How Laws Change Due to Culture and Time
Laws evolve significantly over time and vary across cultures due to changing societal values, scientific advances, and public pressures. This page examines several key examples of how criminal laws have changed in the UK and globally.
Changes in Child Protection Laws
Until the 13th century, the concept of childhood did not exist legally, and children were treated as adults. Over time, society's views shifted to recognize childhood as a distinct life stage.
Highlight: The Children Act established that parents have "responsibilities" rather than "rights" regarding their children, reflecting this evolving perspective.
Gun Law Changes in the UK
Two major incidents - Hungerford and Dunblane - led to significant changes in UK gun laws.
Example: The Firearms Act of 1997 banned all handguns in the UK in response to public outcry and campaigns like the Snowdrop Campaign.
Evolution of Punishment Approaches
Capital punishment was a primary form of punishment in the UK from 1196 until its abolition in 1965.
Vocabulary: Miscarriage of justice - Being punished for a crime one did not commit.
Highlight: Capital punishment was abolished partly because executed individuals could not be pardoned in cases of miscarriage of justice, violating human rights.
Differential Application of Laws
Laws are often applied differently based on various circumstances:
- Moral Panics: Public outcry can lead to harsher sentences, as seen with the 2011 London rioters.
- Typification: Police assumptions about what a criminal looks like or where they might be found.
- Age of Responsibility: In the UK, the age of criminal responsibility is 10 years old.
- Homicide Act 1957: Allows for exceptions to murder charges based on circumstances like diminished responsibility or loss of control.
Definition: Social construction of crime refers to how society defines and shapes what is considered criminal behavior, rather than it being naturally determined.
Cultural Variations in Laws
Laws vary significantly across cultures, often due to religious, traditional, or social factors:
- Consent Ages: 16 in the UK, 18 in the US
- Drinking Ages: 18 in the UK, 21 in the US
- Driving Ages: 17 in the UK, 16 in the US
Example: Chambliss Theory studied how middle-class "Saints" and working-class "Roughnecks" were treated differently by the justice system despite committing similar offenses, illustrating the impact of social typifications on law enforcement.
