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Law and Society

Consensus, conflict, labelling and realist theories of law

  • 3 things to know
  • Components 3 and 4

Overview

Recall questions on consensus, conflict and labelling theory and how each is reflected in the legal system, secondary deviance and criminal records, and the realist approach to law making, including left realism and right realism with rational choice theory.

What you need to know

Answer each one before you reveal it.

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Key term

What is the focus of the realist approach to law making?

Process

How did Durkheim link law to social solidarity?

Process

What did the American legal realists argue?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    According to consensus theory, what does law reflect?

    Model answer

    Shared values and norms agreed upon by the majority of society, serving to protect common interests and maintain social cohesion.

  2. 2

    What purpose does law serve according to consensus theory?

    Model answer

    To protect common interests and maintain social cohesion by reflecting values shared by the majority.

  3. 3

    What is the focus of the realist approach to law making?

    Model answer

    How law operates in practice rather than in theory, examining the actual effects of legal rules on behaviour and society.

  4. 4

    How does the realist approach differ from theoretical approaches to law?

    Model answer

    It focuses on examining the actual effects of legal rules on behaviour and society rather than how law should work in theory.

  5. 5

    What are the key features of left realism?

    Model answer

    It emphasises the reality of crime as a serious problem affecting working-class communities, advocates taking victims seriously, and supports practical measures such as community policing and addressing social inequality to reduce crime.

  6. 6

    What practical measures does left realism support to reduce crime?

    Model answer

    Community policing and addressing social inequality.

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The Council of .
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AThe injury to the claimant's rights is small.
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Royal Assent has not been refused since 1708.
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