Summary
Summary Balancing Conflicting Interest
- Institution
- AQA
It contains essay for Q9 [15 markrs].Balancing conflicting interest. It contains knowledge and analysis of the theories.
[Show more]
Seller
Follow
Content preview
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.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller cionratna. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £6.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
53340 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now