Lesson 2 - Characteristics of an effective law Flashcards
(16 cards)
The 5 characteristics of an effective law
- Reflect Society’s Values
- Enforceable
- Clear and Understood
- Known
- Stable
Reflecting society’s values (description)
If a law aligns with the majority of society’s values, then members of that society are more inclined to follow that law, rather than disregard it.
Reflecting society’s values (when may laws better reflect society’s values?)
- The majority of voters have elected a party with certain views to make laws to govern them. (Identify) Voters elect representatives by majority to make laws to govern them. Therefore, the laws passed by parliament are more likely to represent the views of the majority who voted for them (Explain)
- There was strong campaigning effort to advocate for the laws. (Identify) Where citizens strongly want change that political party has not yet suggested or entertained, groups can advocate directly to law makers to change the law or align with their values.
Reflecting society’s values (when may laws fail to reflect society’s values?)
- The law may have been established many years ago and represents a different set of societal values. (Identify) Laws are valid until changed, nullified or overridden, therefore older laws may still impact us today. While old laws may still reflect the values of some, the changing nature of societal values puts to question whether the law is still aligned with the personally held views of the majority. (Explain)
- There was pressure from media or vocal minority groups who successfully advocated for change. (Identify) As the law was created from the desires of minority actors, the law may not reflect the views and values of the majority.
Enforceable (description)
If people break the law, it must be possible and practical to catch the violator and enforce the law.
- The more enforceable a law, the more likely someone will follow it.
- If a law is difficult to enforce, people may be less inclined to follow the law.
Enforceable (when may laws be more enforceable?)
- The act that violates the law is done in public. (Identify) This visibility makes it easier for legal institutions such as police to catch someone breaking a law and initiate the process of administering a consequence (Explain)
- There is a reasonable volume of violations. (Identify) This means that, practically-speaking, there are enough enforcement officers to monitor and catch those breaking the law. This makes the law more effective as the community knows that behaviour is being monitored. (Explain)
Enforceable (when may laws be less enforceable?)
- The act that violates the law is done in private. (Identify) The limited visibility of these acts make them harder to monitor, therefore, limiting the ability of legal institutions such as police to investigate breaches of those laws. (Explain)
- There is an unreasonably high volume of violations. (Identify) While this is rare, the overwhelming of legal resources when a high number of violations occurs can limit the effectiveness of the law, as there may be a delay in investigations or those who break it may never be caught. (Explain)
Clear and understood (description)
It is important for a law to be written in a way that people can understand it, so the intent of the law is clear. Wording is key for this characteristic
- The clearer and easier to understand a law is, the easier it is for citizens to comprehend, and therefore follow their obligations under the law
- An ambiguous or unclear law, perhaps written legal jargon that people do not understand can make people less inclined to follow the law.
Clear and understood (when may laws be more clear and understood?)
- The law is written in plain English. (Identify) This means the average person can understand their obligations under the law and follow it.
- The law and its intentions are explained through media releases. (Identify) This means that, even if the law is worded or phrased in a way that is difficult to understand, the public can still comprehend the meaning and therefore their obligations under the law, making them more inclined to follow it. (Explain)
Clear and understood (when may laws be less clear and understood?)
- The law is written in complex legal jargon. (Identify) Most individuals are not trained in law, so laws written in complex terminology can create a barrier to it being easy for said individuals to understand. This in turn makes individuals less inclined to follow the law. (Explain)
- The law is unclear in how it will apply. (Identify) This is best illustrated when key terms are not defined, making it difficult for the average person to understand what behaviours are allowed or prohibited under the law (Explain)
Known (description)
The public must know about the laws that govern them, otherwise they may not be aware of their obligations and follow the law. It is the responsibility of individuals to find out what the law is on a matter that affects them. If someone breaks the law and then claims ignorance of its existence, there will not be leniency. That is because ‘ignorance of the law is no excuse”.
Known (when may laws be more known)
- A new law or change in the law is made public with a media release. (Identify) This can occur of government websites, social media or in the news as part of press conferences and interviews. (Explain)
- Public debates about changes to law occur before a change is made. (Identify) As these debates are often public, the general community is more likely to know about an imminent change and are therefore more likely to follow the new law. (Explain)
Known (when may laws be less known?)
- When little is made public about the law. This means that the governemtn has not made a change in the law widely known, therefore the general community may not be aware of a change in the law.
- Less debated or contentious changes to the law may not be publicised. (Identify) Many laws are not subject to public debate in the media before they are created. Therefore, laws can often change without the general population knowing about them, therefore making them less inclined to follow the new law. (Explain)
Stable (definition)
- If a law is constantly changing, people may be uncertain as to what the law is at present, this uncertainty can limit the ability of individuals to follow the correct, current law.
- Unstable laws can also be described as ‘flip-flopping’
Stable (when may laws be more stable?)
- When the law has mostly stayed the same. (Identify) This makes it easier for individuals to be certain about their obligations under the law, and thus follow it. Note: just because a law has recently changed does not mean it has become unstable. Laws often need to change, but as long as other characteristics of an effective law are present (e.g. R.E.C.K.), then people will still be inclined to follow the law
Stable (when may laws be less stable?)
- When a law changes in differing directions quickly. (Identify) Sudden and contradictory changes to law can make it difficult for individuals - who expect some sense of stability in the law - to be certain of the current state of the law, making them less inclined to follow the correct, current law. (Explain)
