Mr Shipp’s hint and tips Organise yourself by using the syllabus. As you complete each dot point, mark it off so you know where the course is currently placed
If you are away from class it is your responsibility to keep up to date. Resources will be available on the website and through the Facebook group
Main Syllabus
Hint: Learn your syllabus points and you are one step away from doing well in assessment
tasks
Meaning of LawLaws evolve from traditions, cultures and values
Law is a set of enforceable rules of conduct which set out guidelines for the way individuals and society behave
The law is always trying to keep up to date with the changing society we live in. Dynamic.
Customs
Customs are collective habits or traditions that have developed in a society overtime
Customary law are principles and procedures that have developed due to customs of people or a nation
Nation-State refers to a politically independent country
Laws and RulesLaws Rules
Laws are enforceable Rules are used in certain circumstances e.g classroom
Laws are binding on the whole community Rules can be easily changed by the
group in chargeLaws reflect the public’s interest
Laws can be made by parliaments (statutes) Rules may only exist in certain
areas e.g PlaygroundLaws can be made by Judges (precedents)
Values and Ethics
Values - fundamental beliefs of a person or social group
Ethics - based on ideas of right and wrong within society
Lady Justice
Sword - Punishment
should be given out with reason
Blindfold - Justice should be objective
Scales - Cases should be balanced
Characteristics of a Just Law
Just Laws must be:
Enforceable – be able to be obeyed
Acceptable – obeyed by majority of society
Discoverable – laws cannot be a secret
The following are essential to ensure justice can be achieved:
equality – that all people are treated in the same way, without unfair advantage or disadvantage
fairness – that the legal system is free from bias, dishonesty or injustice
access – the right or opportunity to make use of something, particularly access to the legal system
The Nature of Justice
philosophy of ensuring an action achieves the greatest good for the greatest number of people
Utilitarianism
political philosophies that uphold liberty as the highest political end.This includes emphasis on individual liberty, political freedom and voluntary association.
Libertarianism
Laws are made for the majority (Unknown)
An unjust law is no law at all (St Augustine)
At his best man is the noblest of all animals; separated from law and justice he is the worst (Aristotle)
The laws that protect us also make us bored (Unknown)
Where the law ends, tyranny begins (John Locke)
Legal Quotes
Even if you are a minority of one, the truth is the truth (Mohandas Gandhi)
Laws made by common consent must not be trampled on by individuals (George Washington)
Natural Justice (Procedural Fairness)
For justice to be achieved, there must be fairness in the processes used to resolve disputes.
The two essential features of a fair and just process are:
the right to be heard
the right to have a decision made by an unbiased decision-maker
The Rule of LawThe rule of law requires that no one is above the law.
This includes those who make the law and enforce the law
Arbitrary power Is making decisions without any reference to the law
In Australia the use of separation of powers under the constitution maintains the rule of law
An Independent Court System
Controls placed on enforcement agencies
The Parliament is bound by the constitution
Key Features of the Rule of Law
Why do people obey the law?
It makes them feel safe and secure
laws are based on the customs and values of society
penalties apply for those who fail to obey the law
Anarchy and Tyranny
Anarchy is the absence of laws and government
A state of anarchy can sometimes break out after a major disaster or a war
in 2005 in New Orleans after Hurricane Katrina, violence and looting became widespread
Tyranny - Cruel and oppressive government or rule e.g Stalin, Hitler
Countries where tyranny exists are often called police states. Rule of law does not apply
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