Law and Society

According to sociologist, what is a society ?

A group of people with common territory, interaction and culture. They share aspects of their culture such as language, values, beliefs, behaviour and material objects which constitute a people’s way of life.

What is Pluralism ?

The idea that there are many different groups living together in our society who all hold different view.

What is assimilation ?

When some cultures and religions find they need to give up some traditions in order to fit in. This can be seen in the gradual loss of immigrants language as they assimilate into societies use of English.

What are Pluralistic societies like in practice ?

• groups do not have to give up all their beliefs and practices - many groups within a pluralistic society retain traditions (Hindus still celebrate Diwali)

• No one group is considered more influential than another however it is difficult for law to reflect the interests of all groups in society.

• Prejudice and discrimination can keep many groups out of the political process or certain neighbourhoods

What four roles does law play in society ?

• To protect people from harm

• To ensure a common good

• To settle arguments and disputes

• To persuade people to do the right thing

How does the law protect people from harm in society?

Typically by criminal law with respect to harm by other people, but also protection from dangerous things (unsafe premises, pollution)

How does the law ensure a common good in society ?

By providing facilities for all such as education and healthcare

How does the law settle arguments and disputes in society?

Through the civil justice system (tort, contract, family law)

How does the law persuade people to do the right thing in society ?

By giving nudges through the law, such as encouraging giving to charity through gift aid

What is The Rule of Law put simply ?

The principle that everyone, no matter rank or status, is accountable to the same, clearly defined, and fairly applied laws.

It ensures that society is governed by pre-established rules, protecting human rights and enabling justice.

The Rule of Law can’t exist without a transparent legal system, what does this require?

A set of laws that are freely and easily accessible to all, strong enforcement structures and an independent judiciary to protect citizens from the arbitrary use of power.

Lord Bingham defined The Rule of Law through 8 principles that society, the state and judiciary must embrace, what are they ?

1. The state must abide by both domestic and international law (no gov can act on a whim)

2. People should only be punished for crimes set out by law

3. Questions on the infringements of rights should be subject to the application of law

4. The law should be accessible, clear, precise and open to public scrutiny

5. All people should be treated equally

6. Must be respect for all human rights

7. Courts must be accessible and affordable and without excessive delay

8. Means should be provided for resolving disputes that can be resolved by parties independently

What role does law have in shaping social norms?

Over time, the presence of law embeds values in society so they become the new “norm” or accepted standard.

What is an example of the law influencing social norms?

The decriminalisation of homosexuality in the 1960s proposed by the Wolfenden Committee

Explain the example of law influencing social norms (decriminalisation of homosexuality in the 1960s)

The decriminalisation of homosexuality was not greatly supported by society, however changing the law had the power to reduce instances of violent discrimination and served to increase support for gay rights. Society became more open gay rights because the law leaded to new social norms.

Over time protests prompted further changes to the law such as bringing the age f consent into line with straight couples (SEXUAL OFFENCES (AMENDMENT) ACT 2000)

• changes to anti-discrimination law in the uk helpe to promote greater equality in society (EQUALITY ACT 2010)

What did professor Hart acknowledge ?

That law cannot exist in a vacuum. It only makes sense referring to social practices in a community.

Why is there a ‘two-way movement’ between law and society ?

Society holds the power to shape law through strikes, protests and civil unrest, and law does not exist without social practices within a community to refer to.

What influence does the media play on society and the law, and give an example

The media highlights issues of social concern to the public, strong public opinion can then bring about changes in the law

E.g. protests ad riots led to the government scrapping its controversial ‘poll tax’ in the 1990s

What happens when societies view of acceptable behaviour shifts and an example of this.

When behavioural norms shift or gaps in the law are identified, the law can be changed to reflect this.

E.g. the media backing the ‘snowdrop campaign’ which prompted government to pass the Firearms (amendment) Act 1997 which restricted the ownership of various guns after the Dunblane Massacre

Why is social media an effective tool today and an example

It can be used to generate public support to influence changes in the law and the creation of new crimes, helping the law to keep pace with changes in society

E.g. social media influenced the creation of the crime ‘upskirting’ under the Voyeurism (Offences) Act 2019 after public outrage at their being no consequences

What is a negative impact social media can have on society

Can be accused of manipulating public opinion through sensationalism creating a ‘knee jerk’ reaction.

What is a ‘knee jerk’ reaction and an example

A rapid, automated response to a situation without thoughtful deliberation or communication.

E.g. the Dangerous Dogs Act 1991 came about because media attention arrived form a dog attack on a 6-year-old girl and 10 other attacks. Parliament responded rapidly due to intense media pressure so the Act was rushed through the legislative process. The result was a poorly made law that banned 4 dog breeds. It was unsuccessful because many healthy safe dogs were punished and other breeds that weren’t named have been responsible for further attacks.

What is the concept of ‘moral panic’

The media often exaggerates and distorts threats from small sectors of society in the hope of increasing sales through sensationalism.

An example of when the law was forced to intervene due to moral panic

• Following the 7-day Castlemorton Common Festival in 1992, a free rave that left the public outraged at the powerless police.

• This prompted the Criminal Justice and Public Order Act 1994 where parliament increased power of the police.

• Criticised as being an overreaction/ badly made because it lead to abuse of power and discrimination.