Legal vs Non Legal Rules
All societies have rules. Rules tell people who live in the society what they can and cannot do. Some regulate where we can go, what age we have to be to do something, and how to treat each other. Others make sure that we are informed about the ingredients in our food or advise us about our rights when we rent a home. In our society we have both legal and non-legal rules.
non-legal rules
Non-legal rules are created by individuals or groups. These groups may include families, schools, sporting clubs, religious denominations and other organisations. The rules created by these individuals and groups only apply to those belonging to the group. These groups need to have their own rules so that members of the group can live and operate together. Rules set the boundaries for acceptable behaviour within a group so that all members are aware of which actions will not be tolerated. A non-legal rule is enforced by the people who made the rule.
Most families have household rules about who empties the dishwasher, who pays for mobile phone bills, what time you will be home at night and how much time will be spent on the internet on a school night. These types of rules are usually made by your parents and apply only to members of your family. The consequence of breaking a family rule may be being formally grounded.
Schools have sets of rules that students are expected to follow. The rules typically relate to behaviour in the classroom, how the uniform is to be worn and treating other members of the school with respect. A consequence of breaking a school rule can be a detention or an interview with parents.
Sporting clubs also have rules. The rules of a sporting game may be found in a rule book and there may be rules for procedures about becoming a member of the club. Without rules for the game, the enjoyment of all players would be affected and it might be dif cult, if not impossible, to determine an outcome of the game.
Religious denominations and other organisations, such as non-sporting clubs, have rules that establish guidelines for behaviour. Churches provide guidelines for moral or religious behaviour. The rules re ect the religion to which the church belongs.
Some of the rules we follow in society are simply part of our cultural upbringing. We may not be consciously aware of these rules. It might only be when we travel overseas, or meet people from different backgrounds, that we realise the rules they abide by can be different to ours. For example, the physical distance that people keep between each other can differ from culture to culture.
legal rules
Legal rules generally apply to all members of a particular society. Legal rules are created by law-making bodies, such as courts and parliament, and are enforced by a court. Legal rules are usually referred to as laws and are recorded in written form.
There are many different types of law. Two distinct branches of law that are closely examined in this book are civil and criminal law.
Criminal law establishes acceptable behaviour by prohibiting certain actions. If the law is broken the consequence will typically be enforced by a court. Examples of behaviour prohibited under criminal law include murder, rape and theft.
Civil law covers the infringement of a person’s rights. For example, if someone does not ful l the terms of a contract, if a person does something that damages your reputation, or acts, or fails to act, in a manner that causes an injury to you or your property, then you can take legal action against that person. In civil law, the aim is to restore the affected person to their original position, or compensate that person for their loss. This area of law includes contracts, negligence and trespass. Other areas of law include industrial law, property law, consumer law, constitutional law, international law and family law. You name it, there is probably a law affecting it!
There are many different types of law. Two distinct branches of law that are closely examined in this book are civil and criminal law.
Criminal law establishes acceptable behaviour by prohibiting certain actions. If the law is broken the consequence will typically be enforced by a court. Examples of behaviour prohibited under criminal law include murder, rape and theft.
Civil law covers the infringement of a person’s rights. For example, if someone does not ful l the terms of a contract, if a person does something that damages your reputation, or acts, or fails to act, in a manner that causes an injury to you or your property, then you can take legal action against that person. In civil law, the aim is to restore the affected person to their original position, or compensate that person for their loss. This area of law includes contracts, negligence and trespass. Other areas of law include industrial law, property law, consumer law, constitutional law, international law and family law. You name it, there is probably a law affecting it!
LEGAL & NON LEGAL PRESENTATION
The need for laws
Laws establish a code of conduct
Laws establish the boundaries of acceptable behaviour and determine which actions will not be tolerated. For example, the laws relating to drink driving clearly re ect society’s attitude that placing other road users at risk through intoxication is unacceptable. Laws, therefore, can demonstrate society’s disapproval of certain types of conduct and behaviour.
