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Outline TWO characteristics of a just law - HSC - SSCE Legal Studies - Question 16 - 2006 - Paper 1
Question 16
Outline TWO characteristics of a just law. Distinguish between a moral right and a customary right: Using an example, assess the effectiveness of non-legal measure... show full transcript
Worked Solution & Example Answer:Outline TWO characteristics of a just law - HSC - SSCE Legal Studies - Question 16 - 2006 - Paper 1
Step 1
Outline TWO characteristics of a just law.
Answer
A just law is characterized by fairness and equality. Firstly, it should apply equally to all individuals, ensuring that no one is above the law. Secondly, it should be based on principles of morality and ethical standards, aiming to promote justice and protect individual rights.
Step 2
Distinguish between a moral right and a customary right.
Answer
A moral right is based on ethical principles and individual conscience, often considered universal and inherent to all humans, such as the right to life or freedom from torture. In contrast, a customary right is derived from societal norms and practices, which can vary significantly across cultures and are dependent on the traditions and beliefs of a specific community.
Step 3
Using an example, assess the effectiveness of non-legal measures in addressing human rights issues.
Answer
Non-legal measures, such as advocacy campaigns and grassroots movements, can be highly effective in addressing human rights issues. For instance, the civil rights movement in the United States utilized protests and public awareness to challenge racial discrimination. These efforts raised awareness, changed public opinion, and ultimately influenced legal reforms. However, their effectiveness can be limited by the lack of legal authority and enforcement, necessitating a combined approach with legal mechanisms for sustainable change.