A-Level Law OCR - Nature of Law: Steps to answering 20 mark essays
Law and Society
● Define ‘law’ and ‘society’ and discuss their relationship in the context of the question.
The law is a system of rules that determine the way we behave because it is directly enforced via policing
and courts. Sir John Salmond defined the law as ‘the body of principles recognised and applied by the
state in the administration of justice’. A society refers to a group of people with common territory,
interaction and culture, with the law being an important societal structure. Pluralism is a type of society
in which minority groups maintain their independent cultural traditions; it's a society comprising various
people of various beliefs and opinions.
● Discuss the role of law in society.
The law plays four primary roles in society: to protect people from harm, to ensure a common good, to
settle arguments and disputes regarding finite resources, and to persuade people to do the right thing. The
law strikes a balance between competing interests within society and the importance of fault. There is a
two way movement between law and society: the law can shape social norms and behaviour, whilst
society can shape the law through protests, strikes and civil disobedience.
The law can shape social norms and behaviour, evident through a number of laws that were initially
considered as being controversial, but in time have been accepted and are recognised as being beneficial.
For example, a number of laws related to driving have been accepted as reducing the number of road
accidents and deaths: the drink/drug driving limits, the compulsory wearing of seatbelts and not using a
phone while driving. Another example is the ban of smoking in enclosed areas which was initially
opposed but in time has been recognised as having great health benefits. A further example is the
legalisation of homosexuality which has led to greater acceptance and tolerance. This demonstrates how
the law shapes social norms and behaviour.
Society has demonstrated its ability to shape the law, as evident through protests, strikes and civil
disobedience. A great example is the poll tax riots during Thatcher’s premiership after she had introduced
a community charge called the poll tax. This riot resulted in the abolition of the poll tax, within a year,
and the following prime minister replaced it with the council tax. However, during the miner’s strike of
1984, they were defeated and most coal mines were closed, suggesting society isn’t always able to change
© 2024 Zafyrah Maricar. All rights reserved. No part of this document may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods,
without the prior written permission of the copyright owner. This document is the intellectual property of Zafyrah Maricar.
, A-Level Law OCR - Nature of Law: Steps to answering 20 mark essays
the law. Another great example is the gay rights protests of the 1970s to lower the age of consent for
homosexuals from 21 to 16 and ensure they had equal rights as heterosexuals. This successfully led to the
Sexual Offences (Amendment) Act (2000). Although it took quite a few years of protest to achieve full
equal rights, society was significantly able to change law. This demonstrates how society can shape the
law through protests, strikes and civil disobedience.
● Discuss the role of the media in creating moral panic.
Furthermore, the media, acting as an active agent of social change, creates ‘moral panic’ resulting in
changes within the law. Stanley Cohen stated that if someone is acting in a way that is not typical in
society, then the media tends to overreact about it, known as creating a ‘moral panic’. Such media
campaigns may lead to stereotyping. One example was the moral panic which brought the pit bull terrier
(dog breed) to public attention leading to the government’s introduction of the Dangerous Dogs Act,
deemed to be a ‘knee-jerk’ response. It mandated Britain’s first attempt at canine genocide, magnifying
the dangers of pitbulls. It was criticised for failing to address the underlying causes of dog attacks and
aggressive behaviour. Another example of a moral panic was in 2008 when the issue of knife crime was
constantly in the news, reporting that knife crime was an inner-city problem predominantly committed by
black and Asian teenagers. The media exaggerated the problem of knife crime and demanded the
government act. In fact, statistics showed that knife crime made up only 7% of all crimes in 2006. The
media also ignored the possibility that inner city teenagers were carrying knives to protect themselves
from the perceived threat to them generated by the media. The media exaggeration fueled stereotyping of
black and Asian teenagers. This demonstrates the role of the media in creating a moral panic.
● Discuss the theories behind the law as a social control mechanism, including examples of social
control through civil and criminal law.
The law acts as a social control mechanism as evident in civil and criminal law. Social control is the use
of social pressure by parents, police, and other authority figures in society to influence the actions,
beliefs, and movements of individuals. Informal social control occurs through the family, a peer group, a
local community, or a societal group. Formal pressure occurs through specific social agencies which have
the role of maintaining order in society through: the criminal justice system, law-makers and the civil
© 2024 Zafyrah Maricar. All rights reserved. No part of this document may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods,
without the prior written permission of the copyright owner. This document is the intellectual property of Zafyrah Maricar.
