Balancing conflicting interest

• What are rights and interests defined by Jhering and Pound as?


  Principles identified by individuals and/or states as being fundamental importance
• Who defines rights and interests as 'Principles identified by individuals and/or states as being fundamental importance'?

  Jhering and Pound
• What might individuals' interests include?

  Survival

  Privacy

  Safety

  Healthcare

  Freedom

  Education

  Justice
• What might the state's interests include?

  Physical security

  Financial security
• Who can individuals conflict with?

  Other individuals

  The state
• How is conflict between individuals' interests generally dealt with?

  Substantive laws
• How is conflict between an individual's interests and the state's interests generally dealt with?

  Procedural laws
• What is an example of where conflict between individuals' interests is dealt with?

  Theft
• What is an example of where conflict between individual's interests and the state's interests is dealt with?

  Terrorism Act 2006
• What are the three key theorists on enforceable rights and balancing conflicting interests?

  Bentham

  Jhering

  Pound
• What can the law be described as?

  A mechanism of social control
• Why can the law be described as a mechanism of social control?

  It comprises rules for keeping order in all societies
• Bentham


  Utilitarianism

  In favour of extension of individual legal rights

  Opposed natural law 'nonsense upon stilts
• Bentham

  Utilitarianism

  In favour of extension of individual legal rights

  Opposed natural law 'nonsense upon stilts'
• Jhering


  Explored 'struggle for law'

  Jurisprudence - further advancement of moral and social interests of mankind
• Jhering

  Explored 'struggle for law'

  Jurisprudence - further advancement of moral and social interests of mankind
• Pound


  Social engineering - social relationships important in development of law

  Lawmaker acts as social engineer
• Pound

  Social engineering - social relationships important in development of law

  Lawmaker acts as social engineer
• What are key cases for balancing conflicting interests?

  Miller

  Kennaway

  Evans

  R v T

  Majewski