Introducing the law
Chapter you | Launching the law
Law and life
The nature of law
Justice, ethics and politics
The sources of regulation
The Aussie legal system
Law and life
Presenting the law
You already know about the law...
•... out of your personal lifestyle.
•... from your business actions.
•... through the media.
•... from well-known culture.
•There are very handful of aspects of your life that are not
governed by law.
The size of law
Launching the law
Understanding the law
– the set of rules,
– made by the state, and
– enforceable simply by prosecution or perhaps litigation.
•Business law is definitely:
– The set of guidelines regulating businesses and
organization activities of the state and
enforceable simply by prosecution or perhaps litigation.
The objective of law
– resolves disputes,
– maintains interpersonal order,
– preserves and enforces community values,
– protects the disadvantaged,
– stabilises our economy, and
– prevents the misuse of power.
Types of law
Physique 1 . a couple of
The changing law
•The law adjustments regularly because of:
– personal change,
– the need to repair problems with the law,
– changing community ideals,
– pressure from reception groups, and
– changing technology.
Proper rights, ethics and politics
Presenting the law
Regulation in circumstance
Figure 1 ) 3
Legislation and rights
•Justice may be understood because fairness, just like fair
reimbursement or consequence, a fair decision or a good
distribution of resources.
•The notion of fairness provides influenced the expansion
of business law in many ways.
Law and justice
•The relationship between law and justice may not be
necessary, but it really is desired.
•There happen to be three types of proper rights:
– Distributive justice;
– Procedural proper rights; and
– Retributive rights.
Law and ethics
•A legal choice is one that conforms with the regulation; an
ethical choice is the one which is recognized as ‘good' and
•Law and ethics generally correspond, but:
– a conclusion that is legal may not be moral, and
– a decision that may be ethical is probably not legal.
Regulation and national politics
•While what the law states is more than merely governmental policies, the law can be
shaped and influenced simply by power and politics.
•Particular laws are generally the expression of a political ideology.
•Legislation is made by political figures to implement
government procedures and obtain political goals.
The options for law
Presenting the law
The three arms of presidency
Figure 1 ) 8
Separation of powers
•Theoretically, the legislature, the executive and the
judiciary ought to as far as feasible remain functionally
•In Australia, members of the exec (the Excellent
Minister / Premier as well as Chief Minister and the additional
Ministers) are also members in the legislature (the
Parliament) which means the legislature and the
business are not totally separate.
The Australian legal system is similar to the
British legal system because is tries to
incorporate separation of powers, although also the
doctrine of responsible govt.
Forms of government
Figure 1 . 7
Types of legal system
•Civil law legal systems are the most common type of
•The primary source of rules is laws in the form of
codes, statutes and constitutions; case law is generally
not recorded and is certainly not recognised as being a source of legislation.
•Examples consist of France, Australia, Russia, Chinese suppliers,
Japan, Thailand and Korea.
Types of legal program
•Common law legal devices are based on the British
•The two primary sources of legislation are guidelines and case
legislation; the judiciary is much more strong and influential
in common regulation countries as compared to civil rules countries.
•Examples include the British isles, Australia,
Canada and New Zealand.
Bringing out the law
The six key characteristics from the
Australian legal system
Physique 1 . 6th...
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