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Compare the value-consensus model of law creation with the ruling class model. Describe the theory of each one. What are the weaknesses of each?

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Final answer:

The value-consensus model views laws as arising from social consensus, reflecting common values, but may ignore diversity and conflict in society. The ruling class model sees laws as tools for the powerful to maintain control, but can overlook how laws may represent broader interests or change over time.

Step-by-step explanation:

The value-consensus model and the ruling class model are two theories explaining how laws are created in a society. The value-consensus model, closely associated with functionalism, suggests that laws arise from a general agreement among society's members. It posits that laws reflect common values and norms, ensuring social harmony and integration. However, one of the main weaknesses of this model is that it can overlook the complexity of society and the existence of diverse groups with potentially conflicting interests.

On the other hand, the ruling class model, derived from conflict theory, asserts that laws are a tool used by the ruling class to maintain control and serve their own interests. It emphasizes that legal systems are biased in favor of those with power, particularly the middle and upper classes, typically at the expense of the working and lower classes. A key weakness of the ruling class model is that it can be overly deterministic, not accounting for the ways in which laws can sometimes reflect a broader public interest or change due to social movements.

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