LAW P2 Q9 (Law and society) Flashcards
(12 cards)
What is the first point of the law and society tort para?
(L&S INTERACT)
Law and society interact in such a way that law attempts to control society through regulation, requiring a clear set of laws that are freely and easily accessible to all.
What is the second point of the law and society tort para?
(Lord bingham)
Lord bingham set out in his book, the rule of law, that all authorities within the state, are bound by and entitled to the benefit of the law publicly.
What is the third point of the law and society tort para?
(The significance)
The significance of this is that law is set out in accordance with public policy and is used as a mechanism of societal control.
What is the fourth point of the law and society tort para?
(Main purpose)
The main purpose of law in society is that it protects people from harm, ensures a common good, and settles arguments and disputes.
What is the fifth point of the law and society tort para?
(One example)
One example of this is remedies, where damages and injunctions aim to discourage or prevent the committing of a tort.
What is the sixth point of the law and society tort para?
(Societal control)
Societal control prevents the likelihood of anarchy, which could negatively impact those less able to protect themselves such as children or those who are disabled.
What is the seventh point of the law and society tort para?
(One issue)
One issue of the interaction of law and society is that the law can be slow to keep up with societal change, leading to outdated and potentially unjust laws.
What is the eighth point of the law and society tort para?
(This concept can be seen)
This concept can be seen in occupiers’ liability, where in the case of British railway board v Herrington lord Pearson argued that the law in respect to whether trespassers are owed liability had become outdated due to changes in social conditions.
What is the ninth point of the law and society tort para?
(Due to the decline)
Due to the decline of family and religious institutions, law has become the paramount agency of societal control.
What is the tenth point of the law and society tort para?
(positives)
Positives of the interaction of law and society are that it is able to deter behavior that is deemed as negative, therefore providing public good for all.
What is the eleventh point of the law and society tort para?
(However)
However, the law can often be slow to change which can lead to injustice and sometimes resentment, as well as the fact that many in society do not hold the same views.
What are all 11 points of the law and society tort para?
- Law and society interact
- Lord bingham
- The signifiance
- The main purpose
- One example
- Societal control prevents
- One issue
- This concept can be seen
- Due to the decline
- Positives of te
- However the law can be