law and society Flashcards
what are societies?
A society is the community of people living in a particular country or region and having shared customs, laws, and organizations.
what is society and law?
what came first the chicken or the egg? same way society or law?
what is a society before law?
state of nature?
what did Finns say we need to flourish?
to live in a society
can law be separated from social context?
laws are decided upon and are chosen
are all laws same?
different societies have different laws
who is Roscoe pound what did he say?
Law in books should be reinterpreted as Law in action
Lawyers and Legislators are social engineers, they make the laws
Laws maximise the interest of people
How can Society affect Law?
Uk is a demcocarcy and it should be the will of people
We elect our representatives
Benefits a society of a whole.
what does Roscoe say?
A man is born freed but a everywhere he is in chains, meaning we are bound by the law
general interests, not differentiating from the minorities
general will- we decide whats good for the society as a whole EG. orange analogy
how can law affect society
Law is binding even if you don’t agree with it
All law has an affect on the citizens
democracy: we do what the citizens want
HRA 1998 - shows deomcarcy by giving basic right to education ect..
name a case law?
R v wilson 1998
what happened in R v wilson?
Alan Wilson was charged under s 47 of the Offences Against the Person Act 1861 for assault. He branded his initials into his wife’s buttocks with a hot knife.
Issue:
The first issue was whether R v Brown (1993) 97 Cr. App. R. 44, is an authority for the proposition that consent is not a defence to assault occasioning actual bodily harm to a person, under s 47 of the Act.
Further, when criminal investigation or conviction is required where consensual activity between a couple occurs in the privacy of their own home.
Where consensual activity has taken place in the privacy of one’s home, and is has not serious or extreme in nature, a defence of consent is valid against s 47 of the Act and it is not a proper matter for criminal investigation.
what did the court decide for R v Wilson?
The court distinguished the case of R v Brown holding that the engagement of the defendants in sadomasochism which led to the decision to convict the defendant under s 47 of the Act was extreme, with a serious risk of injury occurring.
There was no factual comparison to be made between the actions of Wilson and the facts presented in R vBrown and there was no aggressive intent on the part of Wilson.
It was further held that consensual activity between a husband and wife in the privacy of their own home was not a matter for criminal investigation or conviction.
Therefore, consent was a valid defence to s 47. The appeal was allowed and the conviction was quashed.
why is R v Wilson important?
even though both parties of the couple were consensual when getting the branding were still taken to court.
The court decided that they did not want to interfere with family issues but it was brought to court due to societal versions of what is appropriate or acceptable.
