Lesson 164. Evaluating law and society | OCR A-Level Law
For Specification H418
OCR A-Level Law | Free Revision Notes
Estimated study time: 45 to 55 minutes
The relationship between law and society is not simply one of control. Law can influence behaviour and social norms, while social developments can place pressure on the law to change. Different sociological theories provide competing explanations of this relationship. This Evaluating law and society A-Level Law revision page brings together social control, media influence, consensus, conflict, labelling and realist approaches, then shows how substantive areas of OCR Law can be used to test those explanations. It prepares you for synoptic nature of law [Synoptic nature of law].
Learning Objectives 🎯
By the end of this revision page, you should be able to:
Evaluate the relationship between law and society.
Analyse whether law shapes society or society shapes law.
Compare consensus, conflict, labelling and realist explanations.
Assess the effectiveness of law as a mechanism of social control.
Use substantive areas of law to support sociological evaluation.
Construct a balanced conclusion about the relationship between law and society.
Revision Notes 📚
What OCR requires you to evaluate
OCR requires students to understand and evaluate:
the role law plays in society
law as a mechanism of social control
the way law creates and deals with consensus and conflict
the realist approach to law making
the role of the media in creating moral panic as an agent of social change
formal and informal mechanisms of control
consensus theory
conflict theory
labelling theory
left and right realist viewpoints
the impact of these approaches on specific areas of law
the overall relationship between law and society
The specification therefore requires more than learning separate theories. Students must be able to evaluate law and society as a whole.
This lesson brings together the role of law in society [The role of law in society], law as social control [Law as social control], media and moral panic [Media and moral panic], consensus, conflict and labelling [Consensus, conflict and labelling] and realist approaches [Realist approaches].
The central debate: which influences which?
The relationship between law and society works in both directions.
One possibility is:
Law → society
Legal rules can:
regulate behaviour
provide formal mechanisms of social control
influence individual decision making
contribute to changes in social norms
The reverse relationship is:
Society → law
Social developments may:
create pressure for legal change
influence political priorities
challenge existing rules
affect attitudes towards existing laws
For evaluation purposes, the key question is therefore not simply:
Does law influence society?
It is:
How far does law shape society, and how far does law respond to society instead?
Argument 1: law can shape society
The specification expressly identifies the role of law in shaping society through social control.
Legal rules may establish clear expectations about behaviour.
Formal mechanisms such as:
the police
judiciary
prisons
can then support the enforcement and application of those rules.
Law may therefore influence behaviour because individuals and organisations know that legal consequences can follow when rules are breached.
This supports the view that law is capable of being an active force within society rather than merely recording existing social attitudes.
Evaluating law's ability to shape behaviour
The existence of a legal rule does not prove that the rule is an effective form of social control.
OCR's 2024 mark scheme suggests that evaluation may consider matters such as:
controversy
public acceptance
inconsistency
misinterpretation
the possible failure of social controls
The important question is therefore whether law actually influences behaviour effectively, rather than whether a rule merely exists.
A rule supported by social norms may be easier to maintain because formal and informal control point in the same direction.
A controversial rule may face greater difficulty because law and social attitudes may not correspond.
Argument 2: society can shape law
OCR also recognises the reverse relationship.
Society may influence the development of law through social pressure and changing attitudes.
The 2024 mark scheme recognised examples such as social change being pursued through:
protest
strikes
civil disobedience
It also recognised the influence of media pressure on political agendas.
This challenges the idea that law simply controls society from above.
Sometimes the direction may instead be:
changing society → pressure for change → legal response
A reciprocal relationship
The strongest overall evaluation is usually to recognise a reciprocal relationship.
Law can influence society:
Legal rule → social control → behaviour and social norms
Society can influence law:
Social development → public or political pressure → possible legal change
These processes can then repeat.
For example, a legal change may alter behaviour, which may lead to further changes in social attitudes and further pressure on the law.
Law and society are therefore better understood as interacting rather than existing independently.
