Law and Society Flashcards
1
Q
What is Society?
A
- A society is a group of people with common territory, interaction and culture.
- There is many individuals in society who share different aspects of their culture
- Members of a society will not have the exact same culture
- Society is complex and has different groups within society
2
Q
What is pluralism?
A
- A type of society in which the members of the minority group maintain their independent cultural identity
- Pluralism has a dominant culture but allows smaller groups to keep customs as beliefs if they are consistent with the laws and wider values
- If the dominant culture is weakened, societies become multiculturalism. If cultures function separately from each other, they are not pluralistic
3
Q
How does culture impact society?
A
- People with shared characteristics congregate together to protect their cultural identity
- Some practices are common in some cultures however some contradict and offend
- Groups seeking to become part of the pluralist society often have to assimilate to fit in
- Informal mechanisms such as prejudice and discrimination keep groups of political processes and prevent free expression
4
Q
How does law control society?
A
- We need a transparent legal system for the rule of law to be successful.
- Law attempts to control society through regulation which requires laws to be freely and easily accessible by all, strongly enforced and independent judiciary to protect citizens
5
Q
What are the principles of the rule of law and society?
A
- The state must abide by domestic and intentional law ensuring no government acts on a whim
- People should only be punished for crimes set out by law
- Infringement of rights should be based on the application of the law and not discretion
- The law should be accessible, clear and open to public scrutiny
- All people should be treated equally
- There must be respect for human rights
- Courts must be accessible, affordable and heard without delay
- Means must be provided for resolving within expensive cost, delay or an inability to resolve themselves
6
Q
What is the role of law in society?
A
- To protect people from harm
- To ensure a common good
- To settle arguments and disputes
- These roles result in regulating and controlling society to balance interests in society. This highlights the importance of fault in society
7
Q
What is social control?
A
- There is informal and formal social control
- Social control prevents anarchy as people are protected even if they cannot protect themselves
- Informal social control is the family and peers
- Formal Social control is agencies such as the police and CJS
8
Q
What does Roscoe Pound argue about social control?
A
- Roscoe argues that subject matter of law involves examining manifestations of human nature which requires social control to assert individual expectations
- We are making more laws due to the decline of family influence therefore law exerts greater countrol
9
Q
What are the three socio-ethical principles that Roscoe found?
A
- They identify and explain human claims or interests of a given social order
- They express what the majority of individuals in society want the law to do
- They guide the courts in applying the law
10
Q
How does social control impact law?
A
- Social control entails rules of behaviour that should be followed
- Some fall under the realm of good manners
- Some are compulsory and defined by law therefore not optional
11
Q
Is prosecution balanced by public interest?
A
- Prosecution will take place unless there is enough public interest against it such as assisted suicide when a person has helped someone voluntarily end their life through compassion
12
Q
What is societies involvement in law?
A
- There is lots of debate about the interpretation of the law as most societies settle cases in a manner agreed by the community such as evidence and fault
- The jury system act as a reasonable man and decide whether the person is guilty
13
Q
What is the balance required between public and private law?
A
- This considers how law deals with competing interests such as defences in criminal law
- They must consider what are the interests identified, what is the conflict between these interests and what is the legal mechanism which the conflict is mediated?
14
Q
What interests are identified in contract law?
A
- The court has to deal with two innocent parties in a contract, this is categorised in the CRA2015
- The state wants to ensure different interests are served in a way that encourages a thriving economy.
- ## Conflict arises when the stronger party wants to dictate terms of the contract which is seen in written terms
