Law rules of national law that are established and enforced in Australia

LAW AND JUSTICE

-

Law is the art of the good and the just Justinian

The laws purpose is to achieve justice that morally underpins using the power of the
state to enforce legal rules
o Therefore, the community will be more willing to support and conform to laws

However, Governments dont always enforce law for good

o Discriminating (favour gender, race)

However, the fact that unjust laws exist from time to time does not diminish the validity of the
idea that ought to aim at achieving good and fair outcomes

BALANCE JUSTICE & PREDICTABILITY

-

Sometimes is isnt possible to find a rule of law that clearly applies to the exact
situation
o Coz laws are expressed broadly

Not all laws may provide a fair/just outcome when additional circumstances are taken
into account
o Justice and predictability conflict
Sometimes justice is given preference

Hard cases make bad laws is a reminder that treating too many cases as exceptional in the
pursuit of justice can damage the predictability and certainty of the legal system

THE ANATOMY OF LAW

-

Rules belong to a category of law

Categories (areas) of law grouping together laws that are related because they refer to the
same concept, situation or conduct
Jurisprudence The science or philosophy of law
International law Agreements (treaties) between sovereign states and international observed
customs
National law Laws as applied the borders of a country e.g. Australian law

Public law
-

Constitutional law The organisation, powers and processes of government

Administrative law Rules governing the processes of official decision making

Criminal law The prohibition and punishable by the state of conduct considered
harmful to the general community

Private law
-

Civil law Creating and enforcing private legal rights between individuals. It can
encompass other categories of law contract, tort, property

Tort law Liability for causing harm wrongfully to another individuals or their
property

Contract law Private agreements that give rise to legally enforceable rights and
duties

Consumer protection law legal protections for consumers in their dealings with
suppliers of goods and purposes

Corporation law Creating, organisations and administration of companies

Property law The acquisition and transfer of private rights in goods and land

Specialist category of law

-

Business law Rules that are particularly relevant to a business, taken selectively from
the more traditional categories of law: contract, agency, tort, banking, insurance,
employment, corporation and tax laws