The law is important for a society for it serves as a norm of conduct for citizens. It was also made to provide for proper guidelines and order upon the behaviour for all citizens and to sustain the equity on the three branches of the government.
The law is important because it keeps the society running. Without law there would be chaos and it would be survival of the fittest and everyman for himself. Not an ideal lifestyle for most part!
The law is important because it acts as a guideline as to what is accepted in society. Without it there would be conflicts between social groups and communiies. It is pivotal that we follow them. The law allows for easy adoption to changes that occur in the society. As time changes so will a law. Laws are constantly being amended when needed. People may not agree with a certain law but that is just the way society works.
Laws are generally based on common sense, e.g., Don’t drive drunk, respect others and their belongings and the like. Generally if all people at all times followed common sense, laws would not be necessary. Other laws are used to regulate things such as trade, immigration and sales.
We all know that the law is very important in the society. It is a must in order for a society to maintain peace and remain problem-free. Law is man-made, therefore it is in us if we will follow it or not. If we do not follow the law, it doesn?t mean we will die, so nature has nothing to do with the laws of man.
The law can give protection to the victims and will punish those who have done unlawful actions. We do not have any option, where we can choose from, if we disobey, then, we have to face the consequences. If a society won?t have a system of law on it that will control how the people handle their lives, then there would not be a society to live in. People will be able to make decisions that will solely be based on their principles, then they would be able to commit crimes if they want to, steal, murder, damage, bully, rape, trespass, and even terrorize whatever or whoever or whenever they want to, and nothing would be done about it at all.
Therefore, it will be a disaster if people in a society execute actions which solely based on their principles. If there is no law, nothing will stop the people from doing things that they wan. With that, they will be free to do anything in revenge. It will be vice versa for they know that they could totally get away into anything they do, even if it is bad and unlawful.
Eventually, the society will be full of crime, murders and illegal actions. Should there be no rules in a society, then even a simple waste disposal process will be a big problem that could affect the whole world. If not done properly, it may lead to diseases that can kill the human race. The supply of water could also be affected if there were no rules. No one will work to maintain its cleanliness since they may turn into doing things that may easily pay them more even though it is not right at all. No one will cure us when we are ill and help us in times of trouble. In the end, each of us will find our own ways to live and survive. Simply put, it?ll be like a war zone.
This merely shows how important it is to have a system of law in a society to regulate good relationship with each other, even for those with conflicting interests. This is the only procedure that could ensure that the human rights are respected. If we won?t have laws, our society would not be able to function effectively. Crimes will become such an everyday occurrence that children will grow up and will then find it normal, which is not desirable for our future generations. That is why the law is very important, since it ensures the safety of our future generations.
Law is a form of Social Science. Society and law are closely related to each other. Law tells the nature to live the social life and this also increases with the economic, scientific and technological progress. Law also changes with social changes and plays an important role in the fulfilment of social needs.
So for the fulfilment of social need, there is a provision by constitutional amendment and this is the responsibility of judiciary that the law which violates the constitutional provisions, public interests and fundamental rights should be declared void.
Legal reforms have been at the centre of the agenda for strategizing gender justice in India. Uniform Civil Code is merged in the Article 44 by the Indian Constitution as a result of social change. It signifies a uniform code of conduct without discriminating over caste, religion, parentage, community and cultural recognition for all citizens of country and also Article 21 regarding ?Protection of life and personal liberty? as a result of social change.
In this article new prison jurisprudence, Right to Speedy Trial, Right to Free Legal Service, Right to Human Dignity, Right against Torture etc., have been made some of the components of the fundamental rights. Law is a medium through which social objects can be achieved. So, change of law is must with social changes, otherwise law will be of no value.
Law is rooted in social institutions and in socio-economic network. These social factors influence the course of law or the direction of legal change. This is the outcome of personal and social interactions which are variable and often unpredictable. At the same time, law may itself change norms in various ways.
For example, in free India, legal abolition of untouchability is an attempt to change a long-standing social norm. Yet it has not succeeded much because inadequate social support. Thus there is a reciprocal relationship between law and society. The term ?social change? is also used to indicate the changes that take place in human interactions and inter-relations.
Society is a ?web-relationship? and social change obviously means a change in the system of social relationship where a social relationship is understood in terms of social processes and social interactions and social organizations. Thus, the term, ?social change? is used to indicate desirable variations in social institution, social processes and social organization. It includes alterations in the structure and functions of the society. Closer analysis of the role of law vis-?-vis social change leads us to distinguish between the direct and the indirect aspects of the role of law.
1. Law plays an important indirect role in regard to social change by shaping a direct impact on society. For example: A law setting up a compulsory educational system.
