Relevance of The Sociology in Law

RELEVANCE OF THE SOCIOLOGY IN LAW
ABSTRACT
Sociology of Law is a descriptive study of law, and legal institutions of a community. It relates to
consideration of legal structures (i.e., the legal system), legal procedure (how law is formed), and
the role of law in societal transformation. Law is a social function, an expression of human
society concerning the external relations of its individual members. The State has to maintain.
law and order. Sociology studies the role of institutions in the development of the individual such
as house and family, the school and education, community, associations, etc. Laws may be
administrative, political, economic, or social. The laws which deal with social problems are
called 'social legislation’. Social legislation is that which serves the present social and economic
objectives of the nation and deal with current social problems. The social system is the order that
keeps it going. It is the ordered unity. No single group or no single institution has the power to
disturb it. As social change/reproduction is not affected by any single social stratum in isolation,
different strata perceive social forces differently, depending on their location in the existing order, and
attempt to modify them. The evolution of law is part of this social process. The text of law is itself a
register of these negotiations and is therefore a contested domain. The two concepts, i.e., social
structure and social system are closely related to each other. Social system relates to the
functional aspect of social structure. Social structure is the means through which social system
functions. The value of any structure depends upon the manner in which it accomplishes its
functions.
INTRODUCTION
1
The term 'Sociology' was coined by Auguste Comte, a French philosopher in 1830 and he is
considered 'the father of sociology'. The word 'sociology' is derived from Latin term 'societus'
meaning 'society' and a Greek term "logos", meaning 'study' or 'science'. The etymological
meaning of sociology is thus the science of society and in 2the term 'law' is used to means 'legal
1
Dr. S.R. Myneni, SOCIOLOGY For Law Students (pg.no.01) [ 16/2, Mathura Road Plot No. 33, Faridabad
(Haryana)].
2
(Haryana)].
order' it represents the regime of adjusting relations, and ordering conduct by the systematic
application of the force of organized political society. It also means the whole body of legal
precepts which exist in a politically organized society. The official control in a politically
organized society. Every single society has its own legal system. Law is the body of principles
recognized and applied by the State in the administration of justice. Law is a body of rules. It
guides human conduct in society and is a means of social control. Law is imposed by authority.
3
The works of sociologists and jurists at the turn of the 20th century can be used to trace the
origins of the sociology of law. Max Weber and Emil Durkheim both conducted social studies
that examined the connection between the law and society. The foundation of modern legal
sociology is found in the works of early sociologists of law. Legal sociology is the study of law
as a functioning, influential social system that is used to govern societies. To think of law as a
social system is to consider the goals that these legal texts pursue as well as the processes of law-
making and its application or the application of its texts and their activation in social reality.
WHAT IS SOCIOLOGY OF LAW?
4
Sociology of Law is a descriptive study of law, and legal institutions of a community. It relates
to consideration of legal structures (i.e., the legal system), legal procedure (how law is formed),
and the role of law in societal transformation. As per sociology of law, it is crucial to examine
how the law affects race, class, gender, and other socially significant value. The study of
sociologist's empirical legal phenomena to understand and know the growth, development and
working of legal institutions. Sociology of law provides tools and methods to proceed in a better
way to realize and concentrate on their goals. Sociology of law is a theoretical science consisting
of generalizations regarding social phenomena, in so far as they refer to the contents, purposes,
applications and effects of legal rules. Sociological jurisprudence and sociology of law are two
distinct and independent concepts: the former looking at law in an involved fashion making it a
means of social control while the latter studies of law in a theoretical and descriptive fashion
without concentrating on law as a means of social control. Sociology of law exists as a distinct
3
SOCIOLOGY, INDIA. Available at https://www.tutorialspoint.com/sociology-of-law-definition-and-meaning (last
date visited on 03.09.23)
4
(Haryana)].
science whereas sociological jurisprudence is merely a branch of science of jurisprudence. They
both are complementary and supplementary to each other. Sociology of law is a theoretical
science of society with a slant on law and legal institutions while sociological jurisprudence is an
applied science used in the technical sense to achieve desired ends. Like technology, sociological
jurisprudence attempts to harness law for the benefit of society, by using the gears for
accelerating the pace of social change for balancing conflicting interests and for establishing
harmony in society on a just and need based basis.
DEFINATIONS
5
Auguste Comte (1798-1857)- A French writer who lived after the French Revolution of 1789
produced his six-volume work on "Positive Philosophy. He developed the first comprehensive
approach to the scientific study of sociology. His positive philosophy represents an organization
of the social and scientific achievements of his time. According to him, sociology should utilize
the method of 'positive'. Positivism is a method of scientific inquiry using observation,
comparison and experimentation in developing the knowledge concerning the nature of society
and human relationships. In his positive sociology, he introduced two key concepts: social statics
(social structure) and social dynamics (social change). Social Statics refers to relationships
among social institutions and also refers to the problems of order and stability. It is concerned
with the examination of how and why societies-maintained order and endured. Social Dynamics
refers to the problems of social change and would improve our understanding of breakdowns and
re-arrangements of social structures.
