Balancing Conflicting Interests Essay Structure

• Pluralistic society
• Different social classes, religions, races, culturual backgrounds, different ages
• Conflicting ideas on how interests in law should be balanced
• Interests: needs, rights, freedoms, claims, expectations
• 
  

"When conflicts cannot be amicably solved between the two parties, the law must step in and attempt to achieve a balance"

• Police and Criminal Evidence Act 1984
• Balances the regulation of police powers whilst protecting public rights
• 
  
• "Individuals should be free from undue interference or surveillance from the state/police, however police should be allowed to detect crime and arrest or question suspects"

• Conflicts are between individuals and/or companies
• Contract law: deals that have been broken or breeched in some way
• Negligence: Concerns the safety of those affected by the actions of others
• For example, "a business would have the interest of making as much money as possible by being cost effective, whilst the individual has the interest of being in a safe environment or buying safe products. If the company cuts costs too much, there may be a risk of bad workmanship of faulty goods endangering the individual."

• Consent to an assault that causes an injury cannot be a defence
• Brown: Group of sadmachchistic homosexuals convicted of S.47 and S.20
• None of them saught medical attention pressed charges
• Court found against them as they believed it was interest of society to curb this behaviour.
• Lord Templeman stated: “society is entitled and bound to protect itself against a cult of violence. Pleasure derived from the infliction of pain is an evil thing. Cruelty is uncivilized”

• In Wilson, consent was a defence to injury where it takes place in the form of a private act between husband and wife, as this did not go against public interest.
• This demonstrates the different ways in which the court balances interests between the public and D in a case

• UTILITARIANISM
• Gain happiness for the majority rather than individuals
• "Every law is an infraction of liberty, and the law should only step in when the actions of the individual threaten the majority."

• Saw law as a way in which society could be ordered
• Interests of different parties in a dispute had to be regulated, or society would end up in total chaos
• The interests of the individual could conflict with the interests of society, so the law would have to act as a mediator 

• Interests will only be balanced if placed on the same level
• Equal rights and wealth
• The law is used to benefit the ruling class and not the working class

• Stop cases when the public interest clearly does not require prosecution
• Not enough evidence = No prosecution
• Not granted bail= Public interest and safety prioritised over accused rights
• However, accused is presumed innocent until proven guilty
• Aims of sentencing = Punish, reform, rehabilitate, public protection