Law and Soceity Flashcards
(10 cards)
Society
Group of people with common territory, share aspects of culture with same
Pluralist
- UK
- Religious tolerance supports this, but some beliefs offend and sometimes immigrants give up their traditions to fit in (assimilation) therefore UK is a multicultural society however prejudice and discrimination keep many groups out of the political process or prevent free expression of beliefs
- To protect people against unfair use of power by the state, others or orgs, a legal system requires clear laws and guidelines, stronger enforcement structures and an independent judiciary
punished so fast conviction
Durkheim
Law is a boundary maintenance device with 2 purpose: to define sanctions and perscribe punishment
Law maintains social stability
Society can shape law by protest and strikes. Threats from small sections of society exaggerated by media to increase sales and profit through sectionalism
Law can shape social norms and behaviour
Formal social control occurs through the legal system
If the law is weak or inconsistent, it loses its influence and eventually may be changed
Wolfenden report (19757)
Societies views affecting the legal system
‘Principle of being tried by ones piers’. Jury system represents reasonable man > change
Defence for consent
Created difficulties for law enforcing control (Brown).
Lord Templemen spoke of need to balance issues of policy and public interest
R v Wilson
Lord Mustill supported rights on individual to live as they please emphasises inconsistent SC application is subject
Linked
A wider selection of magistrates is an attempt by the legal system to better represent society. Overall relationship is generally effective in protecting vulnerable individuals and in also dealing with the complexities of dealing with a pluralist society
