law and society Flashcards
how does law relate to society?
its a form of social control to keep order in society
the aim of criminal law is to maintain law and order, as well as protect society
the aim of civil law is to protect the rights of individuals and organisations
what are rights/interests?
principles identified by individuals and/or states as being of fundamental importance
individual interests = survival, safety, healthcare etc
state interests = physical security, financial security
how does the law balance conflicting interests?
between individuals = usually dealt with using substantive laws,
between an individual and the state = usually dealt with using procedural laws
who are some key theorists on enforceable rights and conflicting interests?
-Bentham (utilitarianism, strongly in favour or individual legal rights as opposed to natural ‘god-given’ law)
-Von Jhering - ‘struggle for law’
-Pound - social engineering, emphasising the importance of social relationships in developing the law
what are some key cases on balancing competing interests?
-Miller v Jackson - cricket club vs neighbours
-Kennaway v Thompson - partial injunctions
-Evans v UK - destruction of embryo’s
