Balancing conflicting interests Flashcards
What did Rudolf von Jhering and Roscoe Pound define rights and interest as?
Principles identified by individuals and/or states as being as of fundamental importance
What might an individuals interests include?
Survival Safety Freedom Justice Privacy Healthcare Education
What are the states interests?
Physical security
Financial security
What can individuals conflict with?
Other individuals,
The state
How are conflicts between individual’s interests usually dealt with?
By substantive laws
Who are the key theorists on conflicting interests?
Jeremy Bentham
Roscoe Pound
What did Jeremy Bentham devise the concept of?
Utilitarianism, also known as ‘greatest happiness principle’
What did Jeremy Bentham say about natural law theory?
It was ‘nonsense upon stilts’.
What is Roscoe Pound associated with?
Social engineering and emphasising the importance of social relationships in the development of law.
What did Roscoe Pound state?
That a lawmaker acts as a social engineer by attempting to solve problems in society using law as a tool.
Key cases for balancing competing interests?
Miller v Jackson
Kennaway v Thompson
Miller v Jackson
Cricket club wanted to play cricket, neighbours wanted to stop balls flying into gardens
Kennaway v Thompson
Use of partial injunctions and damages in order to balance the rights of the neighbours and the social interest of sport.