Law and Society
● Define ‘law’ and ‘society’ and discuss their relationship in the context of the question.
The law is a system of rules that determine the way we behave because it is directly enforced via policing
and courts. Sir John Salmond defined the law as ‘the body of principles recognised and applied by the
state in the administration of justice’. A society refers to a group of people with common territory,
interaction and culture, with the law being an important societal structure. Pluralism is a type of society
in which minority groups maintain their independent cultural traditions; it's a society comprising various
people of various beliefs and opinions.
● Discuss the role of law in society.
The law plays four primary roles in society: to protect people from harm, to ensure a common good, to
settle arguments and disputes regarding finite resources, and to persuade people to do the right thing. The
law strikes a balance between competing interests within society and the importance of fault. There is a
two way movement between law and society: the law can shape social norms and behaviour, whilst
society can shape the law through protests, strikes and civil disobedience.
The law can shape social norms and behaviour, evident through a number of laws that were initially
considered as being controversial, but in time have been accepted and are recognised as being beneficial.
For example, a number of laws related to driving have been accepted as reducing the number of road
accidents and deaths: the drink/drug driving limits, the compulsory wearing of seatbelts and not using a
phone while driving. Another example is the ban of smoking in enclosed areas which was initially
opposed but in time has been recognised as having great health benefits. A further example is the
legalisation of homosexuality which has led to greater acceptance and tolerance. This demonstrates how
the law shapes social norms and behaviour.
Society has demonstrated its ability to shape the law, as evident through protests, strikes and civil
disobedience. A great example is the poll tax riots during Thatcher’s premiership after she had introduced
a community charge called the poll tax. This riot resulted in the abolition of the poll tax, within a year,
and the following prime minister replaced it with the council tax. However, during the miner’s strike of
1984, they were defeated and most coal mines were closed, suggesting society isn’t always able to change
© 2024 Zafyrah Maricar. All rights reserved. No part of this document may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods,
without the prior written permission of the copyright owner. This document is the intellectual property of Zafyrah Maricar.
, A-Level Law OCR - Nature of Law: Steps to answering 20 mark essays
the law. Another great example is the gay rights protests of the 1970s to lower the age of consent for
homosexuals from 21 to 16 and ensure they had equal rights as heterosexuals. This successfully led to the
Sexual Offences (Amendment) Act (2000). Although it took quite a few years of protest to achieve full
equal rights, society was significantly able to change law. This demonstrates how society can shape the
law through protests, strikes and civil disobedience.
● Discuss the role of the media in creating moral panic.
Furthermore, the media, acting as an active agent of social change, creates ‘moral panic’ resulting in
changes within the law. Stanley Cohen stated that if someone is acting in a way that is not typical in
society, then the media tends to overreact about it, known as creating a ‘moral panic’. Such media
campaigns may lead to stereotyping. One example was the moral panic which brought the pit bull terrier
(dog breed) to public attention leading to the government’s introduction of the Dangerous Dogs Act,
deemed to be a ‘knee-jerk’ response. It mandated Britain’s first attempt at canine genocide, magnifying
the dangers of pitbulls. It was criticised for failing to address the underlying causes of dog attacks and
aggressive behaviour. Another example of a moral panic was in 2008 when the issue of knife crime was
constantly in the news, reporting that knife crime was an inner-city problem predominantly committed by
black and Asian teenagers. The media exaggerated the problem of knife crime and demanded the
government act. In fact, statistics showed that knife crime made up only 7% of all crimes in 2006. The
media also ignored the possibility that inner city teenagers were carrying knives to protect themselves
from the perceived threat to them generated by the media. The media exaggeration fueled stereotyping of
black and Asian teenagers. This demonstrates the role of the media in creating a moral panic.
● Discuss the theories behind the law as a social control mechanism, including examples of social
control through civil and criminal law.
The law acts as a social control mechanism as evident in civil and criminal law. Social control is the use
of social pressure by parents, police, and other authority figures in society to influence the actions,
beliefs, and movements of individuals. Informal social control occurs through the family, a peer group, a
local community, or a societal group. Formal pressure occurs through specific social agencies which have
the role of maintaining order in society through: the criminal justice system, law-makers and the civil
© 2024 Zafyrah Maricar. All rights reserved. No part of this document may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods,
without the prior written permission of the copyright owner. This document is the intellectual property of Zafyrah Maricar.
