Concepts of law- all papers Flashcards
(4 cards)
1
Q
Balancing conflicting interests: Von Jering V Pound.
A
Von Bering: 1st to introduce public v private interests.
Pound: public interest will always be prioritised over private interests.
2
Q
Balancing conflicting interests: Marx V Bentham.
A
Marx: believes the law favours the higher classes, there will be inequality till no more class division.
Bentham: happiness is most important, will favour whatever makes the majority happiest.
3
Q
What is meant by interests?
A
Mutual rights and responsibilities/ duties.
4
Q
What is meant by balancing?
A
Weighing up both sides, often in terms of fairness.
