RESEARCH PAPER

TOPIC- THE ROLE OF LAW IN THE

SOCIETY

NAME- Aryan Parihar

COURSE- BBA LLB SECTION- “D”
PRN NO.- 19010422071
THE ROLE OF LAW IN THE SOCIETY
ARYAN PARIHAR

ABSTRACT
The study of law and society rests on the belief that legal rules and decision which
are related to law must be understood in context that law is not independent,
standing outside of the social world, but the law is deeply embedded within our
society in which we live. While political scientists recognize the law as a
fundamentally political in nature, the law and society perspective takes this
assumption several steps further by pointing to ways in which law is socially and
historically constructed for the development of the society, how law both reflects
and impact culture, and how inequalities are reinforced through differential access
to, and competence with, legal procedures and institutions. This article generally
discusses the key characteristics of a law and society perspective, some of the major
research contribution of the role of law in society, and recent development in law
and society that hold particular promises for scholars of law and politics today. In
particular, it examines three broad areas of law and society scholarship: disputing,
decision making, and legal ideology and consciousness.

KEYNOTE

Introduction, Norms and Value of law and society, Means of social control in
law, Law and social change in India, Law and the society , Conclusion

INTRODUCTION
All human societies, tribal,peasant or industrial, have law and legal rules whose scope
coincident with human life. Human activity be it economic, social or political, is controlled
by law or procedures of various types. Basically the function of law is to protect, preserve
and defend the members of society against internal disorder or external disorder. The entire
culture of human behaviours controlled by appropriate procedure or the rules related to the
law.

In order to have effective laws they have to have the moral sanction of society and be
enforced on the people by the power of the state. Those who not follow the law are usually
given punishment of various kind such as fines, imprisonment, or even death. When a gap
occurs between law and justice ,human spirit has often rebelled. In the society from past 50
decades from now laws have been orally transmitted and more often the laws were
inspirable from the old customs and rituals. In complex , ancient civilisations such as
Babylonia, Egypt, Israel, India and Rome the laws were usually based on customs, religious
principles and the decrees of monarchs or heads of the state. The laws were recorded in
detail on clay tablets, parchment or palm text for the benefit of issue Arnold Toynbee, the
British historian , has called these ancient civilisations “ecumenical” states because they
integrated diverse tribes or groups under the aegis of a religious doctrine. The rulers of
these state were entrusted with wide administrative and judicial responsibilities to govern a
vast populace in an impartial manner.

Some sociological approaches to law

Durkheim, Karl Marx and Max Weber have made significant observation on law. Durkheim’s
sociology of law was tied up with the wider context of transition from simple to complex
society. An important index of this transition was that the law which was repressive earlier
became corrective or made damages to those concerned as society become more complex.

While the law in simple society was based on the principle of binding punishment, in a
complex society it was based on compensatory principle. However , W.J. Chamblis and R.B.
Siedman , two American researchers in law, have pointed out that the reserve is true in
many instances. In the preliterate society, there is a reciprocal relationship and also a
personal tie between members . Hence , compensation for injury is accepted. By contrast, in
large impersonal societies, repression by state or police is a common occurrence.

In sum, sociologist theories of law emphasise the significance of social factor in the study of
law. In other words, law is rooted in social institutions, in socio-economic network. These
social factors influence the course of law or the direction of legal change. Besides, the
sociological view also highlight the differences between formal and substantive aspects of
law . what is written into statue book is not always followed in practise. This is the outcome
of personal and social interactions which are variable and often unpredictable. At the same
time, law may itself change social norms in various ways. For example, in free India, legal
abolition of untochability is an attempt to change a long standing social norm. Yet it has not
succeeded much due to inadequate social support. Thus there is a reciprocal relationship
between law and society.

The Interplay Between Values Or Norms And The Law

Orderly social life is a goal desired by humans society. Stable social life enables the
pursuit of the individuals vocations peacefully. If there is anarchy, it not only leads to
the disruption of social life but also makes human behaviour unpredictable. Hence,
socialisation1 of the children in the family or in the local community is the first step
to taken in a society to inculcate the norms of social control. The later adult
socialisation reinforces conformity to the laws of society. In many parts of India, if
someone gravely offended the caste or village council, he was cursed by the elders of
the council. This was believed to result in supernatural retribution and hence the
average villagers dreaded incurring the wrath of elders who were the guardian of
law.