Formal control versus informal control
A major issue in evaluating law and society is whether legal control is more influential than informal social control.
Formal mechanisms include:
police
judiciary
prisons
Informal mechanisms include:
family
schools
religious organisations
peer groups
Informal controls can influence behaviour through socialisation, helping to create shared social norms. OCR's 2024 mark scheme specifically identifies this as an issue suitable for evaluation.
Are legal controls more important than social norms?
Formal legal control has the advantage of recognised legal rules and institutions.
However, much everyday behaviour may also be influenced by informal expectations.
Someone might comply with a rule because:
the law requires it
their family regards the conduct as appropriate
their peer group expects it
wider social norms reinforce the same behaviour
This creates a difficulty when evaluating the success of law.
If people behave in a particular way, it may not always be possible to attribute their behaviour solely to formal legal control.
Law may work most effectively where legal and informal expectations reinforce each other.
Consensus theory as an explanation of law and society
Consensus theory provides one explanation of the relationship between law and society.
It emphasises broadly shared values and norms.
From a consensus perspective, legal rules may:
reflect values accepted across much of society
reinforce shared standards of behaviour
contribute to social order
provide mechanisms for resolving disputes
This approach may be convincing where legal rules correspond closely with widely accepted social expectations.
Evaluating consensus theory
Consensus theory has clear explanatory value where formal law and informal social norms align.
If both the legal system and wider society reject the same behaviour, the law may appear to reflect shared values.
However, consensus theory becomes harder to apply in a pluralist society.
Pluralism means that different groups may hold different:
moral values
priorities
political opinions
expectations about appropriate behaviour
A legal rule may therefore receive substantial support without representing everyone.
The existence of a law does not by itself establish a true social consensus.
Consensus and legal change
Consensus theory can also help explain why some changes in law become accepted.
Where society's attitudes have changed significantly, law may eventually respond to those developments.
However, this creates an important evaluation point:
If society changes first and law follows, is the law creating consensus, or merely responding to an existing consensus?
This demonstrates the difficulty of deciding which direction the influence runs.
Conflict theory as an alternative
Conflict theory offers a contrasting perspective.
Instead of emphasising shared values, it focuses on:
competing interests
disagreements
different social groups
conflicts over legal rules and outcomes
This may provide a more convincing explanation where society is divided over a legal issue.
Law then acts as a mechanism for managing or resolving competing interests.
Evaluating conflict theory
Conflict theory is particularly useful where a legal rule involves a clear balance between different interests.
OCR's 2024 mark scheme identifies tort law as capable of illustrating the balancing of individual rights against a wider social context.
Similar conflicts may arise throughout substantive law.
For example:
an individual's freedom may conflict with the protection of another person
a claimant's interest may conflict with a defendant's
consumer interests may conflict with commercial freedom
an individual's human rights may conflict with competing rights or wider interests
Conflict theory may explain these issues more effectively than an assumption that society shares one clear view.
Is conflict theory always more convincing?
Not necessarily.
The fact that law resolves competing interests does not prove that society is fundamentally defined by conflict.
Some legal rules may enjoy broad acceptance.
The better conclusion is often that:
consensus theory may explain some rules
conflict theory may explain others
both may help explain different aspects of the same rule
Theories should therefore be tested against legal evidence rather than accepted as universally correct.
Consensus and conflict may coexist
Consensus and conflict are not always complete opposites.
There may be broad agreement about a general principle but conflict about its limits.
For example, society might broadly agree that people should be protected from harm while disagreeing strongly about:
how far individual freedom should be restricted
which conduct should attract legal liability
how competing interests should be balanced
This means one area of law can contain both:
consensus about the general objective
and
conflict about the particular legal rule
This is a useful evaluative point because it avoids forcing every example into a single theory.
Labelling theory and the legal system
Labelling theory directs attention towards the response to behaviour and the process through
which conduct or individuals are classified.
The legal system formally identifies certain conduct as unlawful.
Institutions such as the police and courts then operate within the process of applying those classifications.
This provides a different explanation of social control.
