Law And Society Flashcards
What is society?
A group of people with common territory, interaction and culture. Does not have to follow formal boundaries.
What can divide societies?
Geographic distance and language barriers
What is pluralism?
A pluralist society is one which there are many different cultures and traditions that all co-exist. It allows members of minority groups to maintain their own independent cultural traditions.
What role does law play in society?
A strong enforcement system and an independent judiciary to protect people from the state, individuals and organisations. Lord Bingham sets out 8 principles for the role of law.
What are Load Bingham’s 8 principles?
1. State must abide by domestic and international law
2. Peoples should only be punished for crimes laid down by the law
3. Questions on the infringement of rights must be subject to the law, not discretion
4. The law should be accessible and open to public scrutiny
5. All people should be treated equally
6. Respect human rights
7. Courts should be accessible, affordable and cases should be heard without delay
8. Means to be provided without cost or delay to resolve disputes
Why does the law exist?
To protect people from harm, ensure common good and persuade people to do the right thing.
Define social control
Ways in which our behaviour, thoughts and appearance are regulated by the norms, rules, laws and social structures of society.
Who wrote a book on social control through the law?
Rosco Pound
What were his book’s 3 principles?
1. Identify and explain human claims, demands, or interests of a given social order.
2. They express what the majority of individuals in a given society want the law to do.
3. They guide the courts in applying the law.
How is social control shown in contract law?
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.
How is social control shown in tort law?
In tort, the questions of social control is addressed in finding an appropriate balance between the rights of the claimant and the defendant.
What are the 3 theories in law and society?
Consensus
Conflict
Labelling
Define consensus theory
In order to achieve a fairer social system, there needs to be cooperation and compromise. Society works best when there is an agreement about appropriate behaviour and standards.
Define conflict theory
Perpetual conflict between groups owing to competition for limited resources
Define labelling theory
Most people commit criminal or deviant acts but only some are caught and punished.
