Law And Society Flashcards
(23 cards)
What is the definition of “law and society”?
The relationship between law and the social environment — how laws affect society and how society influences laws.
What are the two main functions of law according to Durkheim?
- Define sanctions to guide acceptable behaviour
- Prescribe punishment to deter behaviour that causes social instability
What is Durkheim’s distinction between repressive and restitutive legal structures?
• Repressive law: Criminal law – punishes wrongdoing to protect society
• Restitutive law: Civil law – restores parties to their original position (e.g. tort, contract)
What is an example of repressive law and its purpose?
: R v Brown – punishment of consensual harm to uphold public morality and deter deviance
What is an example of restitutive law and its purpose?
Donoghue v Stevenson – civil claim to restore losses due to negligence, not punish
What is social control in the context of law?
-
What is social control in the context of law?
Ways to guide and control how people behave so that society stays safe and organised
What is the difference between formal and informal social control?
• Formal: State-enforced (law, police, courts)
• Informal: Socialisation through family, peers, education, media
How do rules relate to law and morality?
• Some rules are followed voluntarily (moral norms)
• Others are followed due to sanctions (legal rules)
What is Cohen’s theory of moral panic?
Media exaggerates a threat to societal values, creating public concern and legal or social change
What are Cohen’s 5 stages of a moral panic?
- Identify a threat
- Media portrays it recognisably
- Public panic
- Official response
- Panic fades or changes occur
Give a case showing law changing due to media/public pressure/moral panic
Sarah’s Law – moral panic over child protection led to new disclosure rules
What is conformity-producing social control?
It helps people learn the expected behaviours, values, and roles in society by encouraging them to follow social norms. This happens through informal social control like family, friends, school, and the media — which teach us right from wrong through praise, approval, or disapproval. The goal is to make people willingly follow rules without needing punishment.
What is deviance-repressing social control?
This type of control deals with rule-breaking behaviour by using punishment and deterrence to stop it. It relies on formal social control — like the police, courts, prisons, and legal rules — to discourage people from acting in ways that go against society’s expectations. The aim is to protect society by punishing those who break the law and warning others not to do the same.
What is Durkheim’s consensus theory?
• Society functions through shared values taught by institutions
• Law reflects these values and punishes deviance to protect social order
One criticism of consensus theory
It might blame groups with less power Marginalised - (like poorer people or minorities) for crime, instead of asking if the system itself is unfair — like how stop and search is used more on certain communities.
What is Marx’s conflict theory of law?
• Law protects the powerful and wealthy
• Social order is maintained by domination, not agreement
One criticism of marx conflict theory
It focuses too much on the idea that law only protects the rich and powerful, which makes it seem overly political. This ignores the fact that many laws are actually made to protect ordinary people — for example, the Consumer Rights Act 2015 protects shoppers, and employment laws protect workers from being treated unfairly. So, not all law is about keeping the powerful in control.
What is Becker’s labelling theory?
• Those in power label others (often the working class or minorities) as deviant
• The label becomes internalised, causing more deviance (self-fulfilling prophecy)
One criticism of Becker labelling theory
It gives offenders victim status and ignores the actual victims of crime
How do left and right realists view crime and law differently?
• Left realism: Crime caused by inequality – needs community support
• Right realism: Crime is individual choice – needs strong punishment and deterrence
How does the law balance public and private interests in society?
The law balances public interests like safety and security with private interests like personal freedom and property rights. When these clash, the law decides which should be protected in each situation.
Give examples of cases where conflicting interests were balanced by the law.
• Miller v Jackson: Cricket club’s activities vs homeowner’s right to quiet and safety
• Kennaway v Thompson: Noise from boat racing vs neighbour’s peace
• R v Brown (1993)This case balances public interest in preventing harm against individual freedom to consent to activities
