Law, Anarchy, and Tyranny (HSC SSCE Legal Studies): Revision Notes
Law, Anarchy, and Tyranny
The rule of law
The rule of law is a fundamental principle in democratic legal systems. It establishes that no person or institution stands above the law, including those who create, interpret, and enforce it. This means that legislators who make laws, judges who interpret them, police officers who enforce them, and lawyers who advise on them are all bound by the same legal standards as ordinary citizens.
This principle ensures equal treatment under the law. When a government official, judge, or police officer exercises authority, they must do so in accordance with established legal procedures. These procedures must be publicly known and consistently applied. The rule of law requires that governmental power is exercised through written laws that have been properly adopted through due process.
The rule of law is not just a theoretical concept—it has practical implications for every citizen. It means that if a government official breaks the law, they face the same consequences as any other person. This creates accountability and prevents the abuse of power.
Rule of law: the principle that nobody is above the law; governmental authority must be used in line with written, publicly disclosed laws, for which established procedural steps (due process) have been taken in the adoption and enforcement.
Breaches of the rule of law
Violations of the rule of law occur when those in positions of authority apply laws unequally. A clear example is when officials make favourable decisions for their relatives or friends while enforcing the law strictly against everyone else. Such breaches undermine public confidence in the legal system and destroy the principle of equality before the law.
The legal principle that "justice should not only be done, but should be seen to be done" reinforces the rule of law. Even the appearance of bias or unfair treatment can damage the integrity of the legal system. This principle originated from the English case R v Sussex Justices; Ex parte McCarthy [1924] 1 KB 256, where a conviction was overturned simply because there was a possibility of bias, even though no actual bias had occurred.
Why do people obey the law?
Laws create order and security
People generally accept and follow laws because they establish order in society. Without laws, individuals would have no clear expectations about what behaviour is acceptable or what consequences might follow certain actions. Laws provide a framework that allows people to feel secure in their daily lives.
When laws are in place, citizens know what is expected of them and what they can expect from others. This predictability creates stability and reduces conflict. Because laws are often based on long-standing customs and traditions, they also reinforce the values that most members of society already hold. In this way, the law reflects what the community believes is important and ensures these values are protected.
Laws serve as a social contract between citizens and the state. By following laws, individuals contribute to a stable society where everyone's rights and freedoms are protected. This mutual understanding forms the foundation of social cooperation.
Laws protect society
Laws serve a protective function by clearly defining which actions are permitted and which are prohibited. They establish boundaries for acceptable behaviour and provide consequences for those who cross these boundaries. When someone commits a crime, the law enables the justice system to impose sanctions – penalties such as fines or imprisonment – on the offender.
Sanction: a penalty imposed on those who break the law, usually in the form of a fine or punishment.
The threat of sanctions acts as a deterrent, discouraging people from committing crimes in the first place. Many individuals who might otherwise break the law choose not to because they fear the consequences. Furthermore, laws empower institutions such as the police force and the courts to enforce legal standards and resolve disputes when they arise. This institutional framework ensures that violations are addressed and that victims have avenues for redress.
Why people don't obey laws
Despite the reasons for compliance, not everyone follows the law all the time. People are more likely to disobey laws when they disagree with them or feel the laws have no relevance to their lives. This is particularly true when the penalty attached to breaking a law seems inadequate or insufficient to serve as a deterrent.
Consider laws prohibiting riding bicycles in certain areas or using mobile phones while driving. Many people break these laws because they consider the penalties – typically fines or demerit points – to be insufficiently harsh to change their behaviour. Some individuals believe that laws don't apply to them personally, while others simply calculate that they won't get caught and therefore accept the risk of disobedience.
Compliance with laws depends on several factors:
- The perceived legitimacy of the law
- The severity of penalties
- The likelihood of being caught
- Social norms and peer behaviour
- Personal values and beliefs
When any of these factors are weak, compliance rates tend to decline.
Case study: NSW smoking laws
Case Study: NSW Smoking Laws and Enforcement Challenges
In 2013, the NSW Government introduced legislation banning smoking in various public places, including within four metres of building entrances, at bus stops, train platforms, swimming pools, and sporting grounds. The law aimed to protect people from second-hand smoke exposure.
