Law & Society
Pluralism = Shared power between many groups and beliefs (tolerance)
Right Realism = conservative perspective – criminal= failing
Left Realism = society needs to intervene to stop crime
Consensus theory = agreement among citizens on what should/ not be illegal
Conflict theory= society is always in a disagreement
Labelling Theory= most people commit deviant and criminal acts but only some are
caught and punished – stop and search fell 38% for white and 13% black
Society= A group of people with common territory, interaction and culture
Lord Bingham – state must abide by law, it should be clear and precise, all people
should be treated equally, courts must be accessible +affordable, respect human
rights
Rudolf – law is a means of ordering society on which competing interests occur
Roscoe Pound – express what most of the individuals want
Wesley Hohfled – If someone has a right, someone else owes them duty (negligence)
1. MEDIA
- Positive: Media shows effect of toxic masculinity- Adolescent
- Negative: sensatialisation of minority group issues lead to viewing the issue as
worse than it is, leading to rushed laws, like Dangerous Dogs Act 1991 due to
attack by dogs on Khan (6-year-old)
2. CRIMES
- Positive: suicide is not a crime, but aiding someone is – up to 14yrs in prison
- Negative: Debby Purdy- goes against Lord Bigham’s view that public should
scrutinise gov – against human rights – wanted to die assisted by husband – law
not clear enough
- Positive: jury system – allows representatives of society as reasonable man
- Negative: Some cases – not reasonable man – Ponting – leaked info that gov
mislead parliament – was guilty under the Official Secrets
3. CRIMINAL LAW
- Positive: Self- defence householder – can use disproportionate force
- Negative: Martin was ignored after multiple burglaries – still can’t use grossly
disproportionate
- Positive: Consent – married couple can consent, and if into SOCIAL NORMS -
Wilson
- Negative: some assault not seen as crime (female genital mutilation seen as
cultural tradition)
4. TORT LAW
- Positive: Bolton v Stone & Miller v Jackson shows balance – individuals’ private
interests and cricket club; In Bolton – society’s view decision (Roscoe Pound
would agree); In Miller- Individual (NOT AGREE)
- Negative: Rise in personal injury claims – compensation made by KHS ( £1.3 bn)
Pluralism = Shared power between many groups and beliefs (tolerance)
Right Realism = conservative perspective – criminal= failing
Left Realism = society needs to intervene to stop crime
Consensus theory = agreement among citizens on what should/ not be illegal
Conflict theory= society is always in a disagreement
Labelling Theory= most people commit deviant and criminal acts but only some are
caught and punished – stop and search fell 38% for white and 13% black
Society= A group of people with common territory, interaction and culture
Lord Bingham – state must abide by law, it should be clear and precise, all people
should be treated equally, courts must be accessible +affordable, respect human
rights
Rudolf – law is a means of ordering society on which competing interests occur
Roscoe Pound – express what most of the individuals want
Wesley Hohfled – If someone has a right, someone else owes them duty (negligence)
1. MEDIA
- Positive: Media shows effect of toxic masculinity- Adolescent
- Negative: sensatialisation of minority group issues lead to viewing the issue as
worse than it is, leading to rushed laws, like Dangerous Dogs Act 1991 due to
attack by dogs on Khan (6-year-old)
2. CRIMES
- Positive: suicide is not a crime, but aiding someone is – up to 14yrs in prison
- Negative: Debby Purdy- goes against Lord Bigham’s view that public should
scrutinise gov – against human rights – wanted to die assisted by husband – law
not clear enough
- Positive: jury system – allows representatives of society as reasonable man
- Negative: Some cases – not reasonable man – Ponting – leaked info that gov
mislead parliament – was guilty under the Official Secrets
3. CRIMINAL LAW
- Positive: Self- defence householder – can use disproportionate force
- Negative: Martin was ignored after multiple burglaries – still can’t use grossly
disproportionate
- Positive: Consent – married couple can consent, and if into SOCIAL NORMS -
Wilson
- Negative: some assault not seen as crime (female genital mutilation seen as
cultural tradition)
4. TORT LAW
- Positive: Bolton v Stone & Miller v Jackson shows balance – individuals’ private
interests and cricket club; In Bolton – society’s view decision (Roscoe Pound
would agree); In Miller- Individual (NOT AGREE)
- Negative: Rise in personal injury claims – compensation made by KHS ( £1.3 bn)
