SOCIOLOGY ASSIGNMENT

LAGHIMA BHAGAT

'Law' is a massive, vital presence in the United States. It is too important to be left to the
lawyers" (Friedman, 1986, p. 780).

- Putting India into context, would you agree or disagree with the statement above?
Critically discuss by considering how factors outside the law – such as politics, the
economy, gender, or race –influence the nature and functioning of law.

Answer-

The law is a vital component of the structure of society in both the United States and India1,
influencing institutions, interactions, and cultural norms. The saying that "law is too
important to be left to the lawyers" highlights how in various ways law functions in society,
especially when viewed from a sociological angle. This analysis takes sociologist’s
insights—such as those of Friedman into account and emphasises how legislation interacts
with social structures, power dynamics, and ethical issues.

Law serves as a social control mechanism by setting limits and dictating penalties for
breaking social norms. However, acknowledging that the law is not limited to the practice of
law- by lawyers implies a more comprehensive comprehension of its ramifications. Sociology
provides important insights into the relationships between law, inequality, and power
structures in society.2 Furthermore, politics, economics, and gender are among the other
social institutions with which law interacts. Legal choices are frequently both shaped and
influenced by larger societal tendencies, which are underlying social, economic, and cultural

1
Standard B, ‘Role of Lawyers Has Evolved to Address Myriad Global Legal Challenges: CJI’ (Business
Standard, 23 September 2023) <https://www.business-standard.com/india-news/role-of-lawyers-has-evolved-to-
address-myriad-global-legal-challenges-cji-123092300417_1.html> accessed 26 March 2024
2
(Law and Social Control)
<https://www.lkouniv.ac.in/site/writereaddata/siteContent/202004120825283934tara_bhatt_anthro_law_and_so
cial_control.pdf> accessed 26 March 2024
forces3. Working across disciplines is essential to fully comprehending the complex
ramifications of legal systems.
The sociological examination of law also takes ethical issues into account. Lawyers represent
their clients within the law, but they also have ethical obligations that go beyond the letter of
the law. Sociologists assess how lawyers resolve moral constraints, protect the rule of law,
and advance the interests of the general public within the legal system. Adding to it, the
functionalist viewpoint 4of Friedman highlights the function of legislation in maintaining
social order. It is believed that lawyers are essential to maintaining social order and making
sure institutions run well. Friedman does, however, agree that laws are reflections of larger
society norms and values, which emphasises the significance of consensus and legal
legitimacy in preserving social cohesiveness. The role of legal practitioners is intertwined
with broader societal processes and systems.
Ultimately, the claim that "law is too important to be left to the lawyers" calls for a critical
sociological analysis of the role that law plays in society. Even though lawyers are essential
in understanding and applying the law, their roles are shaped by broader societal dynamics
and structures. Consequently, it is important to take into account the below-mentioned
dimensions to analyse their role -

POLITICS

Politics has a significant and pervasive impact on the nature and operation of the law in India.
The legislative process is greatly influenced by political factors; party objectives, political
philosophies, and electoral dynamics all play a role in the creation and modification of
legislation. This frequently results in legislative decisions that are more motivated by political
expediency than by fairness or the general welfare. Furthermore, politics has a big influence
on the court's appointment process and operation. Judicial appointments are often politicised,
which jeopardises the independence and impartiality of the judiciary.
In addition, the executive branch, which is presided over by political figures, has significant
authority over the implementation and execution of laws, setting the priorities for law

3(Law-and-Culture.pdf) <https://www.bu.edu/bulawreview/files/2021/12/Law-and-Culture.pdf> accessed 26

March 2024
4
Crossman A, ‘Everything You Need to Know about Functionalist Theory’ (ThoughtCo, 24 January 2020)
<https://www.thoughtco.com/functionalist-perspective-3026625> accessed 26 March 2024
enforcement, and selectively enforcing laws for political purposes. The operation of the legal
system can also be impacted by political polarisation or instability, which can result in
modifications to judicial appointments, policy orientation, and legal priorities.5
To critically evaluate the advantages, disadvantages, and obstacles of India's legal system and
to advance changes that support democratic governance, preserve the rule of law, and
safeguard human rights, it is imperative to acknowledge the impact of politics on the legal
environment. Therefore, acknowledging the substantial influence of politics on the legal
landscape in India means that one can agree that law is too essential to be left alone to the
lawyers.

