Basic Legal Concepts

Basic Legal Concepts

1. Meaning of Law

   • Any act of commission which breaches the acceptable code of society

2. Customs, Rules and Law

   • Customs: A tradition or a norm that is closely linked to religious, social or cultural practices.
   • Rules: Directions created in order to limit or control behaviour in certain circumstances if not obeyed.
   • Law: Any act of commission which breaches the acceptable code of society.

3. Values and Ethics

   • Values: A personal measure of right and wrong.
   • Ethics: A system of moral principles.

4. Characteristics of Just Laws

   • Laws must be discoverable meaning accessible; this means all people can read and understand them.
   • They must align with our values; this means incorporate our belief systems (religion).
   • Laws must create certainty by setting parameters and ensuring consistency.
   • Laws will protect from harm; protections for victims, perpetrators and society

5. Nature of justice: Equity, Fairness, access

   • Equity: Laws that don't discriminate and are applied equally
   • Fairness: Ensure a particular harsh effect on an individual and the right to appeal to a decision
   • Access: Ability to access the law, legal information and assistance to understand the law

6. Procedural Fairness

   • Assurance that a part to a dispute will be granted, the right to be heard, to a fair trial, and to an unbiased judge.
   • If there is a failure of natural justice, an avenue for appeal may open up

7. Anarchy

   • Failure of government

8. Tyranny

   • No distinction between law makers, law enforces and the courts. The fact that law enforces act arbitrarily and without fear of consequence

9. Rule of Law

   • No one is above the law; everyone is equal in the eyes of the law