law and society Flashcards

1
Q

what is society

A

a group of people with common territory, interaction and culture.

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2
Q

what is pluralism in society

A

culture between members of society can take the form of shared beliefs, language, values and other practices and norms that define a people’s way of life.

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3
Q

what is Britain with pluralism

A

is an extremely diverse and multicultural society largely due to his tropical invasions and periods of mass migration

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4
Q

the rule of law in UK upholds what

A

a value based culture of pluralism

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5
Q

minority groups are able to do on the basis of what

A

are able to maintain their beliefs whilst assimilating with the greater populace on the basis of language and compliance with domestic law

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6
Q

In a pluralistic society, is any one group considered officially more influential than the others?

A

Answer: No, in a pluralistic society, no single group is officially considered more influential than another.

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7
Q

In a pluralistic society, are all groups equally able to participate in political processes and access higher economic classes?

A

While no group is officially more influential in a pluralistic society, powerful informal mechanisms like prejudice can still prevent many groups from fully participating in political processes and reaching higher economic classes.

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8
Q

Is British society currently based on the rule of law, and how does it limit the arbitrary use of power?

A

Yes, British society is now based on the rule of law, which limits the arbitrary exercise of power by making it subject to clear and established legal principles—though this was not always the case in the past

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9
Q

who is above the law

A

No individuals or organisation, government or otherwise is above the force of law.

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10
Q

What is required for the rule of law to exist?

A

For the rule of law to exist, a well-defined and transparent legal system is necessary.

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11
Q

how can society change the shape of law

A

through social action and change

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12
Q

How can groups express their desire for change in society?

A

Groups can express their desire for change by staging protests and strikes, as well as creating petitions and organizing lobbying campaigns.

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13
Q

examples of society shaping laws

A
  • Women’ voting rights
  • decriminalisation of homosexuality
  • same-sex marriage
  • legalisation
  • membership of the European union & Brexit
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14
Q

what happens for women’s voting rights in representation of the people act 1918

A

allowed women over 30 who met property qualifications to vote

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15
Q

what happens for women’s voting rights in representation of the people(equal franchise) act 1928

A

gave women equal voting rights with men by lowering age to 21.

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16
Q

what happens for women’s voting rights in representation of the people act 1969

A

reducing the voting age for all to 18

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17
Q

what is the effect of these acts for women’s voting rights

A

these acts reflected changing attitudes towards gender equality and the role of women in society, particularly after their contributions during world war I

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18
Q

what happen for decriminalising homosexuality in sexual offences act 1967

A

decriminalised homosexual acts between consenting men over 21 in private (England & Wales)

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19
Q

what happen for decriminalising homosexuality in sexual offences (amendment) act 2000

A

equalised the age of consent for heterosexual and homosexual acts at 16.

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20
Q

what happen for decriminalising homosexuality in the equality act 2010

A

strengthened protections against discrimination based on sexual orientation

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21
Q

what is the effect of these acts for decriminalising homosexuality

A

the 1967 act was a landmark reform reflecting growing tolerance and changing views on personal freedoms

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22
Q

what happen for same-sex marriage in marriage (same sex couples) act 2013

A

legalised same-sex marriage in England and Wales.

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23
Q

what happen for same-sex marriage in marriage and civil partnership (Scotland) act 2014

A

legalised same-sex marriage in Scotland

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24
Q

what is the effect of these acts for same-sex marriage

A

these laws marked a shift towards full legal equality for LGBTQ+ individuals and showed society’s increasing acceptance of diverse relationships

