To what extent has law reform responded effectively to contemporary law issues?
Law reform or legal reform is the process of examining existing laws, and advocating and implementing changes in a legal system, usually with the aim of enhancing justice or efficiency. Intimately related are law reform bodies or law commissions, which are organisations set up to facilitate law reform. Often law reform is slow to come about as requires changing statute law therefor is only catching up on common law and standardising punishments. I'm most contemporary issues like technology, innovative marketing and credit law reform is ineffective in its response as it takes to long to implement and theses contemporary law issues are continually evolving.
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The issue is formed by the consistent evolution of technology and the struggle of legislation to keep up with the new innovations. The Electronic Transactions Act 1999 (Cwlth) has address many of the issues associated with consumer contracts negotiated over the internet. Electronic transactions amendment act 2011 (cwth) was introduce to keep up with new technology and to bring Australia’s laws in line with the rest of the world. However it took 17 years to impliement change and within those 17 years technology changed vastly and legislation hasn't kept up. The major risk to people due to new technology is inadequate laws surrounding private the Privacy and Personal Information Protection Act 1998 outlines how New South Wales public sector agencies manage personal information and the functions of the NSW Privacy Commissioner however this legislation is 18 years old and is not able to keep up with new technology that lies in a grey area this includes metadata which is a new technological innovation. This news article outlines how new technology is exploring the general public's privacy "Data retention and the end of Australians' digital privacy"August 29, 2015 “The digital privacy of Australians ends from Tuesday, October 13”as “Intelligence and law enforcement agencies will have immediate, warrantless and accumulating …show more content…
Marketing innovations are used by companies to have cut through in saturated marketplaces, as they are different and hopefully catches the consumers’ eye. Marketing innovation is all about being new ways of marketing and often incorporate new technology which leads to new law reform being needed to govern the innovations. spam act 2003 (cth) and Do not call act 2006 that had the purpose of stopping unsolicited telemarketing calls to a number registered on the Do Not Call Register were both legislations brought in to deal with innovative marketing strategies that utilises new technology. The Australian Competition and Consumer Commission v Reckitt Benckiser [2015 focused on marketing innovation of Nurofen however "Lawyers for pharmaceutical giant Reckitt Benckiser admitted today in court that the company had engaged in "deceptive and misleading" behaviour by advertising that four products could treat specific types of pain” (ABC Nurofen maker admits to court it engaged in 'deceptive and misleading' behaviour 14 Apr 2016) this cast achieved justice for society by the use of The Competition and Consumer Act 2010 (Cth) which replaced the Fair Trading Act 1987 (NSW) however it has not been decided what the penalty is to be a fine which is ineffective at achieving justice for an individual and compensating them for their losses. Marketing innovations have been well
DTC advertisements aim to persuade that their possibly less effective drugs work better than other drugs rather than to inform consumers of correct information about drugs. The reason that pharmaceutical companies abuse the power of DTC advertising is because the pharmaceutical industry does not have a strong ethical code for advertising; their sales are so obsessed with profits. To solve this problem, policy makers should prohibit indiscreet DTC advertisements on air and fund more informative services about new drugs so that patients could make clever
First federal attempt to define eligibility for pretrial release using objective indicators such as danger to the community, as well as the risk of flight
Reform Judaism started as a response to the Enlightenment that occurred in the late 17th and the early 18th century. The Jewish people needed to determine how to best combine new ideologies with their religious practices. The Jewish people suddenly had a new, non-Jewish world that they could be apart of. Some started to lose interest in religion. The Reform Judaism movement was created to adapt to these changes in society. The movement’s fundamental belief was that religious change is good (Kaplan 183). Platforms were created to define the boundaries for Reform Judaism and show how the Reform Movement is different than the traditional form of Judaism (Meyer & Plaut 195). The Reform movement has undergone many significant changes of their ideologies including Israel and the Halacha. These changes display their core idea of adapting Judaism to the social environments but simultaneously always keeping the Jewish community bound together. These changes are made from 1885 to 1999 with the Pittsburgh Platform, Columbus Principles, and Statement of Principles.
Richard Hofstadter's The Age of Reform In 1955, Richard Hofstadter wrote his Pulitzer Prize winning book The Age of Reform, about the Gilded Age. Hofstadter’s arguments about the Populist and Progressive movements and their origins started debate and renewed scholarship on the Populist and Progressive movements. Many historians did not agree with Hofstadter’s arguments and published their own papers stating their conclusions based on their own research.
From the above cases, it is evident that the law reform process is effective to a certain extent in achieving just outcomes in regard to native title, due to our ever-changing society, and the progression of new rules.