It may be noted that Hindu legal texts were built onhierarchical and patriarchal
notions. Manu sanctioned lesser punishment to the Brahmin deviant. He also denied
property right to women. But even the Brahmin could not escape the karmic
reactions, and expiatory performance did not help one guilty of a grave crime such
as murder. While the texts focussed on the social, religious and metaphysical
dimensions, they did not throw much light on commercial or agrarian matters . in
these areas , the customs of a group or community were applied to settle a dispute.

MEANS OF SOCIAL CONTROL IN LAW

1. The village Panchayat and caste council

An important in the Indian social structure is the traditional Panchayat. For
centuries, the caste council and the village council have functioned partly as
administrative and partly as judicial bodies. Ritual lapses, land disputes, sexual
misconduct, factional quarrels were among the items judged by these non-statutory
bodies. While most of the disputes were settled within the framework of customs,
occasionally appeals were made to an external authority such as the king or chieftain
to intervene and settle in accordance with the legal texts. In administering justice at
the micro- level, the village elders were guided by oral testimony, precedents, royal
decrees and occasional resort to ordeals.
2. Contract with British courts in India
By contrast, villagers who field litigation in the British courts of law had to spend
time away from the fields. This was a disaster to the people living on a subsistence
economy especially for those in the lower rungs of the caste system. Hence, in spite
of unequal distribution of power in the village, the councils functioned effectively of
their quick and public methods of bringing about justice.
3. Tribal judicial system
1
India has a large number of tribes in the north-eastern, central and south-central
regions. The tribes of the north-east are of Tibeto-Burmes stock and mainly
animistic. In the central and south-central region the tribes are of Austro-Asiatic
stock and follow an animistic religion. However, many tribals in the north-east are
Christians, while many in the south-central region are Hindus. The tribes have had a
distinctive judicial system and there are some important differences between the
tribal and caste councils. The tribes are clan-based and segmental in character where
kinship is the predominant element; they are not part of a hierarchy . By contrast,
the castes have many non-kinship ties, as for example in a village where many castes
coexist on the basis of rituals purity. These elements are absent in animistic tribes.
They are horizontally organised and are governed by taboos and local customs.

Composition and operation of tribal council in India

References to tribal councils are scanty in the publications on Indian tribes. There
are very few analytical studies pertaining to tribal judicial process. However, some
notable works has been done by social anthropologist such as G.S. Ghurye, C.V. Furer-
Haimendorf and B.K. Roy Burman among others. In general, the north-eastern tribals
such as Dafla, Naga, Khasi and Garo have lineage- based, autonomous tribal councils the
Dafla studied by Haimendorf have a rudimentary social organisation.

Legal System In Modern India

The British rule introduced into India legal organization not only to maintain law and
order but to protect the colonial interests in the subcontinent. The judicial system
introduced by the British was broadly based on Anglo-Saxon canons of justice in which
the obedience to the rule and law was emphasise. In due course Anglo-Saxon laws
predominated in many civil and criminal spheres, but in certain social fields such as
property inheritance in the family, partition and joint family interests, marriage, divorce,
caste etc. Many of the traditional legal norms were retained. The legislative enactments
during British rule introduced some modification in the traditional laws with a special
view to grant autonomy to individuals in inheritance, etc.

After the republic of India adopted the constitution in the year 1950, judicature
was reorganised. The supreme court of India becomes the apex appellate body
supported by state- level courts such as High Courts, District courts etc, Besides ,
statutory tribunals were established to suggest and recommend appropriate legal
measures. The present legal system rests not only on an extensive network of legal
organization but also on a growing corpus of laws, precedents, etc. The legislative
bodies all over the country are producing new acts and amendment every year. For the
common people the modern laws have become nearly incomprehensible.
Law And Social Change in India
Social change involves an alteration of society; its social 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
productions, etc. “other conditions” are also necessary. For example, legal prohibition of
Untouchability in free India has not succeeded because of inadequate social support. At
the same time the law on the practise of Untochability has lent recognition to those who
protest against it. For instance, while in isolated cases individuals have suffered, the
organised protect by the deprivedgroups has reduced the extent of oppression. The
activities of Dalit panthers in Maharashtra bring out this point clearly, thus, although law
cannot bring about change without social support, it can create certain preconditions for
social change.

