SOWK2001: What Is Law

SOWK2001: Law & Human Services

• Course lecturer: Ms Sandra Latibeaudiere, MSW

Contents

• What is law?
• Who makes the law
• Sources, classification, and types of law
• Limitations of the law
• Law & social work: uneasy coexistence

What is Law?

• Rules applied to conflicts between parties to achieve a legal remedy (Albert, 2000)
• An obligatory rule of conduct imposed and enforced by the sovereign (State)
• A body of principles recognized and applied by the State in administering justice (Orlando Miller, Jamaican Business Law Module)
• Governs many activities within society, including responsibilities of parents, property disposal, and relationships between persons and business entities
• Society attaches legal consequences for law breaches; consequences can be criminal prosecution, civil lawsuit, or both (Batts, 2022)

Role of Law

• Reflects a normative order, reflecting the will of the people expressed through representatives/officials
• Provides a predictable framework for society; similar legal disputes are usually resolved the same way (precedent)
• Enables creation and maintenance of social order through resolving conflicts/arguments through courts, this is legitimated and public.

Law & Legal Systems

• A body of laws creates a legal system
• Legal systems often reflect legal traditions/traditions where the laws emerged

Categories of Law

• Common law: Law and procedures created by courts (judges)
• Civil law: Law ranging from contracts, property, to torts and wills, and relationships between individuals. It aims to settle arguments between individuals and helps people find remedies.
• Statutory law: Legislation created by the government
• Private law: Deals with relationships between people/businesses. Includes contract and tort laws
• Public law: Deals with government and ordinary citizens, and different government organizations. Includes constitutional, administrative, and criminal law.
• Substantive law: Defines rights, duties, and obligations of citizens/state
• Procedural law: Procedures used to apply substantive law

Criminal Law

• Identifies offenses against the state that lead to fines or imprisonment
• These behaviors are considered "crimes"
• Punishes people who break these laws

Civil Law

• A complex body of law encompassing contracts, property, torts, and wills; governing relationships between citizens
• Aims to help settle arguments between individuals and obtain remedies; not focused on punishment.

Criminal Law v. Civil Law

• Criminal cases require prosecutors (the State) to prove guilt "beyond reasonable doubt"
• Civil cases only need to show the balance of probabilities to prove a case

Civil Law & Criminal Law

• Some laws have both criminal and civil aspects (e.g., child abuse)
• Civil trials: Plaintiff/claimant brings a claim against a defendant.
• Criminal trials: The prosecutor (state) acts against a defendant.

Common Law and Statute Law

• Common law: Law and procedures from court decisions (judges)
• Statute law: Legislation created by government (parliament)

Private & Public Law

• Private law: Deals with everyday relationships between people and businesses; contract and tort laws
• Public law: Deals with relationships between government and citizens, and various government bodies. Includes constitutional, administrative, and criminal laws.

Private Law

• Deals with the relationships between ordinary people in everyday transactions (including businesses and companies)
• Includes contract and tort laws

Public Law

• Deals with government and ordinary citizens, and different government organisations
• Includes constitutional, administrative, and criminal laws

Substantive and Procedural Law

• Substantive law: Defines rights, duties, and obligations of citizens/state
• Procedural law: Outlines the process for applying substantive law

Common Law

• Source of Jamaican law, inherited from England
• Composed of two main parts:
• Case law (precedent): Judge decisions act as rules for future similar cases.
• Statutory law (Parliament): Law created by making institutions.

Role of Case Law

• Judge decisions (case law) become binding precedents, guiding future similar cases
• Judges “declare” law, not create it
• Lawyers use case law reports (law reports) to find precedents applicable to their cases

Statutory Law

• Legislation created by Parliament.

Parliament of Jamaica

• Bicameral body (Senate and House of Representatives)
• Senate: Appointed body (mostly by the Prime Minister or Opposition Leader)
• House of Representatives: Elected representatives

Judiciary

• Headed by the Chief Justice
• Interprets and applies laws (resolves legal disputes)
• Decisions make case law (precedent) for future cases

Executive

• Chief State (currently the King) represented by the Governor General
• Executes government policy
• Includes various government bodies

Sources of Law in Jamaica

• The Constitution: Supreme law of the land, outlines fundamental rights and freedoms of Jamaicans; and dictates how laws are created, the structure, and operation of the legal system. Includes rights and freedoms; operation of legal system; obligations for involved parties.
• Legislation: Acts of parliament; established by majority vote of the Senate and House of Representatives
• Case law: Judge-made laws based on precedents that bind similar cases.
• Custom: Declining source; principles accepted long-standing community practices.
• International Law: Emerging as a source of domestic law, but less popular.

The Rule of Law

• Society is governed by law, arbitrary power is curtailed/restricted
• Every person is equally subject to the law.
• State should use its powers in alignment with agreed rules; no punishment without a violation.

Limitations of the Law

• Can't provide answers to every human condition; only frameworks
• Non-standardized actions in certain situations
• Professional practices often exceed the capabilities of the law; Social work practices differ based on a value system, which changes over time.

Law & HSOs: Uneasy Coexistence

• Law & social work practices differ in their histories, cultures and social rituals
• Law often focuses on “combat” and "winning” while social work focuses on outcomes and client negotiation
• Social workers emphasize client rights, while lawyers tend to uphold procedural rules
• Stereotypes of lawyers and social workers include views of one as the “villains” and the other the “saviors”.
• Collaboration requires discussion of values, power, etc.

Applying the Law to Social Work

• Collaboration between law and social work is needed for realization; requires discussion of values, powers, objectives, expertise, and structures