Legal studies class notes:

The legal system

Definitions-
Law: a set of binging rules that are enforces on all members of society which are recognised
officially and are enforceable by persons or organisations such as the police and or courts.
Customs- collective habits or traditions that have developed in society overtime
Rules- prescribed directions for conduct in certain situations.
Equality: the state of being equal: having the same rights or status
Fairness: freedom from bias, dishonesty or injustice
Access: the right or opportunity to make use of something
Doli incapax- incapable of doing wrong.
Values- our principles or standards of behaviour, subjective beliefs on the world
around us
Ethics- set of principles and values that govern behaviour based on ideas
of right or wrong

How are they created?

Law: ‘legal rules have been agreed upon by the majority of those in the group, government,
parliament (statute law), courts (common law).
Customs- develop through general usage and are created by different cultures, religions and
history
Rules- generally made by groups and only affect people in those groups

How are they enforced?

Law: enforced by judicial decisions? Police enforced, if broken punishments follow.
Customs- social exclusion, respect, criticism
Rules: punishment, Consequences, being told about them.

Characteristics of just laws:

- In order for a law to be valid, a law must be just
- Several features including:
o Laws are equal and binding on the whole community
o Laws are based on widely held values
o Laws are officially recognised
o Laws can be enforcing
o Laws are utilitarian
o Laws aim to redress inequalities
o Laws must minimise delays
o Laws must not be retrospective
o Laws are accessible and must be known
o Laws reflect rights and duties
- justice is the legal principles of upholding generally accepted rights and enforcing
responsibilities, ensuring that equal outcomes are achieved for those involved.
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