What is ‘legal consciousness’? How can a consideration of ‘legal consciousness’ assist in analyzing the relationship between law, society and individuals? Draw on contemporary and historical examples to illustrate your discussion.
Our interactions within the law and society may be described as acts of legal consciousness. The term 'legal consciousness' is used to describe an understanding of the law, society, and ones place within. This awareness is informed by, and informs our societal interaction at both a group and individual level. It is my strong belief, that through critical reflection of our legal consciousness, we are empowered with the ability to influence and analyze the role of law and its effectiveness within society. Legal consciousness is both a form of scrutiny and a device of law. It is the basis for the formation of opinions on some of the more difficult ethical or moral questions posed, such as; abortion and euthanasia.
Abortion in Australia has been a highly contested topic, the law surrounding which differs greatly in each state�. By reflecting upon this issues passage through time, we are given an apt example of a change in legal consciousness, and its ability to bring about reform. The nature of abortion brings with it extremist views, split into two fairly distinctive perspectives commonly labeled as 'pro-choice' and 'pro-life'. Each of these perspectives are formed by members own sense of legal consciousness. The debate on abortion centers on the moral issue of the sanctity of life and ones ability to remove it, against the liberal right to choose what is best for ones self. The legal, ethical and moral questions surrounding abortion have been prevalent throughout Victorian history.
The first landmark ruling involving abortion occurred in the Victorian Supreme Court in 1969. This was what is referred to as 'the Menhennitt ruling', which established what was meant under the Crimes Act (1958), by interpreting the term 'unlawfully' as providing a basis that some abortions could be considered lawful. It was through this that Justice Menhennitt resolved that there were predominately two factors to consider in order for abortion to be deemed lawful. These were 'necessity'
Abortion in Australia has been a highly contested topic, the law surrounding which differs greatly in each state�. By reflecting upon this issues passage through time, we are given an apt example of a change in legal consciousness, and its ability to bring about reform. The nature of abortion brings with it extremist views, split into two fairly distinctive perspectives commonly labeled as 'pro-choice' and 'pro-life'. Each of these perspectives are formed by members own sense of legal consciousness. The debate on abortion centers on the moral issue of the sanctity of life and ones ability to remove it, against the liberal right to choose what is best for ones self. The legal, ethical and moral questions surrounding abortion have been prevalent throughout Victorian history.
The first landmark ruling involving abortion occurred in the Victorian Supreme Court in 1969. This was what is referred to as 'the Menhennitt ruling', which established what was meant under the Crimes Act (1958), by interpreting the term 'unlawfully' as providing a basis that some abortions could be considered lawful. It was through this that Justice Menhennitt resolved that there were predominately two factors to consider in order for abortion to be deemed lawful. These were 'necessity'
Bibliography: Bettsby, K, 'Attitudes to Abortion in Australia: 1972 to 1980 ' _People and Place_, Vol. 12, No. 4, 2004. Horrigan, B, _Adventures in Law & Justice: exploring the big legal questions in Everyday Life_, Lawbook Company, Sydney, 2003 Merry, S E, 'Culture, Power and Discourse of Law ', _New York School Law Review_, Vol.2, 1997 Roy Morgan Research, _Almost Two-Thirds of Australians Approve of Abortion_, Roy Morgan Research, Melbourne, Victoria, 1998. � As cited by K Betts, 'Attitudes to Abortion in Australia: 1972 to 1980 ' People and Place, Vol. 12, No. 4, 2004, pp. 23. � M Thornton, (ed), 'Chapter One: The Cartography of Public and Private ', Public and Private: Feminist Legal Debates, Oxford University Press, Melbourne, 1995, pp. 2-3. � Roy Morgan Research, Almost Two-Thirds of Australians Approve of Abortion, Melbourne, Victoria, 1998. � As cited by Cica, loc.cit � Report on the Inquiry into the Rights of the Terminally Ill (Euthanasia Laws Repeal) Bill 2008, Standing Committee on Legal and Constitutional Affairs, Canberra, 2008