Law and society - BCI - P3 Flashcards
What is BCI?
Balancing conflicting interests is the process by which the law attempts to compare the various competing views of different people and settle these conflicts in the fairest way for both parties.
Why is BCI important?
For a society to remain stable and ordered, it is important that individuals and groups can resolve disputes peacefully and that the various interests are, to some extent, satisfied by the outcome. However, history shows that it is not always the case that the various interests are recognised, let alone balanced by the courts.
What does the legal theorist Rudolf von Jhering believe?
Rudolf von Jhering believed that the law was a prime method of ordering society. He argued that the role of the law was to balance interests by reconciling the interests of the individual to society so that they conformed.
What did Roscoe Pound believe?
Greatly influenced by von Jhering’s work, Roscoe Pound divided interests into two main categories, these being individual interests and social interests. He argued that interests could only be properly balanced if placed on the same plane or level. Failure to do this results in a built-in bias in favour of the social interest.
(e.g. Miller v Jackson).
How can BCI be achieved by the making of an Act of Parliament?
The green paper invites consultation from various interested parties who may be affected by the proposed legislation. There are several political parties reflecting a wide range of views. Thus, many compromises and amendments will be made to the bill before it becomes an Act.
