Sunday, March 7, 2010

Functions of Law

Social Cohesion : Bonds that bring people together in a diverse community.

[V]alues of Society - Proving laws which identify and reinforce the social, moral, economic, religious and political values of society. Eg : Doctrine of unite (women inferior), doctrine of terra nullius to take aboriginal land.

[A]cceptable Standards of Conduct - By setting ASOC and sanctions for unacceptable conduct. Impose legal consequences for breach.

[D]ispute Resolution Mechanisms - Establishing dispute settle mechanisms to resolve disputes between individuals, or between individuals and the State. (LEJ)

[E]volving Society Requires Changing Laws - Acknowledging the need to change laws in response to changing times and evolving societies.

EG : Technological changes - ATM fraud : Criminal Law Consolidation Act 1935 amended - to make it unlawful to manipulate a machine for personal gain.

[R]ights of Individuals and Groups - Establishing laws that acknowledge and uphold the rights of individuals and groups, while promoting the welfare of society as a whole.

EG: Individual human rights (Marriage Act 1961: Freedom to choose own spouse)

Social Progress : The changing of society towards the ideal.

[E]ducation - Young australians to be educated as they are next workforce.

[Y]outh - Support the social and intellectual development of young Australians as they are future leaders.

[H]ealth -Preventation of contagious diseases, immunization jabs and etc.

[C]ommerce and Environment - Do not cause long term environmental harm.

Eg: fishing regulation

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