The Law And Society Flashcards

1
Q

What is the definition of law?

A

Law - series of rules and regulations designed to keep the public safe from harm and promote morality within society

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2
Q

What is the definition of society?

A

A group of people or multiple groups that share a common territory

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3
Q

What type of society does the UK consider itself to be?

A

A pluralist society

A pluralist society values diverse groups, beliefs, and cultures equally

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4
Q

What are some of the roles of the law?

A
  • Protect Citizens
  • Settle arguments and disputes
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5
Q

What principle did Lord Bingham develop?

A

The Eight Rule Principle

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6
Q

What is the general idea of Lord Binghams eight rule principle?

A

The law should be:
- accessible & predictable
- equal to all / fair
- protect human rights

Fairness, accountability, and justice

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7
Q

What did Stanley Cohen write in Folks Devils and Moral Panics?

A

The media overreacts about non-typical behaviour - normalising

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8
Q

What are the two forms of social controls?

A

Informal and formal social controls

These controls regulate behavior; laws vs norms like gossip

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9
Q

What is Rosco Pounds Socio-ethical principle?

A

The law is made to control society

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10
Q

How does criminal law control society?

A

Controls:
Self defence
Consent
Euthanasia

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11
Q

How does Tort law control society?

A

Controls:
Remedies
Protects majority (Bolton v Stone)

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12
Q

How does Contract Law control society?

A

CRA 2015
Protects consumer

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13
Q

Explain and give theorist

What is the consensus theory?

A

People are socialised through the same means so believe the same things

Durkheim: society shapes individuals; social norms create order+cohesion

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14
Q

Explain and give theorist

What is the conflict theory?

A

Different groups compete for social and economic power
Fighting for limited resources

Marx believes capitalism exploits workers for profit

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15
Q

What is the labelling theory?

A

Stigmatises crimes

Stop and search (Racist as pick mostly minorites)

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16
Q

What is a disadvantage of using magistrates?

A

Not diverse - leads to them stereotyping

13% were from Black, Asian, and minority ethnic backgrounds

17
Q

In what ways are access to justice bad?

A

3/4 don’t get legal aid in the magistrates court

18
Q

What is legal realism?

A

Looks at how the law is applied by judges
Allowed for updates to keep law in line with society

19
Q

What is left realism?

A

Solve social inequality = solve crime (long-term)

20
Q

What is right realism?

A

Tough on crime, tough sentences, deterrence, CCTV, Nannystate

21
Q

Who developed the eight rule principle?

A

Lord Bingham

22
Q

Who came up with the principle of Folk Devils and Moral Panics?

A

Stanley Cohen

23
Q

Who believes the law is made to control society?

A

Rosco Pound

24
Q

What was the difference between the cases of R v Brown and R v Wilson?

A

One was harm between heterosexual couple one was between gay couple

Shows the law wanted to show society it was not acceptable

25
Q

What theorist believes in the conflict theory?

A

Marx

26
Q

What theorist believes in the consensus theory?

A

Durkheim