Legal Studies Australian law has developed from a

number of sources:
 Received English law (doctrine
of reception)
Topic One: Law and Society
 Imperial Acts > Constitution
The Essential Influences on  Developing Common Law >
Law Statutory developments
Natural Justice - a fair hearing.
Justice - a decision that is good and Doctrine of Reception
fair according to universal principles. If English gained land by war or treaty,
then the law used is that which the
The concept of the rule of law inhabitants used,
Rule of Law If English created a colony in an
The ‘rule of law’ is a principle that uncultivated land, or land with laws
requires the law to be known and which weren’t recognised by the
applicable to all citizens. It requires English, then English law applied.
that the law should be known by those
that it may affect and it should apply Customary law, common law and civil
equally. law systems
 Customary law is law that has
The social, cultural, moral, political and arisen due to long-continued
economic influences practises.
Influences on the Law  Civil law system, the judge can
There are 5 main influences on the ask questions and call upon
development of law: evidence,. It also refers to
Social These are the combined private law e.g. suing someone.
cultural, moral and  Common law refers to the
intellectual preferences that
system of law which comes
affect law-makers
Cultural These include the religion from England. The law made by
and philosophy of a society. courts and judges.
Moral Laws created or changed The purpose of different types of law:
due to what society domestic and international law; public
believes is right or wrong.
Political These come from lobby
and private law; civil and criminal law;
groups as well as political contract law; tort law; property law;
parties themselves. Aboriginal and Torres Strait Islander
Economi The power of major customary law
c corporations
 Domestic law is the law of the
Nature of Law nation. Two primary sources –
Development of law as a reflection of commonwealth/federal laws and
past and present society state laws.
Nature of Law  International law is the law that
The Development of Law controls behaviour between
 countries. These come from  It is based on generally held
treaties and agreements. religious or ethical
International law does not apply precepts/beliefs.
until a country makes a
domestic law. Unjust Laws
Sometimes a law can be considered
Public Law – law about disputes unjust.
between the state and private  Laws serve the short term
individuals and about the law-making political interest of government.
powers of governments  Sometimes laws are considered
Private Law - deals with disputes by the community to be made
between private citizens. just for raising revenue e.g.
speeding, fines etc.
Civil Law deals with disputes  Laws reflect social and
between private economic power and authority.
individuals or institutions
Criminal deals with acts or offences
Law committed against the Equality
whole community 4 types of equality:
Contract Law concerning legal  Formal Equality – treating
Law agreements made everyone equally.
between individuals or  Equality of Opportunity –
institutions
equal treatment of people in
Tort Law Covers cases where
someone interferes with terms of their access to
the rights of another e.g. employment and services.
nuisance, negligence,  Equality before the Law –
trespassing and assault. everyone is treated equally in
Property Law that deals with the their dealings with the law.
Law manner in which personal  Equality of Outcomes –
and real property is
people are treated differently so
owned, used, sold or
transferred. that the outcome is equal.

Nature of Justice
Fairness - occurs when the people in
Concepts of access, equity, fairness, positions of power and authority make
equality and human rights. decisions without bias.
Nature of Justice
Equity - set of rules that demand that
The Characteristics of a Just Law or
people are treated differently by the
Judicial Decision
law depending on the circumstances.
 It treats all people equally They serve to reduce the harshness of
 It aims to ensure the greatest common law decisions.
number of people happy
(utilitarianism)