Law and Society

Question 1

Society

Answer 1

A group of people with common territory, interaction and culture.

Question 2

What would a sociologists call society?

Answer 2

A group of people who live in a defined area, share culture and are often subject to same political authority and culture expectations.

Question 3

Pluralistic

Answer 3

Members of minority groups maintain cultural traditions.

Question 4

Positives of pluralistic

Answer 4

Promotes tolerance so people are happier.
Broaden thinking and intelligence.
Traditions and cultures preserved.

Question 5

Negatives of pluralistic

Answer 5

Groups become more isolated
Lead to power struggles among groups
Less tolerance if difficulty created between groups

Question 6

Durkheim

Answer 6

Impossible to identify morality which fits all.

Question 7

Four key roles of law in society

Answer 7

To protect
To ensure common good
To settle arguments and disputes
To persuade people to do the right thing

Question 8

To protect

Answer 8

Protect from harm through mechanisms of criminal law.

Question 9

To ensure common good

Answer 9

Provide facilities for all education and health

Question 10

To settle arguments and disputes

Answer 10

Incorporates our civil legal justice system

Question 11

To persuade people to do the right thing

Answer 11

Giving nudges through law
Charity gift aid

Question 12

Social norms

Answer 12

Polite
Queuing

Question 13

Deviant behaviour

Answer 13

Drug abuse
Theft

Question 14

Lord Bingham’s eight principles

Answer 14

Abide by domestic and international law.
Punished for crimes set out in law.
All people should be treated equally.

Question 15

What happened as a result of Gay rights consent protests for under 21’s?

Answer 15

In 2020 aged was lowered.

Question 16

What happened as a result of Poll tax riots 1990?

Answer 16

In 1993 eventual abolition of Council tax

Question 17

What happened as a result of the miner’s strike 1984?

Answer 17

Failure to prevent mine closures.

Question 18

Recent examples of civil unrest

Answer 18

George Floyd protests
Covid protests

Question 19

Competing interests

Answer 19

Balance of competing interests within society.

Question 20

Sarah’s law

Answer 20

Girl kidnapped and murdered by known paedophile.
Led to disclosure of whereabouts of paedophiles.

Question 21

Snowdrop campaign

Answer 21

Gunman killed teachers and school children. Banned most fireman’s.

Question 22

Dangerous Dogs Act 1991

Answer 22

6 year old girl attacked. Banning of specific breeds.

Question 23

Criticism of Dangerous Dogs Act 1991

Answer 23

Unfair targeting
No recognition of dog behaviour.

Question 24

Steph Lawrence

Answer 24

Killed in racist attack
Law changed double jeopardy can be tried twice for same crime.

Question 25

Social control

Answer 25

Refers to way societies regulate behaviour to maintain order and stability.

Question 26

Informal social control

Answer 26

Family, local community

Question 27

Formal social control

Answer 27

Police, Judges

Question 28

Roscoe pound

Answer 28

Three key functions that protect an individual

Question 29

What does social control do?

Answer 29

Maintain order Function without chaos Police boundaries and deals with deviant behaviour

Question 30

Social control fail

Answer 30

When the law is weak or enforced without consistency.

Question 31

Assisted Suicide

Answer 31

CPS does not prosecute many for offences.

Question 32

Joint enterprise

Answer 32

Removal of gangs.

Question 33

Joint enterprise example

Answer 33

Gnago

Question 34

Self defence and householders

Answer 34

Many argue needs to be a balance allowing householders to decide appropriate force when confronting burglars.

Question 35

What's the prosecution for self defence and householders?

Answer 35

No prosecution in most circumstances for personal attack in home.

Question 36

Consent cases

Answer 36

(Brown) (Wilson)

Question 37

What did Lord Templeman say about consent?

Answer 37

Lord Templeman said issues of policy and public interest should be weighted in balance.

Question 38

What did Lord Mustil say about consent?

Answer 38

Individuals should be free to live as they want.

Question 39

Overall on Conflict

Answer 39

Differing opinions about how society views activities that are consensual but offend the public.

Question 40

Tort

Answer 40

Difficult to decide what party's interest should take precedent.

Question 41

Tort cases

Answer 41

Bolton Miller

Question 42

(Bolton) (Miller)

Answer 42

Interest of small section of society.

Question 43

Durkheim

Answer 43

Certain crime in society is healthy but too much is harmful.

Question 44

Merton

Answer 44

Some institutions within the system can be harmful for society.

Question 45

Consensus theory

Answer 45

Social change takes place social institutions provided by it. Absence of conflict creates equilibrium

Question 46

Conflict theory

Answer 46

Social change is due to constant conflict

Question 47

What did Marx say?

Answer 47

Main conflict in society is due to wealth and inequality generated by capitalism which encourages greed and self interest .

Question 48

Access to Justice

Answer 48

Dependent on wealth Pro Bono cult Conditional fee agreements

Question 49

Pro Bono cult case

Answer 49

McLibel

Question 50

Labelling theory

Answer 50

Labelling creates deviant individuals Social stigma to certain behaviour can lead to self fulfilling prophecy.

Question 51

Labelling theory statistics

Answer 51

387,448 Stop and searches on ethnic minorities. Searches on ethnic minorities three times likely. Black people 6 times likely to be stopped.

Question 52

Magistrates and Stereotyping who?

Answer 52

House of Common Select Committee Report October 2016

Question 53

What's the argument about Magistrates and Stereotyping?

Answer 53

Diversity in magistrates should be increased, Age profile of magistrates should be rebalanced

Question 54

Statistics about Magistrates and Stereotyping

Answer 54

53% magistrates Women 89% magistrates White 86% magistrates over 50

Question 55

Realist approach to law making

Answer 55

Theory we should understand how law is practised in courts

Question 56

What are realists interested in?

Answer 56

Law rather than society

Question 57

What laws do they see as important?

Answer 57

Laws enacted by judges Dissenting judgements in court of appeal, Supreme Court, ECHR

Question 58

Concerns about Realist approach

Answer 58

Different judges presiding over the case can different judgements. Interests at expenses of others.

Question 59

Different judgements case

Answer 59

Brown