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Law and society relationship
Relationship of law with society
Law and society relationship
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Q: Critically analyze the relationship between law and society based on the theoretical discussions in the field? Discuss these developments in relation to varied legal systems with specific attention on either China/ Russia/ any of the Islamic states
The relationship between law and society is a deeply discussed and closely examined subject. The law governs both modern and traditional societies. Oliver Wendell Holmes said that, “The law embodies the story of a nation’s development through many centuries”. The legal culture of each nation is distinct for this reason. The past of a nation plays a highly detrimental role in the legal structure of the society. Therefore, the law governing the English and that governing Indians will be miles apart for the simple reason that the issues that need to be addressed at that level are different and since the law governs the basic existence of the nation, it is essential that it is molded according to the citizens and the culture of the society.
The interest in law by sociologist was technically an accident during the Second World War when the sociologists aimed to look into the relevance of law in the racial problems. The interest was further deepened during incidents like the Vietnam War or the World Trade Centre tragedy . However, the outlook of each incident varies from the nationalities of the sociologist. For instance, a sociologist from Russia would have a very different opinion regarding the Crimea issue than one from Ukraine. The background and context of the research is very crucial to determine which way the sociologist will interpret the solution simply because sociology is a study with scope for interpretation.
The only difference lies in the degree of utilization of the forma...
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...in the present. One minor incident can have an everlasting effect on the society and the path that the society then follows for its further development could be completely tangential. However, each of these elements are so deeply engraved in the functioning of the society that these societies begin to revolve around them and appear to be, if not essentially are, crucial for the existence and survival of the society. Russia is the best example of such societies because despite the society wanting to eliminate the existence of the mafiya, they still depend on it for the day-to-day functioning. Both these studies will continue to grow further interlinked and interconnected over the years as they have the same basis of study and the same subject matter. The relationship between law and society has developed over the past decades and is, evidently, going to further grow.
Common Law vs. Political Law vs. Scientific Law Americans are no longer aware that there are two kinds of legal systems, political and scientific. America was founded on principles of scientific law. But these principles have now been submerged in today's legal system. What is taught today as law is political law. To understand the difference between a scientific legal system and a political one, it is necessary to know that scientific law developed in the absence of any legislature or Congress or Parliament whatever.
Criminal law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedural matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system interact.
Sociologists researchers first make ontological assumptions. That is to say, they decide what they are studying or what should be studied. They decide what the subject matter consists of and the meanings behind it. They must consider the social reality and the nature of being, in relation to the subject matter.
For our government to function it must be able to resolve the conflicts that arise as a result of this ‘struggle’. The rule of law is the principle that enables reconciliation and its primacy to the successful implementation of our government cannot be understated. Simply stated t...
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
This theory looks at how the sovereign and its officials created the law based on social norms and the institutions (Hart, 1958). However, hard cases such as this makes for bad law, which test the validity of the law at hand based on what the objective of the law was in the first place. The law should not be so easily dismissed just because it does not achieve justice in the most morally sound manner (Hart, 1958). Bentham and Austin understood that there are two errors in the way law is understood, what the law is and what the law should be (Hart, 1958). He knew that if law was to become what humans perceived the law ought to be, the law itself would be lost, but he also recognized that if the opposite was to occur where the law replaced morality, than any man would escape liability and there would be no retribution (Hart, 1958). This theory looks at the point of view of the dissenting judge, Justice Gray, which is that the law is what it is, even if it may conflict with morals. Austin stated that “The existence of law is one thing; its merit and demerit another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard, is a different enquiry (Hart, 1958).” This case presents the same conflict that Bentham and Austin addressed, that the law based on the statute of the
Over the years, different jurisdictions had built their specific system of rules of conduct to govern behaviour. These legal systems, influenced by historical and cultural roots, can be distinguished in two families, the Civil law and the Common law legal systems. The distinctions lies in the process in which each decision is make by the judge and on the legal sources that shapes the law. Indeed, by contrast to the Common law system, which is largely based on Precedents, meaning the decisions that have already been made by judges in similar cases, the Civil law system is based on legislator’s decisions and legal codes with which judges have to justify their judgment . Consequently, instead of referencing to concepts and rules
Legal Pluralism is the presence of various legal systems within a single country or a geographical area. Legal Pluralism is omnipresent although it is generally assumed to exist in countries only with a colonial past. This is because in most countries with a colonial past, colonial laws co-exist alongside indigenous laws. However, if we look at the expansive definition of legal pluralism, it can be said that every society or country if legally plural. The modern definition of legal pluralism also deals with the issues of relation between state and non-state legal orders. It shows the dichotomy that exists between customary legal norms and state law. The judiciary of India has upheld this principle of pluralism in many cases by showing that
Law is the foundation of central structures of social life on which society’s integrity depends, which is why Petrazycki, Ehrlich and Habermas perceive it to be a key steering mechanism in society,
Sociologists develop theories to explain and analyze society at different levels and from different perspectives. Sociologists study everything from the micro level of analysis of small social patterns to the “big picture” which is the macro level of analysis of large social patterns.
Substantive and Procedural Law – Substantive laws are the social rights and duties of people, and procedural law are guidelines through which government bodies or courts deal with breaches in substantive law. E.g. substantive law would state that hitting someone with a car and driving off is a crime, while procedural law would define how the courts could try and sentence in the case.
Weber’s contribution to the sociology of law is indispensable. His theories about rationalization of law and the function of law have provided relevance to the subject matter of sociology of law. He related the development of modern rationalized law to economic and political factors. He explained the complexities of the modern law system and related rationalized law to both the working of a state and also a free market economy. Thus, he maintains that in a modern society, law takes up a central role and influences both economy and
To Quote Anthony Giddens: "Sociology is the study of human social life, groups and societies. It is a dazzling and compelling enterprise, having as its subject matter our own behaviour as social beings. The scope of sociology is extremely wide, ranging from the analysis of passing encounters between individuals in the street up to the investigation of world-wide social processes“(1989). Gidden’s statement describes sociology as a study that helps us understand our own behaviour as human beings in a social word. Sociologist study everything from the interaction between people in the street to the interaction between different countries. Sociologists aim to study how societies have changed over, how societies are structured and organized, the norms of society. It’s also important to understand that not all sociologists agree with each other, Sociologists often debate with one another to prove/disprove certain theories and concepts. By studying Sociology is it helps us analyze social conflicts on a micro and macro scope. Through a macro level, we can study large-scale social organization and large social categories it also examinees social processes and patterns society as a whole. We can analyze individuals much deeper on a micro level. This way we study a human by face-to face interactions. Its important as humans to understand the way our society came together and the reasons to how elements work and function together. Sociology gives us a deeper
Law is one of the most important elements that transform humans from mere beasts into intelligent and special beings. Law tells us what is right and wrong and how we, humans, should act to achieve a peaceful society while enjoying individual freedoms. The key to a successful nation is a firm, strong, and fair code of high laws that provides equal and just freedom to all citizens of the country. A strong government is as important as a firm code of law as a government is a backbone of a country and of the laws. A government is a system that executes and determines its laws. As much as fair laws are important, a capable government that will not go corrupt and provide fair services holds a vital role in building and maintaining a strong country.
The relationship between law and morality has been argued over by legal theorists for centuries. The debate is constantly be readdressed with new cases raising important moral and legal questions. This essay will explain the nature of law and morality and how they are linked.