Year 11: The Legal System

• Year 11 Term 1 will cover Part 1: The Legal System

Principal Focus

• Develop understanding of the nature and functions of law through examination of law-making processes and institutions.

Themes and Challenges

• The need for law in operation of society.
• Importance of the rule of law for society.
• The relationship between different legal institutions and jurisdictions.
• The development of law as a reflection of society.
• Influences on the Australian legal system.

Basic Legal Concepts

• The understanding of law, distinguishing it from rules and customs
• Discuss why laws are necessary for maintaining order in society and how they impact individuals and communities.
• The need for law in the operation of society and the importance of the rule of law for society are critical

Key Terms

• Law: a set of officially recognized, binding, and enforceable rules imposed on all members of a community.
• Values: principles, standards, or qualities considered worthwhile or desirable within society.
• Rules: regulations or principles governing procedure or controlling conduct.

Meaning of Law

• Law is a dynamic mechanism that evolves from culture, tradition, and values.
• Law sets down enforceable rules to guide relationships between people and organizations within a society.
• Law ensures the impartial treatment of people and outlines punishments for those who do not follow agreed conduct rules.
• Lawmakers attempt to keep pace with changes in society.
• A society lives by rules which are needed to understand why we live in a society
• A society is linked by mutual interests, relationships, shared institutions, and a common culture.
• Throughout history, people lived by rules that protected their lives and their property
• Today, governments impose laws that affect society and are enforced with consequences for breaches.

Customs, Rules and Laws

• Customs: Established patterns of behavior in a society or group, they vary based on culture, religion, and history.
• In Australia, it is custom to shake hands, whereas Europeans kiss.
• Some customs become laws accepted over time.
• Customary Law: Accepted patterns of behavior important enough to be enforced, developed over time to promote harmony in society.
• Three types of customary law influencing Australia, Aboriginal and Torres Strait Islander, English, and International.
• Some customary laws are unwritten, while others become written laws in formal legal systems.
• Rules are directions for behavior in specific situations, made by groups and only apply to members of that group
• Examples of rules are rules for games or classroom behavior.
• Breaking rules leads to punishments.
• Rules can be changed quickly if the group agrees.
• Rules form the basis of laws but are easier to change.
• Laws are harder to change and involve a more complex punishment process.

Laws Differ From Rules Because:

• Laws are binding on the community, they apply to all members of society.
• Laws can be enforced, penalties apply if a law is broken.
• Laws are officially recognized, governments and courts recognize laws and enforce them.
• Laws are accessible (or discoverable), and people can find out which law applies to a particular situation.
• Laws relate to the public interest, they exist for things that concern the whole of society.
• Laws reflect rights and duties, everyone in society has responsibilities to others and has the right to be treated a certain way.