Law and society Flashcards
Law attempts to control society through regulating rules.
Lord Bingham – all laws and authority in the state should be based on laws and are entitled to the benefit of law publicity and prospectively.
Law operates through general social control and is set out in accordance with public policy.
.Main purpose is to protect society: it ensures a common good and settles argument + diversity.
Law balances competing interests (people, groups, etc.) of the interaction.
- Society ensures no anarchy & without it those more vulnerable (the weak, disabled) are less protected.
May not reflect the same views of whole population – minority groups’ views may be ignored.
Roscoe Pound – law as a tool for social engineering – making attempts to shape society with law - Process of trying to balance conflicting interests of conflicting policy.
While behaviours and manners are guided and are at culture degree/theme, laws are not optional and are enforced.
Law is used as a way to discourage acts that are seen as detrimental to society, however relies heavily on subjectivity as different cultures = different views
