2009-03-18

Sarah has been busy at school…

Stage 2 Legal Studies

Summative assignment 2

Essay- Functions of law

Essay:“The three institutions of government aim is to achieve the functions of law.”

Using examples, assess the validity of this statement.

Rules carry out a significant role in regulating human behavior so that functions of law are accomplished. The legislative, executive and judicial is separate arms of government that contribute to achieve social cohesion and social progress.

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Firstly, the purposes of the functions of law are to establish and continue social cohesion to provide stable social progress in a diverse society. Social cohesion expects the members of society to act lawfully to conduct their affairs in a responsible manner, respectful of other people’s rights. To achieve social cohesion we need specific laws that; recognize and protect values and basic human rights, set acceptable standards of behavior, create the institutions of government. Furthermore knowing that laws can be changed to meet the needs of the current community. Social progress is society’s ability to progress from one generation to another in a lawful manner, essentially to achieve social cohesion in the future. Considering this, it requires laws that encourage social progress such as; all people should be given the opportunity to an education and health practices.

Laws are made by institutions of government. The three arms of government are known as the separation of powers. They are separate because by dividing the institutions. It avoids an individual having control over all government arms and abusing their powers. However Australia does not have complete separation of powers; ministers in the executive arm are also members of parliament. This ensures the ministers are accountable to the parliament for their actions. Also, a member of the judiciary cannot be a member of the executive or legislative arms. The three separate arms of government are referred to as Legislative, Executive and Judiciary. The primary purpose of the legislative is to make laws through parliaments. The executive arm consists of the government and all of its departments and agencies, whose role is to administer and enforce those laws. Whereas the judicial arm includes courts who resolve legal disputes.

Considering the parliaments are bicameral, meaning they are comprised of an Upper and Lower House. Initially a member of the House of Representatives introduces a proposed law on behalf of their electorate. Known as a Bill. After passing in the Lower House the Bill proceeds to the Upper house., the Senate. If a government enjoys a majority in the Senate, the Senate will pass its Bills easily. A senate that often votes against government legislation is known as a hostile senate. In this case the minor parties and independents hold the balance of power. Under these conditions, if the government does not have the majority of seats it will have to convince the crossbenchers for their vote to pass the proposed legislation. Assuming legislation is passed it then becomes law. As a part of the executive arm, the government departments and agencies enforce that law. An example of this is the police departments. If a citizen breaks the law the judicial arm becomes involved. The courts and judges resolve and appropriately sentence the offender with a remedy or sanction according to law, depending on whether civil or criminal law was breached.

The three institutions of government do achieve the functions of law, as we do not have the majority of society members disrespecting laws, which indicates they accept it as a standard of behavior and it reflects the values and rights of the community. The separation of powers is needed to properly accomplish social cohesion and social progress as each institution specializes to achieve it. The legislative arm makes and passes laws on behalf of the community and reflects and protects their current values. The executive arm, comprised of the government departments’, ‘police’ the community by enforcing these laws. If functions of law weren’t existent, citizens would not feel safe and society would become more unjust. The courts and judges in the judiciary arm bring justice and convict law-breakers with an appropriate punishment as a sign of the community’s disapproval. Together they achieve social progress and social cohesion by keeping society in order and maintaining harmony.

I believe that the three institutions of government’s main aim is to achieve the functions of law. Laws are made in parliament specifically to do so. The government departments ensure that citizens that disobey law are charged which protects the citizens and their rights. In addition, the judges and courts impose a legal consequence on the accused, which ultimately regulates society. Considering this, one could agree with the given statement.

As sweet as a nightmare

Written by Sarah.

Immediately my eyes were drawn to him. Blood dripped from the man’s wrists, which were chained to the rotting wooden post. Even though it wasn’t raining anymore, dark clouds covered the sky and puddles of mud surrounded that innocent soul. I sensed the clouds urgency to want to wash away this unforgivable crime. The man looked dead, like he had given up all hope on life. They say a picture is worth a thousand words, why can’t I figure out what this picture means and why I drew it?

