Law And Society Flashcards
Introduction
Society is a group of people from the same geographical area governed with the same laws and values. They must share the same aspects of culture, such as language, beliefs, values, religion, and behaviours, a pluralist society is made up of different types of people with different views, beliefs and cultures. This requires tolerance from us all
Role of law Society
The role of law refer to the idea that everyone in society agrees to be governed by and follow the laws office Society law shapes are non-values according to lord bingham Law, please for primary rules in society to protect people from home to ensure common good to settle, arguments and disputes to persuade people to do the right thing
Civil disobedience successful change
Gay right activist protested for the age of consent of homosexuals to be lowered to from 21 it was lowered down to 18 in 1994 and lowered down to 16 in 2000
Influence on the media
Stanley cohen wrote a book named folk devils and moral panics his focus was on media sensationalism he stated that when a small part of society is seen as a threat this is is exaggerated in the media this then would lead to a demand that parliament tackle behaviour by making the law stricter or make new law the media can be seen as a tool of the powerful pushing political agenda of a particular party or government this can created a moral panic which can change society
Dangerous dog act 1994
Due to a number of dog attacks and media sensationalism the act was designed to ban and destroy initially 4 breeeds of dogs It this has been updated from 1st of February XL has been added however this led to may safe dogs being destroyed
Law as a social control mechanism
Law can be described as a a mechanism for social control with rules for controlling our behaviour this can be through form or informal mechanism
Roscoe pound stated that human nature requires social control in order for social control to be maintained the courts must balance the conflicting interest that exist eg individual interest and public interest laws primary objective is to create balance and harmony in society and that the law should intervene when these interests conflict
Roscoe pound AO3
P: confusion in the law and areas of law open to interpretation killing can be murder of heroic in times of war
DP: many crimes involve death but only murder has a mandatory life sentence
WDP: this inconsistency creates confusion and disinterest eg sucide is not longer a crime but aiding scie is a carries a 14 year sentence
Criminal law and consent
Can be a complete defence to non fatal offence but the defence is applied strictly the balance the interest of freedom of the individual and protecting society case brown and Wilson
Criminal law and consent AO3
p: it is important for the law to intervene where the public welfare is at risk this is to uphold public policy
DP: allowing consent in brown would result in harm been conducted in private creating a loophole in the law glorifying cruelty
WDP: however this type of social control is an example of social paternalism right to private life may be violated
Tort law negligence claims
The courts must balance the interest of the claimant and the defendant
The way which the law creates and deals with consensus and conflict subheading
Consensus theory- Durkheim
Conflict theory - Marx
Labelling theory - Becker
Consensus theory- Durkheim
Society works because most peacocked ar socialised into shared values through family and education society should be in agreement about what laws are needed which in turn keep society together and controls it social norms are agreed and lead to a collective conscience
Consensus theory- Durkheim
P: is stere
