Law and Society Flashcards
What is the primary role of law in society?
Mechanism of social control
Law comprises rules for keeping order in all societies, developed from accepted behaviors.
How do individuals submit to rules?
Voluntarily or enforceably
Individuals may submit to rules voluntarily (moral rules) or must follow them as they are enforceable (laws).
What is the aim of criminal law?
Maintain law and order
The aim includes punishing offenders and protecting society.
What does civil law uphold?
Rights of individuals and organizations
Courts can order compensation to restore parties to their original position after rights violations.
Define rights/interests in the context of law.
Principles of fundamental importance
Defined by Rudolf von Jhering and Roscoe Pound as important to individuals and/or states.
List some examples of individuals’ interests.
- Survival
- Privacy
- Safety
- Healthcare
- Freedom
- Education
- Justice
Many of these areas are associated with human rights law.
What are the state’s interests?
- Physical security
- Financial security
The state’s interests are generally less complex than individuals’ interests.
When do interests typically conflict?
Individuals vs. other individuals or the state
Example: A starving man may steal bread; a suspected terrorist’s freedom conflicts with state security.
How are conflicts between individuals’ interests generally resolved?
By substantive laws
Example: The law regarding theft addresses conflicts between individuals.
How does the law handle conflicts between individual and state interests?
By procedural laws
Example: The Terrorism Act 2006 allows police to hold a suspected terrorist for up to 14 days without charge.
Who devised the concept of utilitarianism?
Jeremy Bentham devised the concept of utilitarianism, also known as the ‘greatest happiness principle.’
What were some of Bentham’s key ideas?
Bentham’s ideas included freedom of expression, equal rights for women, the right to divorce, decriminalising homosexual acts, abolition of slavery, the death penalty, physical punishment, and early advocacy of animal rights.
What did Bentham think about natural law?
Bentham opposed the idea of natural law (‘God-given’ in origin), calling it ‘nonsense upon stilts.’
What concept did Rudolf von Jhering explore?
Rudolf von Jhering explored the ‘struggle for law’ and conceived jurisprudence as a science for advancing moral and social interests.
What is Roscoe Pound associated with?
Roscoe Pound is associated with social engineering, emphasising the importance of social relationships in law development.
What did Pound state about lawmakers?
Pound stated that a lawmaker acts as a social engineer, solving societal problems using law as a tool.
What is Miller v Jackson (1977) an example of?
Miller v Jackson (1977) is an example of conflict of individual rights between a cricket club and its neighbours wanting to stop balls from flying into their gardens.
What conflict is shown in Evans v UK (2006)?
Evans v UK (2006) shows individuals’ conflicting rights over the destruction of embryos created from them. Both parties had to consent as Mr Johnston would have obligations if child was born that he did not consent to.
What is the significance of DPP v Majewski (1976)?
DPP v Majewski (1976) restricts the use of the ‘defence’ of intoxication for policy reasons. He assaulted several people so the mens rea was satisfied by reckless behaviour of intoxicating oneself.
What are key areas of substantive and procedural law?
Key areas include nuisance, bail, treatment of suspects by police, criminal trial process, automatic disclosure of criminal convictions, cautions, consent, and intoxication.
