Law and Legal systems Chapter 5: Law and society.

Law and Legal systems

Chapter 5:

Law and society

The individual and the law

Values influence and dictate our laws

What are examples of laws that reflect the following values?

Respect for life?

Equality?

Freedom and tolerance?

Protection of the weak?

Murder (Criminal law)

Anti-discrimination laws

Assault (Criminal law)

Equal opportunity (Workplace)

Values and the Law

Law- Definition

Laws are formal rules

consciously determined

by society and are enforceable by the courts.

Or put more simply…

Law- Definition

It is easy to find out what laws there are as they contained in statutes (parliament made) or common law (court made).

Rules of conduct enforceable by the courts.

Functions/roles of Law

It must be remembered that law is both:

Written codes of conduct setting out expected behaviours of people AND

The Legal system, practices and culture that are created to enforce laws.

Functions of Law

To promote and represent the values and aspirations of the community.

To provide a structure for the creation, enforcement and alteration of the law.

To regulate and control the basic activities of humans

To provide a clear statement of behaviours to what is acceptable.

Functions/roles of Law

A basis for the protection of people.

Formal means of dispute resolution.

To encourage a culture of respect and observance of the law in society to avoid anarchy.

Ineffective Laws

Laws are pointless if they are ignored, not enforced or basically ineffective.

What are examples of laws that are ignored by the citizens?

Examples of laws not enforced by police?

Jaywalking

Illegal or reckless pedestrian crossing of a roadway

• A violation of pedestrian traffic regulations and laws and is therefore illegal.

• Laws against jaywalking are rarely enforced, with the exception of the occasional police "blitz"

“WA alcohol laws 'not effectively' enforced or monitored.”

LIQUOR LAWS: A damning report

shows responsible service of alcohol

is not being monitored or

enforced effectively in WA.

“WA alcohol laws 'not effectively' enforced or monitored.”

POLICE and the Department of Racing, Gaming and Liquor are not effectively monitoring or enforcing the responsible service of alcohol in WA, a scathing report has found.

The damning review by Auditor General Colin Murphy, tabled in State Parliament today, found the lack of collaboration between the two agencies had ``contributed to to gaps in monitoring activity, lack of coordination and poor use of information'' in regulating the Liquor Control Act.

Effective Laws

Applies universally to all

Respected and acknowledged by the community

Degree of flexibility in its application

Complements other laws

Clear in its wording

Can be enforced in a straight forward manner

Provides appropriate sanctions

Then, what makes laws effective?

Classifying Laws

Laws are classified by:

1. The source: where/how the law was made, and by

2. The human activity: the area it intends to regulate.

The 2 Sources of law:

Statute Law is law passed through parliament

Common Law is law that is developed over time by judgments made in the courts.

Regulate & protect the public

Public law applies to the conduct of the whole society, to protect and regulate social interaction.

Constitutional law

Industrial relations law

Criminal law.

Regulate & protect individuals

Private or civil law regulates the conduct of individuals with other individuals. Issues are resolved without the involvement of govt. or police.

Contract law

Tort law (Latin for ‘wrongs’)

Individual vs Individual

Rule of law

No individual is above the law

Laws should express the will of the people

Citizens are ore willing to obey the laws as they have direct input.

Strong, independent courts led by well trained and impartial judges.

Rule of law

Australia’s representative democracy is based on rule of law.

Write a definition for ‘rule of law’.

Definition:

The principle that all individuals are equal before the law………. (Willmott, pg 469)

Chapter Learning Objectives:

You should be able to:

Identify fundamental values that underpin our laws

Discuss functions of law

Characteristics of effective law

Classify law four ways (by source and intended human activity)

Identify types of Public law and Civil law

Describe the meaning and significance of the ‘rule of law’