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Basic Legal Concepts

The Meaning of Law

Definition of Law
A special set of rules imposed on all members of society, which are officially
recognised,
binding and enforceable by persons or organisations such as police/courts.
Laws are made by a sovereign power (a person or institution that has the
authority to make laws.)
Examples of Sovereign Powers:

Parliament (For democratic countries such as Australia, Britain and the

USA)

Society elects members of parliament to make laws on their behalf

Australian Legal System

Australia has a type of legal system known as ‘common law’. This system
allows for laws to also be made by judges when there is a lack of statute law
(discussed CHP2)

Features of Laws
The most important feature of law is that it is universal. This means that the law
applies constantly and consistently, meaning the law is always in full effect. For
eg at a stop sign every car must come to a stop
The other most important feature is that it applies to everyone. Regardless of a
persons position, wealth or power they must still abide with the law. For eg in
2008 the prime minister of Thailand was charged with fraud

Law enforcement
Laws are strictly enforced and those who breach them often face sanctions
such as fines, community service or in serious cases, imprisonment. Laws are
enforced by the police and the courts

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 Customs, Rules and Laws

Customs
Customs are defined as the ways of behaving that have been established
through longstanding traditions.
Customs are not written down, instead they tend to be passed through
generations. Parents, the media and education systems all help ensure
customs are passed down to children. Hence customs are enforced by social
pressures rather than a legal system.
When someone doesn't abide with a custom they may face ridicule/exclusion.

Rules and Laws

Rules are established to ensure the smooth operation of society but only apply
to certain people at certain times. Laws however are universal meaning they
are consistently and constantly applied.
Rules are recorded either by being written down or through the use of symbols,
eg a no smoking sign. Rules are more enforceable than customs and penalties
such as fines are used to ensure people comply.

Values and Ethics

Values
The values held by society are a reflection of things we consider important.
These values are reflected in the law. Eg we consider private property important
and thus we have many laws protecting property. In this sense laws reflect
values held by society

Ethics

Ethics are defined as what society considers right and wrong. When we act
ethically we act in the right way. Eg finding a wallet and reporting it instead of
stealing

Values and ethics must be adaptable to be effective and hence are not constant.
There are many examples of the way changes in values and ethics have reflected in
law changes.

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 E.g Australian values concerning the role of women have changed and has
resulted in the Anti Discrimination Act 1977 and the Sex discrimination Act 1984

The use of the death penalty has been abolished in Australia due to changing
values.

Characteristics of Just Laws

For a law to be valid it must be just, this meaning that:

1. It is equal. A just law treats every person the same. This however, does not
mean the outcome of the law is the same. For eg John is a pensioner earning
180 a week and Sarah is an executive earning 2200 a week. If they both got
charged for speeding the fine would be the same but would impact John much
more

2. It is based of widely held values

3. It is Utilitarian, meaning that an action achieves the greatest good for the
greatest number of people. Thus laws need to benefit society as a majority

4. It aims to redress inequalities. Laws should ensure systematic inequality is

avoided. Eg a law states that a woman should not be payed less than a man for
the same job.

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Nature of Justice

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