Compare and contrast consensus and conflict theories of law.

Question

What will be an ideal response?

Answer 1

Conflict and consensus theories are both perspectives on society and how laws interact with society.
More specifically, the consensus theory emphasizes how society is structured to maintain stability and
view it as an integrated network of institutions that function to maintain social order and the system as a
whole. Stability is achieved through cooperation and shared values. Conflicts are temporary. Law is a
just and necessary mechanism for controlling behavior. Law is seen as reflecting the community’s deeply
held values and is a legitimate expression of morality and custom. If coercion is needed, it is because the
individual, not the law, is flawed. The law is followed out of respect and is willingly supported by all good
people. The belief is that society is basically good. The conflict theory differs from the consensus in that it
considers society to be composed of individuals and groups with sharply different interests and is
characterized by conflict and dissention. People and groups seek to maximize their interests and since
resources are limited, conflict is inevitable and continuous. Social institutions function to maintain the
privilege of the few and to keep the many subservient to them. The theory sees human nature as
exploitive and asserts that the law functions to preserve the power and privilege of the most exploitive
individuals. The law exists to settle conflicts and restore social peace, but conflicts are always settled in
favor of the ruling class over the ruled. The working class accept a false consciousness (ideological
worldview that is contrary to their best interests) that is generated by the ruling class.