CHAPTER 1 Basic legal concepts Activity 1 — Lady Justice You may have seen her outside courthouses or law offices, in law books, as a statue or in pictures. Carrying a sword and a set of scales, and often wearing a blindfold, this is Justitia, also known as Lady Justice. She is a symbol of justice and a fair and impartial legal system, but how did she gain this role and what does she actually represent? The origins of the symbol The icon of a female carrying sword and scales is a universally recognised symbol of justice. She is intended to symbolise the fair and equal administration of the law, without corruption, bias, prejudice or favour. The origins of Lady Justice go back to ancient times. The ancient Egyptians were the first to depict a woman as the image of the law. Her name was Maat and she was often shown carrying a sword with an ostrich feather in her hair to symbolise truth and justice. Maat personified the proper order of the universe, right thinking, correct action and the regulation of time and space. The ancient Greeks also used a symbol of a woman to represent truth and justice. She was the goddess Themis, who is considered the goddess of divine justice, and closely connected to her daughter, Dike. In Ancient Roman times a similar female symbol appeared known as Justitia, the goddess of justice. At first she was depicted as a woman holding a cornucopia (a horn-shaped container) and scales, but was later portrayed with a blindfold, holding scales and a sword or sceptre. The meaning of the symbols The most common understanding of the symbols today is that the figure of a blindfolded woman with a scale in one hand and a sword in the other demonstrates that lawmakers are dedicated to treating all members of the community with impartiality, fairness and appropriate sanctions where justice requires. 1 © Cambridge University Press 2011 The blindfold Justitia is sometimes represented blindfolded to symbolise impartiality. That is, the making of objective decisions without undue bias or influences such as favour, identity, power or money. Justitia’s eyes have not always been blindfolded, but some images show her staring straight ahead. The blindfold appeared around the time of the establishment of professional, independent judges, who stood apart from the ruler and were not simply acting on the ruler’s instructions. The scales The meaning of her scales may be traced back to the Egyptian Book of the Dead, to the Old Testament and to weighing as a symbol of judgment in the Koran. The most commonly accepted meaning of the scales is that each person receives the justice that is due to them in a court of law, no more and no less. The sword It is commonly accepted that the sword is a symbol of the power of Justitia to condemn or punish those who fail in their public duties. It represents the rigour of justice, which does not hesitate to punish with appropriate sanctions if that is what the law and justice requires. Activity questions 1 Outline the history of Lady Justice. 2 Explain what is represented by each of Lady Justice’s symbols. 2 © Cambridge University Press 2011 3 Considering what you have learnt in Chapter 1 of Cambridge Legal Studies — Preliminary, explain what is meant by the word ‘justice’. 4 What are the elements of a just legal system and how do these relate to Lady Justice’s symbols? 5 Do you think the image of Lady Justice properly represents the legal system in Australia today? Justify your answer with reasons. 3 © Cambridge University Press 2011 6 If you could change this symbol to make it more representative of modern Australian society, what changes would you make? 7 Draw an illustration representing the modern Australian legal system. 4 © Cambridge University Press 2011 8 There are many different symbols reflecting law, justice, fairness, access and equality. Using the internet, research the above terms and present some of the images and meanings behind the concepts. You can include cartoons or articles in your summary. 5 © Cambridge University Press 2011 CHAPTER 1 Basic legal concepts Activity 2 — Legal concepts crossword 1 © Cambridge University Press 2010 Solutions to Activity 2 — Legal concepts crossword 2 © Cambridge University Press 2010 CHAPTER 1 Basic legal concepts Activity 3 — Rules and laws Rules Choose three of the following situations and think of a rule that applies: household rules school rules social etiquette friendship rules AFL rules. Complete the table below by answering each question in the left-hand column for each of your three rules. Question 1 What is the purpose of the rule? 2 How could you best write the rule down? 3 Who is responsible for setting or deciding the rule? 4 Who does the rule apply to? 5 Who enforces the rule? 6 What are the consequences of breaking the rule? Rule 1 Rule 2 1 Rule 3 © Cambridge University Press 2010 Laws Choose three types of laws from the following list: speed limits film censorship laws criminal law of assault taxation laws shoplifting laws contract laws consumer protection laws workplace safety laws. Complete the table below by answering each question in the left-hand column for each of your three laws. Question 1 What are the likely reasons behind the law? 2 Who is responsible for making the law? 3 In what situations is it most likely to apply? 4 Can you think of any exceptions to the law and if so, what is the reason behind the exception? 5 Who enforces the law? 6 What are the consequences of breaking the law? Law 1 Law 2 2 Law 3 © Cambridge University Press 2010