Law and Society

Cards (49)

  • The relationship between law and society: How one influences the other
    • Law reflects society
    • Law in a pluralist society
    • Media, society and the law
    • Law as a social control mechanism
    • Synoptic examples of societal values reflected in law
  • Definition: Society is a group of individuals sharing: common identity, frequent interaction and shared culture
  • Law reflects society
    Law serves as a dynamic mirror reflecting and shaping the evolving values, morals and norms within a society
  • Law reflects society
    Interconnected relationship
    • Law both influences and is influenced by societal changes, highlighting its dual role in shaping and responding in public attitudes
  • Law reflects society
    Cultural significance
    • The legal framework within a country often encapsulates its historical and cultural developments
  • Law reflects society example
    • Smoking ban through Health Act 2006
  • Law in a pluralist society
    Cultural diversity in Britain
    • Rich diversity from historical invasion and mass migration
    • Society characterised by varied beliefs, languages and values
  • Law in a pluralist society
    Integration and equality
    • Minority groups maintain their unique beliefs while integrating into the wider society
    • No group is legally more influential than another
  • Law in a pluralist society
    Fundamental British values protected by law
    • Democracy
    • Rule of Law
    • Individual Liberty
    • Respect and Tolerance
    These values affect our morals and values we keep in our society
  • Law in a pluralist society
    How society shapes law:
    • Media
    • Protests
    • Strikes
    • Public petitions
    • Lobbying government officials (Link to Law Reform)
    EG: Abortion Act 1967 and Dangerous Dog Act 1991
  • Media, society and the law
    Media as a social influencer
    Media shapes public perception and societal norms in the UK through coverage of critical events and legal issue
  • Media, society and the law
    Media and the law
    • Media coverage can drive legislative changes by influencing public opinion and creating pressure on lawmakers
    • A moral panic is an intense public fear about an issue, often exaggerated by media, leading to swift societal and legislative responses
    Moral panic: Dangerous Dog Act 1991 and Sarah's law
  • Law as a social mechanism
    Two types of social control: Informal and formal
  • Law as a social control mechanism
    Formal social control = Enforced by dedicated agencies to ensure conformity to norms. Agencies include the law, police and courts
  • Law as a social control mechanism
    Informal social control = Informal social control is exerted by non - regulatory institutions. EG Family, education, religion, mass media and peer groups
  • Law as a social control mechanism
    Formal social control - Social control by legal institutions:
    • Police
    • CPS
    • Criminal Courts
    • Prison
    • Probation
  • Synoptic examples of societal values reflected in law
    Criminal law: Theft
    • S.1 of the Theft Act 1968 criminalises the dishonest taking of property with intent to permanently deprive the owner
    • Law reinforces societal norms against unauthorised property appropriation, ensuring respect for personal and communal property rights
  • Synoptic examples of societal values reflected in law:
    Tort law: Occupiers' Liability
    • Occupiers' Liability Acts 1957 and 1984 mandate that property occupiers must ensure visitor and trespasser safety
    • embodying societal standards for responsibility and safety on one's property
  • Synoptic examples of societal values reflected in law
    Contract law: Consumer protection
    • Terms outlined in the Sale of Goods Act 1979 and the Consumer Rights Act 2015 regulate business practices
    • ensuring fair trade and consumer rights protection, which supports societal expectations of fairness in commerce
  • Sociological theories and the role of law
    • Consensus theory (Functionalism)
    • Conflict theory (Marxism)
    • Interactionalist theory (Labelling)
    • Realism (Left and Right)
  • Consensus theory - Durkheim and Merton
    Durkheim's 'Consensus theory' suggests law reflects and enforces a 'collective conscience' where society agrees on 'goals, values and behaviour
  • Consensus theory - Durkheim and Merton
    Issue of inequality: Problems arise when societal goals (financial success or home ownership) become unattainable due to inequality
  • Consensus theory - Role of law in society
    View of law: Law is a took that reflects the collective, conscience of society, enforcing shared norms and values to maintain social order
    Reflection of society: Consensus theory posits they laws directly mirror societal values, as they emerge from common agreement
  • Consensus theory - Role of law in society
    Laws change as the collective conscience evolves, closely aligning with societal shifts
  • Conflict theory
    Conflict arises when resources, status and power are unevenly distributed
    Marx perspective: Focuses on class conflict between the bourgeoisie (owners) and the proletariat (workers)

    UK Context: Reductions in the Ministry of Justice's budget leading to less access to legal advise, affecting justice and fairness
  • Conflict theory: Role of law in society
    View of law: Law serves as an instrument of control used by ruling classes (bourgeoisie) to maintain power and suppress the lower classes (proletariat)
    Reflection of society: According to conflict theory, law reflects the interests of the powerful rather than the consensus of the masses
    Highlights societal divisions rather than unity, often enforcing the status quo that benefits the dominant classes
  • Labelling theory
    • Acts are deemed deviant only when society labels them as such
    • Becker met describes agents like the media and police as 'moral entrepreneurs' who enforce societal norms
    • Labelling can lead to a self fulfilling prophecy, where labelled individuals are excluded, deepening social divisions
  • Labelling theory
    • Role of law creates labels. Good/bad. Creates stereotypes
    • Society's reaction to it  doesn't help
    • The legal system is to create labels
  • Labelling theory process:
    1. Labelled
    2. Stigma prevents integration
    3. Increases chance of re offending
  • Labelling theory: Role of law
    View of law
    • Law is a means of labelling certain behaviours as deviant
    • Significant focus of the role of societal reaction in defining deviance
  • Labelling theory: Role of law
    Reflection of society
    • Law reflects how societal groups create norms by labelling some actions and normal and deviant
    • Often mirrors the biases and stereotypes prevalent in society impacting those labels as 'outsiders'
  • Realism = Legal realism posits that laws based on judicial decisions reflecting current societal conditions rather than abstract ideas
  • Left realist
    • Blame deprivation (economic inequality)
    • Crime affects disadvantaged groups who often are the main victims
  • Role of law: Left realist
    View of law:
    • Left realism argues that law should address the practical realities of crime
    • Focusing on the socio - economic factors that lead to criminal behaviour, disadvantaged groups
  • Role of law: Left realist
    Reflection of society:
    • Law reflects society to the extent that it recognises and attempts to rectify social inequalities
    • Left realists often critique the law for not adequently addressing the root causes of crime due to systemic ideas
  • Right realism
    • Harsher punishments compared to left realist
    • Sees crime as a significant issue that eroads community bonds and social cohesion
    • Has shaped UK policy towards a 'zero tolerance' approach to crime
  • Right realism
    Causes of disorder:
    • Biological disorder - XYY theory
    • Socialisation and the underclass
    • Rational choice theory
  • Role of law: Right realism
    View of law
    • Right realism realism for strict law enforcement as a deterrent against crime
    • emphasising 'zero tolerance' policies to restore order and moral discipline within society
  • Role of law: Right Realism
    Reflection of society:
    • Right realism reflect a view of society that sees rising crime as a result of moral decay and inadequate socialisation
    • Seeks to enforce a return to traditional values and harsh penalties to deter criminal behaviour
  • Consensus theory - Durkheim's collective conscience
    Does align with theory
    • UK's legislation on healthcare and safety Health and Safety at work Act 1974
    • Importance of protecting worker health and safety, now laws mirrors collective values