basic legal concepts
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Basic Legal ConceptsCore Part 1: The Legal System
The Meaning of LawLaws evolve from traditions, cultures and values
Law is a set of enforceable rules of conduct which set out guidelines for the way individuals and society behave
The law is always trying to keep up to date with the changing society we live in
CustomsCustoms are collective habits or traditions that
have developed in a society overtimeList 3 customs in Australia
Customary law are principles and procedures that have developed due to customs of a people or nation
Nation-State refers to a politically independent country
Singing National Anthem
RulesRules are prescribed
directions for conduct in certain situations. E.G classroom rules, sport rules
Rules form the basis of laws and can be easily changed by the group in charge – they are not enforced by the state
Laws and RulesLaws are different to rules
Laws are enforceable
Laws are binding on the community (applies to whole members)
Laws can be enforced
Laws are accessible (they can be found)
Laws reflect the public’s interest
Laws can be made by governments (statutes), Judges (precedents)
ScalesBalances the support and opposition of a case
BlindfoldBlinded to bias objective decisions
SwordDelivers appropriate punishment
Values and EthicsValues - beliefs of a person or social group
Ethics - based on ideas of right and wrong
Discussion Time:
Why is it difficult to make laws based on values and ethics?
Characteristics of Just Laws
‘Justice’ involves the fair and impartial treatment of all people under the law. It is the role of the legal system to achieve justice for all people in society.
Just Laws must be:Enforceable – be able to be obeyedAcceptable – obeyed by majority of societyDiscoverable – laws cannot be a secret
‘AN UNJUST LAW IS NO LAW AT ALL’ St Augustine
The Nature of JusticeThe following are essential to ensure justice can
be achieved:
• equality – that all people are treated in the same way, without unfair advantage or disadvantage
• fairness – that the legal system is free from bias, dishonesty or injustice
• access – the right or opportunity to make use of something, particularly access to the legal system
Natural Justice (procedural fairness)
For justice to be achieved, there must be fairness in the processes used to resolve disputes.
The two essential features of a fair and just process are:
the right to be heard
the right to have a decision made by an unbiased decision-maker
The Rule of LawThe rule of law requires that no one is above the
law.
This includes those who make the law and enforce the law
So why do people obey law?
it makes them feel safe and secure
laws are based on the customs and values of society
penalties apply for those who fail to obey the law
Anarchy and Tyrannyanarchy is the absence of laws and government
a state of anarchy can sometimes break out after a major disaster or a war
in 2005 in New Orleans after Hurricane Katrina, violence and looting became widespread
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