Rather than concentrating only on why a rule exists, labelling theory asks students to consider the significance of the legal and social response to behaviour.
Evaluating labelling theory
Labelling theory is especially useful for considering how criminal law and criminal justice operate as forms of social control.
It highlights that law does more than prohibit behaviour.
The legal system also:
identifies particular conduct as unlawful
investigates suspected breaches
determines whether legal responsibility has been established
formally responds to behaviour through legal institutions
However, labelling theory does not necessarily explain why a rule was originally created.
Consensus or conflict theory may be more useful for that question.
This means the theories may explain different stages of the legal process.
Social labels versus legal labels
Another important distinction is between:
informal social reaction
formal legal classification
Media, families and peer groups may form opinions about behaviour without any legal finding.
The legal system operates according to legal rules and formal procedures.
This is particularly important when connecting labelling theory to media and moral panic [Media and moral panic].
Media attention may influence public perceptions, but public perception is not the same as legal responsibility.
Realist explanations
OCR also requires the realist approach to law making, including different viewpoints within realism such as left and right realism and their impact on specific areas of law.
Realist approaches should therefore be included among the competing sociological explanations students are prepared to apply.
However, the supplied OCR specification and assessment material used here name left and right realism without setting out detailed substantive definitions of each approach.
For the detailed distinction, use your learning from realist approaches [Realist approaches].
In this evaluation lesson, the essential skill is to test the relevant realist viewpoint against an area of substantive law and compare it with another theoretical explanation.
Comparing theories rather than listing them
A strong answer should not contain a sequence like:
Consensus theory says...Conflict theory says...Labelling theory says...Left realism says...Right realism says...
without analysing law.
Instead, organise the response around legal issues or arguments.
For example:
This area initially appears to support consensus theory because...
Then develop it:
However, the competing interests involved may make conflict theory a stronger explanation because...
Then, where relevant:
Labelling theory offers a different perspective because it focuses on how the legal system responds once conduct is classified as unlawful.
This creates genuine comparison.
No single theory has to explain the whole legal system
The specification requires students to understand different theories and how they are reflected in the legal system.
That does not mean you must decide that one theory explains every area of law.
A more sophisticated conclusion may be that:
different theories explain different features
the same legal issue can support competing interpretations
the usefulness of a theory depends on the legal context
This is especially useful when the question asks you to discuss the extent to which a particular view is correct.
The media as an agent of social change
The media provides another challenge to the idea that law simply controls society.
OCR expressly requires the media's role in creating moral panic as an agent of social change.
Media attention may:
increase public awareness
make an issue politically prominent
contribute to public pressure
influence political agendas
increase pressure for a legal response
This demonstrates society potentially influencing law.
Evaluating media influence
Media influence may be significant without being decisive.
The media:
does not itself enact legislation
cannot guarantee that legal change will occur
operates alongside other political and social influences
Furthermore, a highly publicised issue does not necessarily represent a genuine consensus within a pluralist society.
This creates a useful evaluative contrast:
Media attention may reveal social concern
but
Media attention does not automatically prove social consensus.
Law responding to social change
One argument in favour of a strong relationship between law and society is that the legal system can respond to changing social circumstances.
However, the effectiveness of that response may depend on:
how quickly law reacts
whether the legal response reflects social attitudes
whether the rule receives public acceptance
whether the rule produces the intended effect
A law that responds to social change successfully may reinforce the view that law and society are closely connected.
A law that fails to keep pace with social attitudes may demonstrate tension between them.
Law influencing social change
The relationship may also operate in the other direction.
Once law changes, the legal rule itself may:
alter formal expectations
change the consequences attached to behaviour
influence individual choices
contribute to the development of social norms
The central question is therefore often one of cause and effect.
Did society change first and produce the law?
Or did the law help change society?
In practice, the OCR framework allows you to argue that both processes may operate.
Evaluating social control in a pluralist society
Pluralism creates one of the major difficulties for social-control theory.
