Law and Society (OCR A-Level Law): Flashcards
📚Flashcards
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10 cards from this deck
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Practise the cards
10 cards from this deck
Legal realism: law is objective or subjective?
Legal realism: law is objective or subjective?
Subjective, influenced by human factors
Left realism: primary cause of crime
Left realism: primary cause of crime
Inequality
Left realism: solution to crime
Left realism: solution to crime
Community-based interventions
Left realism: theoretical connection
Left realism: theoretical connection
Marxist theory
Right realism: who is responsible for crime?
Right realism: who is responsible for crime?
Individuals choose to commit crimes
Right realism: solution to crime
Right realism: solution to crime
Tough enforcement measures
Charles Murray: theory name
Charles Murray: theory name
Underclass theory
Realist view: single correct answer in legal disputes?
Realist view: single correct answer in legal disputes?
No, rarely a single correct answer
How judges decide (realist view)
How judges decide (realist view)
Start with desired outcome, work backwards to justify
Lord Reid: do judges make law?
Lord Reid: do judges make law?
Yes, 'we do not believe in fairy tales anymore'