law and society

• how do sociologists define society?


  Society is a group of people with common territory, interaction, and culture. Members share aspects like language and beliefs, which can define societal structures.
• What is pluralism and how does it relate to society?


  Pluralism is the coexistence of distinct cultural groups within a geographical area. A pluralistic society values diversity, with groups maintaining cultural traditions.
• What is assimilation in the context of society?


  Assimilation occurs when groups adopt the dominant society’s traditions, such as immigrants learning a new language, blending into a multicultural society.
• What is the rule of law, why is it essential in society?


  The rule of law ensures that everyone is subject to laws fairly applied and enforced, requiring clear laws, strong enforcement, and an independent judiciary (e.g., Lord Bingham’s principles).
• What are the four key roles of law in society?


  Law protects people from harm, ensures the common good, resolves disputes, and persuades individuals to act ethically.
• How does the law shape societal norms?


  Laws influence behavior and societal expectations, with changes often resulting from protests or public pressure (e.g., same-sex marriage legalization).
• What is moral panic, and who introduced this concept?


  Stanley Cohen described moral panic as media exaggeration of deviant behaviors, creating societal fear (e.g., Castlemorton Common Festival, 1992).
• What are knee jerk reactions in law making, what are examples?


  These are rapid legislative responses to public outcry, such as the Dangerous Dogs Act 1991 or Sarah’s Law, which aim to address specific societal fears.
• How does the law act as a social control mechanism, give an example?


  Law enforces social-ethical principles, reflects majority demands, and guides courts in applying justice, as seen in cases like R v Brown.
• What happens if and when a law is too weak or if its inconsistently enforced?


  Social control fails, and laws lose public importance, as seen in assisted suicide cases, where prosecution is influenced by policy rather than strict enforcement.
• How does criminal law exercise social control?


  Examples include self-defense laws balancing homeowner rights and reasonableness, and consent in assault cases highlighting societal and judicial interpretations.
• How does tort law balance individual and societal interests?


  Cases like Bolton v Stone favor societal freedoms, while Miller v Jackson weighs individual harm against recreational activities.
• what is meant by the consensus theory?


  Society functions through shared values
• What is meant by the conflict theory?


  Society is in conflict due to power disparities (Karl Marx).
• what is meant by the labeling theory?


  where Stereotypes perpetuate deviance, influenced by race, age, and class.
• How does the law reflect the consensus theory?


  Laws like family and education policies reflect shared societal values, as seen in Durkheim’s work on socialization and collective consciousness.
• What is legal realism, how does it view law making?


  Legal realism focuses on how laws are practiced, emphasizing their connection to societal changes and rejecting the certainty of statutory laws.
• How does left realism address crime?


  It links crime to deprivation, marginalization, and subcultures, advocating for policies like better employment, wages, and housing to reduce crime.
• What is the right realist approach to crime prevention?


  Right realism emphasizes rational choice and strict control measures, such as situational crime prevention (e.g., CCTV) and environmental improvements.
• How does the law handle diversity and stereotyping in justice?


  Recommendations like increasing magistrate diversity address societal dissatisfaction, as bias can skew judicial outcomes (e.g., R v Samuel).
• How do legal systems ensure access to justice?


  Initiatives like ending advice deserts improve justice accessibility, but barriers like costs and confidence remain.
• How does the law influence societal change?


  Laws often lead societal shifts, as seen with anti-discrimination acts. Conversely, societal movements influence law reforms, such as the Race Relations Act 1968.