1.2 How Laws Change Culture To Culture And Circumstamces Flashcards
Polygamy
What is it?
Having more than one husband or wife at the same time. Includes polygyny, polyandry and bigamy
Where is it a crime?
Most countries.
E.g Uganda,UK
Where is it legal?
Mostly only in certain Muslim countries e.g. India, Malaysia, the Philippines, Singapore, Sri Lanka.
Reason:
Religion
The Qu’ran permits Muslim men to take up to 4 wives.
Homosexuality
What is it?
Sexual acts or attraction between members of the same sex
Legal in the uk,USA,Canada
Illegal in India,Saudia Arabia,Yemen
Where is it a crime?
75 countries outlaw male homosexuality. 45 outlaw lesbian activity. Some countries ban promotion of homosexuality e.g. Russia.
Where is it legal?
UK, Europe, North and South America.
4
Reason:
Religion
Many religions condemn homosexuality.
Reason:
Public opinion
Some countries have high levels of support for a ban on homosexuality.
Reason:
Sexism
Male homosexuality being outlawed in more countries may reflect sexist attitudes about women not being able to be attracted to members of the same sex. Religion is main reason as in the bible it states homosexuality is a sin in some countries it’s more against the norm
Adultery
What is it?
A sexual act between two people, one of whom are married to someone else.
2
Where is it a crime?
Many Muslim countries, some Christian African countries, 21 U.S. states.(Pakistan,saudia arabia)
3
Where is it legal?
Most countries, including the UK and India.
4
Reason:
Religion
Many religions condemn adultery - this can influence law-making.
5
Reason:
Women’s position
Many countries where women occupy a subordinate position have unequal laws which forbid adultery.
Canabisis
What is it?
Laws vary widely - in general possession is treated more leniently than growing/supplying
2
Where is it a crime?
UK - an many other European countries
3
Where is it legal?
Legalised for medical use in Canada/some
U.S. states. Decriminalised in Portugal.
4
Reason:
Different norms and values
Societies with greater emphasis on personal freedoms more likely to not see it as a criminal act.
5
Reason:
Different ideas about how to control drug use
Some governments see decriminalisation or legalisation as taking drugs out of the hands of criminals, others see cannabis as a gateway drug and seek to control its use.
Honour crimes
Definition-Crimes where the accused has brought shame on their family.
Can include killings for conduct such as refusing to enter an arranged marriage etc.
Illegal in the uk,Europe,USA
Where is it legal
Just say they take place mostly in South Asia
Why laws varies culture to culture
Such crimes are thought to have originated from tribal customs, where an allegation against a woman can besmirch a family’s reputation.
None of the world’s major religions condone honour crime but they are sometimes justified for religious reasons.
Bigamy
An offence in the UK - being married to more than one person at the same time. Punishable by up to 7 years in prison/fine/both.
Polygyny
When a man has more than one wife at a time.
Polyandry
When a woman has more than one husband at a time.
Social construction
the idea that crime is not an objective concept but rather a product of social processes and interactions, where society defines what constitutes criminal behavior and how it should be dealt with.
Decriminalisation
Decriminalisation is the process of making an act or omission no longer illegal. This often occurs following a change in social attitudes towards an activity which leads to pressure to decriminalise the act
How laws change over time
Capital punishment
punishment is the practise of executing someone for a specific crime after due process, going through the correct legal proceedings or a legal trial.
In the 18th century, there were over 200 offences for which the death penalty could be given. Such crimes included theft and shooting rabbits. Laws were made by the rich to protect themselves. As time progressed, people were given more rights and freedoms and the opportunity to progress in society - hence, some of the reasons for capital punishment faded too.
Eventually it only remained for serious crimes such as murder and treason.
However, if there is a miscarriage of justice and someone was put to death incorrectly, it would be a miscarriage of justice that could not be rectified because the innocent person was now dead.
