• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Balancing Competing Interests

Extracts from this document...


Balancing Competing Interests Everybody would want to be sure that their interests are protected by the law and that the law achieves this through various sets of rules. Inevitably the interests of one individual and the interest of the majority may sometimes fall into a conflict. The law needs to ensure courts and tribunals that if conflicts of interest arise there is a means of settling them in a way that tries to balance the opposing views as fairly as possible. The sociological school of jurisprudence see law as a social phenomenon that is best discussed in terms of functions, roles, classes and so on rather than in such terms as powers, rights and duties. Rudolf von Jhering saw laws as a means of ordering a society in which there are many competing interests. All interests need to be satisfied. The law therefore acts as mediator assessing the value of each of these interests and determining the proper balance between them. ...read more.


Ronald Coase proposed a theorem. Its preconditions are that all negociations take place between rational people each desiring to maximise his wealth and each fully seized off all relevant information. Under these conditions and if no transaction costs then the most efficient outcome will occur no matter what legal rules are adopted. Chase saw this question in purely economic rather than moral terms. Calabresi saw that the aim of tort law should be to achieve the optimum number of accidents. Aim to achieve a level of such that the combined costs of prevention and compensation are as low as possible. An area in which there is conflict between public and private interests is the protection of Human Rights and the Human Rights Act that would point out the private over the public interest. On the other hand relevant articles of the European Convention on Human Rights have derogation clauses especially so that public interest take procedure. Criminal Penalties have been attached to undesirable behaviour form the individual self interest towards the interest of society as a whole to tip the balance away. ...read more.


The Criminal Justice System was introduced and criticised because although it tried to achieve balance by making fines more equal it was seen as unfair. However the Crime Sentencing Act that introduced the mandatory sentences is an attempt to protect the public was criticised by judges as it prevented them from being fair to individual offenders. Negligence is a tort that we all know is based on proving a duty of care, so our rights are interfered with when the D fails to prevent his negligent acts or omissions which he should contemplate will lead to foreseeable harm. It tries to balance the two by limiting liability in respect of the consequences regarded as remote or unforeseeable. As conclusion, it can be seen that achieving balance isn't easy. In many areas it can be argues that the law was effective in achieving balance but in others especially public interests are in conflict with private interests and the law hasn't been as successful in achieving a equal balance. ?? ?? ?? ?? Alexandra Popovici ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Machinery of Justice section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Machinery of Justice essays

  1. Notes on Sentencing in British courts

    o For 1st drink driving min is 12 months disqualification. 3yrs 2nd time. o Courts can use this for anyone who uses a vehicle to commit crime. Not often. 3.7 Other Powers Available to the Courts o Court have other powers to compensate victim or make sure offender doesn't benefit.

  2. Explain the ranges of sentences available to the judge or magistrate.

    Instead of looking to the past and the offence committed, the sentencer must concern himself with the future needs of the offender. Thus the chosen sentence should be the one with the best chance of bringing about the desired change.

  1. The Canadian Justice system towards aboriginal offenders

    The aboriginal concept of justice is notorious for its denunciation of adversarial procedure and neutral arbitration. In contrast to the uncompromising criminal process espoused by the Euro- Canadian justice system, aboriginal philosophies of justice "place a primary emphasis on restoration and reintegration of an offender into the fabric of communal

  2. Principles on which sentencing decisions are based

    It is also the case that exemplary sentencing with a view to punishing one offender particularly harshly to deter others in undesirable as it is unjust to the person who is being made an example. In addition, deterrence as a basis for sentencing is not well founded empirically.

  1. Describe the different aims of sentencing.

    offender stop and consider the possible consequences of his actions, and general deterrence are exemplary sentences which are meant to warn other potential offenders of the possible consequences. Both types have been criticised greatly as individual deterrence is not seen to be very effective as the offender becomes hardened to the punishment as the sentence increases.

  2. Expert Testimony and Its Value In the Justice System

    A possible way of implementing this would be to have the potential expert witness first pass an objective test with some small stipulations before being approved by a Judge or Magistrate. The Evidence Once an individual has been deemed fit to testify it is the evidence that they provide which next comes under scrutiny.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work