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(First 2 Pages of Syllabus)
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What is the Meaning of Law (Define Law)
A system of rules created and enforced by governments to maintain order, protect rights, and resolve disputes in a society.
Customs (Define)
Not Law Enforceable
Applies to Everyone
Societal Norms
Family Influence
Expectations of Individuals
Rules (Define)
Clear Instructions or Guidelines
Established by Authority
Only Applicable to certain people in a specific place or situation
Not law Enforcable
Law (Define)
Enforceable by law
Serious consequences if broken
Apply to everyone in a certain jurisdiction
Values and Ethics (Define)
Moral Obligations not set out by authority but rather an individuals Choice
Values
Prioritising significance of moral choice
usually individuals
Ethics
Instruct people on what is right and wrong in certain situations
Usually more common/societal
Characteristics of Just Laws
known to the public
widely accepted
provide stability and accessibility
Follows the requirements of procedural fairness
allows for different levels of severity
upholds and protects human rights
Nature of Justice (Define)
Equality
Fairness
Access
Equality - Equal treatment, people who are in similar situations are treated equally
Fairness - Impartial and just treatment or behaviour
Access - The means or oppportunity to obtain or receive legal assistance
Procedural Fairness (Define and Discuss)
the right to know what you are accused of ( and who is accusing you)
the right to appeal
the right to a fair hearing
Ensures transparency in the legal system
Ganeef (2007)
Anarchy (Define)
Anarchy refers to a situation where there is no government or law enforcement. It’s a state of lawlessness or disorder, where individuals or groups act without any authority or formal rules to govern their actions.
Tyranny (Define)
Tyranny is when a government or leader has absolute power and uses it in a cruel or oppressive way. It often involves ignoring laws, violating rights, and controlling people through fear or force. The government is typically not accountable to the people.