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25
what happen for Legalisation of abortion in abortion act 1967
legalised abortion under certain conditions, such as risk to the mother’s physical or mental health.
26
what happen for Legalisation of abortion in human fertilisation and embryology act 1990
reduced the legal time limit for most abortions from 28 weeks to 24 weeks.
27
what is the effect of these acts for legalisation of abortion
this reform acknowledged women’s rights over their own bodies and provided a safer alternative to illegal abortions.
28
what happen for membership of EU & brexit in European communities act 1972
enabled the UK to join the European economic community (EEC), later becoming the EU
29
what happen for membership of EU & Brexit in European union (withdrawal) act 2018
repealed the 1972 act, ending the supremacy of EU law in the UK following the Brexit referendum in 2016
30
what is the effect of these acts for membership of EU union & Brexit
joining the EU facilitated trade and cooperation, while Brexit reflected nationalist and sovereignty concerns, leading to significant legal and political changes.
31
what does each examples show legal change
shows how the law responds to societal shifts, whether in gender equality, personal freedoms, or national identity.
32
How can the media cause moral panics
Way in which the media represents crime and other social issues has had a big impact on the public’s overall perception of them
33
Who created the term ‘moral panic’
Stan Cohen
34
Why did stan cohen create the term moral panic
To explain the way in which the media, through their exaggerated and sensationalist reporting, can whip up a wave of public concern
35
What does moral panic created
Public anxiety and concern about the alleged deviance
36
What is a societal reaction
Agencies such as the police, schools and social services pull together to take harsher measures against the threat
37
Examples of the societal reason
Heavier policing and more imprisonment
38
What can societal reaction amplify
What was originally minor or isolated deviant behaviour
39
What do some sociologists suggest abut the decline of _______ and what does it lead to
Decline of religious and familial institutions has led to a greater reliance on the law for social control
40
Law is one of the main forms of social control.what does law bind together
Societies together on the basis of collective values, rights and obligations and thus seeks to secure social order.
41
What is informal social control
Carried out by institutions whose primary purpose is not social control, but they play an important role in it
42
Examples of informal social control
Family, education system, religion, workplace, mass media and peer groups
43
what is formal social control
Carried out by agencies specifically set up to ensure that people conform to a particular set of norms
44
example of formal social control
The law Police Courts Formal sanctions: arrest Fines Imprisonment
45
What did Durkheim argue was necessary for social life to exist?
Durkheim argued that for social life to exist at all, there must be some type of consensus about norms and values that guide standards of behaviour.
46
what is a collective conscience
We become off of this through the process of socialisation within the family, peers and our interactions with social institutions such as education.
47
what does collective consciousness provides
the glue that binds societies together
48
What did Durkheim argue happens when something becomes an enduring, regular, and predictable feature of living in a social group?
Durkheim argued that when something becomes an enduring, regular, and predictable feature of living in a social group, it becomes an acceptable part of the functioning of that social group.
49
what is a boundary maintenance
mechanisms societies use to establish and enforce norms and boundaries of acceptable behavior, often through identifying and punishing deviant or criminal acts to reinforce social order and the collective conscience
50
what is a safety valve
suggests that certain deviant acts, like prostitution, can act as a release for social tensions and prevent more serious crimes or societal breakdowns
51
What is the criminal justice system and what are its main functions?
The criminal justice system is a broad and collective term for a wide range of institutions and systems that exist to prevent, detect, and prosecute crime, as well as to punish and/or rehabilitate offenders.
52
what does the UK criminal justice system consists of
Police CPS Criminal courts Prison Probation services
53
what is patrolling and presence (police)
visible policing deters crime
54
what are stop and search powers (police)
used under the police and criminal evidence act 1984
55
what is arrest and detention(police)
suspects can be held for questioning under PACE
56
what are issuing fine and cautions (police)
minor offences may be dealt with through fixed penalty notices or warnings
57
example of policing method
the introduction of body-worn cameras to increase police accountability and improve trust
58
what are the evidential and public interest tests in CPS
prosecutions proceed only if there is sufficient evidence and it is in the public interest
59
what are charging decisions by the CPS
decides on appropriate charges based on the seriousness of the offence
60
what is legal advice to police by the CPS
