Reasons for rules

What are laws?

Laws are rules that govern society. They are in some ways similar to the rules and regulations applied in schools. Setting rules for students to follow is part of helping young people to learn self-discipline, respect for others and to take responsibility for their actions. School rules are based on values such as fairness, justice and equality.

Our society's laws are also based on these values. Laws are founded on ideas of the 'rights' and 'duties' given to every citizen. At school, every student has a right to learn and play without interference in a safe school environment; to have access to support services (such as counselling) and to be valued as an individual, free from discrimination.

What are duties?

Along with these rights come a student's duties. These include the duty to allow others to work free from interruption; to show consideration to all members of the school; to respect school equipment and buildings; and to have respect for other people's possessions.

For reasons of safety and consideration of others, certain behaviour might not tolerated in school, such as fighting, bullying and verbal abuse; harassment; playing with dangerous objects; or the climbing of trees or buildings.

At school, rules might be set by a teacher, the headmaster or by other figures or groups of authority. These people are authorised by the government to make and enforce these rules, which are sometimes called 'bylaws'. Bylaws are rules which govern the internal running of an organisation, such as a business corporation, community group, or sporting body.

Law in society

Like the rules in a school, laws exist in society to allow everyone to live in a safe and pleasant environment, and to have their lives and possessions be given consideration and respect by other members of society. For Australian society in general, parliaments have responsibility for debating and voting upon legislation (rules). The Constitution of Australia outlines the powers of the Commonwealth Parliament. State parliaments, in general, legislate on matters that are not allocated to the Commonwealth Parliament.

Laws in society are in some ways different to the rules in a school. At school a student might be prohibited from using a mobile phone, chewing gum, or bringing glass containers to school, and students can be made to wear a compulsory school uniform. As an adult citizen in society you are given more freedoms (you can use your mobile phone, chew gum and wear whatever you choose) but more responsibilities and obligations are conferred upon you. For example, people who are under the age of 18, known as 'minors', are dealt with in the juvenile justice system.

Legal systems

All legal systems recognise, create, and enforce obligations. Obligations are a central part of the social role of law and a cornerstone of the law's authority. The fundamental obligation that is expected of all people in society (from schoolchildren up to the Prime Minister) is the obligation to observe the 'rule of law' principle. The rule of law is the principle that the authority of the government can only be exercised in a way that conforms with written, publicly disclosed laws, and that all members of society are subject to the same law. The best-known explanation of the concept of 'rule of law' was written in 1895 by the British law professor Albert Venn Dicey in his book 'Law of the Constitution':

'...every official, from the Prime Minister down to a constable or a collector of taxes, is under the same responsibility for every act done without legal justification as any other citizen.'

The system of mutual rights and duties or obligations is a way of striking a balance between an overly oppressive system which would restrict the freedom of people in society (thus contravening the fundamental principles of democracy) and a weak or non-existent system which would result in society descending into chaos and potentially into 'anarchy'. Between these two extremes is the state of order and freedom the law strives to produce and protect.

Different perspectives on law

Many people argue about the law. Some argue about how to strike the correct balance between an overly restrictive legal system and a system that does not provide adequate protection for its citizens. Others argue about the most basic questions of the existence and nature of laws. The philosophical branch of the law known as 'jurisprudence' is dedicated to the study of these basic principles of the law and of legal systems. People who study jurisprudence look at the fundamental ideas of what constitutes a law; what makes a law valid; the place of law in society; and the relationship between law, morals and ethics.

In terms of where law comes from, there are several schools of thought. Prior to the seventeenth century, many people followed the theory of 'Natural Law', which states that because laws ultimately come from nature, society's laws should correspond as closely as possible to the laws of nature, where each person's peace and happiness is the ultimate gain. The concept of 'Legal Positivism' suggests the opposite: that law is defined by the rules, practices and punishments of any given society at any time, and thus the source of law changes over the course of history. A third school of thought, called 'Legal Realism', takes the view that the true nature of the law is found in its everyday practice in courts, law firms and police stations, rather than in the strict adherence to the laws written by the government.

In terms of what law should do, some people subscribe to the view that laws should be made so as to produce the best possible outcome for the greatest number of people. This is known as Utilitarianism and was developed in the eighteenth century by the philosophers Jeremy Bentham and John Stuart Mill. Other people believe that laws exist to protect the freedom or rights of the individual. Different members of society might have different perspectives on the function of the law. For example, a businessman might be focused on how the law allows companies to operate and make money, whereas others might think the law exists to provide protection and access to justice for the marginalised members of society such as Aboriginal Australians or the homeless.

In general, it can be seen that the ultimate goals of the law are protection, freedom and dispute resolution.

For protection from both our own actions and the actions of others, the law tells us what we cannot do. This would include a range of actions such as murdering or assaulting others, robbery, driving whilst drunk or trespassing on railway tracks.

To ensure freedom for all members of society, the law tells us what we can do. The law allows us to own and drive a car (upon receipt of a licence), to practise the religion of our choice, or to divorce.

The law also provides systems to resolve disputes in society, whether over stolen money, custody of children or loud music played by a neighbour. These systems include the police force, the court system, bailiffs, and correctional facilities (jails).