Post Independence Law and Social Change in India

After independence the constitution of India provided far- reaching guidelines for
change. Its directive principles suggested a blueprint for a new nation. The derecognition
of caste system, equality before law and equal opportunities for all in economic, political
and social spheres were some of the high points to the Indian constitution. The problem
in Indian society is the non- fulfilment of constitutional directives, especially in respect of
economic improvement of the masses. While the country as made dramatic progress in
particular sectors in heavy industries and agriculture, the dismal poverty of the
countryside remains largely the same. Hope and disappointment at once confront the
average Indian in contemporary India. Some of the factors related to social change are
referred to below.

State Initiated Legal Measures

1) Introduction of new institution
There are three state- initiated legal institutions at present. These are the
Nyaya Panchayat, Lok Adalat and legal aid to the poor. The first two
institutions, as mentioned earlier have been introduced to supplement the
existing judicial bodies. In the northern belt, especially U.P., Rajasthan and
Bihar have experimented with the Nyaya Panchayat for more than two
decades. Although they have not been completely effective they have
familiarised people with the secular concept of law. They are an alternative
to the former case and village councils. They have also succeeded in
screening disputes at the village level so that excessive litigation is avoided.
But their main limitations are the paucity of resources, limited judicial power
and also non availability of legal minded people in villages. The success of Lok
Adalat in the tribal belt of Gujarat as possible because of dedicated work by,
Sarvodaya volunteers, jurist and an enthusiastic public. More recently Lok
Adalat are settling insurance claims, etc. In the metro Politian centres such as
Delhi.

Law and Social Change in India

Social change involves an alteration of society; its social structure, values and
belief 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
condition’’ are also necessary. For example, legal prohibition of untochability
in free India has not succeeded because of inadequate social support. At the
same time the law on the practise of untochability has lent recognition to
those who protest against it. For instance, while in isolated cases individuals
have suffered, the organised protest by the deprived groups has reduced the
extent of oppression. The activities of dalit panthers in Maharashtra bring
out this point clearly. Thus, although law cannot bring about change without
social support, it can create certain preconditions for social change

State Initiated Legal Measures

a) Introduction of new institution

There are three state- initiated legal institutions at present.

These are the Nyaya panchayats, Lok Adalat and legal Aid to the
poor. The first two institutions, as mentioned earlier have been
introduced to supplement the existing judicial bodies. In the northern
belt, especially U.P., Rajasthan and Bihar have experimented with
the Nyaya Panchayats for more than two decades. Although they
have not been completely effective they have familiarised people
with the secular concept of law. They have also succeeded in
screening disputes at the village level so that excessive litigation is
avoided. But their main limitations are the paucity of resources,
limited judicial powers and also non availability of legal minded
people in villages. The success of Lok Adalats in the tribal belt of
Gujarat was possible because of dedicated work by Sarvodaya
volunteers, jurist and an enthusiastic public. More recently, Look
Adalats are settling insurance claims, etc in the metropolitan centres
such as Delhi.
People participation in legal change

As yet masses in India have not been involved in the contemporary

legal activities. For centuries, the Indian masses have lived in the
small and limited world of region, village, caste, tribe or clan where
traditional legal norms were followed. Although the caste, village or
tribal councils often initiated changes to suit new circumstances,
these efforts were confirmed to limited circles. Today the
participation of people in development efforts is on a much wider
level. The five year plan have offered blueprint for rural
development. But the weak response from people is a hindrance. The
remarkable success of Lok Adalats in the Rangpur area of Gujarat in
recent years has been mainly due to the intensive participation of the
people.

Conclusion
The cause of social change are diverse and the processes of can be
identified as either short- term or long- term developments. Change
can be either cyclic or one- directional. The mechanism of social
change can be varied and interconnected. Several mechanism may be
combined in one explanatory, innovation by business might be
stimulated by competition and by government regulation.
To degree that change processes are regular and interconnected,
social change itself is structured. Since about 1965 there has been a
shift in emphasis from “ structure” to “ change” in social theory.
Change on different levels- social dynamics in everyday life and short-
term transformation and long- term developments in society at large-
has become the focus of much attention in the study of society.
REFERENCES

1 https://en.wikipedia.org/wiki/Injunction
2 Article on the role of law in the society.
3 Sociology book by T.K.OOMMEN page no.190
4 https://www.businesslawbasics.com/chapter-3-purposes-
and-functions-law-

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