Anarchy | The absence of or non recognition of traditional forms of authority, government and hierarchy. Often used to describe chaos, disorder and lawlessness |
Customary law | Rules developed over time from accepted social or moral norms rather than through formal legislative processes |
Customs | The government agency that controls the flow of goods, people and vehicles across a country’s borders |
Doli incapax | Latin word meaning ‘incapable of crime’ and is a common law principle presuming that children aged 10-13 lack the legal capacity to form criminal intent, protecting them from criminal responsibility. In Australia children under 10 are considered incapable of committing an offence giving them absolute immunity. |
Equality | The state of being equal, especially in status, rights or opportunities |
Ethics | A system of moral principles and values that guide human conduct determining what is considered right or wrong for individuals and society |
Fairnes | Impartial and just treatment or behaviour without favouritism or discrimination |
Justice | The principle of fairness, moral rightness, and equality ensuring individuals receive what they deserve or are due |
Legal system | The framework of rules, laws, and institutions such as courts, police and legislatures, and that a society uses it to govern behavior, resolve disputes and enforce justice. |
Sanction | A threatened penalty for disobeying a law |
State | A nation or territory considered as an organized political community under one government |
Natural justice/ Procedural fairness | Procedural fairness; ensuring fair decision making by authorities by requiring impartiality and the right for the affected individuals to be heard. Demanding decisions to be made unbiased and evidence-based. |
Rules of law | The principle that all people and institutions including the government are subject to and accountable under the law which must be clear and accessible |
Rules | Prescribed directions of conduct that apply only to certain people at certain times. |
Tyranny | Cruel and oppressive government or rule |
Values | Principles or standards of behaviour; one’s judgement of what is important in life |
Perjury | When you lie in court or when you fill out a legal document; penalty of 10 years |
Indictable | Something that would take multiple trial |
Summary offence | Something that could be dealt with quickly |
Precedent | A precedent is a previous court decision, action, or rule that serves as an example or guide for making similar decisions in future, identical, or similar cases. It is a fundamental part of common law, ensuring consistency and predictability in legal rulings |
Tort | A tort is a civil wrong—other than a breach of contract—that causes harm, injury, or loss to another person, their property, or their reputation |
Ratio decidendi | Reason for the decision |
Obiter dicta | Said in passing |
Quick review
Customs- habits and traditions that have been developed by society and passed down and enforced through social pressures
Values- things that are considered important/ beliefs
Ethics- A system of moral principles and values that guide human conduct determining what is considered right or wrong for individuals and society
Rules- direction of conduct that only apply to certain people at certain times, and are only enforceable by those who set the rules
Laws- recognised rules which are equally and impartially binding on all members of society, are enforceable by members of the government and punishments such as fines and penalties can be applied when breached. utilitarian>retrospective
the relationship between customs, values, ethics, rules and laws- Laws reflect a society’s accepted values, ethics and customs. They aim to achieve the greatest good for the greatest possible number of people, suggesting that laws are not retrospective.
Describe the nature of justice- the nature of justice refers to upholding generally accepted rights and enforcing accountability, aiming to ensure equal outcomes for those involved. There must be evidence of equality, fairness and access in order for justice, meaning the laws must be known and easy to find, and outcomes should be balanced.
Describe the characteristics of just laws- Just laws can be described as laws that are equally and impartially binding on all members of society
Define procedural fairness
Define anarchy and tyranny- absolute freedom vs absolute control