There are many influences on the way our law is formed and it can come
The role of law reform has responded rather effectively to a certain extent in protecting the rights of consumers. This is evident in the legal responses introduced to address issues of credit, marketing innovation and technology. These law amendments has effectively increase the protection of the rights of consumers to a certain extent, however loopholes still exist. Due to the increasing range of goods and services continues to grow and the failure of existing laws, the role of law reform has been significant in protecting the rights of consumers. Consumer laws were created to prevent deceitful activities, or unfair business practices, as well as serving a protection for weaker parties who are unable to protect themselves. However, laws were later reformed to enable customers to transact with confidence and protect suppliers, consumers from inappropriate business conduct and to reflect changed community values and circumstances.
The Age of Reform throughout 1825-1850 was a great turning point for American society. The ideas and beliefs throughout the reform movements greatly expanded the democratic ideals. Reform movements in the United States sought to express ideas through religion and education, start movements through abolition and temperance acts, expand beliefs by caring for the insane, and take a stand by speaking up for personal rights .
Ever since day one, people have been developing and creating all sorts of new methods and machines to help better everyday life in one way or another. Who can forget the invention of the ever-wondrous telephone? And we can’t forget how innovative and life-changing computers have been. However, while all machines have their positive uses, there can also be many negatives depending on how one uses said machines, wiretapping in on phone conversations, using spyware to quietly survey every keystroke and click one makes, and many other methods of unwanted snooping have arisen. As a result, laws have been made to make sure these negative uses are not taken advantage of by anyone. But because of how often technology changes, how can it be known that the laws made so long ago can still uphold proper justice? With the laws that are in place now, it’s a constant struggle to balance security with privacy. Privacy laws should be revised completely in order to create a better happy medium between security and privacy. A common misconception of most is that a happy medium of privacy and security is impossible to achieve. However, as well-said by Daniel Solove, “Protecting privacy doesn’t need to mean scuttling a security measure. Most people concerned about the privacy implications of government surveillance aren’t arguing for no[sic] surveillance and absolute privacy. They’d be fine giving up some privacy as long as appropriate controls, limitations, oversight and accountability mechanisms were in place.”(“5 Myths about Privacy”)
The intention of this essay is to explain the process of law reform within the English legal system. The way in which the activity of parliament and that of the judiciary affects the way in which laws are reformed in the UK will be also discussed. The common law system in the UK means that the UK's primary legal principles have been developed by the judiciary rather than by parliament. However, as parliamentary sovereignty is an important key principle of the UK constitution parliament is the supreme legal authority in the UK. Parliament can create, change or repeal any law and generally speaking the judiciary cannot overrule legislation that has been passed by parliament.
As technology as advanced, so has our society. We are able to accomplish many tasks much easier, faster, and in effective ways. However, if looked at the harmful impact it has had on the society, one can realize that these are severe and really negative. One of the main concerns is privacy rights. Many people want that their information and personal data be kept in secrecy, however with today’s technology, privacy is almost impossible. No matter how hard one tries, information being leaked through technological advancements have become more and more common. With personal information being leaked, one does not know exactly how the information will be used, which validates the statement that privacy rights have been diminishing and should be brought to concern. Many people do not realize that their information is being used by third-parties and to consumer companies. In conclusion, technology has had a significant effect on privacy
Law is a tool in society as it helps to maintain social control, promoting social justice. The way law functions in society and its social institution provide a mechanism for solutions. There are many different theories of the function of law in relation to society in considering the insight they bring to different socio-legal and criminological problems. In the discussion of law’s role in social theory, Leon Petrażycki and Eugen Ehrlich share similar beliefs in the jurisprudence of society. They focused their work on the experience of individuals in establishing meaning in their legal relations with others based on the question of what it means to be a participant in law. Jürgen Habermas presents a relationship between law and morality. From a certain standpoint, law is a key steering mechanism in society as it plays an educational role in promoting conducts, a mean of communication and it
According to Reference.com (2007), law is defined as: "rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct." Essentially law is the rules and regulations that aid in governing conduct, handling disputes, and dealing with criminal actions.
The consistent use of information and communication technology (ICT) in modern world enables us for countless opportunities for individuals, institutions, business organisations and scientists, but it also raises difficult ethical and legal problems. In particular, ICT helped to make societies more complex and thus even harder to understand. The use of ICT has led to changes in concepts: ownership, buying and selling, right to possession, theft, justice in the distribution of resources and access rights. During the nineties, the internet has grown into all business segments resulting in a large number of questions running. It has been noted that during those time period there has been merging of computers, telecommunications, and media which is further emphasized by the emergence of new issues and strengthening old ones.
Socio-legal is the combination of social and legal factors, mainly looking at the relationship between law and society . In this project, as law students, we must use our legal knowledge and skills in order to work well as a team to plan and carry out events for schools and colleges. The socio-legal role is to use our knowledge and expertise as law students and put them in to action by planning and undertaking successful events. This can be done in a variety of ways, but the main function is to be able to work well as a team/committee in order to gain the best outcome. Dr. Meredith Belbin is famously known for his team role theory where he looks at the different types of people and how they are effective in working in groups/teams. By looking at Dr. Belbin’s research and theory, I can come to a conclusion as to what is needed in order to work effectively as a team.