If society contains different values, it may be difficult for law to create rules which:
satisfy all groups
represent a genuine consensus
avoid conflict
gain universal acceptance
A legal rule may therefore act as formal control even though some groups strongly reject it.
This can support conflict theory and weaken a simple consensus interpretation.
At the same time, complete agreement is not necessary for a legal system to function.
The relevant evaluation is therefore about the degree of consensus and conflict.
Using substantive law as evidence
OCR Section A requires learners to bring together material from across their full course of study.
This means substantive law should be used as evidence for your sociological argument.
The 2024 social-control mark scheme specifically identifies possible material from:
criminal law
contract law
tort law
while Section A generally permits examples from the full course.
The key is not how many examples you know.
It is how effectively you explain their connection to the question.
Criminal law as evidence
OCR's 2024 mark scheme identifies self-defence and consent as possible criminal-law examples in a social-control discussion.
Criminal law can support evaluation because it allows you to consider:
law setting boundaries for behaviour
formal social control
competing interests
the relationship between legal rules and social attitudes
Possible theoretical links
Consensus:A criminal rule may reflect a broadly shared belief about acceptable behaviour.
Conflict: The rule may involve competing views about freedom, protection and the appropriate limits of lawful behaviour.
Labelling: Criminal law formally classifies behaviour as unlawful where the necessary legal requirements are established.
The strongest analysis is likely to compare these explanations rather than simply selecting one.
Tort law as evidence
OCR specifically identifies tort law as capable of illustrating the balancing of individual rights against the wider social context.
Tort law can therefore support arguments about:
competing interests
social responsibility
legal regulation of behaviour
how far rules reflect wider social considerations
Conflict theory may be particularly useful where interests must be balanced.
However, if a particular underlying responsibility is broadly accepted, consensus may also be relevant.
Contract law as evidence
Students taking H418/04 can use contract law.
OCR's 2024 mark scheme specifically identifies consumer rights as one possible example.
Contract law may demonstrate:
regulation of relationships
legal intervention in private agreements
competing interests between parties
the relationship between individual freedom and legal protection
Again, substantive law should be used to prove or challenge a sociological explanation, not simply described.
Human rights law as evidence
Students taking H418/03 may use human rights material from their full course of study.
Human rights law can be particularly useful where:
individual rights compete
individual freedom conflicts with wider interests
public authorities exercise legal power
legal rules respond to changing social attitudes
This can provide evidence for consensus, conflict or other theoretical interpretations depending on the precise issue.
The specification requires Section A answers to draw together concepts and issues from across the full course, so the theory should determine which example is most useful.
Do not turn examples into mini essays
One of the biggest risks is spending too much time explaining substantive law.
Suppose you use self-defence.
You do not need to reproduce everything you know about the defence.
You need enough law to establish the analytical point.
A useful structure is:
Legal example: Identify the relevant rule.
Theory: Explain which sociological explanation it supports.
Reasoning: Explain why.
Counterargument: Introduce another theory or limitation.
Link: Return explicitly to the question.
Example of weak evaluation
Criminal law is social control. Consensus theory shows that people agree with criminal law. Conflict theory says people disagree. Labelling theory is about labelling criminals.
This has several problems:
the theories are asserted rather than applied
no substantive legal rule is actually analysed
consensus is oversimplified
there is no evaluation
there is no sustained argument
Example of stronger evaluation
Criminal law can support a consensus explanation where a legal rule reflects behaviour that is broadly regarded as unacceptable, allowing formal law to reinforce existing social norms. However, the same area may also involve disagreement over the limits of individual freedom, supporting conflict theory. Labelling theory adds a different perspective because criminal law formally classifies certain conduct as unlawful. The example therefore suggests that different theories may explain different aspects of the same system rather than one theory providing a complete explanation.
This paragraph:
identifies the law and society issue
compares theories
develops a counterargument
reaches a mini judgement
Building evaluation through counterarguments
The most effective paragraphs often follow:
Point → legal evidence → theoretical explanation → counterargument → judgement
For example:
Point: Law can shape society through formal social control.
