English Legal System:."... the Law Research Proposal

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For example, the Parliament passed the "Year and a Day Rule" Act in 1996 that changed the previous murder and manslaughter law that specified that a person could be charged with murder or manslaughter if the victim died within a year and a day of receiving his injuries. The change was made to reflect modern development in medical science, which enabled injured people to remain alive for longer periods.

Changes in the UK laws have also reflected the growing strength of the egalitarian ideal over the last two centuries. It has led to changes in laws that have encouraged the gradual emancipation of married women and the prohibition of discrimination based on race or sex. For instance, an old law applicable until recently did not allow married women to refuse sex with her husband. However, in R. v R (1991), the House of Lords decided that if a wife did not consent to sex then her husband could be guilty of rape. The change in law (by judicial precedent) in this case reflects the changed status of women in modern society. The change in attitudes towards private sexual behavior and personal morals is also reflected in laws that allow same-sex marriage, acceptability of 'living together' without marrying, and adultery is no longer the heinous social and legal offence it once was (Atiyah, 1995, p. 175)

Similarly, the heightened concern for children's rights in the society is reflected in Herrington v British Railways Board (1972) which involved the law on the duty of care owed to a child trespasser. In an earlier case, Addie v Dumbreck (1929), it was decided by the court that an occupier of land would only owe a duty of care for injuries to a child trespasser if the injuries had been caused deliberately or recklessly.

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But in Herrington, the court was far more sympathetic to the child trespasser and decided to change the law in deference to the changed social attitudes rather than follow the old precedence (Ibid., 178)

Specific events sometimes play an important role in the formulation of new laws. For example, after the tragic massacre in March 1996 of 16 young children and their teacher in Dunblane, Scotland by a lone gunman, the Parliament passed the Firearms (Amendment) Act 1997 that banned private ownership of most handguns. Also, after the 9/11 terrorist attacks on the twin towers in New York, the UK Parliament passed the Anti-Terrorism, Crime and Security Act, 2001, which allowed the detention (without charge) of non-UK citizens where the Home Secretary believed that the person's presence in the country is a threat to national security.

Technological developments also prompt changes in law. The birth of the first test-tube baby in 1978 highlighted the need to regulate fertility treatments, such as in vitro fertilization (IVF). As a result the Human Fertilisation and Embryology Act was enacted by the UK Parliament in1990, which heavily regulates IVF.

Conclusion

As we saw in this paper, there can be no argument with the assertion that law is always changing in order to reflect changes in society itself. However, UK law, being largely based on the doctrine of judicial precedent, is relatively less volatile than the law in most other countries......

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