Characteristics of Just Laws And Views Essay

A unsloped constabulary has a number of widely recognized characteristics. A just law is characterized by the followingtreats all people equallyThe notion of par is an important formula of the law. Although a just law may be providing equality it doesnt always occur that way. For example, a wealthy person may be satisfactory to afford profound representation, but those people who fag endt afford legal representation will be disadvantaged and will not discombobulate an equal opportunity before the law.is based on generally held religious or ethical preceptsThe vulgar law legal system is the product of various historical influences, many of which were the religious and moral viewpoints of unalike measures. In todays society, ethics and how they coincide with the law are being replaced by the necessitate for the law to protect society as a whole and consider economic interests.is utilitarianUtilitarianism is the possibleness which suggests the law aims to ensure the greates t possible happiness for the greatest possible number of people.stresses consensus and social viscidness above allDemocracy helps create legal consensus. Democratic processes provide all citizens within the enjoin with the opportunity to develop or create the law. Democratic processes will generally require a bulk or consensus to bring a law into being. Democratic processes are designed to endure the survival and healthy being of the community through stressing consensus.allows for general principles to be mitigated in individual cases Mitigation allows for fairness. The law attempts to treat everyone equally that = everyone in similar situations is taxed the same, everyone who commits the same crime is given the same penalty. However the courts be possessed of discretion to reduce the penalty according to the circumstances. aims to redress inequalitiesIt leaves people freeTo the extent that people do not break the law, a just law will leave people free.It acquires into account of limitations in material resources.It can be invoked without undue delay.A just law should deal with a legal problem or dispute as soon as practicable after that problem or dispute arises. This is because peoples memories fade and so their evidence becomes less reliable as time passes. But this is not always the case, as currently the Australian legal system has lengthy delays and cases take long periods of time to reach the courts.Formal Equality theory side of the actual practice. Here in theory everyone in Australia is treated equally and given the same opportunities Institutionalized equality- this is the practical side to it. Although it seems everyone in Australia is equal there are people in sub groups in society who are part of a minority and arent able to benefit from the opportunities. E.g. of formal equalityEveryone has to rectify to access the law.Everyone has the right to voteequation OF OPPORTUNITY-Equal treatment of people in access to employment and services. . .So everyone has the right to apply for a job. They have equal rights to a safe working environment. (work cover). Everyone has the equal opportunity to access the minimum wage. par BEFORE THE LAW-Everyone is treated equally in their dealings with the law. E.g. The rule of law. So everyone has the implied right to legal representation. all Australian citizens are allowed to contest evidence put forward during court (natural justice cross examination). EQUALITY OF OUTCOMES-A practice whereby the law, policy or precedent aims to ensure that, regardless of educational or socioeconomic undercoat, or inequality of opportunity, the result of certain exercises will be equality..so legal aid, if people arent able to afford legal representation they are given the opportunity to apply for legal aid.Does formal equality before the law hides institutionalized inequality?This relates most to EQUALITY OF OUTCOMES because this area is where the law has its most flaws. Although everyone energy have the same opportunity not everyone is able to understand that system. For example unskilled migrants who come to Australia feeling for a better life think Australia has equal everythingtrue but its not equal if you turn int understand it and arent familiar with it. For example if you come from a non English directing background to Australia and get into trouble with the law or are being framed or a dupe of fraud and exploitation how are you going to access the law and legal representation if you cant speak the language and dont understand the system. Therefore not an equal opportunity.