Balancing conflicting interests Flashcards
(5 cards)
- balancing conflicting interests- paragraph 1- intro
In law, there will always be conflicting interests and the law should ensure that all interests are considered and balanced. The courts will try to ensure that the rights, obligations and responsibilities of both parties are managed and judged fairly. For example, if a claimant suffers loss due to the defendants breach, their interest lies in receiving compensation. The D will be responsible for paying an amount that is reasonable. This balances the interest of both parties. The law must balance both the claimant and defendants conflicting interests to produce a just result.
- Balancing conflicting interests- Paragraph 2- Marx
Karl Marx believed the only way to achieve justice and fairness was to balance conflicting interests in society. If interests are not balanced, society will be oppressive- meaning if the law is too strict in that it removes our rights an liberties, it will not be in our best interest.
- Balancing conflicting interests- paragraph 3- Bentham
Jeremy Bentham believed in the principle of maximising human happiness and diminishing pain. He believed that achieving maximum happiness could only take place by balancing the different interests that exist in society.
- Balancing conflicting interests- Paragraph 4- Von Jhering
Von Jhering suggested that society needed law to regulate the conflicts that would inevitably arise between the many different interests and argued that law acted as a mediator between these various competing interests.
- balancing conflicting interests- paragraph 5- Roscoe Pound
Finally, Roscoe Pound believed that the law should act as an engineering tool to balance the interests between conflicting parties. However, he believed that private interests should never be balanced against public interest because public interest will always prevail.
