part of society influences all the other parts and leads to social issues, finally
inging about a social change. [4: Lumen,’Introduction to sociology’(2018) < https:
courses.lumenlearning.com/cochise-sociology-os/chapte
the-functionalist-perspective
]
Hart took an intersection of the morals and laws. The morals affect the statutory law. The morals along with law may guide the Judiciary to decide the cases. He admits that the law must be applicable equally for the like cases. However the likeness of the two cases can be determined by the communities and their beliefs. The law should restrict the use of free violence. The law should secure promises and protect the property.
Lord Devlin’s Perspective
According to Devlin the function of the law is to preserve the decency and public order and to protect the people from the offensive acts and to offer adequate protection against the co
uption and exploitation. However the law is not entitled to interfere in the private matters of people and to impose any behavior. During his debate with Hart, Devlin addresses three main discussions:
1. Is the society righteous to judge any matters of the morals?
2. In the society’s right to decide any matter, is it also the right of society to use the law?
3. If yes, whether the society must use the law in all the matters or in few?
Devlin answered positively the first two questions. In response to third one he argues that it is the function of law to enforce the public morality in the society. He asserted that nay conduct which initiates a feeling of disgust and intolerance should be suppressed by the law. Through his ‘ Man in the Jury box’ approach, he ascertained that jury offers valid view point of the morality which can be considered as a basis of legal interventions.
Summed up views
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