Law in Society Flashcards
Distinguish between Legal and Non-Legal rules.
The difference between a legal and a non-legal rule is that legal rules (also known as laws) are made by parliament and are enforceable by the courts. An example of legal rules are traffic laws. Non-Legal rules are made by private individuals or groups of society, such as parents or schools. They are not enforceable by the courts.
Characteristics of an effective law. (KAASC)
Known Acceptable Able Stable Changeable
What is law?
A legal rule which is established and enforced by an authority, that attempts to regulate behaviour and is supported by a sanction if disobeyed.
Who obeys legal rules?
People of Society
Who makes legal rules?
Who makes non-legal rules?
The Parliament makes the law.
Private individuals or groups of society make non-legal rules.
Who enforces legal rules?
Who enforces non-legal rules?
Legal rules (the law) are enforced by the courts. Non-legal rules are enforced by people who made the rule.
What is the main aim of law?
To protect society and keep it functioning. It protects individuals rights and stop behaviour that will ultimately affect the peace and good order of society.
The need for law
- To regulate society and keep society functioning.
- To establish boundaries of acceptable behaviour.
- To have dispute resolutions methods.
Known to the public
For a law to be enforceable, the public must know about it. If people do not know about the new law, they will not be able to follow it. It is the individuals responsibility to find out laws on particular matters.
Acceptable to the community
If a law is not in line with community values, then people may be inclined to disregard the law.
Able to be enforced
An effective law must be enforceable. That is if people break the law they must be able to be caught and brought to justice. If this does not happen people may be less inclined to follow the law.
Stable
In order to be effective, it is also necessary that the law in general remains stable. If the law was changing constantly no one would be certain what the law was.
Able to be changed
Because values in the community change over time and there are advances in new technology, there is constant need to change the law.
What is criminal law?
Criminal law protects the community by keeping the peace. It is relate to actions in society that are unacceptable. When a criminal law is broken, the police will take the offender to court.
What is the main aim of criminal laws?
The main aims of criminal law are to apprehend, prosecute and punish people who have broken the law and to deter others from breaking the law. Punishments vary.
