The Law And Society Flashcards
What is the definition of law?
Law - series of rules and regulations designed to keep the public safe from harm and promote morality within society
What is the definition of society?
A group of people or multiple groups that share a common territory
What type of society does the UK consider itself to be?
A pluralist society
A pluralist society values diverse groups, beliefs, and cultures equally
What are some of the roles of the law?
- Protect Citizens
- Settle arguments and disputes
What principle did Lord Bingham develop?
The Eight Rule Principle
What is the general idea of Lord Binghams eight rule principle?
The law should be:
- accessible & predictable
- equal to all / fair
- protect human rights
Fairness, accountability, and justice
What did Stanley Cohen write in Folks Devils and Moral Panics?
The media overreacts about non-typical behaviour - normalising
What are the two forms of social controls?
Informal and formal social controls
These controls regulate behavior; laws vs norms like gossip
What is Rosco Pounds Socio-ethical principle?
The law is made to control society
How does criminal law control society?
Controls:
Self defence
Consent
Euthanasia
How does Tort law control society?
Controls:
Remedies
Protects majority (Bolton v Stone)
How does Contract Law control society?
CRA 2015
Protects consumer
Explain and give theorist
What is the consensus theory?
People are socialised through the same means so believe the same things
Durkheim: society shapes individuals; social norms create order+cohesion
Explain and give theorist
What is the conflict theory?
Different groups compete for social and economic power
Fighting for limited resources
Marx believes capitalism exploits workers for profit
What is the labelling theory?
Stigmatises crimes
Stop and search (Racist as pick mostly minorites)
What is a disadvantage of using magistrates?
Not diverse - leads to them stereotyping
13% were from Black, Asian, and minority ethnic backgrounds
In what ways are access to justice bad?
3/4 don’t get legal aid in the magistrates court
What is legal realism?
Looks at how the law is applied by judges
Allowed for updates to keep law in line with society
What is left realism?
Solve social inequality = solve crime (long-term)
What is right realism?
Tough on crime, tough sentences, deterrence, CCTV, Nannystate
Who developed the eight rule principle?
Lord Bingham
Who came up with the principle of Folk Devils and Moral Panics?
Stanley Cohen
Who believes the law is made to control society?
Rosco Pound
What was the difference between the cases of R v Brown and R v Wilson?
One was harm between heterosexual couple one was between gay couple
Shows the law wanted to show society it was not acceptable
What theorist believes in the conflict theory?
Marx
What theorist believes in the consensus theory?
Durkheim
