Law and society

• Intro


  There have been many different views on the dynamic of law and society and there effect on eachother. It can be argued the law is there to protect society and to promote common good. However in a pluralistic society with different cultures, values and beliefs this is difficult to achieve. Some see the law as a control mechanism but it must strike a balance between competing rights and interests of different individuals and institutions
• Law

  Laws are rules. They are standards of behaviour that are prescribed by authorities (Parliament and judges). Laws are mandatory and must be followed. Enforced by the courts and state sanctions which applies to all in society
• Society and Culture

  Society = groups of people with common territory, interactions and culture

  Culture = defining element of society, refers to the language, beliefs, behaviour within in society. Members of society have different aspects within their cultures.

  Where there are separate societies within one culture = pluralism
• Pluralism 


  A pluralistic society is a diverse society where minority groups maintain their independent cultural traditions and all members tolerate each others beliefs even when they don't match their own

  leads to a great variety in moral views
• Law and society influence on eachother

  Laws influences change in society's morals and values as seen in legislation passed such as Marriage (same sex couples) Act 2013.

  Society helps shape law via strikes + protests in order to fight for change . This type of pressure can create problems such as threats from small sectors of society are exaggerated by media - causes moral panic
• Dangerous Dogs Act 1991 


  attack on 6 year old and another 10 attacks. Act rushed and through parliament. 4 types of dogs being banned in UK

  XL Bully Ban
• Role law plays in society

  Law plays vital role in society. Needs to be clear set of rules that are easily accessible which will seek to protect minority groups + individuals. Law has a role in shaping social norms + behaviours + can be used as a control mechanism. By using law to control behaviour and order, people will be protected. Achieved through substantive law such as punishment in criminal and damage in civil. Law ensures common good eg educations/NHS which attempts to install values and behaviours
• Social Control

  the way in which behaviour, thoughts and appearance are regulated by the norms, rules, laws and social structures on society. Can be informal (family, peer groups) or formal (specific groups such as CJS). Following decline of family and religious institutions the law has greater control over society. Social control = necessary to maintain social order. Makes society possible by policing the boundaries and dealing with deviance.

  eg assisted suicide = forbidden bc of potential for abuse
• Criminal law - self defence and consent 


  SD - allows householders to decide appropriate amount of force to be used when confronting burglar. Person may only use reasonable force not disproportionate (Martian, Clegg + S.76(6) Criminal Justice + Immigration Act 2008). Homeowners - S.43 Crime + Courts Act 2013 - grossly disproportionate = reasonable

  Consent - if V consents - D escapes liability. Brown + Wilson show how courts balance interests of D against V. Public can be socially controlled as to what they can and cannot do.
• Contract Law - Consumer protection + 3rd party rights 


  CP- protect consumers = CRA 2015 - return goods in 30 days if they are defective and get a refund. Act = criticised for protecting consumers at the expense of businesses. Social control for businesses

  3rd Party - act provides more rights than the parties themselves
• Tort Law - Tort of nuisance 


  Shows how far a person can have various activities on their land but if this caused a nuisance to their neighbour or anyone affected. The law will remedy this and provide adequate remedies where needed
• Consensus Theory 


  political or economic system = fair

  Social change should take place within social institutions. Society works because people are successfully socialised into shared values through family and education. Socialisation produces agreement about appropriate behaviour and beliefs. However assumes all institutions are the same same and will end up with the same consensus
• Conflict Theory 


  Karl Marx claims that society is in a state of perpetual conflict due to competition for limited resources. So is maintained by domination and power. Conflict can be seen between individuals (negligence) and individual and the state (Theft, murder etc). This does not suggest a cure for the conflict other than eliminate capitalism
• Labelling Theory 


  most people commit deviant and criminal acts but only some are caught and punished. LABELLED. Society will conform to stereotypes e.g knife crime in London = young male black british stereotype

  This is unfair and unjust to those who are labelled and may effect their life chance.
• Left Realism 


  main cause of crime = inequality, marginalisation, relative deprivation and subcultures. The working class are the main victims

  We should provide employment, living wages and affordable housing
• Right Realism 


  individuals make a rational choice to commit crimes

  need zero tolerance policy, more CCTV, neighbourhood watch