13.1: reasons for law reform Flashcards
Reasons for law reform?
- changes in beliefs, values and attitudes
- protection of the community
- advancements in technology
- generate changing values
Changes in beliefs, values & attitudes of community
Society has changed dramatically over the past 100 years and in order for the law to remain acceptable & relevant, law must change to keep up with the modern attitudes, views, values & ethical principles.
Example of changes in beliefs, values & attitudes of community
For example, the views on same-sex couples have changed which has prompted the introduction and passing of The Marriage Amendment Act 2017 (Cth) (making it possible for same-sex couples to marry)
Advances in technology
As technology develops and improves it opens up possibilities that previously had not been considered when passing law so the law needs to be updated in order to reduce the opportunity for individuals and groups to be exploited or harmed (by technology).
Example of advances in technology
The Crimes Amendment (Stalking) Act 2003 (Vic) added cyberstalking to the Crimes Act
Protection of the community
The purpose of laws is to regulate behavior as well as protecting the broader community from harm. When a new harm becomes evident or an existing harm worsens, the law will need to be changed in order to try and overcome this threat to the wider community.
Example of protection of the community
The Tobacco Amendment Act 2016 introduced new rules around smoking in outdoor dining areas,
extending the location of smoking bans.
Generating changing values
In some cases, the law will act to drive social change, often around issues of social equality, equal
opportunity and removing discrimination of minority groups. This aims to encourage greater tolerance and cohesion in a diverse society.
Example of generating changing values
For example, the Charter of Human Rights and Responsibilities Act 2006 (Vic) was created in an attempt to promote tolerance and generate a respect for diversity
