Law and Society

Question 1

Introduce

Law and Society

Role of Law [Clear set, easily accesible]
Theory [ordering, competing, regulation]
Role of Society [important, needs, influenced]

Rudolf Von Jhering

Answer 1

• Law’s main role is to create a clear set of laws, that are easily accessible to anyone

Rudolf Von Jhering - Law is a means of ordering society, where there are many competing interests which require regulation.

• Role of society is important in English Law, law must meed needs of modern society, citizens can and have influenced law change.

Question 2

Explain

The Consensus Theory

Definition [Influence, consensus, socialised to confrom]
Theorist [Consensus, acceptable, change]
Example [ Why does it show consensus theory?]

Emile Durkheim, Murder

Answer 2

• Society influences law, law based on societies consensus, on acceptable and unacceptable behaviour, through family and education citizens are socialised to conform and not break law.

Emile Durkheim - There must be a consensus within society, so everyone understands acceptable behaviour and conduct, any legal changes have to be made with publics consensus.

Murder - Shows Consensus Theory. majority of people in society have consensus and agree murder is not acceptable behaviour.

Question 3

Explain

The Conflict Theory
Definition [Tool of control, dominate and achieve]
Theorist [conflict and competition, limited]
Example [How does this show Conflict Theory?]

Karl Marx, Legal Aid

Commie Punks fuck off

Answer 3

• Law is used as a tool of social control, by upper class to dominate working class, to achieve their own goals.

Karl Marx - Thinks society is in state of conflict and competition over limited resources like Money.

Legal Aid - Not a fair share of resources, those with money can pay for representation, poor get no legal aid such as in defamation, so an imbalance of resources.

Question 4

Explain

The Labelling Theory
Theorist [Behaviour defined, unlawful if stated, stereotypes]

Howard Saul Becker

Answer 4

Howard Saul Becker - Behaviour of citizens defined by law not social attitude, act unlawful if law makes it, if similarities with those who commit the crimes, then stereotypes are created.

Question 5

Explain

Formal Social Control
Definition [In place, outlines, police]
Theorist [engineer and structure, framework]
Example 1 and 2 [How does it control society?]

Informal Social Control
Definition [Grpups. community, enforce, conform]
Example [How is this shown?]

Roscoe Pound, Sentencing Guidelines, Vicarious Liability, Behaviour

Answer 5

Formal
* Put in place by Parliament and the Government, Acts outline legal rules, and formal instiutions like police enforce this.

Roscoe Pound - Law is a tool to engineer and structure society, legal rules create a framework for a better society.

Sentencing Guidelines - Controls society as punishes those who break law effectively.

Vicarious Liability - Encourages vigilance, formal control, employer liable for employee and gets formally punished.

Informal Social Control
* Occurs through social groups, communities or families, enforce law informally by creating social norms to teach citizens to conform to law.

Behavioural Policies in schools - Punished for bad behaviour, informal punishment.

Question 6

Evaluate

Public Morals

• Morals change overtime so law needs to be updated to make law effective and respected.
• What changed acceptance of abortion? What did this make Parliament Create?, what case law also allowed nurses in?, what did this make abortion? Would people follow?
• Is it fast to change? This makes the law not respond to? With AI, what is made that law hasn’t fully caught up with? What is society that makes it hard to please everyone?

Abortion Act, RCN v DHSS. AI Use

Answer 6

• Acitivism and womens right movements, abortion more acceptable so created Abortion Act 1967, and allowed Nurses to perform the procedure in RCN v DHSS, abortion is widely available, and people will follow the law.
• Slow, needs of society for future issues, AI videos being used as evidence in court with advancements in AI video generations, law hasn’t caught up with societies need. Pluralistic

Question 7

Evaluate

Media

• Media brings both positive and negative changes to law to change society.
• What can media highlight in politics? What can media create for issues? What does this allow for? However what can a moral panic do in law making? What did the media over-exxagerate and what did this make parliament have to do? Why did they do it? What kind of reaction was it?
• What do moral panics not represent? Why was the law rushed? What did this lead to? How can media funding effect bias?

Dangerous Dogs Act 1991

Answer 7

• Poltical Agendas, injustice, allows for change in law and society, lead to bad laws, dog attacks, pass Dangerous Dogs Act 1991 to stop mass hysteria, knee-jerk.
• A real or genuine issue fully, out of panic, lots of mistakes, person or corporation funding uses media to push their own agenda that suits them, so biased news for both political sides in mainstream journalism.

Question 8

Evaluate

Conflict Theory
* Belief that upper class use law to dominate working class to give the upper class freedom.
* What does this assume for all laws? What Act protects people from oppression? What does Article 6 also allows?
* Why is this an over-generalisation and doesn’t make sense. How does Vicarious Liability disprove Conflict Theory?

Human Rights Act

Answer 8

• All laws are negative but this is not actually the case, Human Rights Act lets you challenge a breach of human rights, Article 6 allows access for the vast majority of society to a fair trial.
• Not all laws are made to dominate working class, and Karl Marx’s theories are just utopian thinking, more than two classes in the UK and Vicarious Liability protects many and hold even the upper class to account.

Question 9

Evaluate

Formal and Informal Social Control
* Law uses this to shape societies behaviour and conform people.
* Why is formal effective? However why is sentencing ineffective? Statistics?
* How does informal help control? Even though there is no punishment what does this make? However why can this be ineffective in some groups?

68%

Answer 9

• Influences citizens to conform out of fear of punishment, fails to deter as many re-offend, for youth offenders the statistic is 68%.
• Social groups set common agreed standards of behaviour, to be a good person, respect the police, follow the law. Ineffective as some groups instill bad morals into people, such as ACAB social groups or criminals that groom you into breaking the law.

Question 10

Conclusions

1) Does Law Influence Society?
2) Does society influence Law?
3) Is there a relationship between law and society?

Just flip

Answer 10

1) Law is a tool of social control, law makes some behaviours crimes to control society, and as such may help shift or create morals for the public, affects society by not 100% - Partially
2) Public morals and media influences law change, actions of society makes law de-criminalise or criminalise some behaviour. - Partially
3) Conflicts between the two, both influence each other, law must satisfy society to be respected and effective, a civilised society must conform to prevent chaos and makes law necessary. -Partially