Lizzie O'Shea outlines the two extreme ideas of the law. On one hand law can reflect the morals of the day and provide justice by adapting to circumstances. On the other hand justice is better served by applying the letter of the law to everyone equally, independent of the consequences or the situation. She reveals that most lawyers find a place somewhere between these two extreme ideas.
We meet some of Australia's top judges who talk about what they think about the law and justice.
Former Justice of the High Court Michael Kirby talks about how the law changes over time to reflect changes in community attitudes. He also discusses the independence of judges, who must determine for themselves what their judgement will be.
Justice Susan Kenny from the Federal Court of Australia explains how parliaments create laws, and judges are bound by those written laws. She points out that because judges are human, personal values will inevitably have a small influence on their more complex judgements.
Justice Betty King from the Supreme Court of Victoria talks about how each crime is individual, and so too must be the judgement.
Lizzie O'Shea wraps up by reminding us that law is in fact fluid and constantly changing. It can be shaped by individuals and by changes in community attitudes.
Find curriculum links at http://legalbriefs.com.au