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11 Pages • Topic Notes • Year: Pre-2021
summarised notes from the syllabus syllabus part I: the legal system basic legal concepts law: the law is a set of rules imposed on all members of a community which are binding and enforced by administrative bodies. 1.2 The need for law i. Laws regulate society by telling us what we can do and when we can do it. ii. Laws enforce values that society consider to important. iii. Laws protect members of the community from harm. iv. When people come to conflict, the law defines the rules and provides a venue for finding a resolution. v. When rights have been violated, the law provides a means of enforcing rights and gaining compensation. custom: established patterns of behaviour, habits, or traditions among individuals in society or group. it is not enforceable rule: regulations or principles governing procedure or controlling conduct. values: things that people or society hold to be important (fairness, gun rights) morals: a belief about what is right and wrong and are individual in nature ethics: concerns about the right behaviour in a situation and they are usually guided by morals - many professions such as doctors are guided by the code of ethics to assist in ensuring the right decisions are made. characteristics of just laws/justice: Equality, Fairness, Access. justice: concept of justice involves the fair and impartial treatment of all persons, especially under the law. Equality means that all people in a society are treated in the same way with respect to political, social and civil rights and opportunities. Fairness means free from bias, a concept commonly related to everyday activities. Access refers to the ability to obtain or make use of something. procedural fairness: everyone is treated the same by the legal system. (regardless of who they are and what crime they are accused of) -Interchangeable with natural justice and means that there must be fairness in the process of resolving disputes -Two main principles: the right to be heard and the right to have a decision made by an unbiased decision-maker -Transparency in decision-making process and decisions must be based off of logical and relevant evidence rule of law: the 2 main principles: 1. no one is above the law 2. law cannot be applied arbitrarily. anarchy: chaos and disorder resulted from absence of law
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