Law and society

Question 1

Interaction

Answer 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

Question 2

Significance

Answer 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, with the main purpose of law in society being that it protects people from harm, that it ensures a common good and that it settles arguments and disputes

Question 3

Example in contract

Answer 3

One example of this is misrepresentation, which aims to ensure that people are less likely to make false statements

Question 4

Social control

Answer 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

Question 5

Issue with contract e.g.

Answer 5

However, the law can be slow and rigid to change to new societal changes, e.g. within the postal rules new rules of acceptance for modern methods of communication were imposed 20 years after telephones were introduced, therefore the law can be slow to change leading to unjust outdated laws.

Question 6

Prejudice and discrimination

Answer 6

Potential informal mechanisms such as prejudice and discrimination can withhold certain groups from expression and political process, meaning the law may not reflect the views and beliefs of the population, only those who hold more social or political power.

Question 7

Roscoe Pound

Answer 7

Roscoe pound book 1942, states that claims demands and desires over lap and can help guide courts as what individuals want the law to do, and due to the decline in religious and family institutions these claims have greater impact

Question 8

Laissez-faire

Answer 8

Laizzaire faire principles behind contract law, arose from judo Christian values, meaning ‘do what you want’, however the decline in these values as nation becomes for multicultural has resulted in law having greater importance leading to legislation such as CRA 2015

Question 9

Overall positive

Answer 9

Positives of the interaction of law and society are that it is able to deter behaviour that is deemed as negative

Question 10

However

Answer 10

However, the law can often be slow to change which can lead to injustice and sometimes resentment at this, as well as the fact that many in society do not hold the same views and the law is often still created by elites in society