reasons for law reform Flashcards
what is the point of having laws?
- to protect our society
- protect individual’s rights
- provide guidelines
what is law reform?
the process of constantly updating and changing the law so it remains relevant and effective
explain reason 1: changes in beliefs, values and attitudes
- if the law is to remain relevant it needs to keep up with and reflect the changes that happen over time
- but it can be hard to push for change is some members of society may be reluctant to accept controversial change
- values change as knowledge of an issue increases
example: children, teenagers smoking has led to a ban on the sale, possesion, use of nicotine to people under 18, even if the products don’t have nicotine.
Explain reason 2: changes in living conditions
- social: ensure our basic standard of living is maintained
- economic: regulate the buying, selling and production of goods
- international: changing internation circumstances or global events
example: online gambling is a social change that has prompted law reform
reason 3: advances in technology
- tech is constantly improving and opening up possibilities
- laws need to change in order to control and regulate new inventions
- protect the privacy of financial and medical records
example: tougher penalties for data security breaches, commonwelath passed the privacy legislation amendment to increase the sanctions imposed on an individual for data breaches.
reason 4: greater need for protection of the community
- law reform must continually occur to make sure individuals and different groups within our group are protected
- harm includes physical, emotional, economic
- specific needs and rights that must be protected
example: the education and training reform amendment created by parliament allows appropriate decision makers in schools to make orders to product staff and school community members from harm. the purpose is to make a safe working, learning environment by allowing authorised school personnel to make orders against adults
