1. Conditions that Give Rise to Law Reform
Changing social values:
Social Values are the standards or principles that guide people in thinking about different aspects of society and underlying beliefs of right and wrong. These values change over time and the law will reflect these changing social values. Australia is a multi-cultural society and many people hold different social values. Thus, the law can only reflect the social values of the majority of people (Public Morality). Changing social values are a great source of motivation for law reform. Legislators and others use judicial decisions for guidance when the current law does not reflect the community's social values. Gay marriage is an example of a changing social value, as it was legalised in the ACT under the Territory’s Labor government. However, when the federal Liberal party came to power, they made the decision to use the Commonwealth’s constitutional powers to challenge the ACT law.
New concepts of justice:
As social values change, so does our concept of justice, especially in the issues of punishment and sentencing. When society perceives that the law is not delivering just outcomes, there may be a need for law reform. In NSW, sentencing laws are under inspection in relation to Indigenous offenders and corporate offences. Similarly, the use of capital punishment in Australia was abolished (ACT, NT-1973; QLD-1922; NSW-1985; TAS-1968; VIC-1975; SA-1976; WA-1984) when people’s attitudes changed. What was considered justice, the concept of ‘a life for a life’ shifted to the importance of rehabilitation.
New technology:
As technology advances so does the need for law reform. New technology gives rise to law reform when it is further advanced then the laws in place. For example, medical improvements like birth technology frequently provoke ethical debate, generating the need for law reform. Additionally, the use of DNA testing to help solve crimes has led to criminal law reform.
Changing social values:
Social Values are the standards or principles that guide people in thinking about different aspects of society and underlying beliefs of right and wrong. These values change over time and the law will reflect these changing social values. Australia is a multi-cultural society and many people hold different social values. Thus, the law can only reflect the social values of the majority of people (Public Morality). Changing social values are a great source of motivation for law reform. Legislators and others use judicial decisions for guidance when the current law does not reflect the community's social values. Gay marriage is an example of a changing social value, as it was legalised in the ACT under the Territory’s Labor government. However, when the federal Liberal party came to power, they made the decision to use the Commonwealth’s constitutional powers to challenge the ACT law.
New concepts of justice:
As social values change, so does our concept of justice, especially in the issues of punishment and sentencing. When society perceives that the law is not delivering just outcomes, there may be a need for law reform. In NSW, sentencing laws are under inspection in relation to Indigenous offenders and corporate offences. Similarly, the use of capital punishment in Australia was abolished (ACT, NT-1973; QLD-1922; NSW-1985; TAS-1968; VIC-1975; SA-1976; WA-1984) when people’s attitudes changed. What was considered justice, the concept of ‘a life for a life’ shifted to the importance of rehabilitation.
New technology:
As technology advances so does the need for law reform. New technology gives rise to law reform when it is further advanced then the laws in place. For example, medical improvements like birth technology frequently provoke ethical debate, generating the need for law reform. Additionally, the use of DNA testing to help solve crimes has led to criminal law reform.