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A Nature Of Law > Law And Society > Flashcards

Law And Society Flashcards

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1
Q

Paragraphs

A

Role of law in society

Fair labelling

Consensus and conflict

Legal relealism

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2
Q

P1
Role Law in society person

A

Lord Bingham

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3
Q

P1
What did lord bingham stated about the role of law

A

Protect public
Promote common good
Resolve disputes
Persuade people to behave in particular way

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4
Q

P1
Protect public

A

Lord Bingham

Retribution in sentencing - custodial sentence out of population

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5
Q

P1
Common good

A

Lord Bingham

NHS
Free education
Emergency Services

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6
Q

P1
Resolve disputes

A

ADR
civil and criminal courts

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7
Q

P1
Persuade people to act in particular way

A

Detterence in sentencing
Liability of being sued

Tax Benefit Of donating to charity

Consequences of breach of contract ensure people follow legal contract and obligations

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8
Q

P1
Society can influence law

A

pass laws to reflect society at elections - abortion act, buldger killers, Nottingham knife crime

Private member bill

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9
Q

P2
Fair labelling theorist

A

Becker

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10
Q

P2
What is fair labelling

A

Labelling people as criminals creates a self for filling prohacy

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11
Q

P2
Fair labelling example

A

S20 can be reckless yet 18 is direct but high labelled as commiting GBH

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12
Q

P2
Issue with labelling in society

A

Prejudice- stop and search -

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13
Q

P2
How are dependent labelled fairly

A

Rehabilitation of offenders act 1974

10 years after indictable offence can sit for jury

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14
Q

P3
Consensus theorist

A

Durkheim

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15
Q

P3
Consensus theory

A

Society works as most people share values
through family and education which creates consensus as people show appropriate and same behaviour

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16
Q

Conflict thorist

A

Marx

17
Q

P3
How is society in state of conflict

A

Society is in constant state of conflict over limited resources

18
Q

P3 conflict theory example

A

Custodial sentence -37,500 - might not send D, hospital orders are more expensive

Limited funding to legal aid - 42% cut

19
Q

P4
Legal realism theorist

A

Holmes

20
Q

P4
What is legal realism

A

True law is not what is in statues but what is actually played out in courts

21
Q

How is there legal realism

A

Statutory interpretation- changes in act to avoid absurd, fill gaps
Lay people - jury and mags - perverse
Judges discretion in sentencing
Common law
Political factors
Obvious as if there was legal realism no lawyers would be needed

22
Q

Side of argument

A

Law DOES reflect society

23
Q

How does legal realism reflect society

A

As law is not what is written in act but what judge and lay people find moral

24
Q

Political factor example

A

Buldger killers tried as adult
Nottingham stabbing

A Nature Of Law (5 decks)

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