Distinguish between customs, rules, law, values and ethics
February 6, 2013
To recognize law, customs, rules, values and ethics make up the development of law in society; we
first need to understand the basic fundamentals of these legal concepts.
Firstly customs are the accepted practice and behaviour that society expects from people. An
example of this would be a girl participating in the debuted ball, it is expected that she wears a white
dress and acts in the upmost elegance as it has been the excepted practise.
However a rule helps the operation of society, different to a custom, it applies to certain people at
certain times and are offend recorded in written form or symbols. An example of rules would be
school rules, usually posted in the school office/diaries, like to hand in your mobile phones during
school hours and to wear the school uniform a certain way.
Then again the law is another feature, it’s a special kind of rule that applies to everyone and is
universal. It has been made by a higher person or institution, called the sovereign power, law is
enforced by society and consists of statue and common law. Stature law is when parliament makes
laws on our behalf and common law is when judges make laws due to lack of statute law.
The development of law as a reflection of society is shown through that societies values and ethics.
The values influence the development because what that society believes to be important, like the
concept of privet property. Ethics have influenced the development because we need laws to punish
what that society considers a person’s actions to be wrong.
Another developing law of values and ethics is euthanasia. An example of this is the R v Justin’s case.
The issue with euthanasia is being able to help someone die, painlessly with or without the patient’s
request. There are four different types of ways to contribute to euthanasia:
Passive voluntary euthanasia – medical treatment withheld from a patient at their request.
Active voluntary euthanasia – medical intervention sought by patient to end their life.
Passive involuntary euthanasia – medical treatment withheld to cause death, not at patient’s
request.
Active involuntary euthanasia – medical intervention that causes death without that
patient’s request.
The legislation is found under the Crimes Act. Consequences include:
A person who aids the suicide or attempt suicide of another person is liable to 10 years
imprisonment. Or if you give counsel to a person to commit suicide and of that person attempts or
commits suicide because of that counsel is liable to 5 years imprisonment.
The case of R v Justin’s concluded with Shirley Justin’s sentenced to 22 months weekend detention
after being found guilty of giving Graeme Wylie the drug Nembutal which lead to his death. Caren
Jennings was also found guilty of being an accessory and importing the drug Nembutal, Jennings
committed suicide using the same drugs, before she was sentenced.
There is much debate in this issue arguments for euthanasia: if the person is near death, they want
to die with dignity, ‘if it’s that persons wishes, in pain.’ Who is euthanasia really for? A letter from a
loving son. 27 September 2012.
Distinguish between customs, rules, law, values and ethics
February 6, 2013
Arguments against: ‘Loved loves don’t want to say goodbye, sends the wrong message to people
with lifelong illnesses, nurses would deliberately kill people without permission, people would be
pressured to avoid care.’ Fight for life till the last breathe. 5 October 2010