Law and Society

Question 1

What is the definition of society?

Answer 1

A group of people sharing the same geographical area. They are governed by the same laws and culture

Question 2

What is a pluralistic society?

Answer 2

A society which does not share the same beliefs etc.

Question 3

Is the UK a pluralistic society?

Answer 3

Yes

Question 4

What are social norms?

Answer 4

Common behaviours/expectations

Question 5

What is an interest?

Answer 5

A claim/ expectation or right

Question 6

What is balancing?

Answer 6

Balancing is looking at the law and finding a solution to reach a decision that is least detrimental to all involved

Question 7

Why is law symbolised by scales?

Answer 7

It summaries that it is the laws job to balance the two sides to achieve a sense of justice.

Question 8

What were the conflict of interest in the case of O v Rhodes and which interest won?

Answer 8

A mother of a psychologically vulnerable 11 year old brought proceedings to secure an injunction to stop the publication of a book written by the child’s father with contained reference to graphic sexual abuse he had suffered. The courts had to balance the rights of the child against the general right of freedom of speech. The fathers rights were deemed more important than the childs.

Question 9

What is an example from criminal law where an individuals right is pitted against the public’s right?

Answer 9

Issue of bail

Question 10

What were the conflicting interests in the case of Beghal v DPP and who won?

Answer 10

She had visited her husband in Paris who was in custody on terrorist charges. She was held and questioned for 9 hours. It was seen as proportionate

Question 11

What were the conflicting interests in Dickson v UK and who won?

Answer 11

Prisoner who was in prison for life for murder wanted to artificially inseminate his wife. The prisoner won.

Question 12

Examples from family law where the courts have had to balance two individuals rights

Answer 12

Adjudicate between parents and children.
Gillick

Question 13

How would a utilitarianist like Bentham argue that the law should balance conflicting interests?

Answer 13

A utilitarian like Bentham would argue that the law should balance conflicting interests to ensure the greatest good for the greatest number. He would therefore argue that the decision in Beghal v DPP achieved justice as more people are protected from terrorist attacks- Mrs Beghal’s individual rights are an acceptable price to pay for the greater good.

Question 14

What is meant by fault?

Answer 14

Fault means blameworthiness and liability ‘legal responsibility’. Generally, in English law, liability is not imposed with consequences unless someone is at fault. This means that they were able to foresee in most circumstances that their conduct would produce detrimental consequences. The area where fault is arguably most relevant is in criminal law. Fault is a combination of four main areas; men’s Rea, Altus reus, sentencing and defences. Liability is generally very much fault based in this area with the clear exception of strict liability.

Question 15

What is the men’s Rea and how does it relate to fault?

Answer 15

Men’s Rea is the mental element of a conduct. This obviously expresses fault with direct intention as in R v Mohan indicating the most serious level of blameworthiness, followed by indirect intention in R v Woolin and then subjective recklessness, R v Cunningham. The obvious exception to this rule is strict liability offences which do not require men’s Rea. The offences are not fault based with the act of committing the offence sufficient even if the person committing the offence had no idea they were committing an offence, as in Harrow v Shah

Question 16

How does sentencing relate to fault?

Answer 16

Sentencing is clearly an area where fault is represented in criminal law. The criminal justice act and sentencing guidelines direct judges and magistrates to take into account aggravating and mitigating factors when sentencing a defendant. Aggravating factors mean the D is more blameworthy, for example, racially aggravated assault and mitigating factors render the defendant less blameworthy, for example expressing genuine remorse.

Question 17

How do defences relate to fault?

Answer 17

Defences also allow for some one to escape liability if they are completely blameless or less blameworthy; for example, someone who has acted in self defence is held to have acted out of necessity and is blameless and is acquitted- R v Gladstone Williams. Some one who is suffering from diminished responsibility when they kill will have their conviction reduced from murder to manslaughter as they are less blameworthy, R v Clarence.

Question 18

What is the Actus Reus and how does it relate to fault?

Answer 18

The AR is the physical element of a crime (the actual conduct). If your actions were completely involuntary then you are not blameworthy and escape criminal liability as in the case of Hill v Baxter. Causation also reflects levels of blameworthiness as the D must have shown to both factually and legally caused the V result.