I don’t remember a single thought pass through my mind when drawing this somewhat disturbing picture. It was as if I had become possessed by fate. Days have become minutes. I have analyzed every detail of this picture over and over. Something was not right. I stared deep into the man’s eyes, they seemed familiar. I then realized it was my older brother Tom. Let me assure you, my brother and I aren’t very close. I haven’t even spoken to him since he unexpectedly decided to move out of home and into the city two years ago. He said and I quote ‘I don’t want to waste my life in a dump of a town like Clovelly; where everyone knows each other and nothing is ever kept a secret.’ In a way I agree with him but I like it here. Rather than having a rushed lifestyle it’s really relaxed and there’s no such thing as a stranger. I screw the picture up and throw it far away to the other side of the room and my mind. As badly as I wanted to forget it, something compelled me to remember. A rush of dread drained me for a second as I thought ‘What if…?’ Quickly I find Tom’s phone number through a pile of papers in my overflowing drawers. Ring, ring, ring. That is all I could hear. It echoed through my head as the number continuously rang. I grew more anxious as every second that went past seemed like eternity. “G’day?” A voice finally answered. ”Oh thank god Tom!” And before I could say another word, “Lana is that you?” It was then I realized it wasn’t Tom at all. It was James, his flat mate. “Speaking of Tom, did he visit you today? Because he didn’t come home after work yesterday as usual…” He paused for a moment. “Oh well, I’m sure its nothing. Sorry I’m busy, I have to go, catchya later mate”. I was in shock. Was this a coincidence or a sign?

A few hours later I get a mysterious phone call, just as I finally managed to push aside the idea of Tom being in danger. “Hello?” A few seconds pass. “Hello?” I say again, beginning to get annoyed as I was definitely not in the mood for prank calls. Before any words came from the other end of the line, I hear a bizarre noise. It sounded like someone was panting, followed by two words, just two. Clown Carnival. I knew at that very moment it had to be Tom. I hadn’t paid special attention but I could undeniably hear fear in Tom’s voice. The line dropped.

Clown Carnival was what I had called Clovelly Carnival when I was about four years old because the clowns scared me. And to this day they still do. In fact, rather than a carnival it was more like a bunch of stalls in an old warehouse including an outdoor part with a range of five disgraceful kids’ rides. Every year after that when we went on our family holiday it was always to Clown Carnival. It did not matter how much reluctance I showed, no-one could stop my parents from trying to create a ‘special family holiday’. Thankfully, the carnival had been shut down a few years ago due to unpopularity. Tom was definitely in danger. This was an indication of which I could not deny.

The rain had almost stopped, although I could smell it all around me. I felt the cold wind push against my arm as if to edge me to face my ultimate fear. Knowing from this moment onwards nothing would be the same, I took a deep breath trying to preparing myself. Adrenalin pumped through my veins as I took a step towards destiny. I turned the door knob and to my surprise it was unlocked. Dust covered the windows trying to cover up this hideous place whilst making the room unbearable to see in. All I could see was black. My fear became stronger as I no longer had the sense of sight to rely on. Suddenly, a loud crash echoed throughout the room. I quickly turned around to find I could no longer see the light from outside through the open door. At this stage I could hear my heart pounding at almost triple the normal rate. Estimating ten meters directly in front of me, I could see a faint beam of light shining through what looked like a doorway. I ran towards the light as if it was the light of heaven. When it touched my skin I felt relieved as if I hadn’t seen or felt sun light in years. Just as I began to regain my sight I noticed I was in a room of full length mirrors. They were covering the walls on all sides of the room. Cautiously I began to walk through the room. Distorted reflections of myself flashed in the corner of my eye. Trying to concentrate on getting through the room without freaking myself out even more. In a fraction of a second I see a reflection that wasn’t me. It was the one thing that scared me about this place, more than anything else. It had a big red nose and blue hair, with an evil look on its face. More frightened of what was behind me rather than in front, I walked backwards. An undeniable force abruptly stopped me. I just stood there. No idea about what or who was behind me.














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