The idea of blameworthiness and ensuring the wrongdoer takes legal responsibility
What is pluralism?
describes society now as consisting of many minority groups that maintain their independent culture while being part of society as a whole
What is society?
Minority groups often assimilate into wider society to fit in
What did Lord Bingham say?
For the law to control society there needs to be a clear set of rules that is backed up by strong enforcement and in an independent judiciary
What did Roscoe Pound say?
There is formal and informal social control that governs our behaviour
where is fault in negligence?
If a defendant has breached their duty this will indicate that they are blameworthy
Where is fault in negligence?
When testing damage, causation and remoteness ensures that the claimant is blaming the correct person for the tort and attributing the correct level of liability
Where is fault in negligence?
Psychiatric injury restricts claims against the defendant, a defendant will only be at fault if the claimant is a primary or secondary victim and satisfies their legal tests
