Huratio said:
oh year.. my question:
i'm not good at the syllabus dot point: 'extent to which law reflects moral and ethical standards'... i've got an extremely brief explanation on my notes.. doesn't seem sufficient.
just a hint - this isn't a "heres the question, here's the answer" type area.
you mroe have to look at each aspect of the law, each legislation, each precedent and each issue and say how these do or don't reflect individual moral/ethical standards and societal/collective moral/ethical standards.
IE - dthe law is supposed to represent the collective morals of society, thus they most often do not represent the morals of "minorities" - eg women, differnt cultures, kids, different religions, homosexuals etc
so if you are referring to, say how the law reflect moral and ethical standards as far as marriage you can refer to points such as:
* recognition of polygamous marriages for legal proceedings but not allowing their creation in australia- this reflects a western moral standard that fidelity and exclusivity is an important asoect of marriage. This ignores individual morals/ethics for those who believe there's nothing wrong with it.
* Divorce - 'custody'(residence) of kids - having the childs interests as paramount reflect societal morals and ethics through placing the rights of an innocent and uninfluential and vulnerable participant in the situation above that of the independant and perhaps less vulnerable adults. This however often infringes upon individuals standards as often one parent is afforded less time with their child etc
*De Facto relationships - reflects the change/advancement in societal/cultural perceptions regarding of marriage - living together but not being married is no longer viewed as iummoral, so the law has responded to represent this perception.
etc etc
its not a matter of saying "the law reflects moral and ethical standards"
you have to look at each issue of family law separately. A good way to do this in essays is to dividie it up into categories such as Marriage, Divorce, De Facto Relationships, Same sex relationships, Children, Birth technology and Adoption, Property - linked to divorce but technially a separate issue(as this is separate from divorce proceedings in the family court).
Basically think of it as in what does this area involve, how has the law in this area changed from initial laws to teh present, how has society changed from initial to present and then compare the laws changes and societies changes. As society changes due to changing morals/ethics/accepted behaviours, if the law changes to accomodate tese it thereofre reflects moral and ethical standards. Howeer, make sure you address individuals and collective morals as they are different and otfen infringe upon one another.
