nature and foundations of australian law Essay -- essays research pape

The temperament of police force in Australian decree is both complex and dynamic. The type of McBain v Victoria and the historical analysis of the legal response to Indigenous Australians in the 200 years following British colonization informs an understanding of the nature of practice of law in Australian society, while as well as revealing characteristics of Australias constitutional framework.An understanding of the nature of law in Australian society is informed by the McBain v Victoria case, which illustrates the dual function of law as a chronicle of social narrative and personal stories and institutionally as an instrument for social order and dispute resolution. In this case the concept that law operates in different ways at discordant levels shows that law is a fundamental aspect of daily of life in Australian society. It also suggests that law is intertwined with social conflict, changing values and political issues and that despite the legal ideal of autonomy law r eflects these values and is also influenced by them.In McBain v Victoria, the unmated Ms Meldrum sought retrieve to IVF technology treatment from Dr McBain. However, McBain was precluded from treating Meldrum due to legal regulations located in s 8(1) of the Infertility Treatment Act 1995 (Vic) (State Act), which was exclusive in permitting treatment of exactly married women or women living in genuine de facto relationships. The exclusion of unmarried and lesbian women prescribed by the State Act reflects the perceived social value o...