LAW, JUSTICE AND SOCIETY:

The Changing Nature of the Law

Teacher’s Notes
Contents Notes Authors and Reviewers

13 pages of teacher’s notes, including 10 pages of
photocopiable ‘Ready to Use’ activities for
Australian and New Zealand curriculum needs.
RRP: $4.95
David S. Thomson M.A., LL.B., Dip. L.S., Dip.
Fam. Law, Dip. T., F.A.C.E
The opinions expressed are those of the author
and do not necessarily reflect the views of
Learning Essentials

Program Details Program Overview

PRODUCER: VEA All laws are rules, but not all rules are law. This
program looks at how the legal rules accepted by our
DISTRIBUTOR: VEA society allow us to live in relative peace. Laws
LENGTH: 25 minutes perform many roles, one being to reduce and resolve
conflict in our community. Laws reflect the way in
FORMAT: DVD which we live, by supporting our political, economic
and social systems. And laws also allow for our
YEAR: 2006 society to change. This program will help students
examine the concepts of law and justice and how
LEVEL Senior Secondary
these concepts are shaped by the nature of our
society.

Curriculum Links Features and Uses

LEGAL STUDIES FEATURES

• Relationship between law, justice and • Experts in the field provide commentary
society • Dramatised scenes to illustrate key points
• Relationship between laws, culture and
community values USES
• Different types of law • An introductory activity
• A revision activity

111A Mitchell St Bendigo, Vic 3550 AUSTRALIA

Phone: 1800 034 282 Fax: + 61 (0)3 5441 1148
Email: vea@vea.com.au Website: www.vea.com.au
 Program Overview

All laws are rules, but not all rules are law. This program
looks at how the legal rules accepted by our society allow us
to live in relative peace. Laws perform many roles, one being
to reduce and resolve conflict in our community. Laws reflect
the way in which we live, by supporting our political,
economic and social systems. And laws also allow for our
society to change. This program will help students examine the concepts of
law and justice and how these concepts are shaped by the nature of our
society.

What is Law?

• Our lives are surrounded by rules. These rules may stem from our peer group, our
families, religious influences, schools, and the workplace – just to name a few.
These are non-legal rules.

• We are also subject to rules made by parliament and courts. These rules are called
laws and are enforced by the State through courts.

Purpose of Law

Essentially, laws are designed to keep society together and to keep society
functioning. They do this by:

• Protecting the individual.

• Protecting the society.

• Ensuring the effective and fair function of the community.

What Does Law Do?

• The law reflects the way we live through the political systems of parliament, our
federal constitutional structure and our electoral processes.

• The law reflects the way we live through the economic systems we have created.
We are free to work in areas of our choice and to use, sell and occupy land.

• The law reflects the way we live through the social systems of marriage and family
law, of free speech and the right to trial.

• The law reduces and resolves disputes by setting boundaries of acceptable

behaviour and by setting sanctions to enforce behaviour.

• The law provides for change through the parliamentary process and the rules of
common law.
 Program Overview (continued)

What is Justice?

• Justice is law making and dispute resolution characterised by fairness,

openness, accountability and efficiency.

Changing Nature of Law

• Writing of legal change, eminent English jurist, Lord Denning, said, "If we never do
anything which has not been done before, we shall never get anywhere. The law
will stand still while the rest of the world goes on; that will be bad for both."

• Law must change to meet the changing needs of society. Perceptions change,
society changes and the law must change accordingly.

DVD Timeline

00:00:00 Introduction

00:00:48 What is Law?

00:06:11 Purpose and Features of Law

00:10:26 What Does Law Do?

00:15:31 What is Justice

00:19:11 Changing the Law

00:23:54 Conclusion

00:24:42 Credits

00:25:16 Program end

 Watching the Program BLM 1

What is Law?

1. The rules which surround us are divided into 2 kinds. They are _________________

rules and ____________________________ - _____________________________ rules.

2. Examples of non-legal rules are those made by:

_________________________________________________________________________

_________________________________________________________________________

3. To whom do non legal rules apply?

_________________________________________________________________________

4. To whom do legal rules apply?

_________________________________________________________________________

5. By whom are non legal rules enforced?

_________________________________________________________________________

_________________________________________________________________________

6. The two main areas of law are ___________________________________________law

and ___________________________________ law. What is the aim of each of these?

