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