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'Compliance with the law is necessary to achieve justice for all.' Evaluate this statement in relation to issues of compliance and non-compliance for family members - HSC - SSCE Legal Studies - Question 19 - 2003 - Paper 1
Question 19
'Compliance with the law is necessary to achieve justice for all.' Evaluate this statement in relation to issues of compliance and non-compliance for family members.... show full transcript
Worked Solution & Example Answer:'Compliance with the law is necessary to achieve justice for all.' Evaluate this statement in relation to issues of compliance and non-compliance for family members - HSC - SSCE Legal Studies - Question 19 - 2003 - Paper 1
Step 1
Evaluate this statement in relation to issues of compliance and non-compliance for family members.
Answer
In evaluating the statement, it is essential to recognize that compliance with the law plays a crucial role in ensuring justice for all family members. Compliance ensures that the rights of individuals are upheld and that legal frameworks are followed, preventing abuses and ensuring fair treatment.
However, non-compliance can lead to significant issues such as domestic abuse or neglect. For instance, when a family member does not comply with laws relating to domestic violence, it not only affects the victim but also sets a precedent that can perpetuate cycles of abuse. This can create an environment where justice is not served, and the victims feel powerless.
Furthermore, it’s important to consider the social factors that influence compliance, such as education and awareness of the law, socio-economic status, and cultural norms. For instance, a lack of understanding of legal rights can lead to non-compliance.
In summary, while compliance with the law is necessary for achieving justice within families, it is equally important to address the root causes that may lead to non-compliance.
Step 2
Evaluate the effectiveness of the law relating to the family in achieving justice for the individual and justice for society.
Answer
The effectiveness of family law in achieving justice for individuals and society can be examined through various factors. Family laws are designed to protect the rights of individuals while also promoting social justice. For instance, laws around child custody, domestic violence, and marriage aim to ensure that family members can exercise their rights without exploitation.
However, the effectiveness of these laws often depends on the enforcement mechanisms in place. If individuals don’t have access to legal recourse or if the justice system is slow, the law may not be effective in providing justice. Moreover, societal attitudes can impede justice; for example, if cultural beliefs prioritize family unity over individual rights, victims may not seek legal help.
Moreover, the law must also adapt to contemporary issues, such as recognition of diverse family structures, which can affect how justice is perceived and served. It is also essential to consider the tension between individual justice and societal justice—what is just for an individual may not always align with societal norms or laws.
In conclusion, while family law has the potential to achieve justice for individuals and society, its effectiveness is heavily reliant on enforcement, societal attitudes, and the adaptability of its frameworks.