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Summary Balancing Conflicting Interest
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It contains essay for Q9 [15 markrs].Balancing conflicting interest. It contains knowledge and analysis of the theories.
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The purpose of law is to create a balance between theconflicting interests or rights of individuals and the state or
society.
Rudolf Von Jhering explored the ‘struggle for law,’
emphasising the needs of society when balancing
conflicting interests.
He argued that the law is the end result of a struggle
between individuals and groups, each pursuing its own
interests. It causes healthy legal changes, however
individuals and groups each pursue their own interest.
In reference to balancing conflicting interests in law, Von
Jhering might say that justice is best achieved by balancing
the interests in favour of dominant groups in society, thus
re-forcing the utilitarian principle of Jeremy Bentham which
advocates creating the greatest happiness for the greatest
number when balancing competing interest between the
individuals and society.
Roscoe Pound regarded law as an ‘engineering tool,’ arguing
that the purpose of law is to satisfy as many people
(individuals) as possible.
He argued that there were two types of interests: individual
and societal. He said that the law should not put the
interests of society against the interests of individuals.
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