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Chapter 5
- Statute Law
- Laws that pass through parliament
- Laws that pass through parliament
- Common Law
- Laws Developed over time by judges of the court
- Laws Developed over time by judges of the court
- Social Values
- Definition: collections of
attitudes, philosophies and
ideas that shape behaviour of
individuals
- Respect for the law
- 1. Respect for life (most important)
- 2. Equality
- UN declaration of human rights (1948) - everyone's
rights and freedoms without discinction of sex
- UN declaration of human rights (1948) - everyone's
rights and freedoms without discinction of sex
- 3. Freedom and Tollerance
- "I utterly agree with everything you say but shall
defend to my death your right to say it"
- "I utterly agree with everything you say but shall
defend to my death your right to say it"
- 4.Protection of the weak
- economic deprivation and ensured standard of living
- economic deprivation and ensured standard of living
- 5. Law and competing Values
- Make laws that represent entire nation even
when basic social values differ
- Make laws that represent entire nation even
when basic social values differ
- Definition: collections of
attitudes, philosophies and
ideas that shape behaviour of
individuals
- Types of Law
- Public
- Able to conduct whole society
- Eg. Constitutional Law, industrial relations law, criminal law
- Eg. Constitutional Law, industrial relations law, criminal law
- Able to conduct whole society
- Civil
- Regulate contact of individuals with other individuals
- Important as direct impact on lives of citizens
- Eg. Contract
- Regulate contact of individuals with other individuals
- Torts
- Wrongs in Latin
- Regulates disputes between individuals
- Covers things like trespassing & liability & defamation
- Actions which ignores whether intentional or not
- Wrongs in Latin
- Public
- Rule of Law
- Nobody stands above the law
- Prevents arbitrary exercise of power by one individual
- Prevents arbitrary exercise of power by one individual
- Fundemental building block of democracy
- Australia = Representative Democracy
- Australia = Representative Democracy
- Nobody stands above the law
- Rules vs Laws
- RULE: Not printed in
black and white
- LAW: Formal, defined rules
consciously determined by
society
- Represent the values of a community
- Provide structure for alteration of laws in accordance to the wishes of society
- Regulate and control and provide statement of acceptable behaviours
- Provide a formal way of resolving disputes
- Represent the values of a community
- TEST: Can it be enforceable in the court
- RULE: Not printed in
black and white
- Effective Law
- Respected and acknowledged by the community
- Applies universally without discrimination
- Degree of flexibility
- Clear understandable wording
- Can be enforced easily (straight forward)
- Provides sanctions for those who break it
- Respected and acknowledged by the community
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