Saturday, May 18, 2019

Legal Studies †Basic Legal Concepts Essay

Law is a find of rules that is binding the companionship. A set of rules that can be enforced and is offici ally recognized. Law must be capable or remediate and change as societys values and ethics change. Relationship between customs, rules and laws-Customs and rules rate behavior but the courts do not enforce them on community members. The community may broadly speaking see a custom as aright but it is not legally enforceable. Rules, however, may visit offenders but rules only apply in certain circumstances and beas. Laws are legally sanctioned and are enforced by the courts.Although the community generally accepts all three, rules and customs do not have the very(prenominal) legal sanction as laws. An example of this is fastball in public restaurants. It was a custom for cheat on owners to provide a smoking and non-smoking section in their restaurants. Once the dangers of smoking became known rules were put in to prevent smoking in restaurants. Laws were then passed in public interest to make sure that smoking was only allowed in outdoor sections of restaurants.* They are all types of rules* They can all be made into laws * They all regulate human behaviour * They all carry consequences when they are breeched, sanctionsValues- Principals or attitudes which society sees as important. The lesson principles and tenets which reflect societys judgment about the importance of different things. a personal belief system Ethics- a set of moral beliefs governing behaviour. Ethics define what we consider to be the right and wrong way to behave. a code of conduct moral principles Characteristics of Just Laws* It is enforceable * It is binding on the community * It is in the publics interest * It is discoverable * It is accepted by the community * It reflects community moralityNature of rightness * Equality- equal treatment or equal opportunity. That all people are entitled to enjoy the same rights, responsibilities, opportunities and that no one should be privileged or disadvantaged. * Fairness- achieving equal outcomes for people. Achieving bonny and equal outcomes according to generally accepted ideas about what is right and just.* AccessibleProcedural Fairness, Principles of Natural Justice * The right to be heard * The right to have a decision made by an artless decision maker * The right to a decision based on logically relevant consequence Justice- a concept about what is right and wrong and what is fair and unfair. A combination of elements such as, equality, equity and reasonableness Rule of Law Everyone is subject to the same laws, no one is above the law. Punished every bit through sanctions (penalty) Anarchy- a state of chaos resulting from the absence of laws and/or government. Tyranny rule by a single leader holding absolute power in a nation-state

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