michaelb92
Member
- Joined
- Aug 24, 2009
- Messages
- 38
- Gender
- Male
- HSC
- 2010
Where can I find information about just laws? I have a question to do for legal studies "What characterises a just law?" which is worth 5 marks.
-
Looking for HSC notes and resources? Check out our Notes & Resources page
Just laws (1 Viewer)
- Thread starter michaelb92
- Start date
BHS10
Shining Down On You.
- Joined
- Nov 10, 2008
- Messages
- 255
- Gender
- Male
- HSC
- 2010
A law can be considered just if:
• It treats people equally
• It aims to ensure the greatest number of people happy (utilitarianism).
• It is based on religions or ethical precepts which most people follow
tht's all you need to know really
• It treats people equally
• It aims to ensure the greatest number of people happy (utilitarianism).
• It is based on religions or ethical precepts which most people follow
tht's all you need to know really
michaelb92
Member
- Joined
- Aug 24, 2009
- Messages
- 38
- Gender
- Male
- HSC
- 2010
ok, cheers
jeff.wong
Member
- Joined
- Oct 27, 2008
- Messages
- 177
- Gender
- Male
- HSC
- 2008
A just law is one that is:
o Public: Both the laws themselves and the manner in which they are applied should be open to pubic. In Australia, open court hearings, parliamentary system and media coverage allow public scrutiny and debates about laws and the legal system.
o Quick and efficient: ‘Justice delayed is justice denied’. This means that the legal system can only operate justly if it deals with cases quickly and efficiently. In criminal cases (especially in serious offences) the offender is often held in remand, they are denied their freedom for a long time if court hearings are delayed. This is particularly serious if the offender is found not guilty.
o Consistency: Laws must be applied consistently; similar case must apply in the same way. Sentencing Act 1989 (NSW) was introduced to increase consistency in sentencing.
o Merciful: A legal system should be merciful; it needs to look at the circumstances surround each case and make allowances for them if appropriate.
o Allow for individual freedom: Individual freedom is restricted to a certain extent when a person lives in a society. However a just legal system must also allow individuals as much freedom as possible.
o Public: Both the laws themselves and the manner in which they are applied should be open to pubic. In Australia, open court hearings, parliamentary system and media coverage allow public scrutiny and debates about laws and the legal system.
o Quick and efficient: ‘Justice delayed is justice denied’. This means that the legal system can only operate justly if it deals with cases quickly and efficiently. In criminal cases (especially in serious offences) the offender is often held in remand, they are denied their freedom for a long time if court hearings are delayed. This is particularly serious if the offender is found not guilty.
o Consistency: Laws must be applied consistently; similar case must apply in the same way. Sentencing Act 1989 (NSW) was introduced to increase consistency in sentencing.
o Merciful: A legal system should be merciful; it needs to look at the circumstances surround each case and make allowances for them if appropriate.
o Allow for individual freedom: Individual freedom is restricted to a certain extent when a person lives in a society. However a just legal system must also allow individuals as much freedom as possible.