law and society Flashcards
how does the law shape normality and behaviour in society (2)
Law sets the standard of right and wrong in society, punishing what is seen as wrongdoing
Law can also guide morality e.g drink driving laws
how can society influence the law (2)
When society wants to influence laws they can join groups like pressure groups to influence law making, also can do this through voting
Strikes, riots, protests and civil disobedience can also lead to changes in the law
who came up with 4 key roles of law in society
Lord Bingham
what were these 4 key roles
Protect from harm (criminal law, health and safety law)
Ensure a common good (education, nhs)
Settle arguments and disputes (civil justice system)
Persuade people to do the right thing
what ensure laws are upheld and followed by all in society
formal justice procedures e.g we see murderers being punished and therefore don’t riot for justice
what can a change in the law lead to in terms of societys thinking
views and morals of society
what are examples of this
e.g legalising ho,osexuality was originally comtriversial in the 1960s- but society adapted to it
other examples include: drink driving laws, wearing seatbelts
whats a problem with this (with a vague example)
sometimes law cannot keep up with changes in society and can appear slow to adapt (e.g. same sex marriage)
what are the 4 ways society can influence the law
protest
riots
strikes
civil disobedience
protest example and outcome
poll tax protest, poll tax abolished
riots example and protest
London riots 2011, police powers increased- included tracking all involved and harsh punishment for all
strikes example and outcome
junior doctors, strikes lead to equivalent 22% payrise over 2 years
civil disobedience example and outcome
just stop oil, stopped protests as government policy changed
following these actions, what do the law tend to do
react with increased police actions- the rioters in 2011 we saw judges giving harsher sentences to make an example of them.
how may increased police powers be unfair though (real life example comparison)
two men were jailed for four years for using Facebook to incite riots and another was given 18 months for having a stolen TV in his car- disproportionate in the way punishment has been distributed
how can the media have an influence of the joining of the law and society
Giving a voice to minority groups in society which can lead to changes in the law
Can focus on certain issues which then bring them to the attention of the public encouraging changes in the law as MP’s want to be seen to be taking action on issues the public care about
e.g. XL Bully dogs being banned under an addition to Dangerous Dogs Act
how can it push the political agenda of certain parties/government (4)
BBC must remain impartial (although are they?) – but other broadcasters and print media support a specific party
Stories will be reported in different ways (e.g. Brexit front pages)
Leads to public support for a certain issue which can lead to changes in the law
Can also lead to influence over which party gets into power at an election, which will have a big impact on the laws of a country (e.g. 2019 & Brexit)
what is moral panic (worked example to help explain)
Term created by Stan Cohen in a study on mods and rockers in 1972
*Symbolic images of bikers, hairstyles, clothing
*Issues exaggerated by media reports
*Media predicts further issues and paints them as troublemakers
*The public respond to the threat and panic
whats 1 more example of this
Islamic terrorism in 2000’s (media criticized for inciting islamophobia)
what is social control (dont deep it dargy u got this xx)
peace in society that can be controlled in a number of ways
needed as without social control mechanisms society will descend into chaos with continual disruption
they provide predictability and boundaries in which society is expected to act
what are examples of informal social control (4)
Family
Schools
Religious Organisations
Peer groups (e.g. such as Neighbourhood Watch)
what are examples of formal social control (4)
Prisons
Police
Probation
Laws made by Parliament
who are the important people to know for this section
Rudolf von Jhering
Roscoe Pound
what was RVJ influenced by
Utilitarianism but not completely utilitarian
what did he say
Laws are tools created to serve society’s needs, guiding behavior through both self-interest and moral duty. They use rewards and punishments to encourage compliance (egoistic means) while also promoting values like responsibility and compassion (altruistic means).
what did RP say
Sees law as “social engineering”
Lawmakers seek to solve problems in society by using law as a tool to do so
what are 3 examples of where the law has been either weak/ inconsistent or unable to support social change
Suicide – no longer a crime but assisting it is
Juries – can also be inconsistent in the decisions they reach (e.g. Ponting’s case- ignored legal interpretation and went off their sense of justice meaning its inconsistent with the law)
Awarding of damages – in civil law these can be inconsistent too
