Influences on law...Speech (1 Viewer)

[cleopatra]

Im doin the lions Youth of the year, and on wed i gotta do a 5min speech on anythin, i was thinkin of doin law(which i luv) and the influences on it...u kno how things are only thought a crime cos we dissagree with them. So I can use the 5 influences of law we did in class....

*1. Social,
*2. Cultural (Religious),
*3. Moral,
*4. Economical,
*5. Political,

and give examples of each. like...

*1. Sex ages, Dom. Violence, Women, Discrimination
*2. Abortion, Euthanasia, sun holiday pay
*3. Capital Punishment, Biotechnology(cloning), adultery as only grounds for divorce
*4. Voting laws, cant think of any more...
*5. Unions? Consumer law. does Theft fit here?

Plz if you have any comments all help would be appriciated. And if you think this speech would suck ass tell me that too...tho not too harshly plz.

 

[santaslayer]

some comments u might want to note...dunno if their good or not...lol (according to ur number reference)

2. contraception would be a big topic!

3. there is no "adultry as ground of divorce" the FLA states it is no fault divorce and the only grounds of divorce is the "irretrievale breakdown" of the realtionship.

4. Economical laws like the regulatory bodies ( ACCC, ASIC) that regualte daily biz activities. initially it was CAVEAT EMPTOR (may the buyer beware) but we now have laws that regualte that kinda stuff to protect the consumers. (similar for ASIC which regulates stock X)

5. theft is more SOCIAL i reckon, and unions and consumer law should be in number 4.
political---voting laws?

these r just suggestions... can chuck it in the garbage if u dont like them.....lol

 

[Ziff]

*1. Social
- Combined moral, cultural and intellectual influences. So it's the writings of intellectuals and academics about the law, this can relate to the debate on capital/corporal punishment etc. Social is also good for social outrage e.g. Drink Driving, Increased punishments (like the Skaf gang-rape case and how he was sentenced for 50 years etc)

*2. Cultural (Religious)
- Based on how society lives (probably the most important factor on the law as it incorporates customary law)... though custom is less likely to become law today but it still has a large effect. For example, marriage and how it has changed (defacto is now allowed) and related to other traditions. So our culture has changed and so have laws to reflect that.

*3. Moral
- What is right and wrong. But whose values are we using to create laws for what is right and wrong? Homosexuallity used to be illegal because it was considered immoral, now it is legal and there are laws prohibiting discrimination. Also, Austraila will prosecute anyone who goes on a child-sex tour overseas - moral influences on the law.

*4. Economical
- This mostly affects how the government legislates for things related to the economy. E.g. fiscal policy (monetary is in the hands of the RBA). You could also consider that tobbaco lobbies and so on that give large sums to political parties also influence the law on an economic level. Cash for legislation more or less

*5. Political
- Anti-tobbaco lobbies, anti-drink driving lobbies, anti-drug lobbies etc etc and how their political power affects how legislation is created and how laws are made...

You should really talk about the issues involved with all of these. I'm guessing that's what you're doing right? You'll pick a case or a crime or an issue and then explain how these five factors affect that or you'll just pick law as a whole and then explain how these factors affect it? Oh, and don't forget to include something about the Rule of Law, that's pretty important if you're talking about factors on the legal system and a very important concept in jurisprudence...

 

[Ziff]

I'd think that Caveat Emptor was probably overturned because of social-outrage more than economic factors. I can't remember back to Year 9 Commerce all that easily though lol...

It's like Donoghue v. Stevenson [1932], the concept of 'duty of care', which is more a reaction to social-outrage and moral influences (it is not right to sell shitty goods and then not be held accountable). This was of course a common law case. All laws are affected by more than one of those though, it's always going to be a combination.

 

[santaslayer]

oh yea...maybe u could include legeslation, cas studies, media articles, statistics and other articles in ur speech to make it more appealing and "professional"