Law And Society Flashcards
What is pluralism?
Where members of a society do not necessarily have to share every aspect of culture and may even exist as separate societies within the same country
Pluralism allows members of minority groups to maintain their own independent cultural traditions and believes that the existence of these different traditions is a good thing.
Lord Bingham sets out 8 principles for the role of law in society:
- The state must abide by domestic and international law.
- People should only be punished for crimes laid down in law.
- Questions on the infringement of rights must be subject to the law, not discretion.
- The law should be accessible and open to public scrutiny.
- All people should be treated equally.
- Respect human rights.
- Courts to be accessible, affordable and cases should be heard without delay.
- Means to be provided without cost or delay to resolve disputes.
What is Moral Panic
When you have a relatively small problem (incident) which is blown out of proportion by the media and can, in the worst case scenario, lead to persecution of particular groups.
What did Stanley Cohen say about ‘moral panic’?
Stanley Cohen, ‘moral panic’ tends to set in when a group of people are acting in a way that society is not used to and the media tends to overreact.
E.g. moral panic set in after the 7 day party at the Castlemorton Common Festival in May 1992.
This led to the government bringing in the Criminal Justice and Public Order Act in 1994 which clamped down on illegal raves.
Rosco Pound’s basic principles on ‘Social control through law’ (1942)
- To identify and explain human claims, demands or interests of a social order
- To express what the majority want the law to do
- To guide the courts in tallying law
An example of Social control through civil and criminal law
Consent. Judges have different views depending on the circumstances. In Brown (1994), despite all the victims being consenting adults to S&M acts, the defendants were convicted. This was in the public interest. Yet in Wilson (1996), the man who branded his wife on the buttocks (she, having consented) was cleared. This was not in the public interest. Examples of paternalistic decisions in order for social control.
An example of Social control in contract and the law of tort
In contract, law controls the ways in which sectors of society can impose their will and profit from others through legislation like the Consumer Rights Act 2015.
Miller v Jackson (1977) – in favour of this other cricket club where the court again had to balance of the rights of a couple to enjoy their property against the enjoy of the wider community of a valuable recreational activity.
What is the Consensus theory?
in order to achieve a fairer social system, there needs to be cooperation and compromise. Society works best when there is agreement about appropriate behaviour and standards. Institutions that reward positive behaviour and punish negative make a fair social, economic and political system. Durkheim’s theory is that consensus exists within society.
What is the Conflict theory?
perpetual conflict between groups owing to competition for limited resources. Marx, society is in conflict because the wealthy and powerful use any means possible to keep what they have by oppressing the poor and powerless.
What is the labelling theory?
most people commit criminal or deviant acts but only some are caught and punished. Although most of us commit some criminal or deviant acts, we regard other acts as truly criminal and stigmatise those who do them. E.g. stereotyping of BME groups, statistics on stop and search.
What are the recommendations and findings from a House of Commons Select Committee in 2016? (Magistrates)
- Steps to increase diversity amongst magistrates. Whilst 53% are female, there are some benches with no BME magistrates.
- Rebalance the age profile; difficult because of employment commitments. Over half are within ten years of mandatory retirement age. 4% are under 40.
- 4% are disabled (16% of working adults are) and 45% are over state pension age.
What is legal realism?
People should know the most important aspects of the law, that are realistic to know
the law, as needs to be understood, should focus mainly on what is practised in the courts, law offices and police stations rather than acts of parliament and statute law.
Rudolf von Jhering
Law is a means of ordering a society in which there are many competing interests that enquire regulation
Roscoe Pound
Claims or demands or desires seeking legal recognition can be classified in one of the three ways - individual interests, public interests and social interests
Wesley Hohfeld
Distinguished between rights and liberties. He categorised relationships as jural correlatives and jural opposites