Evidence: Use a suitable substantive legal rule.
Explanation: Connect it to consensus or another theory.
Counterargument: Society may already have accepted the norm, suggesting the law is following rather than creating social attitudes.
Judgement: The example therefore demonstrates a two-way relationship.
This structure creates genuine AO3 analysis.
Which theory is strongest?
There is no specification requirement that one theory must always be regarded as superior.
A sensible evaluation might conclude:
consensus theory is useful where law and social norms broadly coincide
conflict theory is useful where competing interests and disagreement are prominent
labelling theory is useful for examining the formal and informal response to behaviour
realist approaches provide further viewpoints which should be tested against specific areas of law
The strength of each explanation depends on the example being considered.
Evaluating the effectiveness of law as social control
OCR has directly examined this issue.
The 2024 question asked students to discuss how effective law is as a mechanism of social control.
A balanced evaluation may consider:
Reasons law may be effective
rules formally regulate behaviour
institutions exist to apply the rules
legal consequences can affect individual decisions
law may reinforce social norms
law may respond to social change
Reasons its effectiveness may be limited
informal controls may be equally or more influential
controversial rules may lack social acceptance
society may contain competing values
legal rules can be misunderstood or inconsistently experienced
social attitudes may change independently of law
The conclusion should depend on the evidence used.
Evaluation should remain question focused
Nature of law questions can be broad, but OCR examiners repeatedly warn against writing a prepared essay which has not been adapted to the precise wording of the question.
A question about social control is not identical to a question about:
consensus
conflict
media influence
law making
social change
The same knowledge may be relevant, but the argument must be framed around the question asked.
How OCR rewards evaluation
The 2024 social-control mark scheme allocated:
8 marks for AO1, knowledge and understanding
12 marks for AO3, analysis and evaluation
At the highest level, OCR expects a wide-ranging response with sustained focus, fully developed key points, a clear line of reasoning and a valid conclusion.
This reinforces a key lesson:
Theories are the starting point, not the finished answer.
The greater challenge is showing what the legal evidence demonstrates about those theories.
A strong paragraph method
For a Section A law and society essay, use:
1. Make a clear argument
For example:
Law can be an effective mechanism of social control where legal and social norms reinforce each other.
2. Explain the relevant theory
Use consensus theory briefly and accurately.
3. Give a specific legal example
Choose material from your OCR course.
4. Explain the connection
Show why the law supports your argument.
5. Challenge the argument
Introduce conflict, labelling, realism or the reverse influence of society on law.
6. Reach a mini conclusion
State what the example ultimately demonstrates about law and society.
Repeat the process with different areas of law.
Breadth versus depth
OCR examiner guidance indicates that a range of theories is useful, but spending too long describing each theory is inefficient.
The 2024 report found that stronger candidates:
applied theories to a good range of legal areas
linked examples back to the question
developed arguments with an additional point or counterargument
used examples from across the specification
Less successful responses often contained lengthy theoretical explanation without effective legal application.
Therefore:
brief theory + developed legal analysis
is usually stronger than:
long theory + brief legal reference.
Use specific rather than vague legal evidence
A statement such as:
Tort law supports conflict theory.
is too vague.
A stronger answer identifies the particular aspect of tort law being used and explains what competing interests it demonstrates.
Similarly:
Criminal law supports social control.
needs development.
Always complete the thought:
because...
Specific legal evidence makes theoretical evaluation convincing.
Different theories can reinforce each other
Not all sociological explanations need to contradict each other completely.
For example:
consensus theory may explain why a rule receives broad support
labelling theory may explain how breaches of that rule are treated
conflict theory may explain disagreement over the boundary of the rule
Each theory may therefore answer a slightly different question about the same legal area.
This can produce a more nuanced conclusion than simply declaring one theory "correct".
Different theories can also contradict each other
At other times the theories genuinely compete.
For example:
Consensus interpretation: Law reflects a shared social value.
Conflict interpretation: The apparent shared value masks disagreement between competing groups.
