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Law and Society-Relevant Syllabus Sections
Law and society:law and justice, human rights
First section- law and justice
Second Section-Human Rights
Topic 1 – Law and Justice
Content
Students learn about:
The Essential Influences on Law
•the concept of the rule of law
•the social, cultural, moral, political and economic influences
Nature of Law
•development of law as a reflection of past and present society
•customary law, common law and civil law systems
•doctrine of natural justice
•the purpose of different types of law: domestic and international law; public and private law; civil and criminal law; contract law; tort law; property law; Aboriginal and Torres Strait Islander customary law
Nature of Justice
•concepts of access, equity, fairness, equality and human rights.
Key Questions/Issues
•To what extent is law influenced by the society in which it operates?
•What characterises a just law?
•Does formal equality before the law hide institutionalised inequality?
Topic 2 – Human Rights
Content
Students learn about:
Rights
•the nature and development of concepts of human rights
–state sovereignty, ‘natural law’ doctrine, historic constitutional documents, movement for slavery abolition, trade unionism, universal suffrage and universal education
–distinguishing between moral, customary and legal rights
–differences between domestic and international rights
•identifying the types of international rights
–civil and political rights; economic, social and cultural rights; environmental and peace rights
–collective right to self-determination
•the recognition of human rights under Australian law: common and statute law, evolving human rights, including the possibility of a Bill of Rights, recognition and enforcement of rights
•contemporary struggles for human rights, the changing understanding of human rights and the effectiveness of legal measures both domestically and internationally in addressing human rights issues.
Key Questions/Issues
•What are rights?
•How are they recognised and enforced?
•How effective are legal measures, both domestically and internationally, in addressing human rights issues?
•How effective are non-legal measures?
Law and society:law and justice, human rights
First section- law and justice
Second Section-Human Rights
Topic 1 – Law and Justice
Content
Students learn about:
The Essential Influences on Law
•the concept of the rule of law
•the social, cultural, moral, political and economic influences
Nature of Law
•development of law as a reflection of past and present society
•customary law, common law and civil law systems
•doctrine of natural justice
•the purpose of different types of law: domestic and international law; public and private law; civil and criminal law; contract law; tort law; property law; Aboriginal and Torres Strait Islander customary law
Nature of Justice
•concepts of access, equity, fairness, equality and human rights.
Key Questions/Issues
•To what extent is law influenced by the society in which it operates?
•What characterises a just law?
•Does formal equality before the law hide institutionalised inequality?
Topic 2 – Human Rights
Content
Students learn about:
Rights
•the nature and development of concepts of human rights
–state sovereignty, ‘natural law’ doctrine, historic constitutional documents, movement for slavery abolition, trade unionism, universal suffrage and universal education
–distinguishing between moral, customary and legal rights
–differences between domestic and international rights
•identifying the types of international rights
–civil and political rights; economic, social and cultural rights; environmental and peace rights
–collective right to self-determination
•the recognition of human rights under Australian law: common and statute law, evolving human rights, including the possibility of a Bill of Rights, recognition and enforcement of rights
•contemporary struggles for human rights, the changing understanding of human rights and the effectiveness of legal measures both domestically and internationally in addressing human rights issues.
Key Questions/Issues
•What are rights?
•How are they recognised and enforced?
•How effective are legal measures, both domestically and internationally, in addressing human rights issues?
•How effective are non-legal measures?