Homosexuality
Laws on same-sex relationships have changed greatly in the UK in the recent decades.
Changes over time
In the UK, all homosexual acts between men were made a crime in 1885, with a maximum sentence of life imprisonment. However, homosexual acts between males aged 21 or over were legalised in England and Wales in 1967, in Scotland in 1980 and Northern Ireland in 1982 (lesbian acts had never been illegal). The age of consent was reduced to 18 in 1994 and then equalised with heterosexuals at 16 in 2000.
The British introduced many laws into their colonies during the period of the British Empire. For example, in 1861, they introduced a law in India making homosexuality a crime. This law was struck down by India's Supreme Court in 2018 and homosexuality is no longer an offence.
Reasons why the law changed
The Wolfenden Report After the Second World War, there was an increase in prosecutions of gay men and by 1954 over 1,000 were in prison. Following several trials of well-known figures, the government set up a committee under Sir John Wolfenden to consider reform of the law.
After gathering evidence from police, psychiatrists, religious leaders and gay men (whose identity had to be concealed), the committee's report published in 1957 recommended that homosexual acts in private between consenting adults over 21 be legalised.
Campaigns The Homosexual Law Reform Society, made up of leading public figures, successfully campaigned for the change in the law that legalised gay sex in 1967. Further campaigns by Stonewall and the Campaign for Homosexual Equality led eventually to equalising the age of consent at 16.
Politicians such as Roy Jenkins supported the campaign for change and as Home Secretary he introduced the necessary legislation in 1967. Others since have introduced further legislation such as the 2010 Equality Act which outlaws discrimination of grounds of sexual orientation.
Human rights in India the main reason for the change in the law was the decision of the Supreme Court that the state has no right to control citizens' private lives. In the UK this concern with equal rights also underlies changes in the law on homosexuality
Drug laws!
Drug laws have changed over time in many countries. In some cases, possession of certain drugs has been made a criminal offence, while in other cases it has been decriminalised, as in the case of Portugal below.
Changes over time
The Portuguese case is an interesting example. From 2001, possession of drugs was changed from a crime to a civil offence, if the quantity involved was less than for a ten-day personal supply.
The new law applied to both 'hard' drugs such as heroin and 'soft' ones such as cannabis.
The background to the change in the law is interesting. From the 1930s until 1975 Portugal had been ruled by a right-wing dictatorship as a 'closed' and strictly regulated society (Coca Cola was banned and citizens even had to obtain a licence to own a cigarette lighter!).
After a revolution in 1975, Portugal became a democracy and the increased openness of the country led to a large influx of drugs. Very soon, Portugal had the highest rates of heroin addiction in Europe, as well as soaring rates of HIV infection caused by needle-sharing among addicts.
Public health The thinking behind decriminalisation was that drug use should be regarded as a public health issue aimed at harm reduction, rather than an issue for the criminal justice system.
Users are referred to health and other support services rather than being prosecuted.
Since the change in the law, drug use has fallen sharply. HIV infections among addicts are almost non-existent and deaths from drugs are now the lowest in Europe: around 4 per million of the population, compared with figures for England and Wales of around 44 per million.
Reasons why the law changed
The basic reason for the change was the sudden and rapid growth in the scale of drug addiction in Portugal after 1975: by the 1990s, one in every 100 of the population was addicted to heroin.
This led to calls for drastic action to tackle the problem.
It was also felt that, as a relatively poor country, the new law would reduce the costs resulting from drug use and one source points to a saving of 18%.
Gun control laws:
Changes over time In the UK, laws governing access to firearms changed following two mass shootings:
• In 1987, Michael Ryan, an unemployed antique dealer, shot and killed 16 people in Hungerford, Berkshire.
• In 1996, 16 children and one teacher were shot dead at Dunblane primary school near Stirling in Scotland by Thomas Hamilton, an unemployed former scout leader.
Most of the weapons used, including several semi-automatics capable of rapidly firing multiple rounds, were legally held.
As a result, the law was tightened in 1997 following a government enquiry led by a senior former judge, Lord Cullen. John Major's Conservative government introduced an act banning all handguns except .22 single shot weapons. Following Labour's victory in the general election later that year, Tony Blair's government introduced a second Firearms (Amendment) Act, banning the remaining handguns as well. Apart from some historic and sporting weapons, it is now illegal to own a handgun in Great Britain.
Reasons why the law changed
The main reason for the change in the law was the public outcry following Hungerford and especially Dunblane. However, two important campaigns helped to press for a change in the law:
• The Gun Control Network, set up by lawyers, academics and parents of victims to campaign for tighter gun control laws.
• The Snowdrop Campaign, started by bereaved Dunblane parents and their friends, organised a petition and collected 750,000 signatures calling for a change in the law.
Laws relating to children:
Childhood is a very good example of social construction. Although everyone goes through a biological stage of physical immaturity in the first years of life, how society has defined this phase has varied greatly over time.
In British society today, the dominant idea of childhood is of a special time of happiness -
'the best years of your life' (though this is not to say that reality always lives up to this ideal).
We see children as fundamentally different from adults: vulnerable, innocent and in need of protection and nurturing. As a result, in many ways children are kept separate from the adult world and its dangers.
Changes over time However, it has not always been like this. The historian Philippe Ariès argues that until the 13th century, 'the idea of childhood did not exist'. Children were put out to work from an early age and were in effect 'mini-adults' with the same rights and duties as everyone else. The law often made no distinction between children and adults, and children could face the same severe punishments as those handed out too adults. Over time, the idea of childhood as a separate stage in life gradually developed and society becartie, the chiat-centred: Parents invest a great deal in their children both emotionally and financially, and the state takes a great interest in their wellbeing.
Changes in the law
As a result of growing concern for children and their welfare, there have been important changes in the laws relating to children in the last two centuries. These changes reflect how society's view of childhood has changed over time.
• Laws excluding children from paid work. In the 19" century, children as young as six were widely used in cotton mills, calmines and other industries. A series of Factory Acts gradually excluded children from the workplace.
• Compulsory schooling introduced in 1880 ensured a basic education for all and also had the effect of keeping children out of paid work.
• Child protection and welfare legislation, such as the 2004 Children Act made the child's welfare the fundamental principle underpinning the work of agencies such as social services.
• Children's rights The Children Act defines parents as having 'responsibilities' rather than
'rights' in relation to children, while the United Nations Convention on the Rights of the Child
(1989) lays down basic rights such as entitlement to healthcare and education, protection from abuse and the right to participate in decisions that affect them, such as custody cases.
• Laws and policies that only apply to children, such as minimum ages for a wide range of activities, from sex to smoking, reinforce the idea that children are different from adults and so different rules must be applied to their behaviour.
Laws concerning physical punishment:
in the past, physical punishment for criminal behaviour was common. At various times in British history, criminals (depending on their crime) could be punished by:
• capital punishment (execution) by hanging, not only for murder but also for less serious crimes. For example, the 1723 Black Act made over 50 offences of theft and poaching into
capital crimes.
• corporal punishment has included logging, birching (caning), branding with hot irons and being put in the stocks.
Changes in law:
Abolished in britian in 1965
Corporal punishment also finally disappeared
Reasons for change:
Breaches moral basic rights
Nothing can be done if it’s a mistake
It doesn’t act as a deterrent
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