Law and Society

Question 1

What is the Structure for Law and Society?

Answer 1

1. Intro
2. What is law, society and the role of law in society?
3. How does Society Influence the Law?
4. How does the law influence society?
5. Consensus v Conflict
6. Left v Right Realism
7. Conclusion

Question 2

What is the law? [2]

Answer 2

• The law comes from rules and has sanctions for if a rule is broken
• Fuller - the purpose of the law is to achieve social order, done through rules that control behaviour

Question 3

What is Society? [2]

Answer 3

• Society is a group of people with common traditions, interests and institutions
• Lord Bingham set out principles that the state and judiciary must follow, they include people should be punished for crimes and everyone should be treated equally

Question 4

What is the role of Law in Society? [2]

Answer 4

To control our behaviour, which is done through social control mechanisms

Question 5

How has society’s views on Drink Driving influenced the law? [3]

Answer 5

• 1930 Road Traffic Act made it illegal to drive whilst under the influence of alcohol
• Scotland has since made its rules even tighter (50mg/100ml) as society changing
• Laws have become stricter and stricter as society has begun to disapprove of it more and more
• Link Q

Question 6

How has society’s views on Homosexuality influenced the law? [3]

Answer 6

• 1500’s homosexual acts punishable by death
• 1957 Wolfenden Report said the law should not infringe on a persons morality and rights, recommended homosexual acts between consenting males by legalised
• No longer seen as a crime, society is more accepting and inclusive
• Link Q

Question 7

Roscoe Pound [4]

Answer 7

• Roscoe Pound made a list of social-ethical principles which express what the majority of individuals in society want the law to do. And they guide the courts in applying the law.

Question 8

How does Criminal Law influence society? [4]

Answer 8

• The amount of force homeowner can use during burglary was realigned in 2013 (Crime and Courts Act) to allow householders to use disproportionate force.
• Influences society as homeowners will use more force to protect themselves and their families
• Deters criminals from committing burglary
• Link Q

Question 9

How does Contract Law influence society? [4]

Answer 9

• The court tries to “balance the interests of businesses in society with the rights of an ordinary person”
• E.g. through implied exclusion clauses which prevent a business mistreating customers
• Link Q

Question 10

How does Tort law influence society? [4]

Answer 10

• Before Robinson it was harder to hold public authorities accountable/liable for their actions but now owe a DOC and can be sued
• Improves treatment from the police and public health and safety
• Link Q

Question 11

What is the Consensus theory? [5]

Answer 11

• Requires society to agree about what laws are needed
• Durkheim proposed ‘collective conscience’ which is achieved when society agrees on social norms
• E.g. The law is democratic, vote MP’s, legislative process ensures democracy, jury must be unanimous or far majority
• Link Q

Question 12

What is Conflict theory?

Answer 12

• Marx said there is constant conflict for resources in society. Capitalism has created social inequality where the law treats elements of society differently based on class, gender, race and disability
• E.g. corporate crime is not seen as deviant compared to crime committed by people in lower classes
• E.g. White collar crimes are treated more leniently because they are less visible to the public and often difficult to identify the victim
• E.g. Mags = unrepresentative 5% BAME, half 50+, 75% oxbrigde/priv education
• Link Q

Question 13

What is Left Realism? [6]

Answer 13

• Crime is caused by relative deprivation - social inequality forces people towards crime
• The criminal justice system has little impact on reducing crime, instead the police and probation should support each other at a local level
• Link Q

Question 14

What is Right Realism? [6]

Answer 14

• Blames crime on instant gratification, low impulse control and self-expression
• Favours tough policing, harsher punishments, longer prison sentences and increased surveillance
• Link Q

Question 15

Conclusion - link Q

Answer 15

• Many philosophers have written theories about balancing interests in society
• Everyone has their own interests and some cannot be exercised without affecting others, so the law allows some interests at the expense of others.