Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
The role of Law in Society
The role of Law in Society
The role of Law in Society
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: The role of Law in Society
To an extent legal mechanisms are seen to achieve justice for individuals and society. A legal mechanism is set in place to prevent an individual from exerting unjust actions. In order for legal mechanisms to achieve justice, they must supply efficient laws that are enforced, allowing each individual to have equal access to legal aid. The effectiveness of this can be excessively seen through the response of law and the impact it has on individuals and society. Law is enforced on every individual, and to somewhat of a degree is able to balance tensions between the individual and society.
For legal mechanisms to effectively achieve justice for individuals and society, the law needs to be responsive and inclusive. It allows constant change to
…show more content…
Society’s change over time, which impacts the change in views and values of its citizens. Law reform is important in helping support legal mechanisms in achieving justice for society by reflecting the core views and values amongst all. R v SW & BW is case that shows the instant and inclusive response to the starvation of a child. This case was able to outline that DOC’s and the child protection authorities had not adequately upheld their role. DOC’s were investigated which was able to efficiently achieve justice for society by allowing individuals to be able to receive the correct treatment. The response and inclusion of law reform is essential in ensuring …show more content…
Although is not nearly possible to equally achieve justice, courts try to ensure that there is a balance so other parties do not feel neglected. Appeal is a way of balancing tensions between each individual and spociety by attempting to achieve justice for the individual as the accused is able to apply for a lower sentence if one feels that the sentence is not considered to be just. In the case R v SW & BW, BW and SW where both able to apply for appeal. BW’s appeal was denied as his sentece rightly punished him. SW’s appeal was accepted allowing a reduction of 30 years of her life sentence, with a 40 years’ maximum imprisonment. Although, this appeal was noted to have created an unbalanced tension between the accused and victim, it is evident that the court was trying to balance these tensions between the individuals. The rule of law is another way where tensions between individuals and society can be similarly balanced. The rule of law ensures that no other is placed above the law. For individuals, the accused is able to be rightly punished, receiving justice for their actions and the victim’s reassurance, instead of the accused being able to receive special treatment and receiving an unfair sentence that does not reflect their actions. In the R v Xie, the verdict was unable to be decided instantly due to the lack of evidence allowing
Criminal law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedural matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system interact.
On September 12th, Carmela Buhbut, a battered wife who shot her husband to death 31 times from a close range, was sentenced to seven years imprisonment. She then appealed to the Supreme Court against the severity of the sentence. No less than three different justices held the complicated appeal- Bach, Kedmi and Dorner. All three of them, agreed that there is no doubt, that taking a person’s life is a crime which Buhbut should be punished for. However, only of them, justice Kedmi, thought the appeal should be dismiss in limine.
This essay will hold a discussion regarding two main principles: fairness and justice. In particular, to what extent Australian legal system is based on fairness and justice?
Law and Society, Ninth Edition, by Steven Vago. Published by Prentice Hall. Copyright © 2009 by Pearson Education, Inc
The governance of our present day public and social order co-exist within the present day individual. Attempts to recognize the essentiality of equality in hopes of achieving an imaginable notion of structure and order, has led evidence based practitioners such as Herbert Packer to approach crime and the criminal justice system through due process and crime control. A system where packer believed in which ones rights are not to be infringed defrauded or abused was to be considered to be the ideal for procedural fairness. “I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.” Thomas Jefferson pg 9 cjt To convict an individual because proper consideration was not taken will stir up social unrest rather then it’s initial intent, when he or she who has committed the crime is not punished for their doings can cause for a repetition and even collaboration with other’s for a similar or greater crime.
In the textbook Criminal Courts 2nd edition, it states that “appeals of any kind, especially death penalty appeals, consume a great deal time. On the average, it takes about ten or eleven years for inmates to be executed. In some instances, the appeals process has dragged out over a fifteen year period.” The number of years it takes for an appeal seems excessive when thinking about an innocent person serving time for a crime they did not commit. Although one would want the appeals process to be speedy, that is not the case when considering the steps involved. The appeals process begins once the defendant has been convicted of a crime. The defendant is entitled to at least one appeal to a higher court. The primary purpose of an appeal is to correct a wrong that may have been committed. These wrongs may be mistakes by police, the prosecution, or the court. Errors may have occurred that influence the trial outcome. Appeals are intended to correct these mistakes and errors. A secondary purpose of an appeal is to render judgment about one or more iss...
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
But in a broad scenario, the sociological perspective describes law instrumentally. Law makes available, the tools, resources, symbols and languages useful in the construction of social order. The study of law and other specialization in the social sciences are closely interwoven and needs to be studied together. Citing both Aristotle and Kant, that law is an embodiment of collective social life.
The intention of this essay is to explain the process of law reform within the English legal system. The way in which the activity of parliament and that of the judiciary affects the way in which laws are reformed in the UK will be also discussed. The common law system in the UK means that the UK's primary legal principles have been developed by the judiciary rather than by parliament. However, as parliamentary sovereignty is an important key principle of the UK constitution parliament is the supreme legal authority in the UK. Parliament can create, change or repeal any law and generally speaking the judiciary cannot overrule legislation that has been passed by parliament.
Most people would dispute that the significance of law in society is to obtain justice, however justice is simply a term which is determined subjectively, it relates to an individuals
Part of the grounds for arguing in favor of the common law system over the codified system is its characteristically equitable qualities. Since antecedents are pursued in all cases, everyone gets the same treatment. This same legal procedure is administered to everyone in spite of their position or creed. Therefore, this system of going by antecedents which had hitherto been set usually leads to equity and fairness. This system of law also has the advantage over the codified system by offering protection to persons via the law of tort.
Law is a tool in society as it helps to maintain social control, promoting social justice. The way law functions in society and its social institution provide a mechanism for solutions. There are many different theories of the function of law in relation to society in considering the insight they bring to different socio-legal and criminological problems. In the discussion of law’s role in social theory, Leon Petrażycki and Eugen Ehrlich share similar beliefs in the jurisprudence of society. They focused their work on the experience of individuals in establishing meaning in their legal relations with others based on the question of what it means to be a participant in law. Jürgen Habermas presents a relationship between law and morality. From a certain standpoint, law is a key steering mechanism in society as it plays an educational role in promoting conducts, a mean of communication and it
Offenders are protected today by both the rule of law, ensuring that all offenders are treated equally, regardless of their age, sex or position in the community, and due process, which ensures that all offenders are given a fair trial with the opportunity to defend themselves and be heard (Williams, 2012). Beccaria’s emphasis on punishment being humane and non-violent has also carried through to modern day corrections. It is still the case today that offenders must only receive punishment that is proportionate to the crime they have committed and the punishment is determined by the law. The power of the judges and the magistrates to make decisions on punishment is guided by the legislation and they do not have the power to change the law (Ferrajoli,
The courts of England and Wales acknowledge that the above must be something of value, in order to amount to consideration. A valuable consideration in the perspective of the English La...
Contemporary Readings in Law & Social Justice, 5(2), 454-460.