Law and society

Question 1

introduction - what is the role of law

Answer 1

or shape social norms behaviours e.g the abortion act 1967 legalising abortions and the sexual offences act 1967 legalising homosexuality —> society has the ability to influence law through protests and lobbying

Question 2

introduction - what does Durkheim say about society

Answer 2

pluralism society makes it difficult for law to influence & change society’s morals as there are no shared morals

Question 3

Paragraph 1 (role of media) - what effect can media have

Answer 3

media can influence both law and society leading to changes in law enforcement e.g Sarahs law —> passed requiring police to maintain register of convicted pedophiles

Question 4

paragraph 1 (role of media) - what do some critics say

Answer 4

law can have a knee-jerk reaction to morel panics in society fuelled by media e.g passing poorly drafted dangerous dogs act 1991 & more recent statutory instrument on the ban of XL bully dogs

Question 5

Paragraph 1 ( role of the media) -how can the government use media

Answer 5

as a tool to influence society’s views —> right wing newspapers highlight anti-immigration stories concerning illegal immigration, asylum seekers & terrorism —> Rwanda bill is and example of this

Question 6

Paragraph 1 (role of the media) - what does Stanley cohen say about media coverage

Answer 6

there is more media coverage of youth violence & knife crime, police responds more forcefully to future events —> creates conflict —> deviant application spiral occurs —> creating moral panic

makes issues look bigger than they actually are

Question 7

Paragraph 2 (Law as social control mechanism) -

Answer 7

law can influence society through role of social control mechanisms—> identified by Rosco Pound in book = Social control through law —> social control is essential otherwise there would be chaos

law influences informal social controls such as the family and religion —> results in creating social norms that are shared by society

Question 8

Paragraph 2 (Law as social control mechanism) - what had happened due to decline in influence of the family and religion

Answer 8

law has become more influential with regards to social formal control - police,prisons,judiciary & parliament - evident through overcrowded prisons

examples are assisted dying being illegal due to it being open abuse ( PAUL LAMB & NOEL CONWAY)

law of consent where some level of harm can be consented to (sport BARNES) but others cannot (said mascochistic sex BROWN, EMMETT)

Question 9

paragraph 3 ( Consensus v Conflict) - What is the consensus theory

Answer 9

Durkheim - social order is produced by being socialised into shared norms & values through institutions such as the family or education

law help creat consensus as laws are made by parliament and enforced by police/ courts

good behaviour is rewarded and bad behaviour is punished

Question 10

paragraph 3 (consensus v conflict) how is the consensus theory supported

Answer 10

by the influence of ordinary lay people (jury, magistrates) in the CJS but it can ignore inequality in the legal system & uk is pluralist society

Question 11

paragraph 3 (consensus v conflict) - what is the conflict theory

Answer 11

society is in consent conflict & social order isn’t maintain through consensus but through e domination & power of institutions such as parliament over the powerless

Question 12

paragraph 3 (consensus v conflict) - how is the conflict theory supported

Answer 12

by the fact that the working class & ethnic minority are disproportionately the criminal offender —> March 2023 statistics show that black people are 5 times more likely to be stopped and searched —>

its perhaps too extreme in democracy where to a large extent citizens are law biding and share a common disgust for most crime

Question 13

paragraph 3 (consensus v conflict) - labelling theory

Answer 13

influence can be seen through the labelling theory —> certain groups are labelled as criminal which produces subcultures who comfort label —> becomes self fulfilling prophecy

Question 14

paragraph 4 (realist approach to law making) - what is this approached based on

Answer 14

judges are important than parliament as so laws should understood as its practiced in the courts by judges

Question 15

paragraph 3 (the realist approach to w making) - how is this approach supported

Answer 15

by the fact that there’s dissenting judgment in appeal courts & judges do develop law through judicial precedent

Question 16

paragraph 4 (the realist approach to law making) - what are some criticisms

Answer 16

parliament remains the main law making body under the theory of parliamentary supremacy—> role of judges is merely to apply law that is given

Question 17

paragraph 4(the realist approach to law making) - what do right realist argue

Answer 17

aim of sentencing should be for judges to show society is tough on crime —> through custodial sentences

this is an advantage of providing retribution for the victim and society —> deterring others

disadvantage = not addressing personal and social reason for the crime

Question 18

paragraph 4 ( there realist approach to law making) - what do left realist argue

Answer 18

sentencing should be based on the rehabilitation of offenders through community orders with requirements such as drug testing and treatment—> social inequality should be tackled as main reason of crime

advantage —> attacking cause of crime & reducing re-offending

disadvantage of letting down the victims of the crime and their families = too soft on the crime

Question 19

conclusion

Answer 19

law has power to influence and change society by shaping social norms and behaviours & as social control mechanisms but it may be difficult to influence a pluralist society

however society can also be influencial on shaping law and the media can be a powerful influence on both the media and society