Law and Society

• In considering the role of law in society, it is important to firstly look at the definition of the terms. Society can be defined as a group of people with common shared beliefs, culture and language. In the UK, there is a pluralist and multicultural society where people of different religious beliefs and social groups co-exist and tolerate each other
• There is no single definition of law however Sir John Salmond defined it as: 'the body of principles recognised and applied by the state in the administration of justice.' A simple way of defining law is as a set of statutory or common law rules used to enforce basic rights and regulate society.
• It is argued that the law's primary function is to shape social norms. Lord Bingham argued that this is achieved through consistent application of the 8 principles of the rule of law which include that the law should apply equally to all and that the law must be accessible, clear and predictable in its application. He identified four ways in which the law can influence and change society and this included (1) protection of the public from harm - which is criminal law (2) dispute resolution (3) ensuring the common good and (4) encouraging people to interact/behave in a particular way.
• The media can play a part in highlighting issues of social concern to the public resulting in them putting pressure on the government to address the issue and shape law. For example, the media launched a successful campaign for 'Sarah's Law' permitting disclosure of the whereabouts of some sex offenders in certain circumstances.
• Whilst this can be a very effective tool for generating enough public support to influence changes in the law it can also be criticised as the media can be responsible for creating moral panics. This concept was considered by Stanley Cohen who found that threats may be small sectors of society were often exaggerated by the media. The more the media covers the issue the more worried society become and want change. As a result, the law is then forced to intervene to reduce social unrest and can lead to 'knee jerk' reactions by law makers.
• This was the case with the Dangerous Dogs Act 1991 which came about because of media attention arising from the attack on a 6 year old girl, Ruksana Begum along with 10 other similar dog attacks. Parliament quickly responded to the intense media pressure and as a result the Act was rushed through the legislative process. The result was poorly made law as the word 'type' was included which is much broader than 'breed' resulting in many healthy and safe dogs being destroyed whilst other breeds responsible for further attacks not being covered.
• Roscoe Pound argued that the law is a force by which the government controls people in society. this therefore influences society. when there were no drink driving laws nor was it compulsory to wear a seat belt, society did not show much disapproval. Since laws have been introduced, society significantly frowns upon these laws not being followed showing the law shaping society's views.
• On the issue of assisted suicide and euthanasia, the law has acted as a social control by refusing to reform these laws regardless of a change is society's views. The current law is that anyone who assists a terminally ill loved one to die can be charged with murder or assisting suicide. In the 2015 Nicklinson case, the Supreme Court reviewed the issue and refusing to act, stated that the issue was of such constitutional importance that Parliament should act. Lord Falconer's Assisted Dying bill was then rejected by Parliament. This was despite a 2015 poll indicating 82% of people favoured legalising euthanasia, showing the law still lags behind public demand for change for public policy reasons.
• But, while the law can influence society, society can also influence the law as seen in relation to homosexuality. The Sexual Offences Act 1967 legalised homosexuality and the Sexual Offences Act 2000 reduced the homosexual age of consent from 21 to 18. Further legislation reduced the age of consent to 16 so now in line with a heterosexual couple; allowed civil partnerships and now the Marriage (Same Sex Couples) Act 2013 allows homosexual couples to marry. Although the law can be slow to respond to societal change, it has so 'better late than never.' The Policing and Crime Act 2017 gave pardons to thousands who had been convicted under old laws, including Alan Turing, recognising that society's view has significantly shifted.
• However, in a pluralist society some opposition will always remain. For example, Parkfield Community School in Birmingham had to suspend its 'No Outsiders' programme, which uses story books to teach about same-sex couples, after hundreds of parents protested and withdrew their children from class.
