Law & Society Flashcards
(6 cards)
Introduction- What is the relationship between law and society?
• Law shapes how people behave and what is seen as right or wrong.
• Example: The Sexual Offences Act 1967 legalised homosexuality, and the Abortion Act 1967 legalised abortion.
• Laws like the Sex Discrimination Act 1975 helped fight against unfair treatment.
• Society can also change the law through protests and campaigns.
• But sociologist Durkheim said in a society with many different cultures and values (pluralist), it’s hard for the law to reflect everyone’s morals.
How does the media influence law and society?
• The media can push for new laws.
Example:
• Snowdrop Campaign led to a handgun ban.
• Sarah’s Law created a register for paedophiles.
• But media can also cause panic, leading to rushed or bad laws (like the Dangerous Dogs Act 1991).
• Governments can use media to control public opinion, e.g. stories about immigration.
• Sociologist Stanley Cohen said this creates “Moral Panics” and “Deviance Amplification” (makes issues look worse than they are).
How does the law act as a form of social control?
• Law keeps order in society – Roscoe Pound called this “Social Control Through Law.”
• Law influences both informal (family, religion) and formal (police, courts) controls.
• As family/religion lose power, police and prisons become more important.
• Example: Assisted dying is illegal due to risk of abuse.
• Laws on consent show where the line is – sports injuries allowed (Barnes), but not violent sex (Brown).
How do consensus and conflict theories explain the law’s role?
• Consensus theory (Durkheim): Law brings people together with shared values.
• Supported by use of juries and lay magistrates.
• Conflict theory (Marx): Law benefits the powerful and controls the weak.
• Supported by stats: Black people are 5x more likely to be stopped by police.
• Labelling theory: If law treats people as criminals, they may accept the label and act criminally.
What is the realist view on how law works?
• Realists believe judges are key in shaping the law, not just Parliament.
• Judges can change the law through their decisions (precedent).
• But critics say Parliament is supreme, and judges just follow the rules.
• Right realists: Support tough punishment to stop crime (prison). Adv- retribution for victim and society. Dis- nit addressing reasons of crime
• Left realists: Want to fix the causes of crime (help people, stop poverty). Adv- attacking cause of crime and reducing reoffending. Dis- letting down victims of crime and their families ‘soft on crime’
Conclusion- Who influences who more – law or society?
• Law can shape society’s behaviour and values.
• Society can also push for legal changes (through protest, media).
• The media can influence both law and public opinion.
• In today’s diverse society, it’s harder for the law to reflect everyone’s morals.
