GCE Law H415/03: Further law Advanced GCE Mark Scheme for Autumn 2021. Graded A+. Download to score

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AnnotationsH415/03 Mark Scheme October 2021 Subject Specific Marking Instructions Section A 1. Discuss the extent to which the law reflects the society it stems from. Assessment Objectives AO1: ... Demonstrate knowledge and understanding of the English legal system and legal rules and principles. 10 marks. AO3 1b: Analyse and evaluate legal concepts and issues. 15 marks. Additional guidance The ‘indicative content’ is an example of valid content. Any other valid content is acceptable and should be credited in line with the levels of response. It is not expected for candidates to cover all of the indicative content. AO1 Indicative content Answers may: • Define society and the idea of shared beliefs, culture and language • The role pluralism plays in our society • The role of law in society and the principles governing the law – the rule of law • Protection of the public, promoting common good, resolving disputes and persuading people to behave in a particular way • How society can change the law through protest, riots, campaigning and civil disobedience • The concept of the moral panic and the influence it has on social change. The role of the media in supporting such change • Law as a social control mechanism - Roscoe Pound • Society as a driver for change - recent examples include: Gender Recognition Act 2004, Marriage (Same Sex Couples) Act 2013 • Laws have been slow to respond to societal change • In other areas, such as euthanasia the law still lags behind public demand for change for public policy reasons • Explain how changes in the law can change society’s views or morals e.g. homosexuality, abortion, smoking and hunting • Explain the relationship between law and society through informal social controls such as family, schools, religious organisations and peer groups (e.g. bystander intervention and citizen patrol groups); and formal social control mechanisms such as prisons, the judiciary and the police • Explain theories such as conflict, consensus and labelling • Describe the realist approach to law making • Include examples from the full course of study including sentencing policy, crime statistics, influences on parliament Credit any other relevant point(s)H415/03 Mark Scheme October 2021 AO3 Indicative content Answers may discuss: • how the law uses its power to influence and change social norms to reduce the instances of social unrest • how the law reacts to civil disobedience e.g. increased police powers to deal with protestors, the harsh treatment of rioters • examples of when society has managed to influence social change through protest e.g. gay rights, abolition of the poll tax • the influence of the media in pushing the political agenda of the parties and/or the government • the media as a tool to create a moral panic so that society will support changes in the law • the changing moral values of a pluralist society • how informal social control is achieved through socialisation to create social norms shared by groups and society as a whole • the strengths and weaknesses of the consensus and conflict theory • the impact of labelling theory and its ability to create subcultures • the strengths and weaknesses of the realist theories Reach any sensible conclusion Credit any other relevant point(s). AO1 Mark AO3 1b Mark Level 4 Excellent knowledge and understanding of the English legal system, rules and principles. The response is accurate, fully developed and detailed. There will be excellent citation of fully relevant statutes and case law, where appropriate to the question. 9–10 Excellent analysis and evaluation of a wide range of legal concepts and issues. The response is wide ranging and has a sustained focus on the question. The key points are fully discussed and fully developed to reach a valid conclusion where required by the question. There is a well-developed line of reasoning which is clear and logically structured. The information presented is relevant and substantiated. 12–15 Level 3 Good knowledge and understanding of the English legal system, rules and principles. The response is detailed, but not fully developed in places. There will be good citation of mostly relevant statutes and case law, where appropriate to the question. 6–8 Good analysis and evaluation of a range of legal concepts and issues. The response has a consistent focus on the question. Most of the key points are well discussed and well developed to reach a valid conclusion where required by the question. There is a line of reasoning presented with some structure. The information presented is in the most-part relevant and supported by some evidence. 8–11 Level 2 Basic knowledge and understanding of the English legal system, rules and principles. The response is partially developed. There will be some reference to statutes and case law, where appropriate to the question [Show More]

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