Skip to main content

Sociology and Law

 It can be correctly said that Sociology helps law to better understand society for smoother regulation and formation of laws. Sociology and law are distinct disciplines but at the same time, I feel that law is another aspect of sociology as sociology is the study of society and its people, and it’s the people who create governments and laws to bring about order and productive functionality in the society.


Despite being distinct disciplines, the two are interwoven in such a manner that it is difficult to picture a world, one without the other. All and any societal institutions such as family, corporation, organisation et cetera are governed by law to create a semblance of order in every aspect of a persons’ life. Society defines what is expected of a person who is a part of that society, their behaviour, actions, reactions, ethics and morality are guided by what the society deems appropriate and law helps enforce these beliefs. Placement of judicial systems and law enforcement agencies proves to be the stimulus that deters people from straying away from the guidelines set by the society.


Sociology and law both are concerned with social order. The principle of evolution of both law and society is interdependent, change in one aspect brings about change in the other. One such example would be of the LGBTQ+ community and their struggle towards seeking justice and social acceptance. The shift in the perspective of the community of LGBTQ+ happened when the minority and their allies raised their voices against discrimination and injustices practised against them. Creating a realisation that this community is as much a part of our society as any others, by hosting pride marches, spreading awareness and acceptance of anything and everything different. The community and its allies took these injustices in public spheres to courts on many occasions. The judiciary has been open to the concerns posed by non-governmental organisations (NGOs), which include LGBTQIA representatives and allies. This has resulted in a number of landmark decisions over the last decade, leading to the reading down of Section 377 which criminalises same sex relations between consenting adults and passing of the Transgender Persons (Protection of Rights) Bill, 2019. Now, with the help of these laws, it in turn has helped regulate the behaviour of the society by criminalising discrimination against the community of LGBTQ+, it’s become somewhat easier to hold people accountable for their actions. 

Sociology helps one to study the interaction of the masses with religion, social class, gender, sexuality, social stratification and such, when combined they paint a picture of what the society stands for in the current period of time.


Robert K. Merton came up with the strain theory, that basically explains how gaps between expectations and reality of individuals’ social status/class and such can bring about a strain on the individual and lead them to deviate from the norms of the society. 


For example, an individual has lost their job and is unable to find work, now, the social structure is such that they have bills to pay for food, electricity, shelter, water et cetera but given the loss of income they are out of money. These are the few ways they might go about their situation: 


  • Conformity: they might try and find another job. 

  • Innovation: they might try and find work to earn money but the work may not be strictly legal.

  • Ritualism: they might try to find a low paying job, but socially acceptable and legal.

  • Retreatism: they might give up on work altogether and may resort to begging.

  • Rebellion: they might give up on the idea of working for money and find alternate means for it, which may go against the norms of the society. 


Now this theory has made us realise what is the extent to which an individual would go to attain their goals, which in turn helps with process of policy making and ensuring smooth functioning of the society. 


Comments

Popular posts from this blog

The top 10 things to remember for doing good legal drafting:

The top 10 things to remember for doing good legal drafting: 1. Clarity and Precision: Use clear and precise language to convey the intended meaning accurately. Avoid ambiguity or vagueness in drafting provisions. 2. Structure and Organization: Organize the document logically with headings, subheadings, and numbered lists to enhance readability and comprehension. 3. Consistency: Maintain consistency in terminology, formatting, and style throughout the document to avoid confusion. 4. Compliance with Legal Framework: Ensure that the document complies with relevant laws, regulations, and legal principles applicable to the subject matter. 5. Customization for Specific Needs: Tailor the document to meet the specific needs, preferences, and circumstances of the parties involved. 6. Risk Management: Identify and address potential legal risks, liabilities, and obligations associated with the subject matter of the document. 7. Precision in Drafting: Be precise and meticulous in drafting provisi

LANDMARK JUDGEMENTS

  8uShri B. P. Hira Works vs Shri C. M. Pradhan Factual matrix The Court of Appeal dealt with a group of 174 appeals by special leave arising from several application made against B.P. Hira, Works Manager at the Central Railway Workshop and Factory in Parel, Bombay, under the Payment of Wages Act, 1936, claiming overtime wages since 1948. The main judgment was delivered by the Payment of Wages Authority, Bombay, in the application filed by C.M. Pradhan, which gave rise to Civil Appeal No. 131 of 1957. The respondent claimed that he was entitled to overtime wages for work on Sundays when he was not given a holiday within three days prior to or three days subsequent to the Sundays on which he worked. The appellant conceded that the respondent had not been given a holiday within the three days prior to or the three days subsequent to the Sundays on which he worked as required by s. 52 of the Indian Factories Act. The respondent alleged that he was a worker within the meaning of s. 2, sub-

The Supreme Court of India has delivered several landmark judgments that have significantly shaped the legal landscape of the country

The Supreme Court of India has delivered several landmark judgments that have significantly shaped the legal landscape of the country. Below are some of the most notable ones: 1. Kesavananda Bharati v. State of Kerala (1973) Principle Established: Basic Structure Doctrine Significance: The judgment held that while the Parliament has wide powers to amend the Constitution, it cannot alter the "basic structure" or essential features of the Constitution. This doctrine serves as a limitation on the amending power of the Parliament. 2. Maneka Gandhi v. Union of India (1978) Principle Established: Expansive Interpretation of Article 21 Significance: The Supreme Court expanded the scope of Article 21 (Right to Life and Personal Liberty) to include various rights such as the right to travel abroad and the right to a fair and reasonable procedure. 3. Minerva Mills Ltd. v. Union of India (1980) Principle Established: Balance between Fundamental Rights and Directive Principles Significan