Balancing Conflicting Interests

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Explain what is meant by balancing conflicting interests. Discuss the extent to which English law balances conflicting interests and briefly consider whether it is important to do so. Many argue that the law should act as a natural arbiter against the competing interests of those who seek to use the law and demand justice. Ultimately differing legal actors will have differing and competing interests. This is an age old legal dilemma and is what is effectively meant by ‘balancing conflicting interests.’ In the nineteenth century, von Jhering recognised law as a means of ordering society in a situation where there were many competing interests, not all being economic; as he believed utilitarianism views he was concerned with social aims and results over individuals. His view was that legal developments were driven by the constant tussle between individuals and groups within society to have their interests portrayed and supported by the law. As a result the law acts to determine the true balance between different interests by examining the value of each. Roscoe Pound identified 2 categories of interests in the law. Firstly is social interest, such as health and safety and public order, whilst individual interests include privacy and domestic relations. Pound believed where possible the law should create a level playing field of these interests meaning social interests should be weighed against social interests and individual interests against individual interests as a failure to do this will result in a bias in favour of social interest. Karl Marx believed the law was part of the ‘repressive state apparatus’ used to ensure the continuing exploitation of the working class members of society by the upper and ruling classes. For Marx, the law treated as lesser the interests of the lower classes to those of the upper classes and so did not and would not truly
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