Realist Approach to Law Making Flashcards

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1
Q

Legal realist beliefs

A

Legal theories are too abstract and do not serve purpose when developing the law.
‘law cannot be understood as just a set of rules’ - Oliver Holmes

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2
Q

Left realist

A
  • Social inequality is the main reason for crime
  • To prevent this they need to work on educating and rehabilitating
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3
Q

Right Realist

A
  • Crime is due to overgenerous benefits system
  • Charles Murray suggested that welfare state has created lazy figures (such as stay at home mums)
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3
Q

Left realist: Advanatges

A
  • Brings attention to street crime
  • Finds the root of the problem
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4
Q

Right realist: Advanatges

A
  • Real reason why crime is committed
  • Offers practical control of crime
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4
Q

Right realist: Disadvantages

A
  • Just displaces crime, crime will move
  • Ignore structural causes of crime (poverty).
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4
Q

Left realist: Disadvanatges

A
  • Too soft on the criminal
  • Focuses on specific crime areas which makes crime seem much bigger deal than it is
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