Law and Society Essay

AO1: Society Definition

a group of people with a common territory, interaction and culture.

Countries have formal boundaries and territories that the world recognises as theirs, however; society's boundaries do not have to follow these boundaries. People of the same society share aspects of their culture such as language or beliefs.

AO3: Society definition

Therefore the law and society must go hand in hand and work together in order to function properly.

AO1: Pluralism Definition

A form of society in which members of minority groups maintain independent cultural traditions.

Pluralists would believe there are many different types of people, beliefs and opinions within a society and this is a good thing and it requires everyone to tolorate each other.

AO3: Pluralism Definition

For example, there are different religions, beliefs and sects in society and it can be hard for all members to follow the same rule, however; parliament is the overruling judgement in which people have to follow.

AO1: Role Law plays in society- Principles

Lord Bingham sets out these principles

• The state must abide by both domestic and international law so no government has the ability to act by whim

• Questions on infringement of rights should be subject to the application of law and not the judges discretion

• The law should be accessible, clear and open to public scrutiny

• Courts should be accessible and affordable with cases being heard without excessive delay

AO1: Role Law plays in society- Roles

1• To protect people from harm- typically through criminal law with respect to harm by other people

2• To ensure a common good by providing facilities for all such as education and healthcare

3• To settle arguments and disputes regarding finite resources which the civil justice system attempts

4• To persuade people to do the right thing through the law such as encouraging giving to charity through gift aid etc

The law attempts to achieve these 4 primary roles via routes such as criminal and civil law.

AO3: Knee Jerk Reactions

Law makers can be criticised due to 'knee jerk reactions' and having to act quickly because of what is current in society. In the past, society has had the power to influence society and has done so negatively- e.g. Sarah's Law and Dangerous Dogs Act 1981.

Sarah's Law

Involved permitting disclosure of the whereabouts of sex offenders. Vigilantes attempted to take law into their own hands, including a case where a man was unable to distinguish between paediatrician and paedophile. So a paediatrician was attacked.

Dangerous Dogs Act

Was the result of media attention arising from an attack on a young child and other dog attacks around the same time. The Home Secretary promised action and rushed the act of banning 4 breeds of dog, healthy dogs were destroyed.

AO3: Rushed and inaccurate law Counter argue

Sarah's Law and Dangerous Dogs Act show negative impact and lead to rushed and inaccurate law. Despite this society can also impact the law positively e.g. health act 2006- led to healthier society

Health Act 2006

Banned smoking in public places- led to a healthier society