1.3 just laws and the nature of justice
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JUST LAWS AND THE NATURE OF JUSTICE
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THE CHARACTERISTICS OF JUST LAWSIn order for a law to be valid, it must be just. A just law has several features to it:
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IT IS EQUAL
A just law treats everyone the same BUT – this doesn’t mean that the outcome of
the law would necessarily be equal Consider “anti-hoon” laws: there are often
calls for cars to be impounded and destroyed. Can you explain how this might result in an unequal outcome?
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IT IS BASED ON WIDELY HELD VALUES
Laws should be based on the values and ethics held by most of society
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IT IS UTILITARIAN*
Laws need to be made for the benefit of society as a whole, even though some individuals might be disadvantaged by them.
* The philosophy of ensuring an action achieves its greatest good for the greatest number of people
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IT AIMS TO REDRESS INEQUALITIES
The law shouldn’t create inequality or injustice
For example, a law saying that women should be paid less than men would be unjust
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IT MUST MINIMISE DELAY
A just law aims to resolve disputes as soon as practical
Many Australian laws are often criticised for failing to do this
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IT MUST NOT BE RETROSPECTIVE
Laws must be created for the future It would be unjust to make a law today that
was to apply to everyone from the beginning of the year – people could be punished for doing something that was legal at the time of their actions, but has been retrospectively made illegal
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THE LAW MUST BE KNOWN
Australian governments use Government Gazettes to alert people to changes in the law
Changes to the law are also advertised through the media – eg when traffic laws change
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THE NATURE OF JUSTICEJustice is a combination of equality, fairness and access. In many societies, justice is symbolised by Lady Justice:
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Blindfold for impartiality
Scales for fairness
Sword to carry out justice
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EQUALITY
Just laws do not discriminate They are applied equally to all people The enforcement of the law must also be
equal
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FAIRNESS
Just laws do not have a particularly harsh effect on any individual
The right to appeal a decision is a key part of fairness
Fairness and equality aren’t always mutual – it can be argued that, in an attempt to create equality, the concept of fairness has been lost
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ACCESS
Individuals must be able to access the law in order for justice to be achieved
They should have access to legal information and assistance, and be able to understand the law
Recently, there have been attempts to make legal documents (eg contracts) easier to understand by using “plain English”
Access also includes physical access – the location of courts and aid offices
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DIS
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