Key Stage 3 citizenship · Law and justice

KS3 rules and laws: what they are and why we have them

In Key Stage 3 citizenship, pupils learn why societies have rules and laws, how laws differ from other kinds of rules, and how laws are shaped and enforced in the United Kingdom. It is the starting point for lessons on the police, the courts and tribunals, and it helps teenagers see that laws are made by people, can be argued about and can change.

The nature of rules and laws, explained

Rules exist almost everywhere: in families, schools, sports clubs and online. A rule tells people what they should or should not do, and the consequences depend on who made it. A school can set a uniform rule and a sports club can ban a player. A law is a rule that applies to everyone in the country and is enforced by the state, which means that the police can investigate breaches and courts can decide on a penalty. Pupils learn that laws exist to protect people and property, keep order, settle disputes fairly and set standards that a society agrees on.

Lessons usually look at where laws come from. Most come from Acts of Parliament, also called statute law, which are made through the process of debate and voting. Ministers can also make detailed rules, called secondary legislation, under powers given by an Act. Some law has been developed over centuries by judges deciding cases, known as common law, and judges in later cases usually follow earlier decisions, which is called precedent. Pupils also hear that the UK has more than one legal system: England and Wales share one, while Scotland and Northern Ireland have their own.

A main distinction is between criminal law and civil law. Criminal law deals with offences against society, such as theft, assault or dangerous driving. The state brings the case, and the prosecution must prove guilt beyond reasonable doubt. Civil law deals with disputes between people or organisations, such as a disagreement with a landlord, a contract that was broken or a claim for compensation, and the court decides what is more likely on the balance of probabilities. Some disputes, for example about employment or benefits, are settled by tribunals, which are less formal than courts. Pupils are often asked to sort real-life situations into the right category.

Teachers also stress that laws are not fixed. They change when society’s views change or when new problems appear. For example, front-seat belts became compulsory in cars in 1983, and smoking in enclosed public places in England was banned in 2007. Pupils are invited to think about whether a law is fair, whether it can be enforced and whether it does what it was meant to do. They also learn that rules and laws do not always overlap: something can be unkind or against school rules without being illegal, and some laws, such as the ban on dropping litter, cover things that people may not think of as seriously wrong.

Words your child will hear

Law: A rule made by the state that applies to everyone and can be enforced with penalties.
Act of Parliament: A law made by Parliament, also called statute law.
Common law: Law that has developed from judges’ decisions in past cases rather than from an Act.
Criminal law: Law about offences against society, where the state prosecutes the accused.
Civil law: Law about disputes between individuals or organisations, such as contracts or compensation.
Enforce: To make sure a rule or law is followed, for example through the police and courts.
Precedent: An earlier court decision that judges usually follow in similar cases.

What the National Curriculum says

The programme of study for Key Stage 3 says:

Pupils should be taught about the nature of rules and laws and the justice system, including the role of the police and the operation of courts and tribunals
Aim: pupils develop a sound knowledge and understanding of the role of law and the justice system in our society and how laws are shaped and enforced.

Objectives from the National Curriculum in England, © Crown copyright, used under the Open Government Licence v3.0.

Try it: rule, law or something else?

Decide whether each situation is a school rule, criminal law, civil law or a matter of manners. (a) Wearing the wrong shoes to school. (b) Taking a phone from a shop without paying. (c) A tenant and landlord disagree over who should pay for a repair. (d) Not holding a door open for the person behind you.

Ask who made the rule and who enforces it. For (a), the school made the rule, and the school applies a sanction such as a detention. It is a school rule, not a law.
Ask whether the state would treat it as an offence. For (b), theft is a crime. The police can investigate and the person could be prosecuted in court, so it is criminal law, and the prosecution has to prove guilt beyond reasonable doubt.
Ask whether it is a dispute between people. For (c), the tenant and landlord have a disagreement about a contract and who pays. This is civil law, and either side can ask a court to decide on the balance of probabilities.
Ask whether anything is enforced at all. For (d), no rule or law is broken. It is a social custom or a matter of good manners, which is enforced only by other people’s opinion.

(a) School rule, (b) criminal law, (c) civil law, (d) manners or social custom. The useful questions are: who made it, who enforces it, what is the penalty and who is bringing the case?

Common mistakes and how to help

Thinking that anything wrong is against the law

Pupils reasonably link “wrong” with “illegal”, because many serious wrongs are crimes.

What helps: Use examples such as breaking a promise to a friend or lying about small things. Ask if the police would be involved, to separate moral wrongs from legal ones.

Believing laws never change

Laws feel permanent because they were in place before pupils were born.

What helps: Show a few that did change within living memory, like seat belts or smoking rules. Ask why the change happened and who argued for it.

Confusing criminal and civil cases

Both happen in courts and both can involve a person feeling wronged, so they look alike.

What helps: Focus on who is bringing the case. In criminal law the state prosecutes on behalf of society. In civil law one party sues another.

Thinking a young person cannot be responsible for breaking the law

Teenagers sometimes assume that being under 18 means no consequences.

What helps: Explain that in England and Wales the age of criminal responsibility is 10, though children and young people are dealt with through youth justice rather than the adult system.

How to help at home

Sort the household rules. List five rules from home, school and the wider world, and sort them into family rules, school rules, laws and customs. Ask what happens if each is broken and who decides.
Ask why a rule exists. Pick a law your child notices, such as a speed limit or the rules about cycling, and ask what harm it is meant to prevent. Then ask whether it works and whether it is fair.
Imagine no rules. Spend five minutes describing a day in a town with no laws. Which problems appear first, and which new rules would people ask for? This often shows why rules are needed more clearly than a lecture does.
Follow a law in the news. When a new law or proposed change is discussed in the news, ask who it affects and who might disagree. It links nicely with how Parliament makes and changes laws.

Leads on to

Key Stage 4: Human rights
Key Stage 4: International law
Key Stage 4: The legal system in the UK
Key Stage 4: Where laws come from
Key Stage 4: Law and complex problems