Law and society Flashcards
(10 cards)
Interaction between law and society
Law attempts to control society through regulating rules.
Lord Bingham
Lord Bingham – all laws and authority in the state should be based on laws and are entitled to the benefit of law publicity and prospectively.
How law operates
Law operates through general social control and is set out in accordance with public policy.
Main purpose of law
.Main purpose is to protect society: it ensures a common good and settles argument + diversity.
Role of each law and society
Law balances competing interests (people, groups, etc.) of the interaction.
Society ensures no anarchy & without it those more vulnerable (the weak, disabled) are less protected.
First issue
Issue with interaction of L+S is in a modern multicultural society, the interests of the majority may not agree with the minority
Second issue
May not reflect the same views of whole population – minority groups’ views may be ignored.
Roscoe Pound
Roscoe Pound – law as a tool for social engineering – making attempts to shape society with law - Process of trying to balance conflicting interests of conflicting policy.
Behaviours and manners
While behaviours and manners are guided and are as culture defines them, laws are not optional and are enforced.
Overall
Law is used as a way to discourage acts that are seen as detrimental to society, however relies heavily on subjectivity as different cultures = different views