Law and Society

The role of Law in Society

Law is integral for maintaining order, stability, and fairness society.

It regulates behaviour, protects individuals from harm, resolves disputes, promotes justice, and mirrors the prevailing social values.

Laws are mainly created by parliament and interpreted by courts, however they are not created in a vacuum, they are constantly influenced by shifting social attitudes, political agendas, and public opinion.

Law as a mechanism of Social Control

Law is one of the most powerful instruments of social control as it is formally enforced by the state.

Social control is a blanket term for the ways society seeks to encourage conformity and deter deviant behaviour.

Social Control is divided into Formal and Informal mechanisms.

Formal Mechanisms of social control

These are rules enforced by authorities:

• Criminal law

• police powers

• court orders

• statutory regulations

These rules set clear boundaries for acceptable conduct, with breaches resulting in penalties such as fines or imprisonment.

Informal Social Control

Unofficial social pressures:

• family expectations

• cultural norms

• religious beliefs

• peer influences.

Though not legally enforceable, these unwritten rules still affect behaviour through social approval or disapproval, reinforcing community cohesion and shared values.

Definition of Law

‘The set of rules created by the state and governed by the judiciary that aims to achieve justice in all areas they encompass.’

Definition of Society

‘People living in a community that contains diverse views while continuing to co-exist in harmony.’

What did Lord Bingham say about the law?

“The law acts to hold society by protecting people from harm, ensuring common good, settling disputes, and persuading people to do the right thing.”

What did Roscoe pound say about the decline or religion?

“The decline of religion as the overarching moral authority would require the law to step in and fill the gap to ensure an equitable and functional social order.

Coronavirus Act 2020

A contorversial piece of legislation that compromised a vast number of freedoms, but aiming ot ensure safety of people and prevent societal breakdown.

The legislation succeeded in achieving emergency change rapidly, but failed in its role to balance societies continued interest in liberty.

Jhering

Jhering defined interests as ‘principles identified by individuals and/or states as being of fundamental importance.’ He thinks that there is a constant struggle between individuals and groups who pursue their own selfish interests and the law acts as a mediator for these conflicts. He recognises that not all interests can be satisfied but that the law reflects the interests of the dominant party, and that this is a healthy process that promotes legal change and prevents anarchy.

The Belmarsh Case

Government imprisoned multiple people indefinitely and without trial under the Anti Terrorism, Crime and Security Act 2001 as they were suspected of terrorism. The government interest was to protect national security, however it was in the interest of those imprisoned to have their human rights protected under article 6 of the ECHR. The outcome was to agree this was a violation of their human rights, but ruled the government was allowed to keep them in prison. This stays true to Jherings theory that not all conflict can be solved by the law and that in those cases the dominant party will prevail.

Law and Politics

The law is heavily influenced by politics and the party that controls parliament will have huge influence over the law.

Durkheim

He argued the social organic analogy that believed that society is made up of individual institutions like organs, and that they all need to be working together cohesively for society to work. He also thinks that the state and individual should be balanced, and the law should promote consensus to find a common middle ground.