Rules in our society are
of vital significance, as they are the only way we can co-exist with our fellow
citizens in harmony and freedom. Although from a young age we despise any rules
placed upon us, it eventually becomes clear that without any rules, laws or guidelines
we simply cannot function as a society. The rules we ae expected to abide by allow
us to live in safer environment, protect our basic
human rights and keep overall peace through the ways of resolution.
Rules allow us to establish
codes of behavior, which in turn provides us with a safer environment. Some
ways in which codes of behaviour set boundaries include
placing restrictions on behaviour and prohibiting certain types of behaviour. Behaviours
are prohibited when it is considered to be dangerous to others. In criminal law
this can include acts against a person that violate a person’s right to feel safe
and secure. An example of these criminal acts includes rape, theft and murder,
as this is harmful to society as a whole. Other restrictions can regulate the
behaviour of private individuals, this is in civil law. Laws that concern an
individuals behaviour include trespassing, negligence, defamation and nuisance.
Once these behavioural codes on conduct have been breached we also further need
laws and rules to send offenders to correctional facilities. However, once an
act against a person, or any other type of law is broken, this is when there is
a division in our society. Many people are left to question how effective the
law is, and the general consensus is that our legal system is costly and isn’t working.
This is evident in an article titled ‘Australia’s prison system isn’t working.
It need urgent attention’, written by Jane Fynes-Clinton of The Courier Mail. She
goes onto say ‘the need for recalibrating the criminal justice system has never
been greater’. So although its obvious that we need rules as a society, the debate
seems to be around the rules used to rule out, in this case, sanctions.
Rules within our society mean that we have rights
as citizens, specifically human rights. This means not only do we have
anti-discrimination law, but these rules also limit the power of our government
and regulates the freedom of citizens. Another extremely important right based
on the rule of law is Australian democracy. These rules not only restricts the
power of our government and the influence of arbitrary power, gives us the
right to a fair trial, but allows us free speech. This along with many more
benefits. This became an increasingly
important point when reading ‘ Mandatory minimum sentences and populist criminal
justice policy do not work- here’s why’ authored by Kate Fitz-Gibbon and James
Roffee. The article discusses the proposed changes to the criminal justice
system, from the Victorian Liberal Party. In one of the last statements ‘Since
the Victorian Liberals’ announcement, the proposal for mandatory minimum
sentencing has been met with significant criticism from the legal and academic
community. Their concerns are well founded’ there was an obvious display of
freedom of speech. The fact that there is a rule of law that allows people to voice
their criticisms against the Victorian Liberal Party is a clear sign that this
section of the law is effective.