Basic Legal Concepts
Nature of Justice
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Law
Values
Ethics
Rules
Customs
Fairness
Equality
Access
The Legal process is and must be…
Framework
Just
Appropriate
Binding
Enforceable
A Law must have and is defined by its…
Creation
Jurisdiction
Enforceability
Is law necessary for society to operate effectively?
Discoverability
Customs
Example
Rules
Example
Laws
Jurisdiction
Members of the
community that develops
and accepts the custom
Members of a club or
organisation
Citizens of the nation or state
Enforcement
By community pressure
By the governing body
of the club or
organisation
By the judicial system and the
police
Development
By general usage by a
community over time
By the members of an
organisation or by a
committee delegated
by the members
By parliaments, organisations
delegated to do so by
parliaments and by the judicial
system developing common law
Discovery
Customs are not written
down; discovery is
through experience as a
member of the
community
Written down;
members often receive
a copy on joining an
organisation; online
searches can help
Written down; public libraries,
online searches or through
offices or the court
Purpose
Encouraging community
members to exhibit
desirable standards of
behaviour
Regulate the
behaviour of members
Regulate the behaviour of
citizens and protect citizens
from unwanted / illegal
behaviour
Example
Values
Ethics
Meaning
Values are the feelings, principles and attitudes that a society or
individual holds as being important
Ethics are the rules of conduct recognised in respect to various
human behaviours or the rules of conduct of a particular group;
ethics deal with what is morally right and wrong
Breaches
Individual: Possible loss of self-esteem
Censure and sanctions may apply if professional ethics or standards
have been breached; individual breaches may attract disapproval
Society: Disapproval and possible rejection of the individual
who has breached the value
Created
Community-held ideals or individual aspirations
Influenced by customs of others who are respected and
admired
Can be developed by professional bodies; society develops ideas of
what is morally right and wrong