Law And Society - Law As Social Control Mechanism

Question 1

What are the two types of mechanisms for social control?

Answer 1

Formal : control through agencies such as criminal justice system.
Informal : family

Question 2

Who was the theorist for socials control and what 3 part test did they establish?

Answer 2

Roscoe Pound
- There must be a balance between social, individual and public interests.
- Must create balance in harmony

Question 3

What are the examples of social control are for criminal law?

Answer 3

Criminal law and consent - balances interests of freedom and protection of society.
Case : Brown
Case : Wilson

Question 4

What are the examples of social control for tort law?

Answer 4

Negligence claims - balance interests of claimant and defendant
Case: Montgomery v Lanarkshire BH (cerebral palsy)
Case: Robinson v CCWY (Police)