Chapter 10. Law, Rights and Justice

Law is a system of rules enforced by institutions. The rule of law means that everyone, including officials, is subject to laws that are public, stable and fairly applied.

Main legal traditions [28]:

Common law: developed through judicial decisions and precedent (England, the United States, India and many Commonwealth countries).

Civil law: based on comprehensive codes (much of continental Europe, Latin America and parts of Asia and Africa).

Religious and customary law: shape family and community matters in various societies; many countries have mixed systems.

Branches of law: constitutional, criminal, civil (contract, property, tort), administrative, family, labour, commercial and international law.

Court process. In criminal cases, the state prosecutes and the accused is presumed innocent until proved guilty; in civil cases, individuals or organizations resolve disputes, often seeking compensation.

Human rights. The Universal Declaration of Human Rights (1948) sets out rights to life, liberty, equality before the law, education, work and a fair trial, among others [29]. Two binding treaties adopted in 1966 deal with civil and political rights, and with economic, social and cultural rights [30].

Characteristics of human rights: universal, inalienable, indivisible and interdependent.

Justice. Concepts include distributive justice (fair sharing of benefits and burdens), retributive justice (fair punishment), restorative justice (repairing harm) and procedural justice (fair processes) [4][5].

Law and society. Law reflects values and power relations and changes as societies change, for example in areas such as workers’ rights, equality and digital privacy.

Legal information. This book gives general information, not legal advice. For a legal problem, consult a qualified lawyer.

Review: In what year was the Universal Declaration of Human Rights adopted? (Answer: 1948.)