Society

• Society - A group of people from the same geographical area, governed by the same laws and values. They may share the same aspects of culture, such as language, beliefs, values, religions and behaviours
• 1. Role of law in society

  • The role of law refers to the idea that everyone in a society agrees to be governed by and follow the laws of society - these shape our norms and values
  • Lord Bingham - law plays 4 primary roles in society: ensure common good, protect people from harm, settle arguments and disputes, and persuade people to do the right thing
  • One example of how society has shaped the law through civil disobedience is gay rights activists campaigning for the age of consent for homosexuals to be lowered from 21
  • One example of the influence of the media is the Dangerous Dogs Act 1991
• 2. The law as a social control mechanism

  • Law has rules for controlling our behaviour - this can be through formal (specific agencies who have a role in maintaining order, e.g. police) or informal mechanisms (e.g. family, peers)
  • Roscoe Pound states that human nature requires social control, which can be maintained by the courts balancing the conflicting interests that exists, e.g. social, individual and public interests - The law's primary objective is to create balance and harmony in society and that the law should intervene when these interests conflict
• 2. The law as a social control mechanism

  • Criminal law example - Consent can be a complete defence to non-fatal offences, but the defence is applied strictly to balance the interests of freedom of the individual and protecting society, e.g. the cases of Brown and Wilson
  • Tort law example - In negligence claims, the courts must balance the interests of the claimant and the defendant, e.g. claims against the police, like the case of Robinson v CCWY
• 3. The way in which the law creates and deals with consensus and conflict

  • Consensus theory - Durkheim: Society works because most people are socialised into shared values through family and education, society should be in agreement about what laws are needed, which keeps society together and controls it. Social norms lead to a collective conscience
  • Conflict theory - Marx: Society is in constant conflict due to competition for limited resources, so social order is maintained by domination and power. Those with wealth and power hold onto it by supressing the poor and powerless
• 4. The realist approach to law making

  • Legal realists believe in common law rather than law made by Parliament - they believe in how the law is actually applied, not the contents of the acts
  • Left realism - Marx: Inequality is the main cause of crime. The main way to reduce crime is through education and rehabilitation rather than punishment
  • Right realism - Charles Murray: Individuals are responsible for crime due to the need for immediate gratification. The best way to reduce crime is through harsher punishments, like longer prison sentences, and increased surveillances