Zusammenfassung der Ressource
Basic Legal Concepts
- Meaning of Law
- Any act of commission
which breaches the
acceptable code of
society
- Customs, Rules and Law
- Customs: A tradition or a norm that is closely
linked to religious, social or cultural practices.
- Rules: Directions created in order to limit or
control behaviour in certain circumstances if
not obeyed.
- Law: Any act of commission which breaches the acceptable
code of society.
- Values and Ethics
- Values: A personal
measure of right
and wrong.
- Ethics: A
system of
moral
principles.
- Characteristics of Just Laws
- Laws must be discoverable meaning accessible; this
means all people can read and understand them.
- They must align with our values; this means incorporate
our belief systems (religion).
- Laws must create certainty by setting parameters and
ensuring consistency.
- Laws will protect from harm; protections for victims,
perpetrators and society
- Nature of justice: Equity, Fairness, access
- Equity: Laws that
don't discriminate
and are applied
equally
- Fairness: Ensure
a particular harsh
effect on an
individual and the
right to appeal to a
decision
- Access: Ability to
access the law,
legal information
and assistance to
understand the
law
- Procedural Fairness
- Assurance that a
part to a dispute will
be granted, the right
to be heard, to a fair
trial, and to an
unbiased judge.
- If there is a
failure of natural
justice, an
avenue for appeal
may open up
- Anarchy
- Failure of
government
- Tyranny
- No distinction between law makers, law
enforces and the courts. The fact that law
enforces act arbitrarily and without fear of
consequence
- Rule of Law
- No one is above the law; everyone is equal in the eyes of the law