helps police determine whether a case should go to court
61
example of the CPS social control methods
CPS decided to prosecute in high-profile cases such as the Stephen Lawrence murder retrial based on new evidence
62
what is sentencing by the criminal court
are PRISON, FINES, COMMUNITY ORDERS and are punishments deter crime and rehabilitate offenders
63
what do trial by jury ensure in a criminal court
only on crown court, ensures fairness in serious cases
64
what do magistartes court handles
handles less serious offences quickly and efficiently
65
example of social control method in criminal court
the sentencing act 2020 simplified sentencing laws to ensure clarity and consistency in punishment
66
what does incarceration (incapacitation) deprive in prison
depriving liberty acts as a deterrent and punishment
67
what are rehab program in prison
education, vocational training, and drug rehabilitation to reduce reoffending
68
what is categorisation of prisons
high-risk offenders are placed in category A prisons, while lower-risk prisoners are category D (open prisons)
69
example of social control method in prison
the prison reform programme aims to reduce overcrowding and improve rehabilitation services
70
what are community orders in probation service
offenders must complete unpaid work or attend rehabilitation programs
71
what does electronic tagging ensure for the probation service
ensures curfew compliance
72
what is regular supervision in probation service
probation officers monitor progress and compliance with courts orders
73
example of the social control method in probation service
under the offender rehabilitation act 2014, short-term prisoners must receive at least 12 months of supervision after release
74
when does social control via law become weak
Unclear Applied inconsistently Rarely enforced Immoral Contrary to the views of the public
75
What is a likely consequence in situations where public attitudes toward certain behaviours change?
In these situations, public criminalisation is a likely consequence and may even lead to formal decriminalisation.
76
what does law reflects
reflects and enables these socially agreed goals, values and behaviours.
77
When does a problem arise in the functioning of society, according to discussions of inequality?
A problem arises, however, when societies are characterised by economic and social inequality.
78
what happens when agreed social goals such as financial success, home ownership or the ability to travel are unattainable?
what mention calls ‘strain’
79
what did Merton observe
that most people ‘conform’ to the approved means of achieving social goals i.e paid employment, savings and investment.
80
in an unequal society, Merton argued what
Merton argues that not all individuals have the same opportunity of realising these goals meaning the face a sense of ‘strain’
81
what is a conformist
The non-deviant, non-criminal conformist citizen
82
how do conformists function in society
functions well in society by aspiring to collectively approved goals via acceptable
83
what do conformists get
Education, career, family, house, wealth, retirement
84
what factors create an innovator
poor educational qualifications or unemployment mean some can’t achieve goals by approved means
85
what do innovators desire
to achieve such goals remains
86
how do innovator response to 'strain'
to ‘strain’ is to turn to crime as an alternative
87
88
What are ritualists
Give up on achieving goals, but stick to means
89
Example of ritualist
Teacher who have given up caring about student success
90
What are retreatists
Total abandonment of means of achieving goals and the goals themselves
91
Who are typically retreatists
Monks Drug addicts Vagrants
92
What are rebels
Reject existing social goals and means Creates a new society
93
Examples of rebels
Revolutionaries Members of some radical religious sects
94
What does consus theory explain about society (ADS)
Minimises conflict through socialisation and social control
95
How does consensus theory explain different parts of what (ADS)
Different parts of the social system function to maintain the whole
96
What does consensus theory show different institutions of what (ADS)
how different institutions operate in complementary manner to produce overall social stability
97
Shows the importance of what in consensus theory (ADS)
Importance of shared culture as the basis of social order
98
Consensus theorist assume what (DISAD)
Take shared goals for granted, assuminung that most people accept them
99
What does consensus theorist ignore (DISAD)
Other explanations for conflict beyond economical such as age, gender, ethicality and locality
100
What does consensus theory not explain (DISAD)
Why most people who face strain do not turn to social disobedience
101
What do consensus theorist not acknowledge (DISAD)
Hidden ‘innovators’ who manipulate law to their advantage such as with white collar criminal (fraud, tax evasion etc)
102
What is conflict theory
States that tensions and conflicts arise when resources, status and power are unevenly distributed
103
Marx called two classes what
Bourgeoise (working class) Proletariat (upper class)
104
How was a unequal social order was maintained through what
Ideological & legal coercion which created consensus
105
What conflicts become the engine social & legal change
Workers rights Health & safety Welfare Equal access to justice