ASSIGNMENT-1

LAW AND SOCIAL TRANSFORMATION:

TOPIC: LAW LEADS SOCIAL CAHNGE:

(K.VIKRAM – 17BLA1006)

Change is the internal law. History and science stands a testimony to the fact that
change is the law of life. Stagnation is death. They tell us stories of man’s rise and
growth from the Paleolithic age to the Neolithic age. The human composition of
societies changes over time, technologies expand, ideologies and values take on
new components; institutional functions and structures undergo reshaping. Hence,
no society remains complete static. Incessant changeability is very inherent nature
of human society. The change in existing pattern of social life is known as '' Social
Change''. Generally, social change is to be understood as a transformation in the
social structure or significant alteration in the cultural patterns and interactions
through time.

Law In the words of Glanville Williams is "Law is the cement of society and also
an essential medium of change. Knowledge of law increases one’s understanding of
public affairs. Its study promotes accuracy of expression, facility in argument and
skill in interpreting the written word, as well as some understanding of social
values". Further it can said as a set of rules and regulations established to maintain
social order

Since law is deeply implicated in our social, political and economic horizons,
pursuit of social change invariably involves an engagement with law. Changes and
development in Law and especially in legislation, is a vehicle through which a
programmed social evolution can be brought about. In general, a highly urbanized
and industrialized society like the US, the law does play a large part in social
change, and vice versa, at least much more than is the case in traditional societies
or in traditional sociological thinking. There are two modes of changing law. First is,
"law changed the society"; which means that the law of the land compels the
society to be changed according to the law. When any dispute involving the
question of law, came before the judiciary, the existing custom or law, second is,
"society changed the law"; it means law is made by the society according to its
requirement.

Law and especially legislation, is a vehicle through which a programmed social

evolution can be brought about. In general, a highly urbanized and industrialized
society like the US law does play a large part in social change, and vice versa, at
least much more than is the case in traditional societies or in traditional sociological
thinking.
 The law, through legislative and administrative responses to new social
conditions and ideas, as well as through judicial re-interpretations of constitutions,
statutes or precedents, increasingly not only articulates but sets the course for
major social change. Attempted social change, through law, is a basic trait of the
modern world. Many authors consider law as a desirable necessary and highly
efficient means of inducing change, preferable to other instruments of change. In
present-day societies, the role of law in social change is of more than theoretical
interest. In many areas of life such as education, race relations, housing,
transportation, energy utilization, protection of the environment, and crime
prevention, the law and litigation are important instruments of change. Law plays
an important indirect role in social change by shaping various social institutions,
which in turn have a direct impact on the society. Law is not just a reflection of
social reality; it is a powerful means of accomplishing reality.

In many instances, the state of the art of social change endeavors is not
methodologically sophisticated enough to distinguish clearly among casual,
necessary, sufficient, and contributory conditions to produce desired effects in
society. The advantages of law as an instrument of social change are attributed to
the fact that law in society is seen as legitimate, more or less rational,
authoritative, institutionalized, generally not disruptive, and backed by mechanisms
of enforcement. Moreover, A principal advantage of law as an instrument of social
change is the general feeling in society that legal commands or prohibitions ought
to be observed even by those critical of the law in question. To a great extent, this
feeling of obligation depends on respect for legitimate authority and the perception
of power.

Social changes are necessary within society, for development. But this change
can be made by the tool of law otherwise, it is very difficult to clear the hurdle of
custom and usage. The society is in the habit of doing the things, if, you want to
change that, then law is the strongest instrument. If law prohibits any act, then it
has to make it punishable. In India, law prohibits the Sati, child marriage, child
labour, bonded labour, and advocates free and compulsory primary education,
video-conferencing as valid witness, maintenance to Muslim women and children,
intra-state adoption, rehabilitation of the child of prostitute, prostitute are victim
not accused, protection of women from sexual harassment at working places,
compensation to the victim of crime, etc.

Social change through litigation has always been an important feature in various
legal traditions Whether the change produced by such action is considered
‘constructive’ or ‘destructive,’ the fact remains that law can be a highly effective
device for producing social change. Still the cause and effect relationship between
law and change is very difficult to identify because the ability of law to produce
change is probabilistic, contingent and sequential because even though some
changes can occur, other factors such as the morality and values of society affect
the efficacy and time lag of laws in causing change. On certain issues like truth,
individual liberty, etc., a shared morality and shared values are essential to unify
the society. However, not all values are essential and those should be able to
change. To cause change, a law should be supported by the society. Its efficacy in
change is limited on moral issues in society. Unless ignorance is dispelled, law will
remain in the statute books and no change worth its name will take place. A
systems perspective must acknowledge that social problems are interconnected
rather than isolated. People should be advocates for radical perspectives defensible
on both psychological and political grounds, in keeping with values such as dignity,
autonomy, equality, and justice.