LAWS1100 Lecture 1: Topic 1 - Introduction to Laws
Topic 1 – Introducing the Law
What is law?
Law: A system of rules made by the state and enforced via prosecution (associated with criminal law) or
litigation (citizens against one another).
Business law: a system of rules regulating businesses and business activities made by state and enforceable
by prosecution or legislation.
Oxford definition: the body of enacted or customary rules recognised by a community as binding.
Purpose of Law
• Resolve disputes
• Maintain social order
• Protect disadvantaged
• Regulate economy
• Prevent misuse of power
• Preserve/enforce community values
Rule of Law
• Must be applied equally to all (including Government)
• Envisages that law must be accessible*, intelligible, clear and predictable.
• Protect fundamental human rights – E.g. protection from slavery, protection of property.
• Judicial procedures should be fair.
• Law is not retrospective but enforceable. (Can’t be found guilty for things you did in the past)
• Questions regarding rights and liabilities should be resolved through the application of law, not by
discretion.
• Law must be passed by a proper authority, in a proper manner.
*Accessible: when in trouble, have access to legal advice.
Changing the Law
Laws can be changed because of:
• Political and social change;
• the need to fix problems within the law;
• changing community values;
• pressure from lobby groups; and
• changing technology
The Law and Justice
• Examples of justice:
o fair compensation/punishment
o fair decision
o fair distribution of resources
Fairness has influenced the development of business law in many ways
(e.g. “Competition and Consumer Act”)
Document Summary
Law: a system of rules made by the state and enforced via prosecution (associated with criminal law) or litigation (citizens against one another). Business law: a system of rules regulating businesses and business activities made by state and enforceable by prosecution or legislation. Oxford definition: the body of enacted or customary rules recognised by a community as binding. *accessible: when in trouble, have access to legal advice. Laws can be changed because of: the need to fix problems within the law: political and social change, changing community values, pressure from lobby groups; and, changing technology. The law and justice: examples of justice, fair compensation/punishment, fair decision, fair distribution of resources. Fairness has influenced the development of business law in many ways (e. g. competition and consumer act ) The law and ethics: legal choice: complies with the law, ethical choice: recognised as good" and right", decision that is legal may not be ethical, decision that is ethical may not be legal.
