Flashcards in lect 4 Deck (11)
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1
Background to laws
1. Law has a social context
2. Early laws based on a moral code derived from
Christianity (eg. The 10 Commandments)
3. Alternative views & philosophies
• Emphasise an individualistic perspective
• Separation of Church & State
• Right & wrong determined by what law says
2
Clashes between views on la
Examples where conflict arises:
➢ Abortion
➢ Euthanasia
➢ Same sex marriage
➢ Genetic manipulation
3
What types of law exist?
Statute Law
• Common Law =
4
Statute Law
= law made by the Commonwealth,
State and Territory Parliaments
• Also called legislation consisting of Acts and
delegated legislation (regulations)
5
Common Law
law made by judges
• Accumulated body of law from judge’s
decisions
• Also known as case law
•
6
Common law and statutory law
have a
symbiotic relationship (ie. do not exist
independently)
7
Principles of Law
Natural Justice
Rule of Law
Presumption of Innocence (in criminal law)
Principles of Law
Balance of probabilities
Doctrine of Precedent
8
Natural Justice
Not denied liberty/property/livelihood without
being warned & heard in own defence
None may sit in judgement of another if have a
vested interest in the case
9
Presumption of Innocence (in criminal law)
Only guilty if action was an offence at the time
Government is not above the law
Must be proved guilty (eg. news reports refer
to “alleged”)
10
Balance of probabilities
➢ Civil law / administrative law
11
