Legal Studies Extended Response

Questions
Melissa Courtalis
Q.1: To what extent is law influenced by the
society in which it operates.

The extent to which law is influenced by the society in which it operates is

evident through the examination of legal principles, case law, legislation, journal
articles, media reports, treaties and other documents. Societys influence as a
combination of the following aspects moral, cultural, political and economic
influences.

The first indication that law is influenced by the society in which it operates is
the relationship between rules, laws and customs. Custom are practiced by a
group in society over a period of time, and if they gain greater acceptance they
can become a rule, if the majority of society abides by this rule it can then become
a law, highlighting the reflection of societies influence on law and law makers.

The Franklin Dam Case shows that the law and decisions of parliaments can be
swayed by society. In this case the majority of society (mainland Australian and
politicians) persuaded the government to make a decision to favor the beliefs of
the majority of society over the beliefs of the minority of society (i.e. the residents
of Tasmania).

Societys changing attitudes to women and other disadvantaged groups is

reflected in many pieces of legislation specifically Anti-Discrimination
legislation, including: Anti-Discrimination Act 1977, Affirmative Action (Equal
Opportunity for Women) Act 1986 (Cth) and Anti-Discrimination (racial vilification)
Act.

Similarly cases such as the Wik and Mabo Cases and the introduction of the
Native Title Act 1993 highlight a significant change in societys attitude towards
people and these reflections in both the statute and common law signify the
reform of law as the social codes change.

In addition to the above legislation, amendments to the Sentencing Act have been
made to accommodate societys changing attitudes towards Battered Womens
syndrome and other disadvantages convey the legal systems response to
societys changing attitudes.

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The recent attempts to change Marriage Legislation aiming to prevent
homosexuals and lesbians from getting their marital status recognized in

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