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Understanding the Meaning of Law and Justice

Explore the origins and meanings of law, customs, rules, values, and ethics. Learn about just laws and the nature of justice. Discuss equality, fairness, and access to the law. Investigate the importance of procedural fairness and the principles of natural justice.

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Understanding the Meaning of Law and Justice

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  1. Mr Daly The Meaning of Law Learning Objectives: To Investigate the origins and meaning of law Learning Outcomes: To outline and explore customs, rules, laws, values and ethics Success Criteria: To be able to explain the characteristics of just law and the nature of justice Activities Explore the definition of Law Distinguish the origins and meanings between Customs, Rules, Law, Values the Ethics Investigate the characteristics of just laws and the nature of justice Compare and Contrast: equality, fairness, access

  2. Stages of Occupation • Socio-Cultural Influences • Political and Legal Influences

  3. Mr Daly The Definition of Law The system of rules which a particular country or community recognises as regulating the actions of its members and which it may enforce by the imposition of penalties. The Legal process is and must be… A Law must have and is defined by its… Read/Discuss: Page 3 of Pearson Text Brainstorm: Is law necessary for society to operate effectively? ForeignRoad Rules? Discuss examples of societies where law has broken down. Do they have characteristics in common?

  4. Mr Daly The Definition of Customs and Rules Customs A traditional and widely accepted way of behaving or doing something that is specific to a particular society, place, or time. Rules One of a set of explicit or understood regulations or principles governing conduct or procedure within a particular society, community or area of activity. Read/Discuss: Page 4 of Pearson Text Discussion: Where do rules and laws come from and why does society follow them? Use specific examples, e.g. sport/school rules, to compare and contrast concepts. Activity: Find/Discuss media articles to illustrate customs, rules and law.   http://www.alrc.gov.au/publications/8.%20Aboriginal%20Customary%20Laws%3A%20Recognition%3F/arguments-against-recognition-aboriginal-cus http://www.theaustralian.com.au/business/legal-affairs/end-ban-on-customary-law-in-sentencing-urges-law-council/story-e6frg97x-1225831554796

  5. Mr Daly Definition of Values and Ethics Read/Discuss: Page 5 of Pearson Text Discussion: What do students value as important and how does this influence behaviour? Discuss common values of society. Define ethics, using examples. Adrian Peterson versus Ray Rice versus Kobe Bryant Activity: Brainstorm characteristics of a just law. Examine a hypothetical law (e.g. a curfew of 8 pm for all under-18s). Students outline why it would not be a ‘just’ law.

  6. Mr Daly The Concept of Just Law

  7. Mr Daly The Nature of Justice Read/Discuss: Page 6, 7 and 8 of Pearson Text Discussion: Evaluate the characteristics of a just law: • The Elimination of Section 18C of the Racial Discrimination Act 1975 • Should people be entitled to a lawyer and or legal aid? • Where does Mandatory Sentencing belong under these terms? 

  8. Mr Daly Equality, Fairness and Access Role-play activity: In pairs, students prepare and perform an example of direct or indirect discrimination, showing an understanding of each. Allow only one minute for each demonstration. Construct a table of examples. What are some examples that demonstrate where the same outcome (e.g. punishment) may not be fair, e.g. for self-defence and intentional murder; when the offender is very young (doli incompax). Discuss the subjective nature of fairness. Discuss the importance of access to the law, and limitations to access. Webquest: Corey Davis case study, R v LMW (unreported, Supreme Court of NSW, Studdert J, December 1999). Complete a brief overview of the case. In small groups students devise a fair and just outcome for: the offender, the victim’s family, society. Students investigate the range of services available on the LIAC (Legal Information Access Centre) – NSW State Library website. www.legalanswers.sl.nsw.gov.au/students_teachers

  9. Mr Daly Procedural fairness Procedural fairness is an implied common law duty to act fairly in decision-making by the exercise of statutory powers which may affect an individual's rights, interests or legitimate expectations. Read/Discuss: Page 8 of Excel Text Read/Discuss: Page 9, 10 and 11 of Pearson Text Discuss procedural fairness in some situations, eg in school; going for a job; in a court. Define rule of law including its characteristics. Investigate examples of the breakdown of the rule of law (e.g.New Orleans after Hurricane Katrina). Written response: Using examples, explain why the rule of law is important for society.

  10. Mr Daly Principles of Natural Justice Fairness – decisions will be made on the basis of a set of established rules that are known. Transparency – what happens in the legal system can be seen and understood by the general public, that courts and tribunals are open to the public, rather than their decisions being made behind closed doors. Equality before the law – each person should be treated in the same way by the legal system no matter who they are. It means that everyone has equal access and application before the law and the legal system. Freedom from bias – a decision maker must not have a personal interest in the decision she or he is making and must not prefer one person over another when they are making a decision. Another word for this is ‘impartiality’. The right to be heard – a person who is affected by a decision made by the legal system has a right to present their views and facts that support that view (evidence) to the decision maker before the decision is made. It also means that a person who is accused of doing something wrong has a right to be told what it is they are said to have done wrong and to be shown the evidence against them so that they can defend themselves against the accusation.

  11. Mr Daly Rule of Law The rule of law underpins the way a society is governed. Everyone—including citizens and the government—is bound by and entitled to the benefit of laws

  12. Mr Daly Anarchy and Tyranny Anarchy refers to a society without a publicly enforced government. Tyranny refers to cruel and oppressive government or rule Read/Discuss: Page 11, 12 and 13 of Pearson Text Discuss the historical background of anarchy and outline recent examples. Can Anarchy be peaceful? Discuss recent examples (e.g. Zimbabwe and the absence of free elections). http://209.20.70.21/test http://australia.votecompass.com/ Democrats Labor Republican Liberal Socialism Monarchy Communism Fascism Anarchy Tyranny No Governmental Control Total Governmental Control

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