Discuss the Meaning of the Term Balancing Conflicting Interests

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Discuss the meaning of the term balancing conflicting interests. Critically analyse the extent to which the law does balance conflicting interests and discuss any difficulties it faces in doing so? First we must discuss the theorists and what they thought the law did about conflicting interests and whether the law is able to balance these or not. Firstly Karl Marx said that the law was made for the benefit of those who own the capital to ensure the continued oppression of the workers. Therefore the law did not resolve conflicting interests but imposed the interests of one group over another. While this can still happen today it seems that the law does try hard to make sure everyone is satisfied and everyone’s interests are accounted for. Rudolf von Jhering said that the law is the main way of ordering society, his views was that the rights of the majority should take precedence over the individual. He said that society is made up of conflicting interests that cannot all be satisfied and that the role of the law was to balance them out so the individual conformed to the needs of society. Roscoe Pound said that interests are both individual and social and that conflicts are only resolved through considering them on the same level. Individual against individual and society against society and therefore failure to do this is bias towards society. He also believed in consensus view of society believing that interests should be balanced in line with society’s values. There are many theories to whether conflicting interests are balanced but we must look at parliament to see what they do to tackle this problem. Parliament does manage to balance conflicting interests in the process of making an act. As firstly party manifestos are put to the country for a general election then the parliamentary procedure is taken which allows amendments to be made and for the House of Lords
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