Chapter 5: Law and society Law and Legal systems Chapter 5: Law and society

The individual and the law Values influence and dictate our laws What are examples of laws that reflect the following values? Respect for life? Equality? Freedom and tolerance? Protection of the weak? Murder (Criminal law) Equal opportunity (Workplace) Anti-discrimination laws Assault (Criminal law)

Values and the Law Many of us do have conflicting values, therefore laws can be controversial. It is up to the Political and Legal system to settle these competing values and opinions. There is a compromise to reflect will of the people.

Law- Definition Laws are formal rules consciously determined by society and are enforceable by the courts. Or put more simply…

Law- Definition Rules of conduct enforceable by the courts. It is easy to find out what laws there are as they contained in statutes (parliament made) or common law (court made).

Functions/roles of Law It must be remembered that law is both: Written codes of conduct setting out expected behaviours of people AND The Legal system, practices and culture that are created to enforce laws.

Functions of Law To promote and represent the values and aspirations of the community. To provide a structure for the creation, enforcement and alteration of the law. To regulate and control the basic activities of humans To provide a clear statement of behaviours to what is acceptable.

Functions/roles of Law A basis for the protection of people. Formal means of dispute resolution. To encourage a culture of respect and observance of the law in society to avoid anarchy.

Ineffective Laws Laws are pointless if they are ignored, not enforced or basically ineffective. What are examples of laws that are ignored by the citizens? Examples of laws not enforced by police?

Jaywalking Illegal or reckless pedestrian crossing of a roadway A violation of pedestrian traffic regulations and laws and is therefore illegal. Laws against jaywalking are rarely enforced, with the exception of the occasional police "blitz"

“WA alcohol laws 'not effectively' enforced or monitored.” LIQUOR LAWS: A damning report shows responsible service of alcohol is not being monitored or enforced effectively in WA.

“WA alcohol laws 'not effectively' enforced or monitored.” POLICE and the Department of Racing, Gaming and Liquor are not effectively monitoring or enforcing the responsible service of alcohol in WA, a scathing report has found. The damning review by Auditor General Colin Murphy, tabled in State Parliament today, found the lack of collaboration between the two agencies had ``contributed to to gaps in monitoring activity, lack of coordination and poor use of information'' in regulating the Liquor Control Act.

Then, what makes laws effective? Effective Laws Applies universally to all Respected and acknowledged by the community Degree of flexibility in its application Complements other laws Clear in its wording Can be enforced in a straight forward manner Provides appropriate sanctions

Classifying Laws Laws are classified by: The source: where/how the law was made, and by The human activity: the area it intends to regulate.

The 2 Sources of law: Statute Law is law passed through parliament Common Law is law that is developed over time by judgments made in the courts.

Regulate & protect the public Public Law Public law applies to the conduct of the whole society, to protect and regulate social interaction. Constitutional law Industrial relations law Criminal law. Take out text books and turn to page 149 to find explanations of each type of law.

Regulate & protect individuals Civil law Private or civil law regulates the conduct of individuals with other individuals. Issues are resolved without the involvement of govt. or police. Contract law Tort law (Latin for ‘wrongs’) Individual vs Individual Explanations of contract and tort law on page 150 of text books

Industrial relations law Statute Law Common Law Public Law Constitutional law Industrial relations law Criminal law Civil Law Contract Law Law of Torts Classifying Laws 4 Ways

Rule of law No individual is above the law Laws should express the will of the people Citizens are ore willing to obey the laws as they have direct input. Strong, independent courts led by well trained and impartial judges. Page 150

Rule of law Australia’s representative democracy is based on rule of law. Write a definition for ‘rule of law’. Definition: The principle that all individuals are equal before the law………. (Willmott, pg 469) Definition of rule of law on page 469 of textbooks

Chapter Learning Objectives: You should be able to: Identify fundamental values that underpin our laws Discuss functions of law Characteristics of effective law Classify law four ways (by source and intended human activity) Identify types of Public law and Civil law Describe the meaning and significance of the ‘rule of law’