Laws protect the community from harm
Laws are needed to keep the community safe from harm. We expect to leave for school and return to nd our homes and property the way we left them. We also expect to be able to go out and return home safely. Therefore, we have laws prohibiting acts of violence and vandalism. Offenders will be punished if they choose to put property and people at risk. There are even laws to ensure that we protect ourselves. For example, cyclists must wear helmets and drivers and passengers in motor vehicles must wear seatbelts. Also, there are laws to protect the vulnerable and those too young to ensure their own safety.
For example, the Children, Youth and Families Act 2005 (Vic.) makes it compulsory for doctors, nurses, police, teachers and principals of government and non- government schools to report any reasonable suspicions of physical or sexual abuse of children.
Laws reflect changing values and circumstances
Laws re ect the values of the community and, because our values change over time, so too do our laws. For example, not all that long ago homosexuality was once a criminal offence and opening retail stores on a Sunday was illegal. The law must remain exible to re ect the values of the majority of the community, otherwise individuals will, over time, defy the law.
Laws must also be able to keep abreast of other changes such as technology. Cyberstalking, for example, is a new crime that arose because of the use of the internet. Therefore, the Crimes Act 1958 (Vic.) was amended to incorporate this criminal behaviour.
Resolution of disputes
Human nature is such that some people will break the law, so society must have some processes in place to deal with offenders. When a crime is committed, we can alert the police, who will handle the investigation and, where applicable, the matter may even proceed to trial. If the case goes to trial, all relevant evidence is considered before a decision of guilt or innocence can be made. If the charge is proven, the offender will receive a sanction. The police and court system resolve disputes.
Civil disputes, such as disputes between neighbours, trespassing on someone’s property, being discriminated against in the workplace, or a breach of contract, also need to be resolved. Civil law attempts to restore the injured person or parties to a position similar to the one he or she was in before the wrong occurred. This can be done through the courts or by using alternative methods such as negotiating a suitable resolution to the dispute.
Laws establish the boundaries of acceptable behaviour and determine which actions will not be tolerated. For example, the laws relating to drink driving clearly re ect society’s attitude that placing other road users at risk through intoxication is unacceptable. Laws, therefore, can demonstrate society’s disapproval of certain types of conduct and behaviour.
Laws protect the community from harm
Laws are needed to keep the community safe from harm. We expect to leave for school and return to nd our homes and property the way we left them. We also expect to be able to go out and return home safely. Therefore, we have laws prohibiting acts of violence and vandalism. Offenders will be punished if they choose to put property and people at risk. There are even laws to ensure that we protect ourselves. For example, cyclists must wear helmets and drivers and passengers in motor vehicles must wear seatbelts. Also, there are laws to protect the vulnerable and those too young to ensure their own safety.
For example, the Children, Youth and Families Act 2005 (Vic.) makes it compulsory for doctors, nurses, police, teachers and principals of government and non- government schools to report any reasonable suspicions of physical or sexual abuse of children.
Laws reflect changing values and circumstances
Laws re ect the values of the community and, because our values change over time, so too do our laws. For example, not all that long ago homosexuality was once a criminal offence and opening retail stores on a Sunday was illegal. The law must remain exible to re ect the values of the majority of the community, otherwise individuals will, over time, defy the law.
Laws must also be able to keep abreast of other changes such as technology. Cyberstalking, for example, is a new crime that arose because of the use of the internet. Therefore, the Crimes Act 1958 (Vic.) was amended to incorporate this criminal behaviour.
Resolution of disputes
Human nature is such that some people will break the law, so society must have some processes in place to deal with offenders. When a crime is committed, we can alert the police, who will handle the investigation and, where applicable, the matter may even proceed to trial. If the case goes to trial, all relevant evidence is considered before a decision of guilt or innocence can be made. If the charge is proven, the offender will receive a sanction. The police and court system resolve disputes.
Civil disputes, such as disputes between neighbours, trespassing on someone’s property, being discriminated against in the workplace, or a breach of contract, also need to be resolved. Civil law attempts to restore the injured person or parties to a position similar to the one he or she was in before the wrong occurred. This can be done through the courts or by using alternative methods such as negotiating a suitable resolution to the dispute.