law and society Flashcards
1)
The law and society interact in such a way that law attempts to control society through regulation, requiring a clear set of laws that are freely and accessible to all.
2)
The significance of this is that law is set out in accordance with public policy and is used as a mechanism of societal control
3)
One example of this is misrepresentation, which aims to ensure that people are less likely to make false statements.
4)
Social control prevents the likelihood of anarchy, which could negatively impact those less able to protect themselves such as children or those that are disabled.
5)
One issue of law and society is that the law can be slow to keep up with societal change, leading to outdated and therefore potentially unjust laws.
6)
Powerful informal mechanisms, such as prejudice, discrimination or inequality, have the potential to withhold certain groups from the judiciary and political process which means that the law may not reflect the view of all in society, but just the views of those in power.
7)
Roscoe Pound’s 1942 book, Social Control Through Law, states that claims, demands and desires can guide courts, explain human given social order and express what individuals want the law to do.
8)
Due to the decline of religious and family institutions, law has become the paramount agency of social control, meaning these claims, demands and desires have greater impact.
9)
Positives of the interaction of law and society are that it is able to deter behaviour that is deemed as negative.