chapter 1: the legal system: basic legal concepts Flashcards
meaning of law
refers to the body of legal rules, which include all members of a community. they are officially recognised & they bind on all people & can be enforced in the courts. those who don’t obey the laws result in penalties. it has 3 CHARACTERISTICS - it has to be acceptable, discoverable & enforceable. the PURPOSE of the law is to protect the general safety of the public & ensure the rights of citizens
customs
customs are traditions that are not enforceable by law. they are patterns of behaviour among people within a society/group. overtime, customs might develop into laws
rules
rules are made by individuals/groups to maintain conduct that only apply to certain places/situations & certain people within a group. rules can have consequences for being broken, i.e. wearing black leather shoes to school & consequence for not wearing them is detention
law
the law is a set of rules imposed on all members of society that are officially recognised & legally enforceable by police & courts.
characteristics of just laws
must be equal, ethical, utilitarian, responsive & non-invasive
just law
just laws should be adjusted for all members of a society & officially recognised & enforced by the legal system. they should protect the benefits of members of society. just law carries characteristics/nature i.e. equality, fairness & equal access.
nature of justice
‘Justice’ involves fair and impartial treatment of all people under the law. The legal system’s responsibility is to achieve justice for all people in society.
equality under the nature of justice
all people in the law members of society should be treated the same way with respect to political & social rights
fairness under the nature of justice
the law needs to hold to honesty & integrity. if the laws are not fair they can be changed - hence the constant need for law reform & referendum.
access under the nature of justice
the laws that can affect us & provides us an understanding of what our rights & responsibilities are under those laws i.e. children, non-English speaking backgrounds, disabilities, Aboriginal & Torres Strait Islander peoples.
the rule of law
the rule of law is a legal tradition in Australian society that NO ONE IS ABOVE THE LAW. therefore, the law is applied equally and fairly. (refer to table)
anarchy
the absence of laws & government - it can break out after major disaster i.e. war. it can be both negative & positive. Positive as there are no restrictions on the different rights & responsibilities of society & negative as there is an absence of leaders & corrupt government
tyranny
ruled by a single leader who is holding the absolute power in a nation. tyranny power usually imposes severe penalties for violations against the law. i.e. Saddam Hussein in Iraq.
