Balancing Conflicting Interests Flashcards
Theorist 1: Karl Marx - what was his theory?
THE ONLY WAY TO ACHIEVE JUSTICE AND FAIRNESS IS TO BALANCE CONFLICTING INTERESTS IN SOCIETY - IF NOT, SOCIETY WILL BE OPPRESSIVE
Theorist 2: Jeremy Bentham - what was his theory?
THE PRINCIPLE OF MAXIMISING HUMAN HAPPINESS AND DIMIISHING PAIN. CAN ONLY TAKE PLACE BY BALANCING THE DIFFERENT INTERESTS THAT EXIST IN SOCIETY.
Theorist 3: Von Jhering - what was his theory?
SOCIETY NEEDS LAW TO REGULATE CONFLICTS THAT WOULD ARISE BETWEEN DIFFERENT INTERESTS AND THE LAW ACTS AS A MEDIATOR BETWEEN THESE VARIOUS COMPETING INTERESTS
Theorist 4: Roscoe Pound - what was his theory?
LAW IS AN ENGINEERING TOOL TO ENGINEER A BALANCE BETWEEN CONFLICTING INTERESTS WHICH WILL ACHIEVE SOCIAL COHESION. PRIVATE INTERESTS SHOULD NEVER BE BALANCED AGAINST PUBLIC INTERESTS AND VICE VERSA OTHERWISE PUBLIC INTERESTS WOULD ALWAYS PREVAIL
Give an example of this in contract law.
MILLER V JACKSON - public interest prevailed for local community and sporting facilities, private interest of the couple who wanted to enjoy their back garden was dismissed and they received damages instead
Intro for balancing conflicting interests? 3 bullet points
*In Law, there will always be conflicting interests and the law should ensure all interests and considered and balanced
*Rights, obligations and expectations of all parties should be considered and managed to achieve a just result
*eg claimant suffers a loss their interest is to get compensation, interest of the defendant is to only pay a reasonable amount - balanced conflicting interests
