Topic 1 ---> Basic Legal Notations

Question 1

Why do we need laws?

Answer 1

• Enforces values of society
• Regulates and protects rights
• Provides means for dispute resolution
• Restricts some freedoms while allowing others
• Anarchy results from lawlessness

Question 2

What are customs?

Answer 2

• traditional ways of behaving

* enforced by social pressure

Question 3

What are rules?

Answer 3

• regulate behaviours in particular areas or situations
• displayed in written/symbolic form
• enforced through use of penalties

Question 4

What are laws?

Answer 4

– rules made by sovereign power
– apply to everyone equally
– enforced by sanctions (fines, indictment, etc)
 Important customs become rules; important rules become laws

Question 5

What is Equality?

Answer 5

object concept
– formal equality: equal treatment regardless of circumstance, background, status, beliefs, etc., as
opposed to institutional inequality

Question 6

What is Fairness (Equity)?

Answer 6

subjective concept

– focuses on achieving equal outcomes

Question 7

What is Justice?

Answer 7

aims to achieve both equality and fairness

Question 8

What do values and ethics have to do with the law?

Answer 8

•Values reflect society’s judgement on the importance of different things
•Ethics define what society considers to be right and wrong
•Laws must reflect both values and ethics of society
•Laws must be capable of reformation to reflect the constantly changing values and ethics of
society