The task is then to use legal evidence to decide which explanation is more persuasive in that particular context.
A framework for evaluating any substantive example
When choosing a case, statute or legal rule from your course, ask:
What behaviour or relationship is being regulated?
Does the law appear to reflect an existing social norm?
Does the law create or reinforce that norm?
Which groups or interests are in conflict?
How does the legal system classify or respond to the behaviour?
Could informal social controls also explain behaviour?
Did social change influence the law?
Does the example support consensus, conflict, labelling or a realist approach more strongly?
You do not need to answer all eight questions for every example. They are a revision tool for finding analytical points.
Building a whole 20-mark answer
A strong answer could follow this broad structure:
Introduction
identify the precise issue in the question
establish that law and society have a two-way relationship
indicate that different theories offer competing explanations
Paragraph 1
theory
substantive law example
application
counterargument
Paragraph 2
contrasting theory
different substantive example
evaluation
mini conclusion
Paragraph 3
informal versus formal social control
relevant legal material
consideration of effectiveness
Paragraph 4
society influencing law, perhaps through media or social pressure
contrast this with law influencing society
Conclusion
directly answer the wording of the question
weigh the competing theories and examples
avoid introducing new material
The exact structure should always be adapted to the question.
Avoid theory dumping
Theory dumping means reproducing everything you have memorised about theories before beginning any legal analysis.
OCR's 2024 report specifically identified lengthy theoretical discussions which were not linked effectively to law as a weakness.
Instead of writing four theory paragraphs first, integrate theory and law throughout the essay.
For example:
Consensus → criminal example → evaluation
then:
Conflict → tort example → evaluation
rather than:
Consensus → conflict → labelling → realism → all legal examples at the end
Avoid example dumping too
The opposite problem is giving lots of cases or statutes without theoretical analysis.
OCR's Section A requires theory and substantive law to work together.
A long list of legal authorities demonstrates little unless you explain:
why the authority is relevant
which theoretical point it supports
whether it strengthens or weakens your argument
Selectivity is usually more effective than quantity.
Reaching a supported conclusion
A strong conclusion should not simply say:
Overall, law and society influence each other.
That is accurate but underdeveloped.
A better conclusion should judge:
whether formal law is an effective social control
how important informal controls are
whether consensus or conflict provides the stronger explanation in the examples used
how far society drives legal change
whether any one theory can explain the legal system adequately
For example, a conclusion might argue that the relationship is genuinely reciprocal and that no single sociological theory fully explains it. Consensus may explain laws that reinforce widely accepted norms, while conflict better explains controversial areas involving competing interests and labelling helps explain the operation of formal legal control.
The conclusion should follow from the evidence already analysed.
Evaluating law and society A-Level Law revision summary
For OCR H418, the central evaluative ideas are:
Law can shape society through formal social control and by influencing social norms.
Society can shape law through changing attitudes and pressure for legal development.
Informal social control can influence behaviour alongside formal law.
Consensus theory helps explain laws which reflect broadly shared values.
Conflict theory helps explain legal rules involving competing interests and social disagreement.
Labelling theory helps explain how legal and social systems respond to behaviour.
Left and right realism provide further viewpoints which OCR expects students to apply to specific areas of law.
Media and moral panic can contribute to social and political pressure for change.
Substantive law should be used as evidence to test theories rather than merely described.
The strongest overall evaluation often recognises that law and society influence each other and that different theories explain different aspects of that relationship.
This integrated approach prepares you for synoptic nature of law [Synoptic nature of law], where morality, justice and society must be brought together with substantive legal knowledge.
