Understanding Law
An Introduction to Australia's Legal System
By: Richard Chisholm, Garth Nettheim, Helen Chisholm
About This Book
Read the review first published in Ethos - Journal of the ACT Law Society. Designed as an accessible introduction to Australia's legal system, this popular book demystifies the law and shows its importance to our society. Written by highly qualified authors, the direct, clear and often humorous style of the book will help readers understand how the law relates to real issues and controversies. The institutions and sources of law in our legal system are clearly explained, including the roles of lawyers, the courts and the legislature. Illustrative examples and a discussion of actual cases enable students and other citizens to engage with topics such as historical basis of Australian law, Australian law and international law, human rights, procedural fairness and the notions of law and morality. New stimulus questions and activities included in this 8th edition invite the reader to consider the interrelationship of law, tradition and social values. Understanding Law is a perfect introduction to the law for students engaging with legal studies and for other academic disciplines at tertiary and senior secondary levels. It is an ideal starting point for any Australian interested in learning more about their legal system. Features · This text is written in accessible, plain English to enable non-lawyers to easily understand legal principles · Experienced and accomplished authors provide reliable and authoritative content. · Cartoons provide humour and promote the book as a reader friendly text.
AI Overview
The book "Understanding Law" by Richard Chisholm and Garth Nettheim is a comprehensive introduction to Australia's legal system, designed to demystify the law and highlight its importance in society. Here is a detailed overview of the book:
Key Themes
Introduction to the Legal System:
- The book begins by defining law and explaining its role in society. It introduces the concept of the legal system and its various components.
Origins of the Australian Legal System:
- The authors discuss the origins of the Australian legal system, tracing it back to English law and the indigenous legal traditions.
How Laws are Made:
- The book explains the legislative process, including how laws are made by parliaments and the role of case law in shaping the legal system.
Courts and Legal Profession:
- It provides an overview of the different courts in Australia, their functions, and the roles of various legal professionals within the system.
Due Process and Access to Justice:
- The book covers due process of law, legal aid, and access to justice, emphasizing the importance of fairness and equality in the legal system.
Individual Liberty and Public Power:
- It explores the relationship between individual liberty and public power, discussing how the legal system balances these competing interests.
Law and Morality:
- The authors examine the intersection of law and morality, considering how moral principles influence legal decisions and vice versa.
Plot Summary
The book is structured into several chapters that cover various aspects of the Australian legal system. Here is a brief summary of the chapters:
Introduction
- An overview of the book's purpose and scope.
Indigenous Law, English Law, Australian Law
- A discussion on the historical and cultural context of Australian law.
Main Branches of Law
- An introduction to the main areas of law, such as contract law, tort law, and property law.
Where Law Comes From: Case Law
- An explanation of how case law develops and influences the legal system.
Where Law Comes From: Legislation
- A detailed explanation of the legislative process in Australia.
Limits on Legislative Power
- An examination of the constraints on legislative power, including constitutional limitations.
Courts and the Interpretation of Legislation
- An overview of the role of courts in interpreting legislation and making decisions.
Lawyers
- A description of the roles and functions of lawyers within the legal system.
Courts of Law
- A detailed explanation of the different types of courts in Australia and their jurisdictions.
Due Process of Law
- A discussion on the principles of due process and how they are applied in legal proceedings.
Legal Aid and Access to Justice
- An examination of the mechanisms for ensuring access to justice, including legal aid services.
Individual Liberty and Public Power
- A discussion on how the legal system balances individual rights with public interests.
Law and Morality
- An exploration of the relationship between law and morality, including ethical considerations in legal decision-making.
Critical Reception
The book has been well-received for its accessibility and clarity. Here are some key points about its critical reception:
Accessibility: The authors are praised for avoiding legal jargon and writing in a clear, simple, and humorous style, making the book an easy read for both students and non-lawyers.
Comprehensive Coverage: The book is commended for its comprehensive coverage of the Australian legal system, including its historical context, legislative process, and various branches of law.
Relevance: It is noted that the book remains relevant even after multiple editions, with the sixth edition being particularly well-received for its updated content and continued clarity.
Educational Value: The book is highly recommended as an introductory text for tertiary students and anyone interested in understanding the basics of Australia's legal system.
In summary, "Understanding Law" by Richard Chisholm and Garth Nettheim is a highly regarded introduction to Australia's legal system, known for its clarity, comprehensive coverage, and accessibility. It is an essential resource for anyone seeking to understand the intricacies of the Australian legal system.