lagal studies
Legal Studies
Topic One: Law and Society
The Essential Influences on Law
Natural Justice - a fair hearing.
Justice - a decision that is good and fair according to universal principles.
The concept of the rule of law
Rule of Law
The ‘rule of law’ is a principle that requires the law to be known and applicable to all citizens. It requires that the law should be known by those that it may affect and it should apply equally.
The social, cultural, moral, political and economic influences
Influences on the Law
There are 5 main influences on the development of law:
Social
These are the combined cultural, moral and intellectual preferences that affect law-makers
Cultural
These include the religion and philosophy of a society.
Moral
Laws created or changed due to what society believes is right or wrong.
Political
These come from lobby groups as well as political parties themselves.
Economic
The power of major corporations
Nature of Law
Development of law as a reflection of past and present society
Nature of Law
The Development of Law
Australian law has developed from a number of sources:
Received English law (doctrine of reception)
Imperial Acts > Constitution
Developing Common Law > Statutory developments
Doctrine of Reception
If English gained land by war or treaty, then the law used is that which the inhabitants used,
If English created a colony in an uncultivated land, or land with laws which weren’t recognised by the English, then English law applied.
Customary law, common law and civil law systems
Customary law is law that has arisen due to long-continued practises.
Civil law system, the judge can ask questions and call upon evidence,. It also refers to private law e.g. suing someone.
Common law refers to the system of law which comes from England. The law made by courts and judges.
The purpose of different types of law: domestic and international law; public and private law; civil and criminal law; contract
Topic One: Law and Society
The Essential Influences on Law
Natural Justice - a fair hearing.
Justice - a decision that is good and fair according to universal principles.
The concept of the rule of law
Rule of Law
The ‘rule of law’ is a principle that requires the law to be known and applicable to all citizens. It requires that the law should be known by those that it may affect and it should apply equally.
The social, cultural, moral, political and economic influences
Influences on the Law
There are 5 main influences on the development of law:
Social
These are the combined cultural, moral and intellectual preferences that affect law-makers
Cultural
These include the religion and philosophy of a society.
Moral
Laws created or changed due to what society believes is right or wrong.
Political
These come from lobby groups as well as political parties themselves.
Economic
The power of major corporations
Nature of Law
Development of law as a reflection of past and present society
Nature of Law
The Development of Law
Australian law has developed from a number of sources:
Received English law (doctrine of reception)
Imperial Acts > Constitution
Developing Common Law > Statutory developments
Doctrine of Reception
If English gained land by war or treaty, then the law used is that which the inhabitants used,
If English created a colony in an uncultivated land, or land with laws which weren’t recognised by the English, then English law applied.
Customary law, common law and civil law systems
Customary law is law that has arisen due to long-continued practises.
Civil law system, the judge can ask questions and call upon evidence,. It also refers to private law e.g. suing someone.
Common law refers to the system of law which comes from England. The law made by courts and judges.
The purpose of different types of law: domestic and international law; public and private law; civil and criminal law; contract