What Characterizes a Just Law?
- Submitted by: claire020
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- Category: Politics
- Date Submitted: 03/06/2010 10:38 PM
- Pages: 3
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A just law is one that is good and fair according to universal principles. But what characterizes a just law?
For a law to be just, it must be Acceptable, Enforceable and discoverable and impose the characteristics access, equity, fairness, equality and human rights for individuals in a society.
For a law to be accepted in society, it must represent the morals, values and opinion of the vast majority of people within that society. This includes religious views if it can be accommodated in society’s law efficiently. In past years, shops and hotels would close down on Sunday in favour of the religious and family values of Australians. This is an example of natural law which is the idea that certain rules of nature are ordained by god or a higher being.
It must also be enforceable onto all individuals. When a law is past, we trust that it will provide certainty and those that break these laws will be prosecuted. An example of the importance of enforcement of law is the Williams Vs Queen Case in 1978. At the time, it was illegal to possess any amount of marijuana but this cased proved the injustice of that law. In 1977 William was convicted for the possession of a small quantity of marijuana. However, even with the prohibited plant being declared with the Queensland Health act, the judges found that the amount was so minimal that it could not be used and therefore Williams won the case. This changed the Australian marijuana laws as the police could not enforce a law that so many individuals were flouting.
For a law to be discoverable, the society must be in knowledge of how laws operate in any situation. Both the courts and parliament are open to the public in that they are either witness to or involved in the creation of a new law. Both laws and the manner in which they are applied should be open to public scrutiny. Open court hearings, the parliamentary system and media coverage of new and controversial laws allow the law to be fair.
Accessibility is an...
For a law to be just, it must be Acceptable, Enforceable and discoverable and impose the characteristics access, equity, fairness, equality and human rights for individuals in a society.
For a law to be accepted in society, it must represent the morals, values and opinion of the vast majority of people within that society. This includes religious views if it can be accommodated in society’s law efficiently. In past years, shops and hotels would close down on Sunday in favour of the religious and family values of Australians. This is an example of natural law which is the idea that certain rules of nature are ordained by god or a higher being.
It must also be enforceable onto all individuals. When a law is past, we trust that it will provide certainty and those that break these laws will be prosecuted. An example of the importance of enforcement of law is the Williams Vs Queen Case in 1978. At the time, it was illegal to possess any amount of marijuana but this cased proved the injustice of that law. In 1977 William was convicted for the possession of a small quantity of marijuana. However, even with the prohibited plant being declared with the Queensland Health act, the judges found that the amount was so minimal that it could not be used and therefore Williams won the case. This changed the Australian marijuana laws as the police could not enforce a law that so many individuals were flouting.
For a law to be discoverable, the society must be in knowledge of how laws operate in any situation. Both the courts and parliament are open to the public in that they are either witness to or involved in the creation of a new law. Both laws and the manner in which they are applied should be open to public scrutiny. Open court hearings, the parliamentary system and media coverage of new and controversial laws allow the law to be fair.
Accessibility is an...