Realist Approach to Law Making Flashcards
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
2
Q
Left realist
A
- Social inequality is the main reason for crime
- To prevent this they need to work on educating and rehabilitating
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)
3
Q
Left realist: Advanatges
A
- Brings attention to street crime
- Finds the root of the problem
4
Q
Right realist: Advanatges
A
- Real reason why crime is committed
- Offers practical control of crime
4
Q
Right realist: Disadvantages
A
- Just displaces crime, crime will move
- Ignore structural causes of crime (poverty).
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
