What functions does law perform in society, and how does it respond to social change?
Law and society: the functions of law, legal realism and the consensus and conflict views, and the role of law in achieving social, technological and moral change.
An OCR A-Level Law guide to law and society. Explains the functions of law, legal realism and the consensus and conflict views, and the role of law in social, technological and moral change, with examples, worked exam answers and the AO3 evaluation the Component 3 paper rewards.
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What this dot point is asking
OCR Component 3 Section A requires you to explore the role of law in society: the functions it performs, the theories about whose interests it serves (the consensus and conflict views, and legal realism), and how far law is an effective instrument of social, technological and moral change. Section A questions are extended-response evaluation essays (AO3), so the skill is to build a critical argument and reach a judgement.
The answer
The functions of law
Consensus, conflict and realism
There are competing views about whose interests the law serves:
- The consensus view (Durkheim, functionalism). Law reflects the shared values of society and serves the common good. In a democracy, law made by elected representatives expresses a broad social consensus, maintains order, and protects everyone.
- The conflict view (Marxist theory). Law is an instrument of the powerful: it protects property and the existing economic order, and the criminal law and its enforcement may bear more heavily on the poor than on the wealthy. On this view, "justice" can mask inequality.
- Legal realism. Law is best understood not as the rules in the books but as what judges and officials actually do: the realities of enforcement, discretion and judicial decision-making shape the law people actually experience.
Law and social change
Law has a complex relationship with change:
- Law can lead change, using its authority to reshape society: the Race Relations Acts and the Equality Act 2010 outlawed discrimination, and the Marriage (Same Sex Couples) Act 2013 changed a major social institution.
- Law can follow change, responding to shifts in attitudes and technology: the decriminalisation of homosexual conduct followed changing social attitudes, and data protection and online regulation respond to new technology.
Examples in context
A strong Section A answer uses examples to evaluate the theories and ends with a clear judgement.
Try this
Q1. Explain the main functions of law in society. [shown at the 10-mark level for revision; Section A questions are extended-response 20-mark essays]
- What the marker wants. Precise AO1 within an evaluative frame: social control, dispute resolution, protection of people and property, setting standards, and the symbolic expression of values, each with a brief example.
Q2. Discuss the extent to which the law successfully responds to technological change. [Section A extended-response evaluation, 20 marks]
- Cue. An AO3 evaluation: law often lags behind technology (data protection, online harms, AI), responding reactively; weigh its successes (data protection regimes) against its delays and enforcement difficulties, and judge how effectively law keeps pace.
Exam-style practice questions
Practice questions written in the style of OCR exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
OCR H418/03 2019 (Section A essay)20 marksDiscuss the extent to which the law is an effective instrument of social change. [Section A extended-response evaluation, AO3]Show worked answer →
A Component 3 Section A extended-response essay, almost entirely AO3, marked by levels of response. The top level builds an argument with examples and judges.
The functions of law. Explain law as a means of social control, of resolving disputes, of protecting people and property, and of setting standards, and the consensus view (Durkheim: law reflects shared values) against the conflict view (Marxist: law serves the powerful).
Law and change. Show how law can lead change (the Race Relations and Equality Acts; the Marriage (Same Sex Couples) Act 2013) and how it responds to change (regulating new technology, data protection, the decriminalisation of homosexuality following changing attitudes). Note that law can both drive and lag behind social attitudes.
Judgement. Conclude that law is a powerful but partial instrument of change, effective when backed by enforcement and shifting attitudes, less so when it runs ahead of public opinion. The top level judges rather than describes.
OCR H418/03 2021 (Section A essay)20 marksEvaluate the view that the law simply reflects the interests of the powerful in society. [Section A extended-response evaluation, AO3]Show worked answer →
A Component 3 Section A extended-response essay (AO3). The top level evaluates the consensus and conflict views and judges.
The conflict view. Marxist theory: law serves the ruling class, protecting property and the existing economic order; criminal law and policing may bear more heavily on the poor.
The consensus view. Durkheim and functionalism: law reflects the shared values of society and serves the common good, resolving disputes and maintaining order; democratic law making and rights protections support this.
Use examples: property and corporate law (supporting the conflict view), anti-discrimination and consumer protection law (supporting the consensus view). Conclude with a reasoned judgement on how far the conflict view holds. The top level evaluates and judges.
Related dot points
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- The extended evaluation essay (AO3): building a balanced critical argument with examples, weighing strengths and weaknesses, and reaching a reasoned and supported judgement that answers the question.
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Sources & how we know this
- OCR A Level Law (H418) specification — OCR (2017)