Consider whether English Law is effective in balancing conflicting interests

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People would want their interests to be protected by law, through various sets of rules. In this case interests can be referred to as a person’s rights. Therefore the law is there to protect a person’s rights by imposing a corresponding duty on the other party so that they are bound in law not to interfere with those rights. Interests and rights are not always easy to define so inevitably, the interests of an individual and those of the majority may sometimes become 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 all economic. 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. He expressed that law could be used in self-interest by individuals and groups in order to achieve advances in their own purposes. As a result, the law acts to determine the true balance between different interests by examining the value of each. The American legal scholar, Roscoe Pound, was influenced by Jhering. He recognised three competing interests; individual, public and social. Individual interests included the likes of privacy, personality, property and domestic relations. Seeking legal recognition could be classified as an individual interest. Public interests are emphasised by individuals. Lastly, social interests consist of such things as safety, public order, health, freedom of speech, resource conservation as well as economic and political progress. Another aspect of this is for a person to be able to live a human life in accordance to the standards set by society. Many examples exist of public interests against private interests and the inferiority of individual rights to the interests of the community. This can be exhibited through aspects

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