Law and society Flashcards
Interaction
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
Significance
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
Example in contract
One example of this is misrepresentation, which aims to ensure that people are less likely to make false statements
Social control
) 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
Issue
One issue of law and society is that the law can be slow to keep up with societal change, leading to outdated and therefore potentially unjust laws
Roscoe pound
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
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
Laissez-faire
The laissez-faire principles behind contract law come from the Judeo-Christian values which dominated society and therefore the lawmaking in the UK
Overall positive
Positives of the interaction of law and society are that it is able to deter behaviour that is deemed as negative
However
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