Key Words 🔑
Key word | Student-friendly definition | How it may be used in an exam |
Social control | The regulation of behaviour within society through formal or informal mechanisms. | Evaluate whether law is effective in influencing behaviour and maintaining social norms. |
Consensus theory | An explanation emphasising broadly shared social values and norms. | Apply to laws which appear to reflect or reinforce widely accepted standards. |
Conflict theory | An explanation focusing on competing interests and disagreements within society. | Apply where law must balance or choose between different social interests. |
Labelling theory | An explanation focusing on how behaviour or individuals are classified and responded to. | Apply particularly to formal legal responses to prohibited behaviour. |
Pluralism | The existence of different values and viewpoints within society. | Use to challenge claims that a legal rule necessarily represents complete social consensus. |
Hints from the Examiner Reports 💡
The Summer 2024 Section A question directly tested law as a mechanism of social control, making its examiner report particularly relevant to this lesson.
Examiner hint: Link every theory to substantive law. The stronger responses applied a good range of legal areas to theories and then connected the example explicitly back to the question.
Examiner hint: Add a counterargument. OCR noted that more successful candidates developed their initial theoretical connection with an additional legal point or a contrasting argument.
Examiner hint: Do not over-explain the theories. Only 8 marks were available for AO1 in the 2024 question, compared with 12 marks for analysis and evaluation. Spend more of the essay explaining what the legal examples demonstrate.
Examiner hint: Use examples from across the OCR specification. There was no compulsory substantive area for the 2024 social-control question, so select examples that genuinely strengthen your argument.
Examiner hint: Use the English legal system. The examiner report specifically advised candidates to avoid relying on laws from other jurisdictions.
Examiner hint: Adapt your knowledge to the exact wording of the question. Earlier examiner reports also warn that prepared responses score less well where candidates fail to maintain a clear focus on the specific issue being assessed.
Common Mistakes ⚠️
Mistake: Treating law and society as a one-way relationship
Why this is incorrect: OCR requires consideration of law shaping society and the influence of society upon law.
How to improve: Build both directions into your evaluation:
law → society and society → law.
Mistake: Describing every theory separately
Why this is incorrect: This may demonstrate knowledge but produces little evaluation if the theories are never compared or applied.
How to improve: Organise paragraphs around legal issues and compare theories within the same paragraph.
Mistake: Assuming consensus means complete agreement
Why this is incorrect: A pluralist society contains different values and viewpoints.
How to improve: Refer to broad agreement and then consider whether competing interests weaken the consensus interpretation.
Mistake: Assuming conflict theory means every law is unfair
Why this is incorrect: Conflict theory focuses on competing interests. It does not automatically establish that the legal outcome is unjust.
How to improve: Identify the competing interests and evaluate how the law deals with them.
Mistake: Listing cases and statutes without analysis
Why this is incorrect: Substantive law only helps a nature of law response when its relevance to the theory and question is explained.
How to improve: After every legal example, complete the sentence:
"This supports or challenges the theory because..."
Mistake: Theory dumping
Why this is incorrect: OCR's 2024 examiner report found that weaker responses often spent too long describing theories without effectively linking them to areas of law.
How to improve: Use shorter theoretical explanations and devote more space to legal application, comparison and counterarguments.
Mistake: Assuming one theory must explain everything
Why this is incorrect: Different theories may explain different aspects of the same legal system.
How to improve: Compare the strengths of each approach in the specific legal context before reaching your conclusion.
Exam-Style Questions ✍️
Questions
1. State the two directions in which law and society may influence one another. [2]
2. Explain why informal social control may make it difficult to measure the effectiveness of law as a mechanism of social control. [4]
3. Explain one reason why a legal rule may support both consensus theory and conflict theory. [4]
4. A particular form of behaviour is prohibited by law and widely disapproved of within society. However, a minority argues strongly that individuals should remain free to engage in the behaviour.
Analyse how consensus and conflict theory could both be used to explain this situation. [6]
5. Explain how labelling theory offers a different explanation of the legal system from consensus theory. [6]
6. Using one substantive area of OCR H418, analyse how a legal rule may operate as a mechanism of social control. [8]
7. "Society changes the law more than law changes society."
Analyse the arguments for and against this statement. [10]
8. "No single sociological theory provides a satisfactory explanation of the relationship between law and society."