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

7. One reason people obey rules and laws is:

_________________________________________________________________________

_________________________________________________________________________

8. The law is enforced by:

_________________________________________________________________________

_________________________________________________________________________

9. Ignorance of the law is:

_________________________________________________________________________
 Watching the Program BLM 2

10. Other kinds of law recognised in Australia are:

_________________________________________________________________________

_________________________________________________________________________

11. In what ways do Australian courts recognise the existence of traditional aboriginal
laws?

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

Purpose and Features of Law.

12. The main purpose of the law is to ensure:

_________________________________________________________________________

_________________________________________________________________________

13. In Australia we have a ______________________________ law system developed by

___________________________ courts over many centuries and now found in many

countries _____________________________________________________ by England.

14. The features of ________________________________________________ law include:

_________________________________________________________________________

_________________________________________________________________________

15. Who or what was the "invisible passenger" travelling with the First Fleet?

_________________________________________________________________________

16. A major feature of the Australian legal system is that it is divided into:

_________________________________________________________________________

Give an example of laws made at each of these levels.

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________
 Watching the Program BLM 3

17. For any law at any level to serve its purpose, it must be ________________________

and it must be applied ____________________________________________________.

What Does Law Do?

18. The law reflects the way we live and the _____________________________________,

___________________________ and ___________________________ values we hold.

19. What can happen if a parliament acts outside its constitutional powers?

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

20. The democratic values of Australian society are reflected in the right to:

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

21. How are Australia's economic values expressed in our laws?

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

22. Our laws of marriage and divorce reflect our ___________________________ values.

23. Although the law recognises the values of the majority of society, how does it also
aim to protect the rights of minorities?

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________
 Watching the Program BLM 4

24. Courts provide one way of resolving disputes. Our legal system offers other forms
of dispute resolution. What are they? Why might these other methods be
appropriate in some cases?

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

What is Justice?

25. Justice is based on the concept of __________________________________________

____________________________________. It is a process of law-making and dispute

resolution based on ___________________________, ___________________________

and __________________________________.

26. The primary requirement for all judging is to administer justice __________________

to _________________________________.

27. Why did Magistrate Halpern dismiss charges of assault and resisting arrest brought
against Laurie Carr when the police were acting within the Law?

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________
 Watching the Program BLM 5

Changing Nature of Law.

28. If the law fails to respond to changes in community values, it can result in the

public losing ___________________________________________ for the legal system.

29. An example of a community group which has achieved change in the law is the

________________________________ which can be found in each state and territory.

30. Why is Mabo v Queensland considered to be a landmark case?

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

31. In order to best serve our evolving communities, the law needs to remain flexible

enough to change and, in doing so, will remain _______________________________

and __________________________________________________.
 Beyond the Program BLM 6

Activity Number 1. This activity is suitable for students up to Year 11 level.

LOST

Your group consists of:

• A 16-year-old boy.

• A mother with a 3-month-old baby girl.

• A 32-year-old builder.

• A 40-year-old female teacher.

• A 75-year-old retired sea captain.

• A 7-year-old girl.

You have been washed up on a remote island. There is limited fresh water, edible fruit
and plenty of fish. You are unsure if there are other people living on the island. A box
has been washed up with you, which contains a packet of unidentified seeds, fishing
tackle, a small inflatable dinghy and oars, a bag of cricket equipment, a large tent, two
cans of apricots and a mirror. A Jack Russell terrier also survived the shipwreck.

1. Identify the steps you will need to take to ensure the short-term survival of your
group.

2. How will these decisions be made?

3. How will these decisions be enforced?

4. What other rules will be needed?

5. What conflicts may develop?

6. How would these conflicts be resolved?

7. Consider how your group would resolve the following conflicts (give reasons for
your answers).

a) The 16-year-old boy loses the oars while fishing alone, contrary to a group
decision.

b) The teacher refuses to collect food for anyone else.

c) The mother with the baby steals the cans of apricots and eats them.
 Beyond the Program BLM 7

Activity Number 2. This activity is a suitable internet research/homework activity.

WHO MAKES LAWS FOR ME?

