1.1 the law, customs and rules
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  • 1. THE LAW, CUSTOMS AND RULES
  • 2. OVERVIEW Syllabus Topic: The Legal System Context: Students are to develop an understanding of the nature and functions of law through the examination of the law-making processes and institutions. Question: Evaluate the need for law in the operation of society Criteria for Evaluation (word bank): essential/non-essential, important/not-important,
  • 3. NAME AND DEFINE: LAW  A law is a special type of rule that has been made by sovereign power*. * A person or institution with the authority to make laws
  • 4. DESCRIBE: LAW Universal – applies consistently and constantly, to everyone  Strictly enforced by society 
  • 5. EXPLAIN SIGNIFICANCE OF: LAW For each feature described, what is its function or purpose? What problem is it addressing, or what is its impact/effect?  Universal:  Strictly enforced:
  • 6. NAME AND DEFINE: RULES  Prescribed directions for behaviour in certain situations
  • 7. DESCRIBE: RULES Apply to certain people at certain times  Recorded in written form or through use of symbols – usually  Not enforceable by the state 
  • 8. EXPLAIN SIGNIFICANCE OF: RULES For each feature described, what is its function or purpose? What problem is it addressing, or what is its impact/effect?  Not universal:  Usually written/symbolic:  Not enforceable
  • 9. NAME AND DEFINE: CUSTOMS  Collective habits or traditions that have developed in society over an extended period of time
  • 10. DESCRIBE: CUSTOMS Exist within a group of people  Vary depending on the culture, religion and history of a group  Generally not written down 
  • 11. EXPLAIN SIGNIFICANCE OF: CUSTOMS For each feature described, what is its function or purpose? What problem is it addressing, or what is its impact/effect?  Not universal:  Usually written/symbolic:
  • 12. DIFFERENCES BETWEEN LAWS AND RULES Laws Rules To be obeyed by… To be obeyed by… Made by… Made by… Enforced through… Enforced through… Consequences of a breach… Consequences of a breach…
  • 13. RELATIONSHIP BETWEEN CUSTOMS, RULES AND LAWS Whenever people have lived together in groups, they’ve developed rules to govern their behaviour and thus maintain the smooth running of activities These rules have penalties attached if members of the group fail to follow them These rules were based on the traditions, customs and values of the group Over time, these rules became formalised laws, known in society as “the law” Groups usually put someone, or a small group, in charge to enforce these rules and the assorted penalties. In modern times, this became the government
  • 14. ANALYSE: How are the functions put into action? How do they achieve their purposes? What is the relationship between each feature described and its impact/effect?
  • 15. CRITICALLY ANALYSE: How is each feature (or impact/effect) beneficial or unbeneficial, in relation to your set criteria? In what ways? advantages disadvantages
  • 16. EVALUATE: To what extent is each impact/effect effective (or what is its value/quality)? To what extent has each feature served its purpose? To what extent was each impact/effect successful? By how much does each positive outweigh the negatives or vice versa?