2. On the other hand, law interacts in many cases indirectly with basic social institutions in a manner constituting a direct relationship between law and social change. For example, a law designed to prohibit polygamy.
Law plays an agent of modernization and social change. It is also an indicator of the nature of societal complexity and its attendant problems of integration. Further, the reinforcement of our belief in the age-old panchayat system, the abolition of the abhorable practices of untouchability, child marriage, sati, dowry etc are typical illustrations of social change being brought about in the country trough laws.
Law is an effective medium or agency, instrumental in bringing about social change in the country or in any region in particular. Therefore, we rejuvenate our belief that law has been pivotal in introducing changes in the societal structure and relationships and continues to be so.
Law certainly has acted as a catalyst in the process of social transformation of people wherein the dilution of caste inequalities, protective measures for the weak and vulnerable sections, providing for the dignified existence of those living under unwholesome conditions etc. are the illustrious examples in this regard. Social change involves an alteration of society; its economic structure, values and beliefs, and its economic, political and social dimensions also undergo modification. However, social change does not affect all aspects of society in the same manner.
While much of social change is brought about by material changes such as technology, new patterns of production, etc., other conditions are also necessary. For example, as we have discussed it before, legal prohibition of untouchability in free India has not succeeded because of inadequate social support.
Nonetheless, when law cannot bring about change without social support, it still can create certain preconditions for social change. Moreover, after independence, the Constitution of India provided far-reaching guidelines for change. Its directive principle suggested a blueprint for a new nation. The derecognition of the caste system, equality before the law and equal opportunities for all in economic, political and social spheres were some of the high points of the Indian Constitution.
The Relationship between Law and Society:
Theorists have traditionally maintained that there are certain broad views on the substantive criminal law. One set of such constraints concerns the sorts of behaviour that may legitimately be prohibited. Is it proper, for example, to criminalize a certain kind of action on the grounds that most people in one?s society regard it as immoral? The other set of constraints which concerns what is needed in order to establish criminal responsibility that is liability, independently of the content of the particular statute whose violation is in question.
Legal system reflects all the energy of life within in any society. Law has the complex vitality of a living organism. We can say that law is a social science characterized by movement and adaptation. Rules are neither created nor applied in a vacuum, on the other hand they created and used time and again for a purpose. Rules are intended to move us in a certain direction that we assume is good, or prohibit movement in direction that we believe is bad.
The social rules are made by the members of the society. Disobedience of the social rules is followed by punishment of social disapproval. There is no positive penalty associated with the violation of rules except excommunication or ostracism. On the other hand, law is enforced by the state. The objective of law is to bring order in the society so the members of society can progress and develop with some sort of security regarding the future.
The state makes laws. Disobedience of state laws invites penalty, which is enforced by the government by the power of the state. What is not enforceable is not Law.
Law is a system of rules and guidelines which are enforced through social institutions to govern behaviour, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people.
Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and obligations related to the transfer and title of personal and real property. Trust law applies to assets held for investment and financial security, while tort law allows claims for compensation if a person’s rights or property are harmed.
If the harm is criminalized in legislation, criminal law offers means by which the state can prosecute the perpetrator. Constitutional law provides a framework for the creation of law, the protection of human rights and the election of political representatives.
Administrative law is used to review the decisions of government agencies, while international law governs affairs between sovereign states in activities ranging from trade to environmental regulation or military action. The legal response to a given social or technological problem is therefore in itself a major social action which may aggravate a given problem or alleviate and help to solve it.
About the author:
Anil Albert D’Souza, assistant professor at SDM Law College, Mangalore, holds B Com, LLB and LLM degrees. He has taught International Business Law to MBA students at Mangalore University, Consumer Law and IPR Laws to PG Law studentat SDM Law College, Constitution Law to students of Dr M V Shetty Nursing College, Mangalore, Human Righs to Dr M V Shetty Speech and Hearing College, Mangalore, Laws relating to Criminology and Forensic Science at Roshni Nilaya School of Social Work, Mangalore.
He had secured Third Rank in LLM examinations conducted by Mangalore University. He has been conferred the Dr D Veerendra Heggade Pattabhisheka Award 2010 by Dr Heggade himself on behalf of SDM Educational Society, Ujire, Mangalore.
He has published four research publications on law in renowned law journals and has attended and participated in many workshops, regional, state, national and international-level conferences.
He was a judge for Moot Court Competition at the National Law Fest 2013 held in SDM Law College, Mangalore. Besides, he has practised in district courts in Mangalore for two years and in the state high court for seven months.
He has consented to write regularly for on matters of interest and concern to the general public. We welcome him to our growing fold of contributors. – Editor-in-chief
Author: Anil Albert DSouza