Legal Rules - reflect the values of the majority of the community and establish rights and responsibilities. Legal rules deal with the conduct of individuals in society. They apply to all members of the community. You cannot live in Victoria and not be bound by the laws that apply in this state. Non legal rules are made by individuals or groups, whereas legal rules or laws are made by parliament, subordinate authorities (eg. Vicroads, local councils) and courts. If we break a law it may result in a sanction such as a community based order or even imprisonment. Laws are enforced by the courts and legal tribunals whereas organizations set up there own decision-making bodies to resolve disputes.
Non Legal Rules - apply to a group of individuals, but not to society as a whole. The members of the group agree to be bound by the rules, which do not have the force of law. Schools, sport organizations and other associations have rules that all members agree to abide by when the join, but they do not apply to non members. If a member is not happy or does not agree with the organizations rules they can choose to cease to be a member. If they break the rules then the will have to deal with the consequences for example a football player would have to face the tribunal. .
Why We Need Laws.
- to provide a code of behavior, how to act, what is acceptable and unacceptable.
- to keep society functioning, without laws there would be chaos (social cohesion).
- to protect society and the individual rights within society.
- to reflect community values. .
- to facilitate change.
- to help resolve disputes.
- laws give members of society rights and obligations.
- laws should reflect a communities values and change if the values change.
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The Characteristics of an Effective Law.
- known to the public .
- able to be understood.
- acceptable to the community (reflect values of the majority).
- able to change to meet changing demands.