Chapter 1C: Characteristics of Laws Flashcards
What are the five characteristics of an effective law?
Reflect societies values, enforceable, known to the public, easily understood and stable
Which types of laws will members of society be more inclined to follow?
Laws that reflect current values in society
What is likely to happen if a law is passed which offends against commonly held and recognised beliefs?
It is unlikely to be supported by the community, and may not be abided by
What is an example of a law reflecting societies values?
The law preventing people from lighting fires on a very hot day
What must a law be in order to be enforceable?
It must be possible to monitor and punish people who break the law
If a law is not able to be enforced, what is more likely to occur?
It is more likely to be broken and not abided by
What is an example of a law which is being enforced?
Task forces or drug busts which enforce drug laws and punish those who do not abide by them
What is the law regarding people knowing about laws?
People can only follow laws which they know about; ignorance of the law is not a valid excuse
How are laws communicated in order to be known to the public?
Changes are normally reported in the media and clearly communicated, giving people time to become familiar with new laws
What is an example of a law being known to the public?
If a speed limit in an area was about to change, there would be large advertising campaigns in order to ensure all motorists knew about the change
Why do people need to be able to understand laws and their intent?
Laws that are ambiguous, confusing or unclear cannot be followed and will not be effective
What does the government provide to ensure laws are understood?
Press releases, explanatory statements and advertising campaigns
How are laws drafted in parliament and how can this reduce the effectiveness of the law?
They are drafted ahead of time, therefore they are quite long and complex as they are trying to capture unforeseen circumstances, which makes them difficult to understand
How can a law be stable and effective?
If it does not change frequently and is implemented for a reasonable period of time, therefore the community is given time to become familiar with it