‘Law’ signifies a rule applied indiscriminately to all actions. The term “Law’ denotes different kinds of rules and Principles. ‘Law’ denotes the whole process by which organized society, through government bodies and personnel (Law-makers, Courts, Tribunals, Law Enforcement Agencies and Executive, Penal and corrective Institutions etc.) attempt to apply rules and regulations to establish and maintain peaceful and orderly relations amongst the people in the society. There have been conflicting and divergent views of jurists regarding the nature, concept, basis and functions of Law. In this article we shall study relation between law and social change.
What is Law?
Law is a dynamic concept which changes from time to time and place to place to suit the needs and conditions of a given society which is constantly changing and developing with the advancement of human knowledge and civilization. Generally the term law is used to mean three things:
- First it is used to mean “legal order”. It represents the regime of adjusting relations, and ordering conduct by the systematic application of the force of organized political society.
- Secondly, law means the whole body of legal Percepts which exists in a politically organized society.
- Thirdly, law is used to mean all official control in a politically organized society. This lead to actual administration of Justice as contrasted with the authoritive material for the Guidance of Judicial act
Salmond’s Definition:
According to Salmond “the law may be defined as the body of principles recognized and applied by the state in the administration of Justice.
This definition has some criticism. Salmond did not define the expression Justice. Keeton says what has been considered to be just at one time has frequently not been so considered at another. Dean Roscoe Pound has criticized the definition of Salmond as reducing law to a mass of isolated decisions and the law in that sense to be an organic whole. Further, it is criticized on the ground that Salmond’s definition applies only to lax law not to Statute. Despite criticism, Salmond’s definition is considered as the workable definition.
John chipman Gray’s Definition:
According to Gray, “the Law of the State or of any organized body of men is composed of the rules which the courts, that is the judicial organ of the body lays down for the determination of legal rights and duties.
Gray’s definition is criticized on the Ground that he is not concerned with the nature of law rather than its Purposes and Ends. Further it does not take into account the statute law.
Austin’s definition:
According to John Austin (1790-1859) An English Jurists law is a command of sovereign backed by sanction. He developed logically, a structure of legal system in which he gave no Place to values, morality, idealism and Justice. According to Austin, a law, in the strict sense is a general command of the sovereign individual or the sovereign body. Issued to those in subjectivity and enforced by the physical power of the state. According to Austin “law is aggregate of rules set by men politically superior or sovereign to men as politically subject.” Austin says, “A law is command which obliges a person or persons to a course of conduct.
Austin’s definition of law is subjected to criticism on the ground that it ignores completely the moral and ethical aspects of law and unduly Emphasized the imperative character of law.
William Blackstone’s Definition:
According to Sir William Blackstone (an English jurist and judge of the eighteenth century) ‘Law, in general consists of the rules recognized and acted upon in the court of justice.” In its commentaries, Blackstone said that law, in its most general and comprehensive sense, “is that rule of action which is prescribed by some superior and which the inferior is bound to obey.”
This concept of Blackstone excluded all international laws and constitutional laws. Hence this definition was criticized. In a country like India which is a democratic republic, there is no concept of superior or inferior, all are equal. In a democratic republic sense, the law is a jurisdiction adopted by the sovereign people for their own control, not by some superiors for other inferiors.
Other Definitions:
Holland’s definition:
According to Thomas Erskine Holland, a reputed Jurist, law is a General rule of external human action enforced by a political sovereign. Holland also measures or defines law with preference to sovereign devoid of moral, ethical or ideal elements which are foreign to law and Jurisprudence.
John Erskine definition:
According to John Erskine, Law is the command of a sovereign, containing a common rule of life for his subjects and obliging them to obedience.
Hans Kelsan’s definition:
According to Kelsan legal order is the hierarchy of the norms, every norm derive its validity from the superior norm and finally there is highest norm known as grundnorm.
H. L. A. Hart’s Definition:
According to Hart Law is the combination of primary rules of obligations and secondary rules of recognition.
‘The Law’ and ‘a Law’
‘The law’ means all the laws of the land. Criminal, civil, constitutional, etc. It is a generic description of a large class or body of laws that make up the entire legal framework of a country. Here the term is used in an abstract sense. ‘A law’ means a specific law. It is the subset of the set of all laws. For example ‘Indian Contract Act’, ‘Consumer Protection Act”, etc.
Social Change:
A Change is a a difference in anything observed over some period of time. Change is the rule of society. Generally, a social change or social transformation means the large number of people engaging in group activities and relationships that are different from those in which they or their parents engaged in previously. Social changes or transformations occur due to several factors such as changes in technology, demography and ideology, changes in political life and economic policy and in legal principles or institutions. The law is the most effective instrument of social change but at times social changes becomes law. Thus, Law is a really dynamic instrument designed by society for the purpose of adjustment of sweet human relations by elimination of social tension and conflicts.
Defining Social Change:
- According to Lundberg and others “Social Change refers to any modification in established patterns of inter-human relationship and standards of conduct.
- According to Mazumdar, H.T.- “Social change may be defined as a new fashion or mode, either modifying or replacing the old, in the life of a people, or in the operation of a Society.
- According to Davis, “Social change is meant only for such alterations as occur in social Organisation, that is, structure and functions of Society.”
- According to M.D. Jenson, “Social change may be defined as modification in ways of doing and thinking of people.”
- According to Anderson and Parker, “Social Change involves alteration in the structure or functioning of social forms or processes themselves.
Examples of Social Changes Through Enactment of Acts:
- Abolition of sati system
- Maintenance to Muslim women
- Education as fundamental right
- Public Interest Litigation
- Right to information
- Rights of accused
- Rights of prisoners
- Compulsory registration of marriage
- Abolition of bondage labour system
- Child marriage prevention
- Elimination of child labour
- Special legislations for women
- Special legislations for children
- Special legislations for backward classes
- Rights of transgenders
- Recognition of same sex marriages
- Recognition of Live In Relationship
Conclusion:
Law not only lays down the norms which are acceptable to a given society, it also lays down the norms, which the society should adopt in the interest of its own welfare. The rules or code of conduct which a society develops by experience shapes into law for the sake of uniformity, consistency, performance and sanction. An acceptable norm thus becomes a law. Law changes the society as per societies requirement also society changes the law through amendment of statutes/Acts etc. The departure there from is condemned as crime in criminal law but civil law becomes a code of conduct regulating the society. Thus law can be considered as an instrument of social changes.