Meaning & Roles of Law
What is the definition of 'law'?
A set of enforceable rules of conduct which set down guidelines for relationships between people and organisations in society.
Define 'custom'
Collective habits or traditions developed in a society over a long period of time.
What is the difference between 'values' and 'ethics'?
Values are the principles or standards society considers important; ethics is about judging what is right in a specific situation
Define 'procedural fairness'
The principles used to ensure the fairness and justice of a court's decision-making process - also called natural justice
Define 'anarchy'
A state of chaos and disorder resulting from the absence of laws and government
Name the four main roles of law.
Establishing boundaries
Protection
Freedom
Resolving disputes
Give one example a rule (not a law)
Example - wearing a school uniform, no phones in class
Lady justice holds a sword and scales, and wears a blindfold. What does each represent?
Sword = enforcing decisions
Scales = weighing up evidence
Blindfold = impartiality
Name the two main principles of natural justice
The right to be heard, and the right to an unbiased decision-maker
Define 'tyranny'
Rule by a single leader holding unlimited power over the people of a country or state
Give one example of law acting in its 'freedom' role
Example - the law allows people to own and run a business, drive a car, marry or divorce
Name three things that make a law different from a rule
Binding on the whole community, enforceable, offically recognised, accessible, relates to public interest, reflects rights and duties
What is the difference between 'equality' and 'fairness'?
Equality means treating everyone the same; fairness means ensuring the law doesn't have an unfairly harsh effect on an individual - it can allow for different treatment to reach a fair outcome
What is the 'rule of law'?
The principle that no person is above the law, including those who make it - everyone is answerable to the same laws
Why is a balance between too few and too many laws important?
Too few laws lead to anarchy and chaos; too many laws lead to tyranny and lost freedom. The right balance protects both order and freedom.
Why is the law described as 'dynamic', and why does it often play 'catch-up'?
It is always evolving in response to society's changing values, expectations and technology, but changes to the law lag behind those shifts.
A council fines a resident because their dog isn't registered. Is this a custom, a rule or a law? Justify your answer
A law - it is enforceable by the state, officially recognised, and binding on everyone in the community, not just a group
What is doli incapax, and what age does it set in Australia?
The presumption that a child cannot be held criminally responsible below a certain age. 10 in Australia
Why can even the appearance of bias breach natural justice?
Natural justice requires an unbiased decision-maker. Even if actual bias didn't affect the outcome, the mere appearance of bias undermines trust and fairness in the decison-making process
How does tyranny affect people's freedom under the law?
Under tyranny, one leader holds unlimited power, so the law no longer protects people's freedoms - it becomes a tool of strict control instead.
How can law both restrict our freedom and protect us? Give an example
By telling us what we cannot do (e.g. drink-driving laws, or wearing a helmet), the law limits individual freedom, but this same restriction keeps other people in society safe - protection and boundary setting-working together
Explain why rules 'form the basis for laws' but are not enforceable by the state
Rules are made and enforced by groups or organisations (e.g. a school or workplace) rather than by government, so breaking them has consequences but not legal penalties.
Why is it difficult for law-makers to reflect society's values and ethics in law, and how do they get around this problem?
People hold differing standards of what is morally right and wrong, so laws can only cover values that are common to the majority of society - and because values change over time, the law needs to stay adaptable.
What is 'arbitary' power, and how does the rule of law work to elimate it?
Arbitary power means unrestrained or inconsistent use of authority - making decisions with no reference to the law. The rule of law eliminates this by requiring everyone, including law-makers, to be answerable to the same publicly known laws
Why does anarchy often occur after a natural disaster?
Because law enforcement agencies may no longer exist or are unable to enforce laws in the aftermath, leaving a gap in authority that can lead to chaos, violence and looting.