However, enforcement proved challenging. Between January 2013 and May 2014, only fines were issued across the entire state under these new laws, with just fine in the Hunter region. The low enforcement rate occurred because:
- Health inspectors had limited resources and other priorities
- The government initially focused on education rather than enforcement
- Many people were unaware of the specific restrictions
- Compliance monitoring was inconsistent
Key Finding: This case demonstrates that laws are difficult to enforce when people don't consider them relevant, when penalties seem inadequate, or when insufficient resources are devoted to enforcement. Even though of respondents in a survey were aware of the smoking bans, compliance remained inconsistent because many smokers didn't believe they would be caught or penalised.
Anarchy and tyranny
Legal systems exist on a spectrum between two extremes: anarchy and tyranny. Both represent failures of a functioning legal system, though in opposite ways. Understanding these concepts helps explain why balanced, fair, and consistently enforced laws are essential for a stable society.
Both anarchy and tyranny represent the breakdown of a healthy legal system. While anarchy results from too little government control, tyranny results from too much concentrated power. A well-functioning democracy must strike a balance between these extremes, maintaining order while protecting individual freedoms.
Anarchy
Anarchy: the absence of laws and government.
The word "anarchy" derives from the Greek word anarchia, meaning "without a ruler". In common usage, anarchy describes a state of chaos and disorder that results when a society has no laws or lacks the ability to enforce them. When people exclaim "We live in a state of anarchy!" they typically mean that society has broken down and lawlessness prevails.
Anarchy can emerge during revolutions when existing governments are overthrown but new systems haven't yet been established. It can also occur after natural disasters when law enforcement agencies are destroyed or incapacitated. The early warning signs of approaching anarchy include widespread violence and looting, as happened during the Ferguson riots in Missouri following the Michael Brown shooting in 2013.
During the Ferguson unrest, tensions between police and the African-American community erupted into violence after an 18-year-old was shot by a police officer. Riots broke out on multiple occasions when:
- The shooting initially occurred
- A floral memorial was desecrated
- Charges against the officer were dropped
- The police chief resigned
The violence included widespread looting, confrontations with police, and even shootings. The National Guard had to be deployed to restore order, demonstrating how quickly a situation can deteriorate when citizens lose faith in legal institutions.
The majority of people believe that an absence of laws leads to disorganised, chaotic societies. However, some philosophers and anarchist movements hold a different view. They argue that anarchy doesn't necessarily mean chaos, but rather describes a society free from rulers where people cooperate voluntarily and maintain social harmony without coercive government structures. Groups such as the Anarchist Federation and Melbourne Anarchist Club promote this alternative understanding and often protest at international summits like G8 meetings and World Trade Organization conferences.
Tyranny
Tyranny: rule by a single leader holding absolute power in a state.
While anarchy represents the absence of law and law enforcement, tyranny represents the opposite extreme. A tyrant is a single leader who exercises unlimited, absolute power over the people in a country or state. Under tyrannical rule, laws are typically enforced through severe and harsh punishments for any violations, no matter how minor.
Tyrannical governments are characterised by:
- Concentration of power in one individual
- Lack of checks and balances on that power
- Severe punishments for disobedience
- Suppression of dissent and opposition
- Rule through fear and intimidation
Modern examples of tyrannical leadership include:
- Saddam Hussein in Iraq (until his arrest in 2003) – exercised brutal control through secret police, torture, and execution of opponents
- Bashar al-Assad in Syria – maintained power through military force and violent suppression of opposition
- Robert Mugabe in Zimbabwe – controlled the country through intimidation, election manipulation, and persecution of political rivals
Under tyrannical rule, citizens have no protection from arbitrary exercise of power. The law becomes a tool of oppression rather than a means of establishing justice and fairness. While anarchy threatens society with chaos from below, tyranny threatens it with oppression from above.
Key Points to Remember:
- Rule of law means nobody is above the law – even those who make and enforce laws must obey them
- People obey laws because they create order, security, and protection, and because laws reflect societal values
- People disobey laws when they disagree with them, find penalties inadequate, or believe they won't be caught
- Anarchy is the absence of laws and government, typically resulting in chaos and disorder
- Tyranny is the opposite of anarchy – absolute power held by a single ruler with severe punishments
- Both anarchy and tyranny represent failures of a functioning legal system
- Effective laws require adequate enforcement resources and penalties that serve as meaningful deterrents
- Sanctions (penalties like fines or imprisonment) help deter crime and punish offenders