theories in law and society Flashcards
what are the 6 theories
conflict theory
consensus theory
labelling theory
realism theory
right realism
left realism
who came up with consensus theory
Emile Durkheim
what does this state
Systems are fair and social change occurs through decisions of the social institutions within society
Systems work because most of us are socialised through informal social control mechanisms and we share the same values
Positive and negative sanctions are enforced through family and education from a young age which helps society to work properly- there is a collective consensus
This allows maintenance or continuation of social change in society
what are 2 strengths of this
Shows everyone contributing to the well-being of society
Provides a happy and harmonious view of society
what is 2 weaknesses of this
Too optimistic and assumes family life is always happy
Ignores conflict and oppression highlighted by conflict theory
who came up with conflict theory
karl marx
what does this state
society is in a constant state of conflict as we all compete for the same resources
Only way to achieve social change is through conflict
Social order maintained through dominance and power instead of consensus and agreement
Those with wealth and power to maintain position in society by supressing the poor and powerless
what are 3 strengths of this
provides an alternative perspective to previous ideas of consensus
Allows for a non-traditional view
Provides a bigger picture approach
what are 3 weaknesses of this
Assumes we all see each other as competitors
It is not universally true that not all people in power try to supress the poor
Ignores charitable and welfare policies
who came up with labelling theory
Most people commit acts which are deviant or criminal, but not everybody is caught and punished for those acts or isolated from society and labelled a ‘criminal’
Continued labelling of certain groups in society leads to stereotypes
Society then actually begins to expect criminal or deviant behaviour from them
These people then form sub-cultures in society which may then continue to commit crime as they feel that society expects nothing more from them
Can be seen in racial bias in police stop and search practices (BAME individuals 3 times more likely to be stopped and searched than white individuals)
what are 2 strengths of this
Highlights reasons for differences between sub-cultures
Highlights discrimination in the law
what are 2 theories that further connect to labelling theory
self fulfilling prophecy
broken windows theory
who proposed sfp
merton
who proposed bwt
wilson and kelling
what are 2 weaknesses of labelling theory
Not all those who are labelled as deviant go on to commit more crime
Makes offenders appear as victims
Doesn’t explain primary deviance
what is sfp
if someone believes something to be real, their behaviour aligns to that and it becomes real – so if someone is labelled as a criminal, their behaviours align and they become criminal
what is bwt
If you live in an area with visible signs of crime and deviance (e.g. broken windows) and this is not addressed, further commission of crime is encouraged
what is realism theory
Realist theories recognize crime as a real problem to be solved – not just a social construction to theorise over
Therefore to understand it we need to look at how it is practiced in the courts and police stations not what Parliament has written in statute
They believe law is completely connected to society and that there is no certainty in the law
whats a case example of outcome changing due to societal context
R v Wilson and R v Brown or assisted suicide cases
what are 2 strengths of this
Focuses on more realistic approaches to how things work in practice
Explains how judges might use methods of avoiding precedent or statutory interpretation to make the decision they want to make
what are 2 weaknesses
*Ignores that judges still have to follow the rules made in statute and cannot come to any decision as evidenced in cases where judges have disapproved of a decision but not been able to change it
*Ignores that although police have some discretion to prosecute this is the exception in extreme cases and not the general rule
who proposed right realism
wilson
what does it state
Crime is linked to inadequate social control, therefore to reduce crime these controls need to be strengthened
Believe in decreasing welfare
Punishment over rehabilitation
what are 2 strengths
Common sense approach
Aims to prevent crime which helps victims and society
what are 3 strengths
Ignores need for rehabilitation
Is seen as unpractical and idealistic
Prison rates increase but is prison effective?
who proposed left realism
Lea & Young
what is it
believe in rehabilitation and reducing social inequality
Crime is blamed on inequalities in society, therefore there should be practical measures to reduce crime which do not punish but help offenders to change course, and society should work on reducing the inequalities which lead to crime
what are 2 strengths of this
Highlights effects on victims and underlying causes of crime
Does not demonize or glorify the police but is based in realism
what are weakness of this
Focuses on street crime and ignores white collar crime
Can be seen as too soft on criminals
