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Friday, February 15, 2013

Consider whether English Law is effective in balancing conflicting interests

People would pauperism their interests to be protected by law, through with(predicate) various eagernesss of rules. In this case interests can be referred to as a persons rights. Therefore the law is in that respect to protect a persons rights by frightful a corresponding duty on the other ships company so that they are bound in law not to interfere with those rights. Interests and rights are not always easy to restrain so inevitably, the interests of an singular and those of the majority may sometimes perform conflicted.

Rudolf von Jhering, a German jurist recognised law as a means of ordering society in a situation where there are many competing interests, not on the whole economic. His view was that legal developments were driven by the constant shamble between individuals and groups within society to have their interests portrayed and back up by the law. He expressed that law could be employ in self-interest by individuals and groups in order to carry out advances in their own purposes. As a result, the law acts to view the true balance between different interests by examining the economic value of each.

The American legal scholar, Roscoe Pound, was influenced by Jhering. He recognised one-third competing interests; individual, public and social. Individual interests included the likes of privacy, personality, property and domestic relations.

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pursuit legal recognition could be classified as an individual interest. Public interests are emphasised by individuals. Lastly, social interests make up of such things as safety, public order, health, freedom of speech, resource conservation as well as economic and political progress. other aspect of this is for a person to be able to screw a human life in accordance to the standards set by society.

Many examples exist of public interests against private interests and the unfavorable position of individual rights to the interests of the community. This can be exhibited through aspects of criminal unconscious process and law, tort and human rights.

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