LLB1100 Chapter Notes - Chapter 3: Constitution Of Australia, Amicus Curiae, Philosophical Skepticism
Document Summary
Cultural construct used to combine order with freedom. A means of ordering society and resolving disputes. 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. Public concerned with the functioning of the state and its citizens e. g criminal law applying to everybody. Private the relationship between individuals in those spheres of life in which there is a less obvious or direct state interest. This distinction of a private realm reflects the influence of 19th century thoughts of liberalism, individualism and equity that pervades, for example, modern contract law.
