Law & Society^ Flashcards
(18 cards)
Society
A group who coexist to meet their needs in a common geographical territory
legally: population subject to a particular legal system’s authority
Macro Level Analysis
broad society-wide impact
- minimum wage and taxation
Example: Human Rights Act 1988
- gave basic rights protections
Meso Level Analysis
how laws affect specific groups or institutions
housing laws have a bigger effect in rural areas
legal reforms can redistribute power between professionals
- The Legal Services Act 2007: change dynamic between lawyers
Example: anti-discrimination legislation
- has diff challenges/outcomes in diff sectors (education)
Micro Level Analysis
how ind experience interact with law
laws create motivation that shape ind choices
criminal law affects decisions about acts
- ABH & GBH: 5 years in prison
Legal Realism
judge’s experiences and opinions influence their decisions
reject the idea that law is a closed, logical system where judges just apply rules for a predetermined decision
laws should be evaluated based on their RL effect rather than their logical consistency
Standley Cohen
Studies how society handles criminals
Society can panic about certain groups who seem threatening
Media makes increases these fears
Often leads to stricter laws against these groups, increasing control over society
- anti terrorist acts after 9/11
Jock Young
Studied the connection between crime, law and inequality
Crime happen for social reasons like poverty
- P who are left out of S are more likely to offend and be punished, instead of helped
Law should address the crime and the root
Social Control
Informal: Through family, friends and local community
Formal: Justice system and law makers
How Laws Shape Society
drinking laws
driving laws
legalising homosexuality
The Consensus Theory (Principles)
Views laws a reflection of common values and agreements within S
- laws represent the moral consensus of society
- created to protect and maintain harmony that is beneficial to all
The Consensus Theory (Effect)
dominant values create guidelines most most voluntary follow to resolve disputes and maintain social stability
The Consensus Theory (Thinkers)
Durkheim: law is an expression of collective conscience
Parsons: legal system is a mechanism for social integration
The Conflicting Theory (Principles)
Views law as an instrument of power that serves the interests of the dominant group
- Laws is created to benefit those with power
- maintain inequality and class division by controlling the lower class
The Conflict Theory (Effects)
targets the poor individual, not the powerful nor the legal system
pretends to be fair but enforces social hierarchy
The Conflict Theory (Thinkers)
Marx: law as superstructure reflecting economic base
Quinney: criminal law as instrument of ruling class
The Labelling Theory (Principles)
Looks at how the process of defining and responding to deviance shapes S
- beh is not criminal until it has been labelled so by authorities who apply the law based on special char
- being labelled can lead to self fulfiling prophecy
The Labelling Theory (Effects)
can create criminals via limited opportunity and wrongful labelling of poorer groups
creates moral boundaries by public identification of criminals
The Labelling Theory (Thinkers)
Becker: outsiders and the study of deviance
Lemert: primary and secondary deviance
