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legal studies assessment.....task help... (1 Viewer)
- Thread starter RUBLEET
- Start date
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LaraB
Guest
(i posted this in another thread but thought i'd repost it there 4 u
- hope it helps)
this isn't a "heres the question, here's the answer" type area.
you more 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 - the 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 you can refer to points such as:
* Marriage - 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. ( I think a case is Khan v Khan from memory?)
* 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 (can also refer to proposed government changes for automatic joint custody if both parents are competent and the child's best interests will be served - ie the dad isnt a violent person 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. I thin kits the De Facto Relationships Act? cant remember
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.
- hope it helps)this isn't a "heres the question, here's the answer" type area.
you more 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 - the 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 you can refer to points such as:
* Marriage - 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. ( I think a case is Khan v Khan from memory?)
* 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 (can also refer to proposed government changes for automatic joint custody if both parents are competent and the child's best interests will be served - ie the dad isnt a violent person 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. I thin kits the De Facto Relationships Act? cant remember
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.
jonnathann
Member
- Joined
- Aug 28, 2004
- Messages
- 98
Wow it says one issue. There's heaps of issues that you shouldn't do then like adoption, ART, and blah blah..but i reckon u shud do alternative family arrangements and its recognition. U don't need help, just regurgitate watever the textbooks say
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LaraB
Guest
what's wrong with doing adoption?jonnathann said:
its an issue in family law and there's heapsa controversy and info and changes regarding it... although it is difficult
so if you're ater an easy way divorce or birth technology since its a current issue in the media are the easiest two.
EDIT: ps - regurgitating the textbook may suffice in some schools for in school assessment but it won't get you an great mark in hsc...
textbooks are out of date, often to general or just plain wrong especially with family and global and consumer since there are so many recent and proposed government reforms and international pressure gropus emerging. Textbooks provide the most basic way of expressing the answer and good students will extend on this.
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