Basic Legal Concepts
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Basic Legal Concepts
The law is a complex system of rules that aim to maintain order in our chaotic society. It establishes and enforces rules on the way individuals in a society conduct themselves and outline punishments for those that do not follow the law. A country’s social values and customs are sanctified in its laws. As these values and customs change so do the laws. The basic legal concepts are the fundamental principles of law that are essential for the proper functioning of society.
The law as we know it has evolved from centuries of customs and values. In earlier history people tended to band together to form societies in order to survive. Overtime, these societies had developed customs and values. Values are ethical beliefs on what is morally right or wrong. Directly influenced by these values, people developed habitual practices and rituals known as customs. Traditions are the handing down of these customs from generation to generation. As more people in a society began to follow these customs and traditions, they became rules of that society. These rules of society are collectively known as customary law. Customary laws are generally unwritten or oral laws that consist of acceptable behaviour within a particular cultural or social group. Different cultures have different customs and values and evidently different customary laws dictating their lives. (Dictionary.com, 2011) (Paul, Daryl, Kate, Tim, & Phil, 2010) (Aninssimov, 2011) (Customs (Law), 2011)
The English customary laws were the basis of common law in Australia. Before the 11th century in England, disputes and punishments were decided on the basis of local customs and traditions. However during the 12th century a system of travelling judges began to be used. These judges would apply a common set of laws and similar cases would be treated similarly. The decision the judges made set the standard for future similar cases. This is referred to as precedents. This idea of precedent ensured...
The law is a complex system of rules that aim to maintain order in our chaotic society. It establishes and enforces rules on the way individuals in a society conduct themselves and outline punishments for those that do not follow the law. A country’s social values and customs are sanctified in its laws. As these values and customs change so do the laws. The basic legal concepts are the fundamental principles of law that are essential for the proper functioning of society.
The law as we know it has evolved from centuries of customs and values. In earlier history people tended to band together to form societies in order to survive. Overtime, these societies had developed customs and values. Values are ethical beliefs on what is morally right or wrong. Directly influenced by these values, people developed habitual practices and rituals known as customs. Traditions are the handing down of these customs from generation to generation. As more people in a society began to follow these customs and traditions, they became rules of that society. These rules of society are collectively known as customary law. Customary laws are generally unwritten or oral laws that consist of acceptable behaviour within a particular cultural or social group. Different cultures have different customs and values and evidently different customary laws dictating their lives. (Dictionary.com, 2011) (Paul, Daryl, Kate, Tim, & Phil, 2010) (Aninssimov, 2011) (Customs (Law), 2011)
The English customary laws were the basis of common law in Australia. Before the 11th century in England, disputes and punishments were decided on the basis of local customs and traditions. However during the 12th century a system of travelling judges began to be used. These judges would apply a common set of laws and similar cases would be treated similarly. The decision the judges made set the standard for future similar cases. This is referred to as precedents. This idea of precedent ensured...