RESEARCH PAPER Physical Education Volume : 5 | Issue : 12 | Special Issue Dec 2015 | ISSN - 2249-555X
Impact Factor : 3.6241 Index Copernicus Ic Value: 74.50 Empowering People: Effective Social Work Approaches & Strategies
LAW AS AN INSTRUMENT OF SOCIAL CHANGE AND
FOR EMPOWERMENT OF THE MASSES
KEYWORDS
Dr.S.Durgalakshmi Mrs.R.Ammu
Assistant Professor, Government Law College, Assistant Professor, Government Law College,
Coimbatore. Coimbatore.
ABSTRACT Law and social transformation is a very unique concept which highlights the studies and changes in social problems
and their solutions through legal approach. Here “ law changes the society” which means that the law of the land
compels the society to be changed according to the law. When dispute arises the matter is brought before the judiciary, which
applies the rule of law principle to change either the existing custom or law. Secondly society changes the law it means that the law
is made by the society according to the requirement of the democratic institution. It can be brought out either by legislating
function or by adopting customs and practices1. Law has always been seen as an instrument that could bring out social change. An
attempt is made in this paper to emphasize that though there are several devices to bring about a change and transformation in our
society but for law none can be considered as the most effective and safest method.
Introduction Arti cial insemination, test tube babies, surrogate motherhood
Interpretation of the word 'LAW' and cloning, prenatal detection technique and abortion have
According to Blackstone, “Law is a rule of conduct, prescribed challenged the values of family life. Apart from these, law plays
by the supreme power in the State, commanding which is right a pivotal role in protecting the environment. The technological
and prohibiting what is wrong. Jurisprudentially law consists of growth has created great pressure on the degradation of envi-
rules prescribed by the society for the governance of human ronment. As a consequence of this the legal system had to alter
conduct”. Law of any civilized country is not de nite, but its legal strategies and introduce new principles, doctrines,
changes according to the demand and circumstances of the mechanisms etc to protect the environment, human habitation
society. Roger Cotter views “Social change is held to occur only and the civic life. Technology is a blessing and curse, to which
when social structure - patterns of social relations established law and society have to respond aptly. Apart from society and
social norms and social roles changes”. environment transformation also happens in the economics sec-
tor, culture religion morality social outlook and very many areas.
Law not only lays down the norms which are acceptable to a Here again law weaves its way through economic life creating
given society, it also lays down the norms, which the society possibilities for economic development and placing constraints
should adopt in the interest of its own welfare. The rules or code on the form of development through very many statutes, Ex:
of conduct which a society develops by experience shapes into Intellectual Property Rights.
law for the sake of uniformity, consistency, performance and
sanction. An acceptable norm thus becomes a law. The depar- Interaction between law and social transformation
ture there from is condemned as crime in criminal law but civil The researcher is of the opinion that law is the most effective
law becomes a code of conduct regulating the society. instrument of social change but at times social changes
becomes law. In India there are two main institutions which
REASONS ATTRIBUTED FOR SOCIAL TRANSFORMATION makes change in law, namely the legislature where new laws are
Social transformation occurs due to several factors such as enacted or amendments are done to the old acts to suit the
changes in technology, demography and ideology, changes in need of the hour. The second institution is our judiciary, where
political life and economic policy and in legal principles or insti- interpretation of the rule of land and law of land coexist.
tutions.
Foresight of framers of Indian constitution
American Judge Benjamin Cordozo said that the “Final cause Law should not be de nite but must transform according to the
of law is the welfare of society”. Law should not be de nite but requirement and necessity of the society arising out of passing
must be transformable according to the requirement and of time. It is this foresight in mind father and main architect of
necessity of the society. The law cannot remain immutable. The the Indian Constitution Dr.Bhima Rao Ambedkar inserted Art
researcher is of the view that in a changing society law should 368 to the constitution which provides that “Any part of the con-
march in tune with the changed ideas and ideologies. Social life stitution may be amended by adopting appropriate procedure
has undergone changes because of communication revolution. except destroying the basic structure of the constitution”. It
Hence to keep in pace with the technological development, re ects the acceptance of the need of changing the law even
Law has to be competent for detection of various crimes and the law of the land when situation warrants.
prevention of the same also. New acts like Information
Technology Act has been brought, rules of evidence has been Necessity of changing the law
amended to recognize electronic transaction. Methods of pro- Indian judiciary has generally been found to be alive to the
viding remedies have undergone tremendous change with the needs of social thinking. The courts have brought and their
growth of electronic commerce, cyber crime and internet. fresh implications and added new dimensions to the law.
