legal foundations Flashcards
Must be clear and understood
The law must be written in a way that people understand it and what they need to do to abide by the law
Five main characteristics of an effective law:
Laws must reflect society’s values Laws must be enforceable Laws must be known Laws must be clear and understood Laws must be stable
stable
If the law is constantly changing, how do citizens know what the law is their responsiblities and rights
Laws should be consistent and should remain constant as much as possible (although they still need to adapt to changing values and needs of society)
Our Constitution is a good example of a stable law. There are systems in place to make it even more difficult to change than other laws i.e. by referendum
enforceable
It must be possible to catch and punish people who break a law – if not, people will be more inclined to break the law.
known
Citizens cannot abide by law if they don’t know what the law is.
Reflect society’s values and be accepted
If laws don’t reflect the values and beliefs of the community, they are more likely to break the law
Members of society will be more inclined to follow laws the reflect current values.
what are the 3 principals of justice?
- Fairness
- Equality
- Access
Explain the role of the legal system in achieving social cohesion.
The legal system plays an important role in achieving social cohesion. The Legal system ensures laws are made that protect citizens rights and that control behaviour. By offering transparent and consistent practices, the legal system ensures rights are protected. The legal system, including police and the courts ensure that laws are enforced, meaning that those who disturb social cohesion are prosecuted and face consequences. This ensures that peace and social cohesion is maintained and a harmonious society is maintained by the role the legal system plays.
Fairness
Equality
Access
social cohesion
a functioning society consists of people who are unified, feel a sense of belonging and who have opportunities in work, education and their social life. Their rights are also adequately protected, reflect society’s values
social cohesion
- the role of laws
- the role of inviiduals
- the role of the legal system
role of laws
protects right of individuals, fundamental guideline, acceptable/unexceptbale behaviour, applies to evyeone, upholds rule of law, helps with in the settlemnt of disputes, states what we can and cant do
role of individuals
aware of the laws, expectation to respect human rights, humans must use legal system to their adavntage , results in a cohesive society, obey the laws