LAW AND SOCIETY

Question 1

define society. (1)

Answer 1

a society is a group of people with common territory, interactions and culture.

Question 2

what is plurism? (2)

Answer 2

a form of society in which the members of minority groups maintain their independent cultural traditions; their views and practices are accepted by the wider culture provided they are consistent with the laws and values of the wider community.

Question 3

what does a plurist believe? (1)

Answer 3

a plurist believes that the existence of different types of people, beliefs and opinions within a society is a good thing.

Question 4

what is the difference between plurism and multiculturism? (1)

Answer 4

the only way that plurism could develop into multiculturism is if the dominant culture is weakened.

Question 5

what do members of a particular culture seem to do? (1)

Answer 5

members of a particular, culture, religion or immigration group tend to congregate together for comfort and also to preserve cultural identity of their society.

Question 6

where do different societies collide? (1)

Answer 6

some practices that are present in some societies will inevitably offend or contradict the values and beliefs of society as a whole so groups that wish to fit into a plurist society often give up their cultural traditions to fit it.

Question 7

what is an advantage about plurist societies? (2)

Answer 7

in a plurist society groups do not have to give up their traditions (chinese new year) however there are many informal mechanisms such as prejudice and discrimination that prevent involvement in political processes.

Question 8

what did Lord Bingham state about the role of law in society? (2)

Answer 8

“that all persons and authorities within a state, whether public or private, should be bound by and entitled to the benefit of laws publicly and prospectively promulgated and publicly administered in the courts”

Question 9

1ST PRINCIPLE

what did Lord Bingham state the 8 principles of law were? (8)

Answer 9

-the state must abide by both domestic and international law (no government can act on a whim)

Question 10

2ND PRINCIPLE

what did Lord Bingham state the 8 principles of law were? (8)

Answer 10

people should only be punished by crimes set out by the law.

Question 11

3RD PRINCIPLE

what did Lord Bingham state the 8 principles of law were? (8)

Answer 11

-questions on the infringement of rights should be subject to the application of law, not discrimination.

Question 12

4TH PRINCIPLE

what did Lord Bingham state the 8 principles of law were? (8)

Answer 12

-the law should be accessible, clear, precise and open to public scrutiny.

Question 13

5TH PRINCIPLE

what did Lord Bingham state the 8 principles of law were? (8)

Answer 13

-all people should be treated equally.

Question 14

7TH PRINCIPLE

what did Lord Bingham state the 8 principles of law were? (8)

Answer 14

courts must be accessible, affordable and cases should be heard without excessive delay.

Question 15

6TH PRINCIPLE

what did Lord Bingham state the 8 principles of law were? (8)

Answer 15

there must be respect for human rights.

Question 16

8TH PRINCIPLE

what did Lord Bingham state the 8 principles of law were? (8)

Answer 16

the means must be provided for resolving, without prohibitive cost or inordinate delay, bonda fide, disputes which the parties themselves are unable to resolve.

Question 17

what role of law in society arose from the principles set out by Lord Bingham? (3)

Answer 17

-to protect people from harm
-to ensure common good
-to settle arguments and disputes

Question 18

in what way does law protect people from harm? (1)

Answer 18

the mechanism of the criminal justice system - on the other hand miscarriages of justice.

Question 19

in what way does law ensure common good? (1)

Answer 19

by providing facilities such as education and health care - on the other hand the quality of care is not that good.

Question 20

in what way does law settle arguments and disputes? (1)

Answer 20

the civil justice system - on the other hand lack of public funding in civil cases.

Question 21

what is social control? (1)

Answer 21

the ways in which our behaviour, thoughts and appearance are regulated by norms, rules, laws and social structures of society.

Question 22

what are the two forms of social control? (2)

Answer 22

informal and formal.

Question 23

what is informal social control? (1)

Answer 23

occurs through family, peer group, the local community and societal group.

Question 24

what is formal social control? (1)

Answer 24

occurs through specific social agencies which have the role of maintaining order in society (criminal justice system e.g the police)

Question 25

why is formal social control important? (1)

Answer 25

without it there would be a high likelihood of archany.

Question 26

what did Rosco believe? (1)

Answer 26

believed that social control came through law.

Question 27

1ST PRINCIPLE

what principles did Rosco formulate to assist in social and ethical issues? (1)

Answer 27

they identify and explain human claims, demands or interests of a given social order.

Question 28

2ND PRINCIPLE

what principles did Rosco formulate to assist in social and ethical issues? (1)

Answer 28

they express what the majority of individuals in a given society want the law to do.

Question 29

3RD PRINCIPLE

what principles did Rosco formulate to assist in social and ethical issues? (1)

Answer 29

they guide the courts in applying the law

Question 30

why are some areas of law confusing? (1)

Answer 30

-killing another is wrong except in war
-law on suicide (legal) assisted suicide (illegal) - prosecutors apply public interest
-jury system.

Question 31

why does the jury system come under an advantage and disadvantage? (2)

Answer 31

the assumption is made that jurors will come to an understanding that would be acceptable to a reasonable man (women were not seen to be reasonable - that has since changed) but just because the law recognises inequality does not mean it enforces it.

Question 32

what are the competing interests in the criminal system vs the individual? (1)

Answer 32

defences such as insanity and loss of control in issue.

Question 33

what are the competing interests in tort law? (1)

Answer 33

balance between the victim and tortfeasor (viewed through damages)

Question 34

what is the first question you must ask yourself when considering balance and competing interests? (1)

Answer 34

what interests can be indentified?

Question 35

what is the second question you must ask yourself when considering balance and competing interests? (1)

Answer 35

what is the conflict between these interests?

Question 36

what is the third question you must ask yourself when considering balance and competing interests? (1)

Answer 36

what is the legal mechanism by which the conflict is mediated?