Law and Social Transformation by Anshika Agrawal @LEXCLIQ

Growth, social change and development are essence of life. Law is the very quintessence of human condition and human existence. All types of injustice are against the humanity. Law is a liberal normative social science, which is based on philosophy, teleological school, judicial realism and positivism. Sociological approach is based on the smooth relationship between law and society. Sociological approach of law is about the balancing of interest in the society. There are three types of conflicts in the society, conflict of interest, conflict of values and conflict of reason; and law has to adjust all these conflicts in a humanitarian way. Philosophy of law is internally or externally connected with the reasoning, discretion and wisdom. Sociology of law is relying on social transformation, social change, social ordering, social planning and social engineering. Law is also influenced by the ideology, jurimetrics and history of legal thoughts. Law is the satellite of human thoughts, culture and human economics.

The law is the creation, contour and coterie of matter and mind. Legal theory is not only based on alphabetical neighbourhood, but also depends on geographical neighbourhood for its functioning. Every theory, science and principles are made to serve the humanity and it leads to political and inner liberty of human civilization. Compassion, empathy and sympathy for human life and dignity are the common consensus of sociology of the Constitution as well as the sociology of humanitarian laws. The history of legal system is emphatically the history of progress. It is the history of constant movement of public mind of constant change in the Constitutions of great society. We are living in the world of deprivation and exploitation of fundamental rights.

Karl Marx states, “Law is the super structural element of economic, social and political model”. Change is permanent in the society but direction of change and transformation is determined by the economic and social conditions. Law is the precondition of statehood. It is liability of the state to enact the laws for the welfare of society. Law is not only an instrumental of social transformation, it is also a tool for liberation, salvation and emancipation of human suffering. Social system consists of set of groups which together performs certain functions which are unable to accomplish as a separate group. The groups are thus interdependent, and they are interdependent in a particular arrangement. The participants in each group act in regular, anticipated ways towards other members of the group and towards the external environment. Empirical understanding of legal phenomena are variously referred to as the law in action, law in the real world, socio-legal studies, law and society and sociology of law. Law is an instrument of controlled change in the society. Controlled change is the matter of philosophical, sociological and realistic understandings.

When some participants do not carry out the anticipated change which other in the system anticipates, the other respond in regular ways of counter change to response some systematic regularity to their relations. In the last century, theories of social change proliferated and become more complex without ever wholly transcending these early formulations.

Law can be changed but we cannot change the culture of the society. The transformation of the society is a cultural element. Laws can be same in its development stage but different in their application, execution and implementation. Law is a social matrix, heuristic and algorithm of society. According to Parsons, every society confronts four subsystem’s problem: Adaption, Goal attainment, Integration and pattern maintenance or Latency(AGIL).

Law is the product of social rules, custom and usage. Sir Henry Maine has depicted the three stages of progressive society that is fiction, equity and legislation. Every law has three processes of development, growth and evolution.

Law serves two purposes in the society, first it defines the limit and second it develops the institution of justice system. An understanding of the nature abd role of law is of fundamental importance to all, who is interested in the change in society. Change in the policies is ordinarily implemented through law and legal process of society, at times leading and at times following change. Law and society has deep relationship but here is need of internal link of law and social change.


Written by Anshika Agrawal on the topic Law and Social Transformation


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