Photo AI
Outline TWO characteristics of a just law - HSC - SSCE Legal Studies - Question 16 - 2006 - Paper 1
Question 16
Outline TWO characteristics of a just law. Distinguish between a moral right and a customary right: Using an example, assess the effectiveness of non-legal measure... show full transcript
Worked Solution & Example Answer:Outline TWO characteristics of a just law - HSC - SSCE Legal Studies - Question 16 - 2006 - Paper 1
Step 1
Outline TWO characteristics of a just law.
Answer
-
Fairness: A just law must be fair and equally applied to all individuals, ensuring that it does not favor any group over another. This principle upholds the concept of justice in society, ensuring that every individual's rights are respected.
-
Clarity: A just law should be clear and understandable. It must be well-defined so that individuals can comprehend their rights and obligations, promoting compliance and respect for the law.
Step 2
Distinguish between a moral right and a customary right:
Answer
A moral right is based on ethical considerations and principles of justice, reflecting the individual's inherent dignity. It is often universally recognized and upheld, regardless of legal recognition. For instance, the right to free speech is considered a moral right because it aligns with fundamental human dignity.
In contrast, a customary right is derived from long-standing traditions and cultural practices within a specific community. These rights may not necessarily align with universal ethics but are adhered to by members of that culture. An example is the right of tribal communities to use certain land based on ancestral practices.
Step 3
Using an example, assess the effectiveness of non-legal measures in addressing human rights issues.
Answer
Non-legal measures, such as advocacy campaigns and public awareness initiatives, can effectively address human rights issues by mobilizing social support and influencing public opinion. For instance, the #MeToo movement has significantly raised awareness of sexual harassment and assault, prompting societal change and pressuring institutions to reconsider their policies, despite the absence of formal legal reforms.
However, the effectiveness of these measures can be limited as they may not lead to enforceable changes in law or provide immediate protection for victims. In cases where the legal system is unresponsive, non-legal actions might serve as a vital first step in catalyzing dialogue and prompting legislative changes.