1.A Achieving social cohesion & protecting individual rights Flashcards
Define and explain social cohesion.
The willingness of members of society to cooperate with each other in order to survive and prosper. Social cohesion means that individuals are free to make choices in society and the rights of individuals are protected. Eg. rights to freedom of speech, religion, vote, etc.
Define the rule of law.
Everyone in society is bound by the law and must obey it. The law should be fair and clear so people are willing to obey them. It is the central part of the legal and political system.
Define the role of laws
- Laws provide guidelines on what is acceptable behaviour.
- Set expectations.
- Fundamental to achieving social cohesion.
- The role of law upholds the rule of law (laws apply to everybody).
- Protect the rights of individuals
- Establish rights and outline what happens if those rights are infringed.
Provide an example of the role of laws.
- Some laws specify what we must do (e.g. pay for goods/services, respect others)
- Some laws specify what we should not do (e.g. steal).
Example: In Australia, murder is a crime, if it were not, some people might think that it is acceptable to kill another person.
Define the role of individuals and how they can help achieve social cohesion.
The responsibility of individuals is to ensure they are aware of laws and to abide by them. Individuals are expected to respect human rights.
Individuals can help to achieve social cohesion and protect individual rights by:
- Assisting the police with their investigation.
- Reporting crime.
- Using the legal system to resolve their disputes when their rights have been infringed.
Provide an example of the role of individuals.
E.g. person who decides to open up a business is expected to familiarise themselves with the relevant laws, such as registering a business name, keeping books and records etc.
Define the role of the legal system.
The legal system is a set of methods and institutions which makes, administers (implements) and enforces the law. It includes courts, tribunals, and enforcement bodies (e.g. Victoria Police). These institutions aim to deal fairly and justly with individuals who have broken the law or breached someone’s rights. Applying the law and enforcing the law are two of the roles of the legal system. Dispute resolution bodies (such as the courts and VCAT) try to help people settle their disputes in a way that avoids further conflict.
Provide an example of the role of the legal system.
E.g. if a vendor (seller) sells goods to another, they guarantee that those goods are of acceptable quality. If this is breached, a dispute will arise.
Define legal rules and provide an example.
They are made by the Parliament and enforced by the courts. When an individual breaks one
they may receive a penalty.
Eg. In Australia it is against the law to steal and if an individual breaks this law they can receive a sanction.
Define non-legal rules and provide an example.
They are made by private individuals or
groups such as parents or schools ( these are not enforceable by the courts). They also have consequences if they are broken.
Eg. A mother told his kid to do his homework and he didn’t. The consequences could be getting grounded.
