South 고등학교 2학년 Law and Society

Chapters: 4

1. Private life and law

Family law · Contracts and obligations · Property rights

Family Law: Marriage, Parents and Children – Family law is the part of private (civil) law that deals with marriage, the relationship between spouses, parents and children, divorce, maintenance, guardianship and adoption. In most countries a valid marriage needs two adults who freely agree, are not already married and are not close relatives, and it is registered. Spouses have equal rights and duties. Parents must care for, maintain and educate their children, and every decision about a child follows the principle of the child's best interests. Children without parental care are protected through guardianship, foster care and adoption.
Property Law: Ownership and Property Rights – Ownership is the strongest right a person can have over a thing. It gives three powers: to keep it (possess), to use it and earn from it, and to sell, give away or change it (dispose). Property can be owned privately, jointly, by a cooperative or by the state. The law protects owners, but ownership also has limits: you must not harm others, and the state may take property for a public need if it pays fair compensation.

2. State and law

Rule of law and democracy · Constitutional principles and rights · Criminal law · Courts and the Constitutional Court

Rule of Law – The rule of law means everyone, including the government and its leaders, must follow the same known laws, which are applied equally by fair and independent courts. Its main principles are supremacy of law, equality before the law, clear and public laws, fair trials, protected rights and separation of powers. Laws are made and changed through an open process, can be reviewed by courts against a constitution or charter of rights, and countries also agree to international law through treaties.
Constitution: Why and How? – A constitution is the basic rulebook of a country. It builds trust, says who holds power, limits that power, and states the people's hopes. India's Constitution was written by the Constituent Assembly from 1946 to 1949 through open debate, and it took good ideas from other constitutions, changing them to suit India.
Criminal Law: Crimes, Offences and Defences – Criminal law lists acts the state treats as crimes and sets punishments. Most crimes need two parts: a guilty act (actus reus) and a guilty mind (mens rea). Offences can be against the person (fatal, like murder and manslaughter; non-fatal, like assault) or against property (like theft, robbery, fraud, criminal damage). Trying to commit a crime is itself an offence (attempt). Defences such as self-defence, insanity, duress or being under the age of criminal responsibility can remove or reduce guilt. The accused is presumed innocent; the prosecution must prove guilt beyond reasonable doubt in a fair trial.

3. Social life and law

Workers' rights · Social security law · Modern legal relations and IP

Employment Law: The Rules of Working for Someone – Employment law is the set of rules for the relationship between an employer and an employee. An employment contract exists when a person does work, for pay, under the employer's direction (subordination). Contracts may be permanent, fixed-term, temporary through an agency, part-time or telework; a civil-law or freelance contract is not employment. Employees have rights (at least the minimum wage, limited hours, rest and paid leave, a safe workplace, equal treatment, freedom from harassment) and duties (careful work, following lawful instructions, loyalty, safety rules). Employers can organise work and discipline, within the law. Pay is gross before tax and social insurance and net after; the employer's total cost is higher. Trade unions negotiate collective agreements. A contract ends by resignation, dismissal with a valid reason and fair procedure, mutual agreement or the end of a fixed term.
The Welfare State and Social Security – A welfare state is a state that protects people against the big risks of life: illness, job loss, old age, disability and poverty. It does this with a safety net made of three parts. Social insurance is paid from contributions taken from wages. Social assistance is paid from taxes to people in need. Public services such as schools and hospitals are open to everyone. Countries mix these parts in different ways: liberal (low tax, small help), conservative (help linked to your job) and social-democratic (high tax, help for all). Today welfare states face ageing populations, rising costs, global competition and many informal workers.
Data Protection and Intellectual Property Rights – Intellectual property (IP) is a creation of the mind, such as a story, song, program, invention or logo. Intellectual Property Rights (IPR) give the creator control over its use. Copyright protects creative works (text, music, art, software code) automatically once created; a patent protects a new, useful invention for about 20 years and must be applied for; a trademark protects brand names, logos and slogans. Plagiarism is presenting someone else's work as your own without credit. Infringement is using protected IP without permission (copyright, patent or trademark infringement). Public licences let creators share on their own terms: Creative Commons (BY, SA, NC, ND) for creative works, and software licences such as GPL (copyleft: modified versions must stay open) and Apache (permissive: can be used in closed products with notices).

4. School life and law

Rights of students and youth · School violence and law · Getting legal help

Children's Rights: What Every Child Is Entitled To – A child is every person under 18. Children have all human rights plus special protection, because they are still growing and depend on adults. The main international treaty is the UN Convention on the Rights of the Child (UNCRC), adopted on 20 November 1989, with 54 articles. It has been accepted by 196 states, more than any other human rights treaty. Four guiding principles shape every right: non-discrimination, the best interests of the child, the right to life, survival and development, and respect for the child's views. The rights fall into four groups: survival (life, health, food, clean water), development (education, play, culture, information), protection (from violence, abuse, neglect, exploitation, child labour, trafficking and armed conflict) and participation (to be heard, to express views, to join groups). Parents have the first responsibility; the state must make laws and services (schools, health care, child commissions, courts, helplines). The UN Committee on the Rights of the Child checks how countries keep their promises. At school, students have rights to education, safety, dignity (no physical punishment), fair treatment and a voice, and they also have duties to respect others' rights. Youth protection laws limit harmful work, sale of alcohol and tobacco to minors, online harm, and treat young offenders in special justice systems.
Safety Education: Staying Safe at Home, on the Road and with People – Safety means spotting hazards early and acting before harm happens. Risk = likelihood × harm. Keep exits clear and use stairs in a fire, follow traffic rules and wear a helmet or seat belt, wash hands and use medicine correctly, and in any unsafe situation with a person: say NO, GO away and TELL a trusted adult.