balancing conflicting interests

Question 1

intro

Answer 1

• always have conflicting interests in law and law should ensure all interests are balanced
  -if a claimant suffers loss their interest is in receiving compensation, defendant doesn’t want to be liable for something they did not cause
  -law must balance these conflicting interests to produce a just result

Question 2

karl marx

Answer 2

-only way to achieve justice and fairness it to balance conflicting interests in society, if not balanced society will be oppressive

Question 3

jeremy bentham

Answer 3

principle of maximising human happiness and diminishing pain, maximum happiness only achievable by balancing the different interests in society

Question 4

Von Jhering

Answer 4

society needs law to regulate conflicts that would arise between different interests argues law acts as a mediator between these interests

Question 5

Roscoe Pound

Answer 5

law is an engineering tool which engineers a balance between conflicting interests to achieve social cohesion, public interests should never be balanced with private as public always prevail