1.2 Flashcards
name some laws that change from culture to culture
polygamy
adultery
jaywalking
cannabis
describe polygamy in terms of how it changes across cultures and places.
the practice of having more than one wife or husband at the same time
polygyny: where a man has 2 or more wives
polyandry: where a women has 2 or more husbands
where is it legal?
- polygyny legal in 58 countries, while polyandry is confined to a handful of societies, mainly in the Himalayas.
- most societies where polygyny is legal are muslim/majority countries.
- in 5 multi-cultural societies with a large muslim pop (e.g. India, Malaysia, Sri Lanka) the law permits polygamous marriages, but for muslims only.
where is it a crime?
- against the law in most countries.
- even many muslim countries place restrictions on it and in two - Turkey and Tunisia - it’s a crime.
- in the UK, anyone who goes through a marriage ceremony whilst they are still married to someone else is committing the crime of bigamy - this is punishable by up to 7 years imprisonment, fine or both.
give reasons why polygamy varies between cultures/places.
religion
- The Qur’an permits muslim men to take up to four wives and this is reflected in the laws of most Muslim-minority countries.
- in the USA, the Mormon church practised polygamy until 1890, and it continues to be practised illegally by some fundamentalist Mormon groups.
tradition
- Polygamy has traditionally been practised in some African societies, though it has declined sharply in recent decades.
describe adultery in terms of it changing from culture to culture/ place.
a sexual act with someone other than your husband or wife.
what counts as a sexual act may vary between diff cultures.
where is it legal?
- in most countries, including the UK, adultery isn’t against the law.
- in India it ceased to be a crime in 2018
where is it a crime?
- most societies that criminalise adultery are muslim-majority countries, though several christian-majority countries in Africa make adultery a criminal offence, as do the Philippines, Taiwan and 21 US states.
- punishment varies - from stoning to death to caning (e.g. Indonesia and Malaysia) to a fine (USA)
describe reasons as to why adultery changes between cultures/places.
religion
- just religions condemn adultery.
- one of the 10 commandments is “you shall not commit adultery” - shared by christianity, Islam and Judaism.
- in societies where law making has been strongly influenced by religion, adultery has often been made a crime
the position of women
- laws against adultery are often found in societies where women are in a subordinate (lower rank) position. - usually the adultery laws in these societies are themselves unequal
describe how cannabis changes from culture to culture
laws on cannabis are very different between societies.
where is it legal?
- some places had legalised possession for personal recreational or medical use. others have also legalised its sale (Canada, Uruguay)
- some counties such as Portugal have decriminalised possession for personal use - meaning it’s been reclassified as misdemeanour, or minor offence. the offender receives a warning rather than a more severe penalty.
where is it a crime?
- in the UK, possession can be punished with up to 5 years imprisonment and supply with 14 years. However, sentences are typically far lighter and possession may only be a fine.
- many other European countries have similar laws relating to cannabis
describe reasons why the laws against cannabis changes between cultures
different norms and values
- the differences in laws in cannabis to some extent reflect differences in norms, values and attitudes between societies.
- societies with a greater emphasis on individual freedoms may see drug use as victimless or as an individuals right to do as they wish with their body.
different ideas about how best to control drug use
- lawmakers in some societies take the view that the best way to prevent drugs causing harm is by taking a tough stance to deter their use. they favour severe criminal punishments even for possession, which they see as a ‘gateway’ drug that can lead to addiction to hard drugs such as heroin.
- lawmakers in other societies see legalisation as a way to take cannabis out of the hands of criminal suppliers and to reduce the harm by enabling users to get help for their problems.
describe homosexuality in terms of it changing between cultures/places
sexual acts between members of the same sex
where is it legal?
- UK, Europe and North and South America
- although it is a crime in many muslim countries, in Indonesia (worlds largest muslim state by pop) it is legal.
where is it a crime?
- male homosexually is illegal in 72 countries and in 45 so are lesbian relationships.
- in 6 countries, conviction can result in the death penalty (Saudi Arabia, Iran)
- some countries such as Russia, it’s not illegal but the law bans it’s promotion.
- many countries that don’t criminalise it still don’t allow them to marry or adopt
describe reasons why homosexuality changes between culture/ place
religion
- many religion, including christianity, Islam and Judaism have traditionally condemned homosexuality.
- countries where religion has a strong influence over law making are more lindy to have laws against homosexuality.
public opinion
- pills bf the Pew research venture show higher levels of support for bans on homosexuality in some countries. some of these are countries where religion has a strong influence (e.g. 95% in Egypt believed homosexuality should be rejected) but others such as Russia didn’t
sexism
- the fact that male homosexuality is a crime in more countries than lesbianism is, may be due to sexist assumptions by male lawmakers that women were incapable of same sex attraction.
name some laws that have changed over time
- homosexuality
- drug laws
- gun control laws
- laws relating to children
- laws concerning physical punishment
describe how homosexuality has changed over time
UK
-all homosexual acts between men were made a crime in 1885, with a max sentence of life imprisonment.
- homosexual acts between males aged 21 or over were legalised in England and wales in 1967.
- age of consent was reduced to 18 in 1994 and then equalised with
- heterosexuals at 16 in 2000.
- lesbian acts had never been legalised.
- British introduced a law against homosexuality in India in 1861
since 2018, it’s no longer a crime in India
describe reasons why homosexuality changed over time.
the Wolfenden Report
- after WW2, there was an increase in prosecution of gay men and by 1954, over 1000 were in prison.
Following several trials of well known figures, the governing set up a committee under Wolfenden.
they published a report recommending that homosexual acts in private between consenting adults over 21 be legalised.
campaigns
homosexual law reform society successfully campaigned for the change in the law that legalised gay sex in 1967z further campaigns -e.g. stonewall led to equalising the age of consent to 16
human rights
In India, the main reason for the change in law was the decision of the supreme court that the state has no right to control citizens’ private lives.
^in UK this concern of human rights also underlines the change
describe how gun control laws have changed over time
UK
lass governing access to firearms changes following 2 mass shootings:
- in 1987, Micheal Ryan, shot and killed 16 people in Hungerford.
- in 1996, 16 children and one teacher were shot dead at Dunblane primary school in Scotland bf Thomas Hamilton
most of the weapons used, including several guns were legally held.
led to the firearms act in 1997 - banning the private possession of handguns in Britain.
describe the reasons why the gun laws changed
main reason was the public outcry following the shootings. also, 2 important campaigns helped to press for a change in the law:
- the gun control network (set up by lawyers, academics and parents of victims to campaign for tighter gun control laws)
- the snowdrop campaign (started by Dunblane parents and their friends - organised a petition and collected 750,000 signatures calling for a change in the law.
describe how laws concerning physical punishment have changed over time
in the past, physical punishment for criminal behaviour was common. criminals could be punished by:
-
capital punishment
execution by handing, not only for murder but for less serious crimes -e.g. the 1723 Black act made over 50 offences such as theft into capital crimes -
corporal punishment
includes flogging, birching, branding and put in the stocks.
over time the number of offences carrying the death penalty was reduced until it remained only for murder and treason. capital punishment was abolished in 1969.
corporal punishment abolished in 1967
