section 1 syllabus Flashcards
What is the meaning of law?
Law is a set of enforceable rules of conduct that establishes guidelines for relationships between people and organizations in a society. It outlines punishments for those who do not follow, covers all members of society, and ensures impartial treatment
How do laws, rules, and customs differ?
Laws are binding on the whole community, officially recognized by governments and courts, relate to public interest, and reflect rights and responsibilities. Laws are mainly decided by the government (statute law), or judges have power to make laws in certain cases through precedent (common law).
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Rules are prescribed directions for conduct in certain situations and made by groups, only affecting people within those groups.
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Customs are established patterns of behavior among people in a society or group and are not enforceable by the state.
How are values and ethics incorporated into law?
Lawmakers try to incorporate values and ethics into law, but laws will only cover those ethical values that are common to the majority or the dominant group. Values reflect a society’s judgment on the importance of different things, while ethics are what society considers right or wrong.
What are the characteristics of just laws?
A just law allows everyone to receive fair treatment and outcomes, and ensures that human rights are recognized and respected. Characteristics include:
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Equality – must treat every person the same
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Based on widely held values
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Utilitarian – ensures the greatest good for the greatest number
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Aims to redress inequalities – ensure systematic inequalities do not exist
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Must minimize delays – disputes must be resolved as soon as practical
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The law must be known
What are the key aspects of justice within the legal system?
The legal system aims to ensure that all citizens have equal access to the law and that the law provides equality, fairness, and justice to all members of society. This includes equality, fairness, and access.
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Equality means all people in society are treated in the same way with respect to political, social, and civil rights and opportunities.
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Fairness applies to everyday life, whereas justice has legal connotations
Access means all people in Australia must have the same level of access to the institutions and agencies of the law
What is procedural fairness?
Procedural fairness refers to the principles ensuring the decision-making process of the courts is fair and just. Two main principles are the right to be heard and the right to have a decision made by an unbiased decision maker
What is the rule of law?
The rule of law means no one is above the law, and it is applied equally and fairly to both the government and citizens. It requires that the legal system and government should provide just outcomes, consistent and impartial decisions, protection of individual rights and freedoms, ways to settle disputes, and laws that are knowable, followable, and fit for purpose. The rule of law is fundamental in maintaining a free, democratic, and fair society.
What is anarchy?
Anarchy describes a state of chaos and disorder resulting from the absence of rules and laws. It may break out during a revolution or after a natural disaster
What is tyranny?
Tyranny involves a single leader who has unlimited power over the people in a country or state, often involving severe punishment for any infringements of the law.
