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Basic legal concepts

Meaning of law:

  • The law is a set of rules imposed on all members of the community
  • Laws are officially recognised, they are binding on all people and they can be enforced in the courts
  • The law provides penalties for those who don’t obey it and remedies for those who have been wronged

Customs, rules and laws:

  • Customs are patterns of behaviour among people in a society or group:
    • They are habits and traditions that have developed over time in that group
    • They are not enforceable, but over time some customs might develop into formal laws
  • Rules are made by individuals or a group to maintain conduct in certain situations:
    • Rules only apply to people in that group and can vary depending on the event or situation they are used in.
    • Rules can have consequences in the group for being broken.
  • Laws are made up of the formal rules of society:
    • Laws allow and prohibit a whole variety of activities, from where rubbish should be placed to how we should treat others.
    • Failure to follow laws incurs penalties ranging from a fine to imprisonment.

Characteristics of just laws:

  • A just law is one that allows everyone to receive fair treatment and outcomes, as well as ensuring that human rights are recognised and respected.

The nature of justice:

  • ‘Justice’ involves the fair and impartial treatment of all people under the law. It is the role of the legal system to achieve justice for all people in society.
  • The following are essential to ensure justice can be achieved:
    • equality – that all people are treated in the same way, without unfair advantage or disadvantage
    • fairness – that the legal system is free from bias, dishonesty or injustice
    • access – the right or opportunity to make use of something, particularly the legal system.

Procedural fairness and the principals of natural justice:

  • For justice to be achieved, there must be fairness in the processes used to resolve disputes.
  • The two essential features of a fair and just process are: the right to be heard and the right to have a decision made by an unbiased decision-maker.

Rule of law:

  • The rule of law requires that no one is above the law
  • This includes those who make and enforce the law

Anarchy and Tyranny:

  • Anarchy is the absence of laws and government
  • A state of anarchy can break out after a disaster or war
  • Tyranny is the opposite of anarchy - it is where one person holds absolute power over the citizens in their country
  • Tyrannical power usually imposes severe penalties for violations of the law