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Summary Legal system & Method
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Summary of 4 pages for the course Legal Systems And Methods at UoW (the legal system)
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English Legal System & MethodThe nature of law
- Degree of order
Law creates and maintains social order
NOTE - law is not only means of creasing order
- ELS - concerned with institutions and procedures
- Definition of law?
- Provides rules/ regulations - but also the framework in which they operate
- A strong legal system will create law as well as enforce law
Why do we need law?
- Set common standards for behaviour
- Law depends on people voluntarily choose to obey it
- Example - traffic lights, green = go, Red - in a hurry, goes, could cause an accident, disregarding law
- Happened one of - litigation
- Happened regularly = remove lights, cause congestion
- Works because people voluntarily comply
WHY
- To maintain law and order
- Protecting individual freedoms
- Regulating relationships
- Setting standards
ALTERNATIVE
- Anarchy = no (imposed) order
- Self regulation - how well does this work for the press
- Self help and voluntary cooperation (amish - religious community)
- Moral or religious code
- Are these “law” ?
Purposes of the law in state?
- Establish order and regulation of behaviour
- Improve protection
- Help social cohesion
- Provide communal resources
- Decide and raise taxes
- Empower (& limit) officials to work for us all - limit power so it doesnt empose
- Enforce agreed values and morals
- Achieve peaceful settlement of disputes
Operates within a liberal democracy
- The state - appoints officials to act as the state
- Must be given powers to do this
But
A liberal democrat must;
- Limit those powers to what is necessary
- Must exercise those powers responsibly
3 branches of government trying to balance
- Executive
- Judiciary
- legislative
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