Discuss the extent to which you agree, using examples from your full course of study. [20]
Answers and Indicative Mark Scheme
Question 1 [2]
Award 1 mark for each:
law can influence or shape society
society can influence or shape law
Question 2 [4]
Indicative answer:
Informal controls such as family, schools, religious organisations and peer groups can influence behaviour alongside formal law. If a person complies with a legal rule, their behaviour may therefore result partly from social norms rather than legal enforcement. This makes it difficult to determine how much of the behaviour has been caused by the law itself.
Higher marks require a clear connection between informal control and difficulties measuring legal effectiveness.
Question 3 [4]
Indicative answer:
A rule may support consensus theory because its general purpose reflects a value broadly accepted within society. However, disagreement about the rule's precise limits may reveal competing interests and therefore support conflict theory. Consensus and conflict can therefore exist within the same legal issue.
Question 4 [6]
Indicative answer:
Consensus theory is supported because the conduct is prohibited by law and widely disapproved of socially. The rule may therefore reflect and reinforce an existing social norm.
However, conflict theory is also relevant because the minority believes individual freedom should take priority. The legal rule therefore resolves a conflict between competing views by imposing one legal standard.
Higher marks require both theories to be applied and compared.
Question 5 [6]
Indicative answer:
Consensus theory focuses on the relationship between law and broadly shared social values. It can explain why a legal rule reflects or reinforces accepted norms.
Labelling theory instead concentrates on the reaction to behaviour. Legal rules classify particular conduct, and formal institutions are involved in determining and responding to breaches.
The two theories therefore focus on different questions. Consensus theory may help explain why a rule reflects social values, while labelling theory helps explain how the legal system responds once conduct is treated as unlawful.
Question 6 [8]
Students may use an appropriate area from their OCR course.
Possible approaches include:
criminal law, including rules concerning self-defence or consent
tort law, particularly balancing individual interests against a wider social context
contract law, including consumer rights for H418/04 students
human rights law for H418/03 students where appropriately connected to the argument
A strong answer should:
identify the substantive legal issue
explain how the rule regulates behaviour or relationships
connect it to formal social control
apply at least one relevant sociological theory
consider an alternative explanation or limitation
reach a supported mini conclusion
Question 7 [10]
Indicative content may include:
Arguments that society changes law:
changing attitudes may create pressure for legal development
social action may influence political priorities
media attention may act as an agent of social change
law may respond to existing social norms rather than create them
Arguments that law changes society:
legal rules formally regulate behaviour
legal consequences may influence individual decision making
law may reinforce or alter social norms
formal social control may affect behaviour even where social attitudes are divided
A strong conclusion should recognise that the relationship may be reciprocal and that the relative importance of each direction depends on the particular area of law.
Question 8 [20]
A strong response should compare the required sociological explanations and integrate them with substantive legal evidence.
AO1 knowledge and understanding may include:
the role law plays in society
law as social control
formal and informal control
media and moral panic
consensus theory
conflict theory
labelling theory
realist approaches, including left and right realism
examples from substantive law studied across OCR H418
AO3 analysis and evaluation may include:
whether law reflects or creates social norms
whether society influences legal development
strengths and limitations of consensus theory in a pluralist society
the usefulness of conflict theory where interests compete
whether consensus and conflict can coexist
the usefulness of labelling theory in explaining formal legal responses
the ability of realist viewpoints to offer alternative explanations when applied to substantive law
the importance of formal compared with informal mechanisms of social control
the role of media as an agent of social change
whether the same legal rule can support different theoretical interpretations
comparison of examples from criminal law, tort, contract or human rights
whether any theory is capable of explaining the whole legal system
A strong conclusion could argue that no single theory is sufficient on its own. Consensus theory may explain areas where legal and social norms broadly coincide, while conflict theory is more persuasive where competing interests are obvious. Labelling theory offers insight into the legal response to behaviour, while realist approaches provide further ways of analysing particular areas of law. The wider evidence suggests that law and society have a reciprocal relationship in which both formal legal rules and social developments can produce change.
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