LLB 100 Lecture Notes - Lecture 13: Terra Nullius, Legal Positivism, Michel Foucault
Document Summary
Mcbain: origins of the australian legal system. Barriers to justice: judge made law. Donoghue v stevenson [1932: judicial decision making. Commercial bank of australia ltd v amadio (1983: parliament & politics. The formal legislative process: statutory interpretation. Nature & sources of law: law is a cultural construct used to combine order with freedom. A means of ordering society and resolving disputes. Definitions: criminal - is concerned with conduct that is harmful to society in some way and its law reflects generally accepted notions of moral fault. Differences: standard of proof, plantiff/prosecution, who initiates proceedings. Civil concerned with regulating relations between individuals the creation of rights and liabilities in particular situations and the consequences of their breach e. g. law of contracts of law of torts. It is not the behaviour itself that defines its status but the kind of legal processes invoked in response.