FEDERAL PARLIAMENT

The House of Representatives My Electorate: _____________________________

Member: ________________________ Party: ____________________________________

The Senate

Name Party
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.

STATE OR TERRITORY PARLIAMENT

The Lower House My Electorate: ____________________________

Member: ________________________ Party: ____________________________________

The Upper House (if there is one) My Province (Electorate): ___________________

Name Party
1.
2.

LOCAL GOVERNMENT

My Local Government Area:

Councillor:
 Beyond the Program BLM 8

Activity Number 3 This activity is suitable for students at Years 10, 11 or 12.

MAGISTRATES' COURT VISIT

Exercise

Length: 750 words

Write a report commenting on the working and efficiency of the Court you have visited,
suggesting, where appropriate, solutions to any problems you have perceived.

This will involve:

1. A brief description of the working of the court.

2. An assessment of the court's performance according to the aims and standards

you consider appropriate to the court.

3. Proposals for improving the fairness and efficiency of the Court.

Your data sheets (next page) should be presented with your exercise.
Devote attention to the following aspects:

a) The appearance and layout of the court, facilities, etc.

b) The Court officials, age, appearance, function, etc.

c) What kinds of criminal offences are heard?

d) Who are the parties to each dispute? What sort of people are they? Do they
seem at ease, knowledgeable? Are there non-appearances?

e) Who is represented? Unrepresented? Does it make any difference? Do any

officers of the court or others assist the parties?

f) How do judgments, sentences correspond to the issues raised?

g) Do the parties seem to have a fair hearing? How formal is the Court's
procedure? How strict are its requirements concerning documentation and
evidence? Is much legal argument heard? Is the court efficient? Over
burdened?
 Beyond the Program BLM 9

MAGISTRATES' COURT VISIT

DATA SHEET

Name of defendant

Sex

Age

Nationality

General appearance

Represented

Offence charged

Verdict

Plea

Prior conviction

Sentence

General comments
 Beyond the Program BLM 10

Activity Number 4 This activity is suitable for Years 11 and 12 students.

TYPICAL EXAMINATION/ASSIGNMENT QUESTIONS

1. Outline the structure of the Federal Parliament and the parliament in your
state or territory. Identify the similarities and differences between the two.

2. How does the law maintain social cohesion? How would one assess whether or not
a law is achieving this objective? Use examples to explain your answer.

3. There are two main ways of changing our law – legislation and court decisions.
Outline the advantages and disadvantages of each of these ways.

4. "The adversary system of trial is a reflection of our democratic processes." Discuss

the strengths and weaknesses of the adversary system of trial in the light of this
statement.

5. Explain TWO factors which affect access to the law. To what extent do these
factors limit the effectiveness of the legal system?
 Suggested References

In addition to the texts currently published for Years 11 and 12 Legal Studies and
Civics and Citizenship, the following may be useful:

• Barbarism to Verdict, Justin Fleming, Angus and Robertson, 1994.

• A Just Society? What access to justice means to twelve Australians, Victoria Law
Foundation, 1999 (re-printed 2005).

• The Justice Game, Geoffrey Robertson, Vintage, 1999.

• Law and Order in Australia – Rhetoric and Reality, Don Weatherburn, The
Federation Press, 2004

• Law as Culture, Kathy Laster, The Federation Press, 2001.

Related Internet Sites

In addition to the parliament and courts, consider also the Law Reform Commission
and Justice Department in your State or Territory.

The following sites may also be useful:

• www.familycourt.gov.au
The Family Court of Australia.
• www.federalcourt.gov.au
The Federal Court of Australia.
• www.fmc.gov.au
The Federal Magistrates' Court.
• www.highcourt.gov.au
The High Court of Australia.
• www.law.gov.au
Australian Law Online
• www.alrc.gov.au
The Australian Law Reform Commission.
• www.aec.gov.au
The Australian Electoral Commission.
• www.governorgeneral.gov.au
Governor-General's official website.
• www.aph.gov.au
The Australian Parliament.
• www.parliament.uk
The United Kingdom Parliament.
• www.law4u.com.au
Plain English Legal Information Australia.
• www.victorialaw.org.au
The Victoria Law Foundation.
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