Technology:
One reason why laws may need to change is due to the progressive nature of technology. As technology is continually developed, with that comes features which may be used in a harmful manner to society. As technology's capability is being grows, the law should be changed and adapted to remain relevant and purposeful. An example of this is the Summary Offences Amendment (2007) as a result of mobile phones equiped with cameras being used as an 'upskirting' device alongside 'online piracy' laws. This legislation was changed to make this actions illegal and protect victims. Changing Expectations of the Legal System:
Another reason why laws may need to change is due to the change expectations towards our legal system. Years ago, laws were expected to regulate behaviour however people now expect the law to uphold individual rights as well as protect people from harm. As such, the law has needed to take a more active role to ensure that it remains relevant. Examples of these include online defamation, duty of care and negligence. |
Changing community values:
Another reason why laws may need to change is due to changing community values. Values across society changes over time. What people in society may consider important and relevant within one generation may alter over a transitional period of time. In order to remain relevant, the law must uphold and reflect the values and beliefs of society in the present time. For example, people's perspective revolving around issues such as Abortion (2004) have changed over time as well as the detrimental health impacts of smoking and passive smoking. As such, laws have been amended or introduced to reflect the changing values within the community for example the legalisation of abortion and the banning of smoking in pubs/clubs and in cars with minors. Changing community awareness:
Another reason why laws may need to change is due to changing community awareness. As a national community, we are much more informed today and aware of relevant issues largely due to the speed and efficiency of communication. As informed citizens, we put pressure on law makers to amend or introduce legislation in areas that we believe need to change. For example, Brodie's law was introduced in 2011 after a teenager ended her life due to bullying at a café where she worked. This law now makes it a serious crime (punishable by up to 10 years) to bully others in the workplace and holds spreads the responsibility of ending bullying. |
Demonstrations:
One method individuals and groups may use to change the law is through demonstrations. Demonstrations can take a variety of forms such as protests and rallies and essentially involve the gathering of people, usually in a public place, to show united support towards a particular cause or issue. A strength of demonstrations is that it will very likely draw attention to the cause. As demonstrations tend to take place in public places, it is very easy to gain people's attention and awareness of a particular issue. If the demonstration is large enough, it will also gain media attention and further distribute the message to the wider community. On the other hand, demonstrations can usually get disruptive and violent very quickly. When this occurs, it may gain adverse (negative) media attention which in return, can mean a backlash from the community towards the cause. An example of this is the demonstration held by taxi drivers in Melbourne. Although many were sympathetic to their plight in being safe in the workplace, their disruptive action meant that a large number of people did not give their support. |
Petitions
Another method to change the law is through organising a petition. A petition is a formal written document that involves a collection of signatures to demonstrate their support towards a particualr issue. Here, the petition must be presented to a member of parliament in order to be tabled into parliament for discussion. A strength of petitions is that it is generally easy to obtain signatures. This is also a cost effective and peaceful means of gathering support towards an issue. On the other hand, there is no requirement for parliament to take the issue on the petition any further if it chooses not to therefore limiting its effectiveness. Furthermore, the number of signatures required to obtain a petition that will likely draw parliament's attention can be very time consuming. Media:
Another method to change the law is through using the media. The media is a very broad and prevelant mechanism and can involve taking action such as writting a lettter to the editor in hope that it will be published in the newspaper. A strength of writting a letter to the editor is that anyone can do this in order to express their point of view. If the letter does get published, it will likely receive a very large audience due to the pervasiveness of the media. On the other hand, writting to the editor does not guarantee that it will be published. If it does not get published, its effectiveness is highly hindered. Another aspect to consider is that opinions published by the media only reflect a minority and not necessarily represent the majority of the community's views. The media may also edit and change certain aspects of a writter's letters, taking away from the author's opinion and not truly reflecting their point. |