Anarchy: A state of society without government or law
Custom: Traditional ways of behaving that are enforced by social pressure
Rules: Principles or regulations that govern conduct or procedure and may or may not be legally enforced
Law: The regulations that come from the government and apply to people in the state/country which may be legislation, custom or policy
Fairness: A practice free from bias, dishonesty or injustice
Equality and justice: Equality involves the equal treatment of people whilst justice involves being righteous and equitable
Values and ethics: What society considers important and the moral principles governing them. Laws are introduced to reflect the values and ethics of society and may sometimes be used to change society’s views. It is better for both individual and societal goods if laws are consistent with current views.
Relationship between custom, rules and law: A custom is a practise that has a long tradition and is generally accepted by the community as being right, and is not necessarily written down. Rules have more force than custom as punishments may be imposed on the people who break them. Unlike law, neither rules nor custom have the force of legal sanction.
Why the law is necessary: Creates order in society, Gives people responsibility in the way they act, Installs Justice.
Factors affecting perceptions of the law: Age, Past Experience of the law, Cultural Factors, Education, Gender, Nationality, Media, Financial (Socio – Economic Status)
Topic 2 – Sources of Law
|Aboriginal Customary Law |Contemporary Australian Law |International Law |
|Spiritual nature of AC law |Common law |Origins and sources; treaties, customs, |
| | |legal decisions, legal writings |
|Diversity of AC law...