Law And Society

Question 1

Paragraphs

Answer 1

Role of law in society

Fair labelling

Consensus and conflict

Legal relealism

Question 2

P1
Role Law in society person

Answer 2

Lord Bingham

Question 3

P1
What did lord bingham stated about the role of law

Answer 3

Protect public
Promote common good
Resolve disputes
Persuade people to behave in particular way

Question 4

P1
Protect public

Answer 4

Lord Bingham

Retribution in sentencing - custodial sentence out of population

Question 5

P1
Common good

Answer 5

Lord Bingham

NHS
Free education
Emergency Services

Question 6

P1
Resolve disputes

Answer 6

ADR
civil and criminal courts

Question 7

P1
Persuade people to act in particular way

Answer 7

Detterence in sentencing
Liability of being sued

Tax Benefit Of donating to charity

Consequences of breach of contract ensure people follow legal contract and obligations

Question 8

P1
Society can influence law

Answer 8

pass laws to reflect society at elections - abortion act, buldger killers, Nottingham knife crime

Private member bill

Question 9

P2
Fair labelling theorist

Answer 9

Becker

Question 10

P2
What is fair labelling

Answer 10

Labelling people as criminals creates a self for filling prohacy

Question 11

P2
Fair labelling example

Answer 11

S20 can be reckless yet 18 is direct but high labelled as commiting GBH

Question 12

P2
Issue with labelling in society

Answer 12

Prejudice- stop and search -

Question 13

P2
How are dependent labelled fairly

Answer 13

Rehabilitation of offenders act 1974

10 years after indictable offence can sit for jury

Question 14

P3
Consensus theorist

Answer 14

Durkheim

Question 15

P3
Consensus theory

Answer 15

Society works as most people share values
through family and education which creates consensus as people show appropriate and same behaviour

Question 16

Conflict thorist

Answer 16

Marx

Question 17

P3
How is society in state of conflict

Answer 17

Society is in constant state of conflict over limited resources

Question 18

P3 conflict theory example

Answer 18

Custodial sentence -37,500 - might not send D, hospital orders are more expensive

Limited funding to legal aid - 42% cut

Question 19

P4
Legal realism theorist

Answer 19

Holmes

Question 20

P4
What is legal realism

Answer 20

True law is not what is in statues but what is actually played out in courts

Question 21

How is there legal realism

Answer 21

Statutory interpretation- changes in act to avoid absurd, fill gaps
Lay people - jury and mags - perverse
Judges discretion in sentencing
Common law
Political factors
Obvious as if there was legal realism no lawyers would be needed

Question 22

Side of argument

Answer 22

Law DOES reflect society

Question 23

How does legal realism reflect society

Answer 23

As law is not what is written in act but what judge and lay people find moral

Question 24

Political factor example

Answer 24

Buldger killers tried as adult
Nottingham stabbing