5- Law and society Flashcards
Why do we comply with the law?
Because it is a social value
Name the 5 social values which dictate law and it’s effectiveness
Respect for life
Equality
Freedom and tolerance
Protection of the weak
What are the functions of law?
to promote and represent the values and aspiration of a community
To provide a structure for the creation of law in accordance with the wishes of society
To regulate and control the basic activities of humans
To provide a clear statement of behaviours
to provide a basis for the protection of people against behaviour that removes their social and economic freedoms
To provide a formal means of resolving disputes and conflicts
To encourage a culture of respect and observance
What is needed for a law to be effective
It is respected and acknowledged by the community
it applies universally
it has a degree of flexibility
it complements other laws
it is clear in its wording
it can be enforced in a straight forward manner
it provides for appropriate sanctions
What are the two sources of law
Statute laws: laws passed by parliament
Common law: laws that are developed over time by court judges
What is public law?
law designed to protect and regulate key areas of social interaction
examples: criminal law, constitutional law
What is private law?
Law designed to regulate the conduct of individuals with each other
examples: Contract law, torts