General Legal Studies Questions (1 Viewer)

[Catherine23]

Hi, I just wanted to know if anyone could explain to me the following:
Characteristics of Just Law:
1. Equality
2. Utilitarian
3. Redresses inequalities
4. Not retrospective
5. Minimizes time delays
6. Known
7. Society's major values.

And it would be appreciated if anyone could help me with suggesting some cases about 'how does the law dealing with youth provide justice? (Focusing on doli incapax)'

It would be really appreciated. Thanks

 

[Whovian99]

1. Equality: everyone receiving the same result/treatment regardless of circumstance and events (compare with equity in which everyone receives the oucomes they deserve, relative to their circumstances.
2. Utilitarian: the philoshophy of ensuring an action achieves the greatest good for the greatest amount of people.
3. redresses inequalities: This means that laws should ensure that systemati inequality is avoided. Laws cannot create inequality or injustice.
4. Not Restrospective: The law must be made for the future. For example, it may be legal to do something on Monday,
but if on Wednesday the law is changed retrospectively, the legal action carried out on Monday may now be illegal and may be penalised, even though the law changed after the action.
5. Minimises time delays: Law aims to resolve disputes as soon as practicle.
6. Known: Law must be made known before they can be enforced, and not kept a secret
7. Society's major values: Laws are based on widely held values.

Cases Studies
* R v LMW: A 10 year-old boy, LMW, was charged with the manslaughter of six year-old Corey Davis, who drowned on 2 March 1998.
*More Cases + Statistics: www.aic.gov.au/media_library/publications/tandi_pdf/tandi181.pdf