Society Flashcards
what is a society?
a group of people sharing the same geographical location
some countries have…
very distinct cultures, moral beliefs and religions. however, others have been subject to a range of values and beliefs (multicultural).
a pluralistic society is…
a society that does not share the same beliefs
AO3: problem with a pluralistic society
- hard to please everyone
- laws may go against personal views/beliefs
- it is difficult for any one party to maintain government
- however, many laws like murder share a common moral goal
the law has 4 main roles in society:
protect people
promote common good
settle disputes
persuade people to do the right thing
what are social norms?
common expectations of behaviour
how does the law shape social norms?
it’s power to influence
how does society shape social norms?
civil disobedience such as strikes, riots and protests
however, the law uses power to…
react to civil disobedience e.g police presence
how does the media shape social norms?
they create sensationalism and moral panic
blame a section of society for societal problems
what is an example of the media shaping social norms?
XL Bully Dogs in the media
AO3: role law plays in society
- media is biased
- media can have a political influence
- not everything we read is completely impartial
- can sensationalise
the law is one way social control is achieved. the law discourages…
deviance and encourages conformity
what are the two forms of social control?
formal social control - police and courts
informal social control - family, community, schools
right realists believe in…
tough formal social control. (e.g harsh sentences/tough policing)
people turn to criminal behaviour due to inadequate informal social control.
left realists believe in…
strengthening informal social control.
people turn to crime due to social inequality, economic factors and influence of family/peers.
e.g poverty impacts crime so we should reduce the larger issue rather than the crime itself
AO3: relationship between law and society / control mechanisms
- some people have weak informal control which leads to crime
- harsh sentencing and policing does not always work and it costs the tax payer a lot of money
theories on law and society:
consensus theory
conflict theory
labelling theory
legal realism
what is the consensus theory?
Durkheim:
requires society to agree about what laws are needed.
this works because most people are successfully socialised from a young age into shared values through family and education
what is the conflict theory?
Marx:
society is in a constant conflict for limited resources in society.
the wealthy and poweful suppress the poor and powerless.
what is the labelling theory?
Becker:
the law creates criminals when it labels an action as a crime.
those sharing the same characteristics e.g race/age etc become stereotyped and society expects them to conform to their stereotype.
what is the legal realists theory?
society moves faster than the law - there can never be a certainty of law.
AO3: theories
- society moving faster than the law makes sense when you look at how long parliamentary law making is
- consensus theory will never work in a pluralistic society
link between society and criminal law:
Tony Martin was given defence of self-defence after gaining popularity for shooting a burglar that came onto his property.
this impacted the Homeowners Act
link between society and tort law:
‘affects the neighbourhood’ was added to private nuisance law after individuals in a small society complained about a sex shop
link between society and human rights law:
society has impacted the law through Article 11 freedom of assembly. we all have a right to protest against laws that we disagree with.
AO3: impact on areas of law
- if a protest turns violent, it does not have the impact necessary for change
- Tony Martin was convicted then the sentence was changed - should we allow society to undermine the authority of the courts?