• There are opposing theories as to whether law influences society in relation to the creation of new laws or vice versa. Durkheim's consensus theory that society is based around shared interests and aims so law should seek to preserve consensus (agreement) and avoid conflict. The law reflects society's beliefs of what is acceptable and society works because most people are successfully socialised into shared values through informal social controls such as the family, education and local community. Therefore, where society's view of what is acceptable behaviour shifts, changes in the law are made to reflect this. This was the case following the Dunblane massacre where public outrage following this attack prompted Parliament to create the Firearms (Amendments) Act 1997 restricting the ownership of various guns.
• However, this theory seems to be based on an assumption that there exists a consensus within society. Given that we live in a pluralist society where there are wide ranging views as to what is acceptable behaviour, this theory does not satisfactorily demonstrate the relationship between law and society. Religion as a whole has ceased to be as important in society. Family dynamics have also changed (a recent report showed 70% of Young offenders can from Single-Parent families) and education doesn't exercise as much control over young people. All of these things mean that family and education cannot be the only thing that influence and change society, the law must step in aswell.
• Alternatively, the conflict theory of Karl Marx claims that society is in a state of perpetual conflict due to competition for limited resources. It suggests those with wealth and power try to hold on to it by any means possible, chiefly by suppressing the poor and powerless. Therefore, Marx identifies the significance of the role of formal social controls (by the police, the judiciary and prisons; limit on freedom so a deterrent to regulate the way people behave) which are used to maintain social order by domination and power.
• The law can control society through domination and power as seen in the way the law responded to civil disobedience in the London riots in 2011 which was triggered by the shotting of an unarmed man but developed into protests about austerity. The police (representing the powerful state) responded strongly to these protests arresting over 3000 protesters in 5 days and extending opening hours of the courts to ensure harsh sentence were passed quickly on rioters to send out a deterrent message. This shows the law acting as a strong social control.
• The law can't always change society by domination and power and this theory fails to account for instances where law makers are reluctant to make changes to the law but protests and strikes have left them with no choice. For example after the House of Lords refused to accept the Hunting bill but continued protests from the League against cruel sports and social unrest left them with no choice when the bill was introduced the following year and passed without their consent due to the powers of the Parliaments Act 1911 and 1945. This shows society as a driver for change.
• Howard Becker's labelling theory suggests that many people commit criminal acts but some social groups (such as black young men) are caught and punished more than others. They are then stigmatised as 'criminal' and creates subcultures. When sufficient people committing this behaviour have similarities such as age, race or appearance, they become stereotypes and society then expects those that conform to that stereotype to be deviant or criminal. This suggests that the way the law treats certain individuals will influence societal attitudes.
• This theory can be seen in the use of stop and search under s.1 Police and Criminal Evidence Act 1984. People who are black are 6 times more likely to be stopped and searched than those who are white. This leads to more convictions of people belonging to a particular race and can influence societal attitudes towards that race.
• Conversely, Realists such as Oliver Wendell Holmes believe that legal certainty is a myth as judges are influence by society and their own views when making a decision. Law is intimately connected with society and since society changes faster than law there can never be certainty about law. This theory shows that the law shouldn't influence society; society should influence law.
• The fact that a judge has the right to exercise their judgement over society is unfair and wrong. Judges should simply enforce the law that has been influenced by societal views - but this doesn't always happen e.g. Revill v Newbery. Additionally, the dissenting judgements in R v Brown (2 out of the 5 judges disagreed with the verdict) would be evidence of the problems of relying on the law to influence and change society as not all judges agree. As soon as this decision was reached it was out of line with socety's attitudes to homosexual relationships and privacy. Holme's argument suggests that law is not an effective tool for influencing change in the law and it actually acts as a harsh social control by enforcing discriminatory views that are not widely accepted in society anymore.
• In conclusion, there is a clear relationship between law and society and the law attempts to balance competing interests in society to maintain stability or consensus and avoid conflict and social break-down. However, the law is not always able to maintain a balance in a pluralist society where the views are always evolving. The law is not the only thing influencing society, the family, religion, and the media have a part to play and in fact, sometimes it can be society that influences the law. The law is in place to protect the society it serves so it should be influence and changed by societal attitudes rather than the other way round.