INDIAN JOURNAL OF APPLIED RESEARCH X 130
Impact Factor : 3.6241 Index Copernicus Ic Value: 74.50 Empowering People: Effective Social Work Approaches & Strategies
LAW AS AN INSTRUMENT OF SOCIAL CHANGE AND
FOR EMPOWERMENT OF THE MASSES
KEYWORDS
Dr.S.Durgalakshmi Mrs.R.Ammu
Assistant Professor, Government Law College, Assistant Professor, Government Law College,
Coimbatore. Coimbatore.
ABSTRACT Law and social transformation is a very unique concept which highlights the studies and changes in social problems
and their solutions through legal approach. Here “ law changes the society” which means that the law of the land
compels the society to be changed according to the law. When dispute arises the matter is brought before the judiciary, which
applies the rule of law principle to change either the existing custom or law. Secondly society changes the law it means that the law
is made by the society according to the requirement of the democratic institution. It can be brought out either by legislating
function or by adopting customs and practices1. Law has always been seen as an instrument that could bring out social change. An
attempt is made in this paper to emphasize that though there are several devices to bring about a change and transformation in our
society but for law none can be considered as the most effective and safest method.
Introduction Arti cial insemination, test tube babies, surrogate motherhood
Interpretation of the word 'LAW' and cloning, prenatal detection technique and abortion have
According to Blackstone, “Law is a rule of conduct, prescribed challenged the values of family life. Apart from these, law plays
by the supreme power in the State, commanding which is right a pivotal role in protecting the environment. The technological
and prohibiting what is wrong. Jurisprudentially law consists of growth has created great pressure on the degradation of envi-
rules prescribed by the society for the governance of human ronment. As a consequence of this the legal system had to alter
conduct”. Law of any civilized country is not de nite, but its legal strategies and introduce new principles, doctrines,
changes according to the demand and circumstances of the mechanisms etc to protect the environment, human habitation
society. Roger Cotter views “Social change is held to occur only and the civic life. Technology is a blessing and curse, to which
when social structure - patterns of social relations established law and society have to respond aptly. Apart from society and
social norms and social roles changes”. environment transformation also happens in the economics sec-
tor, culture religion morality social outlook and very many areas.
Law not only lays down the norms which are acceptable to a Here again law weaves its way through economic life creating
given society, it also lays down the norms, which the society possibilities for economic development and placing constraints
should adopt in the interest of its own welfare. The rules or code on the form of development through very many statutes, Ex:
of conduct which a society develops by experience shapes into Intellectual Property Rights.
law for the sake of uniformity, consistency, performance and
sanction. An acceptable norm thus becomes a law. The depar- Interaction between law and social transformation
ture there from is condemned as crime in criminal law but civil The researcher is of the opinion that law is the most effective
law becomes a code of conduct regulating the society. instrument of social change but at times social changes
becomes law. In India there are two main institutions which
REASONS ATTRIBUTED FOR SOCIAL TRANSFORMATION makes change in law, namely the legislature where new laws are
Social transformation occurs due to several factors such as enacted or amendments are done to the old acts to suit the
changes in technology, demography and ideology, changes in need of the hour. The second institution is our judiciary, where
political life and economic policy and in legal principles or insti- interpretation of the rule of land and law of land coexist.
tutions.
Foresight of framers of Indian constitution
American Judge Benjamin Cordozo said that the “Final cause Law should not be de nite but must transform according to the
of law is the welfare of society”. Law should not be de nite but requirement and necessity of the society arising out of passing
must be transformable according to the requirement and of time. It is this foresight in mind father and main architect of
necessity of the society. The law cannot remain immutable. The the Indian Constitution Dr.Bhima Rao Ambedkar inserted Art
researcher is of the view that in a changing society law should 368 to the constitution which provides that “Any part of the con-
march in tune with the changed ideas and ideologies. Social life stitution may be amended by adopting appropriate procedure
has undergone changes because of communication revolution. except destroying the basic structure of the constitution”. It
Hence to keep in pace with the technological development, re ects the acceptance of the need of changing the law even
Law has to be competent for detection of various crimes and the law of the land when situation warrants.
prevention of the same also. New acts like Information
Technology Act has been brought, rules of evidence has been Necessity of changing the law
amended to recognize electronic transaction. Methods of pro- Indian judiciary has generally been found to be alive to the
viding remedies have undergone tremendous change with the needs of social thinking. The courts have brought and their
growth of electronic commerce, cyber crime and internet. fresh implications and added new dimensions to the law.
INDIAN JOURNAL OF APPLIED RESEARCH X 130