GENDER

The saying, "Law is too important to be left to the lawyers" is highly applicable in India,
particularly in context of the considerable impact that gender dynamics have had on the legal
system. Gender factors heavily influence laws in the nation in terms of both interpretation
and application. The underrepresentation of women in the judiciary and legal profession is
one important problem. Women may be overlooked or marginalised in legal processes if their
viewpoints and experiences are not included in the legal system. Victim-blaming and
stereotyping are examples of biases in judicial decision-making that can result in unjust
outcomes in family law disputes or light penalties for those who commit acts of gender-based
violence. Furthermore, legislative protections for women's rights frequently conflict with
cultural norms and societal behaviours. The persistence of practices such as child marriage,
dowry, and honour killings in spite of legislative restrictions highlights the discrepancy
between legal laws and social realities. Gender inequality may be exacerbated by traditional
dispute-resolution procedures that give precedence to patriarchal attitudes over legal rights.6

As a result, women's rights advocates and grassroots movements are essential in promoting
legislative changes and opposing discriminatory behaviours. Civil society organisations put
in a great deal of effort to increase awareness, offer legal assistance, and give women the

5
(IJRPR) <https://ijrpr.com/uploads/V5ISSUE1/IJRPR21679.pdf> accessed 26 March 2024

6‘Gender Stereotyping: Paternalism by Courts Erodes Trust in Judicial Institutions’ (The Wire)
<https://thewire.in/law/gender-stereotyping-paternalism-by-courts-erodes-trust-in-judicial-institutions> accessed
26 March 2024
confidence to stand up for their rights in court. Public interest litigation and judicial activism
have also made major contributions to the advancement of gender justice in India.

Therefore, it is evident that the legal system in India cannot rely exclusively on lawyers or
attorneys. The nature and operation of law are greatly impacted by gender dynamics, which
calls for an all-encompassing strategy to address societal attitudes, structural biases, and
cultural norms. For laws to effectively safeguard and advance women's rights and gender
equality in India, cooperation between legislators, activists, legal experts, and civil society is
crucial. The aforementioned remark emphasises the necessity of adopting comprehensive and
all-encompassing legal approaches that integrate many viewpoints and tackle the intricacies
of gender relations in the legal domain.

ECONOMICS

The claim that "Law is too important to be left to the lawyers" is valid in India when
considering the economy. Economic factors that impact legislative decisions include
investment promotion, resolving socioeconomic inequities, and following international
economic trends. Access to justice can also be impacted by economic inequality, as high legal
fees can provide obstacles for marginalised people. The legal system is greatly influenced by
gender dynamics, which also have an impact on how laws are interpreted and applied.
Due to societal attitudes and institutionalised biases within the legal system, progressive
legislation is frequently not implemented to the fullest extent possible. These issues are made
worse by the underrepresentation of women in the legal field and on the judiciary, which
affects women's access to the legal system and legal decision-making. In conclusion,
addressing the complex effects of gender and the economy on India's legal system requires a
comprehensive strategy combining cooperation between advocates, legislators, legal experts,
and members of civil society. As a result, endorsing the declaration recognises the necessity
of inclusive and comprehensive approaches to legal governance.

CONCLUSION

In conclusion, the idea that "law is too important to be left to the lawyers" highlights how
complex law is and how it interacts with a range of cultural elements, including gender roles,
politics, and the state of the economy. Comprehending the wider social consequences of
legislation is important for efficient legal administration and guaranteeing equity and fairness
in the community. By acknowledging the intricacies involved and the necessity of
interdisciplinary cooperation, we can strive towards a legal framework that genuinely
represents the concerns of every person and maintains the values of equity and justice. Thus,
adopting this viewpoint is crucial to promoting just and inclusive legal systems in India and
the United States.