#LM- law and society Flashcards
what msuit be in law and society essay
introduction theories areas of balance realism conclusion
what must be in the introduction
law balances conflicting interests to create order in society
what was pounds idea
we hav ethree types of interest. individual , social and state. must run in balance. state and social will often win such as Beghal v UK
what did Durkheim state
state is collective conscience
what did Von Sherling state
law is a form of social engineering
what did hoh field state
difference between what is right and liberties
what is consenus theory
is about conformity, agree on acceptable behaviours and we reward and punish people from an early age
what is conflict theory
based on idea of Karl marx
we compete for resources and is about domination and power
what is labelling theory
society stigmatises those caught and punished - stereotypes
what are the areas of balance between law and society in the legal system
stop and search jury and magistrates bait access to justice appeals
how are the interests of society demonstrated in criminal law
mandatory life sentences
self defence
consent
how is tort seen to show the interests in society
nuisance
negligence claims against public bodies
VL
how is contract shown to see balance between law and society
consumer rights act
3rd party rights frustration
what is realism
judges create law, acts dont do enough, no right answer, judges are subjective but must find balance
lord reid/ wendell Holmes
what is the conclusion to law and society
words of Q
summary of both arguments
final statement
