Law and Society

• Pluralism:


  ·       Law must change to reflect moral values of a pluralist society. E.g. Marriage (Same Sex Couples) Act 2013.
• Role of law in society:

  ·       Protection of the public

  ·       Promoting common good

  ·       Resolving disputes

  ·       Persuading people to behave in a certain way
• Lord Bingham and How law acts as formal social control through:


  ·       Police, courts & prison. Necessary to maintain order and protect the public
• Other institutions act as informal social control through socialisation to accept the shared values of society:


  ·       Family

  ·       Education
• How society can change the law:

  ·       Riots

  ·       Protests – how law reacts – increased police powers to deal with protesters -

  ·       Campaigns
• Examples of changes brought about through society:

  ·       Gender Recognition Act 2004

  ·       Marriage (Same Sex Couples) Act 2013
• How changes in the law can change society’s views:

  ·       Homosexuality

  ·       Abortion
• Role of the media:

  ·       Folk Devils & Moral Panics – Cohen.  Modern example – dangerous dogs (XL Bully)

  ·       Influence on moral change and pushing the political agenda of the different political parties. Daily Mail – Conservative. The Guardian – Labour.
• Pound:


  ·       Law has to balance interests which overlap.  Criminal example – Martin – householder/intruder.  Civil example – Miller v Jackson – private/public interest.
• Theories on the role that law plays in society:

  1. Durkheim's consensus theory
  2. Marx's conflict theory
• ·       Durkheim’s consensus theory


  Law based on our ‘collective conscience’, which is what the majority believe to be right/wrong. Weakness of this theory is that in a pluralistic society not all views are represented.
• ·       Marx’s conflict theory


    Law serves the interests of the wealthy by criminalising the behaviour of the working-class. Weakness of this theory is that it ignores laws that are there to protect everyone such as, speeding.
• Left Realists 


  we live in an unequal society where the root causes of crime are:

  ·       Relative deprivation

  ·       Marginalisation

  ·       Subcultures – often caused by labelling.  Especially relevant – stop and search by police.
• Right Realists

  the main causes of crime are:

  ·       Rational Choice – as most crimes are committed on the spur of the moment this will not always be accurate.

  ·       Murray’s ‘underclass’.