how laws change due to culture/time 1.2 Flashcards
(30 cards)
polygamy (culture)
-having more than one wife/husband at the same time
-polygyny - man has 2+ wives
-polyandry - woman has 2+ husbands
where is polygamy legal? (culture)
-polygyny is legal in 58 countries
-polyandry is confined to a handful of societies (mainly himalayas)
-polygamy is legal mainly in muslim-majority countries
where is polygamy a crime?
-polygamy is a crime in most countries and most muslim countries place restrictions on it
-in uk anyone who goes through a marriage while married to someone else is commiting bigamy (punishable by a fine and/or up to 7 years in prison
why does the law on polygamy vary between cultures?
-religion - the Qur’ an permits muslim men to take up to 4 wives and this is reflected in most muslim majority countries
-tradition - polygamy has traditionally been practised in some african societies although it has sharply declined in recent years
adultery (culture)
-involves a sexual act between two people when one or both is married to someone else
-however what counts as a sexual act may vary between cultures or states
where is adultery legal?
-in most countries including the UK
-It ceased to be a crime in india in 2018
where is adultery illegal?
-most societies that criminalise adultery are muslim majority
-in africa, the christian majority countries often make it illegal
-the phillipines, taiwan and 21 US states also make it a criminal offence
-punishment varies from stoning to death, caning and a fine
why does adultery laws vary between cultures?
-religon - most religions condem adultery (one of 10 commandments and shared by christianity, islam and judaism
-the position of women - laws against adultery are often in societies were women occupy an inferior position meaning the adultery laws are unequal
cannabis (culture)
-laws on cannabis vary between societies
-usually possession of cannabis for personal use is treated more lenient than growing or selling cannabis
where is cannabis legal?
-some places have legalised it for personal recreation or medical use like portugal
where is cannabis a crime?
-in the UK, possession can be punished up to 5 years imprisonment and supply is 14
why does cannabis laws vary between cultures?
-different norms/values - differences in laws to some extent reflect norms and values in a society, some governments see it as a right for the person to choose and a victimless crime
-different ides how to control drug use - some lawmakers use tough laws to deter people, others use legalisation to take it out criminal suppliers and reduce harm allowing users help
homosexuality (culture)
-sexual acts between two members of the same sex are treated as crimes in several cultures
where is homosexuality legal?
-it is legal in the UK, Europe and America and indonesia the worlds largest muslim state by population
where is homosexuality illegal?
-male homosexuality is illegal in 72 countries and lesbianism is illegal in 45
-in many countries that do allow homosexuality they wont allow same sex marriage or adoption
why do homosexuality laws vary from culture to culture?
-religion - countries were religion has a strong influence over lawmaking are more likely to make homosexuality illegal
-public opinion - some countries were religion has strong influence mean there are higher levels of public support for bans on homosexuality
-sexism - male homosexuality is illegal in more countries due to sexist assumptions that women are incapable of same sex attraction
homosexuality (time)
-same sex relationship laws have changed over time
changes over time - homosexuality
-1885 - all homosexual acts between men made a crime punishable by life imprisonment
-1967 - homosexual acts between two men 21+ made legalised in england and wales (scotland in 1980 and northern Ireland in 1982
-1994 - age of consent lowered to 18
-2000 - lowered again to 16
reasons why homosexuality laws changed
-wolfenden report 1957 - after ww2 the amount of gay men in prison increased so government set up a commitee to consider reform of laws and the report recommended legalisation
-campaigns - homosexuality law reform society successfully campaigned for change to legalise gay sex in 1967, further campaigns led to age of consent lowered
-politicians - roy jenkins supported the campaign and as home secretary he introduced the legislation in 1967
-human rights - in india, supreme court decided state has no right to control private lives
drug laws (time)
-drug laws have changed over time in many decades including decriminalisation and criminalisation
reasons why drug laws have changed over time
-basic change was the sudden and rapid growth in scale of drug addiction in portugal after 1975
-it was felt as a relatively poor country the new law would reduce cost of drug use
portuguese case (drug laws over time)
-from 2001 possession of drugs was changed to a civil offence for hard and soft drugs
-from 1930s to 1975 portugal was a right wing society but after revolution in 1975 it became a democracy which led to highest rates of addiction and soaring rates of HIV infections
gun control laws over time
- in the UK they changed due to two mass shootings: michael ryan 1987 - unemployed antique dealer shot and killed 16 people in berkshire, thomas hamilton 1996 - 16 kids and 1 teacher shot in dunblane primary school in scotland
-so law was tightened in 1997 by john major’s conservative gov banning all hand guns except one, then tony blairs labour gov banned the remaining
reasons why gun laws have changed over time
-main reason was the public outcry but two campaigns helped
-gun control network - set up by lawyers, academics and parents of victims to campaign for tighter gun laws
-snowdrop campaign - started by dunblame massacre parents and friends, organised by a petition and collected 750,000 signatures for a change in the law