How laws change prostitution
Prostitution, or the selling of sexual services, is the world’s oldest profession. Prostitution itself is legal, but many of the connected activities are illegal. This includes soliciting in a public place, kerb crawling and owning a brothel.
Society’s views of prostitutes slowly changed from having a stigma attached it the profession (prostitutes were thought to be immoral for having sex for money) to nowadays, where there are calls for it to be decriminalised and properly regulated. The concern is for the safety of the woman.
Society changed its view on prostitution due to a decline in people believing in religion and an increased moral tolerance.
How laws change over time Vagrancy
Views surrounding vagrancy have changed since the 19th century and no longer is it looked upon with disapproval.
Now there is sympathy and concern for the vagrants. There is an acceptance that there are many genuine reasons for homelessness and that it is not connected with laziness or idleness.
How laws change in different places Passion of Canabisis
Possession of Cannabis is an offence and is illegal in England and Wales, but there nave been calls to decriminalise it and allow its use, particularly for medical purposes.
However, in some countries like Uruguay and Canada, it is legal. Within England and Wales, the law is enforced differently, according to the regional police priorities and resources. For instances, Durham constabulary does not prioritise people who grow cannabis plants for personal use; whereas, the police in Cumbria do prosecute for this.
Views on the use of cannabis are different according to place: some countries view it as a recreational drug, while others consider that the medicinal properties should take precedence over its legality.
How laws change over time
Jaywalking how laws change in different places
Jaywalking is where pedestrians cross without regards to traffic regulations, for instance they step out anywhere other than a specified crossing, or without a green light.
Jaywalking is an offence in most urban areas in the USA and Canada, Singapore and Poland. However, in the UK there is no such offence as it is considered personal responsibility to cross the road safely.
FGM how laws change in different t places
Female Genital Mutilation or FGM, is the deliberate mutilation of female genitalia for non-medical reasons. It is usually carried out on girls under the age of 15, prior to them entering into sexual activity, and is illegal in the UK.
It is carried out in many parts of Africa, the Middle East and Asia, and is connected to cultural, religious and social reasons. It is believed it will benefit the girl and preserve her virginity ready for marriage. The law surrounding FGM is different in different places due to the views and understanding of it. In the UK, the painful nature and the potential repercussions and health implications are understood.
Laws apply to different circumstances
The rute of law states that everyone is subject to the law and that is should be appued equaty to all. There are, therefore, few instances of when laws are applied differently. One example is concerned with age.
- The age of criminal responsibility in the UK is 10. This means that a child under the age of 10 cannot be arrested, charged or prosecuted for a criminal offence.
- In Canada, no person can be convicted of an offence committed under the age of 12 years.
- In Bangladesh, this is 9 years old.
- In China, it is generally under 16 years old.
There are occasions when, despite murder taking place with the appropriate actus reus (guilty act) and the mens rea (guilty mind), the law allows an alternative charge of manslaughter to be made. This only happens in specified circumstances, including where the offender is said to have suffered from diminished responsibility or acted under a loss of control.
The stated circumstances act as a partial defence and rather than face a mandatory life sentence, the law allows the charge of manslaughter, where all the sentencing options are open to the judge, These partial defence are only available to the charge of murder. However, there are other defences which show that a person is not guilty of an offence. The defences of consent, self-defence and automatism, if successful mean that a person is not guilty of a crime.
How laws applied different
Self defence
If a person commits an act of violence in self-defence, the punishment may be reduced or avoided altogether.
Example: If someone is attacked and they fight back, they may not be charged with assault.
Diminished responsibility
A person suffering from severe mental illness may receive a reduced sentence or be sent to a hospital instead of prison.
Example: A defendant with schizophrenia may not be given the same sentence as someone without mental illness.
Motive and intent
Courts consider whether a crime was intentional or accidental.
Example: A person who accidentally hits someone with their car will not be charged with murder, but if they did it deliberately, they could face a life sentence.
