Society Essay Flashcards
(59 cards)
What are the things to talk about in the introduction of a society essay?
Definition of law
Definition of society
UK’s version of society
Societal progression and the impact on law
What is the definition of law?
A series of rules and regulations designed to keep the public safe from harm and to promote morality within society
What is the definition of society?
A group of people or multiple groups of people that share a common territory
What type of society does the UK consider itself to be and why?
A pluralist society due to the multicultural nature and ideals of tolerance
What does progression in society reflect and what does that mean for laws?
Progression in society reflects the changing needs and opinions of the people
To remain up to date the law should reflect the progress of society to ensure the law benefits the majority of society
What are the 4 main paragraphs/points of a society essay?
The role of law in society
The law as a social control mechanism
Consensus and conflict within the law
The realist approach to law making
What are the things to talk about in the role of law in society paragraph?
Lord Bingham’s principles
Stanley Cohen
Examples relating to Stanley Cohen
Who created the 8 rule of law principles?
Lord Bingham
What are Lord Bingham’s 8 rule of law principles?
- The law should be accessible and predictable
- Legal questions should be determined according to law, not by the exercise of discretion
- The law should apply equally to all, except for where objective differences justify differentiation
- Ministers and public officials must exercise powers in good faith, fairly, and not exceed their powers
- The law must afford adequate protection of fundamental human rights
- Means must be provided for resolving civil disputes without prohibitive cost or delay
- Adjudicative procedures provided by the state should be fair
- The state must comply with its obligations in international law
What is the mnemonic for Lord Bingham’s 8 rule of law principles?
“A Little Elephant Might Protect Cats From Angry Iguanas”
A – Accessible and clear laws
L – Law, not discretion
E – Equality before the law
M – Ministers must act lawfully
P – Protection of human rights
C – Courts must be accessible and affordable
F – Fair procedures
I – Respect for International law
What are the 4 main aspects of law in society according to Lord Bingham’s 8 principles?
The law should:
- Protect people from harm
- To ensure a common good
- To settle arguments and disputes regarding finite resources
- To persuade people to do the right thing
What was the name of the book that overviewed media and the effect on society regarding law, and who was the author?
Folk Devils and Moral Panic
Stanley Cohen
What did Stanley Cohen’s book - Folk Devils and Moral Panic state?
If someone acts in a way that is not typical then the media overreacts about it. This helps the behaviour to grow and makes it seem more normal, encouraging the behaviour rather than stopping it
Media coverage of crime initially creates fear and panic, but constant coverage brings normality and makes people used to and insensitive to crime
What are examples of where the media has jumped on a social issue?
Dangerous Dogs Act 1991
Dunblane Massacre - Firearms Act 1997
What are the things to talk about in the law as a social control mechanism paragraph?
Formal social control
Informal social control
Rosco Pound
Contract examples
Tort examples
Criminal examples
Law controlling morals and examples
What is formal social control?
Through specific agencies like the police, courts, CPS, law makers etc
What is informal social control?
Through informal agencies like family, friends, peers, local community etc.
What was the name of the book that listed socio-ethical principles to justify the making of laws, and who was the author?
Social Control Through Law
Rosco Pound
What did Rosco Pound’s book Social Control Through Law state?
The law should:
- Identify and explain human claims, demands and interests of a given social order
- Express what the majority of individuals in society want the law to do
- Guide the courts in applying the law
What is an example from contract law of the law acting as a mechanism of social control?
CRA15 states terms that have to be in consumer contracts and restricts what can be excluded, protects consumer but at the expense of the firm
What are examples from tort law of the law acting as a mechanism of social control?
OLA ensures premises are safe to protect others but at the expense of cost for the occupier
Bolton vs Stone protected defendant when they done all that was necessary and reasonable to prevent the act but at the expense of the individual
Nuisance restricts people’s enjoyment of their land to preserve others’
What are examples from criminal law of the law acting as a mechanism of social control?
Consent limitations restricts what people can consent to and do, restricts idea of free will
Self-Defence having to be of reasonable force restricts the level at which people can defend themselves, unfair if genuinely fear death but homeowner cases have increased threshold
What are some examples of where the law has controlled morals but moved with society?
Sexual Offences Act 1967
Sexual Offences (Amendment) Act 2000
Marriage (Same Sex Couples) Act 2013
Road Safety Act 1967
Health Act 2006
What did the Sexual Offences Act 1967 do?
Made private homosexual sex for those 21yrs or above legal