6
Karl Marx (1818-1883)- Karl Marx, philosopher, who contributed the Communist Manifesto.
Das a German Kapital, Poverty of Philosophy, Surplus Value, etc. influenced sociology by
proposing 'people should take active steps to change society'. He advocated 'Praxis', i.e., practice
to find solutions to human problems. Marx explained how society is organized and how it
undergoes changes. He strongly believed in economic determinism. According to him, forces of
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production and the relations of production are basic to the understanding of structures of society.
He talks of dialectical materialism to explain change as a historical phenomenon.
7
Max Weber (1864-1920)- Max Weber, a German, was an economist and a historian. In his work
on the "Methodology of Social Sciences', he observed that sociology as a discipline should adopt
the method of Verstehen (i.e., understanding) to understand social actions in terms of the
meanings which the actor gives to his/her actions. He states that sociology is a science, which
attempts the interpretative understanding of social action in order, thereby, to arrive at a causal
explanation of its course and effects.
RELEVANCE OF SOCIOLOGY OF LAW
8
Law is a social function, an expression of human society concerning the external relations of its
individual members. The State has to maintain. law and order. The State is an institute of society.
Sociology studies the characteristics and functions of the State as an sociological institute.
Sociology gives the understanding of political institution, power, and authority in different
political systems. Sociology also deals with social disorganization and the causes for
disorganization and the resultant crimes. Sociology deals with the features of social control and
how social control is exercised in society. Sociology deals with social groups. their internal
forms and modes of organization, the processes that tend to maintain or change these forms of
organization and the relation between groups.
It is the society that determines the nature, purpose, and function of law. Law is studied in terms
of the immediate needs and requirements of individuals and other varying social groups. As law
is an effective instrument of social control for realizing, securing, and satisfying the varying
interests which are pressing for recognition, reconciliation and satisfaction at a particular period,
place, law is required by every society. One should know the nature of society, different social
institutions and social control and the knowledge of all these is provided by the science of
sociology. Society and legal systems have indispensable relationship. The science of society
provides the reasons for evolutionary legal trends from time to time. Therefore, a new branch of
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(Haryana)].
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(Haryana)].
science, 'Sociology of Law', which is a descriptive study of law, and legal institutions of a
community has evolved as a branch of sociology. Hence, Sociology and Jurisprudence (legal
theory) are complementary and supplementary to each other.
9
CHARACTERISTICS OF SOCIAL SYSTEM
Every social system has some characteristics of its own. There are, however, some features
which are common to all. These common features are: -
(1) Social system is a plurality of individuals and is based on the interaction of individuals. It is a
complex arrangement.
(2) The social system varies from time to time and from one system to another due to
environment, time, and space.
(3) Social system has an aim and purpose. It is essentially a functional arrangement. This finds
expression in institutions, traditions, and customs. laws and procedures, religion, and culture.
(4) Social system is the order that keeps it going. It is the ordered unity. No single group or no
single institution has the power to disturb it.
(5) The nature and scope of interrelationship and interaction of the members of social system is
determined by culture.
(6) Social system works with the adjustment of parts with each other in a balance.
One may think of social systems at two different levels. At one level a social system may be
considered in terms of a concrete social structure that is composed of persons who interact more
with members than with non-members when operating to attain their objectives. At the other
level, a social system may be viewed in terms of an abstract entity in which patterns of
relationships prevail from generation to generation in a given region.
RELATIONSHIP BETWEEN SOCIAL SYSTEM AND SOCIAL STRUCTURE
9
(Haryana)].
10
The two concepts, i.e., social structure and social system are closely related to each other.
Social system relates to the functional aspect of social structure. Social structure is the means
through which social system functions. The value of any structure depends upon the manner in
which it accomplishes its functions. When a social structure does not function properly, we try to
modify it. Structure is useless without function and function is only accomplished through some
structure. The nature of functions to be carried out influences the form of structure. And the
form of structure will influence the functions it can perform. A rigid social structure may fail to
meet the needs of a changing society. While norms are necessary to regulate the social system, it
is also equally necessary that the parts of social structure should be allowed initiative to use their
creative capacity.
11
IMPORTANCE OF SOCIOLOGY
1. Sociology makes a scientific study of society.
2. Sociology studies the role of institutions in the development of the individual such as house
and family, the school and education, community, associations, etc.
3. The study of Sociology is indispensable for understanding and planning of society.
4. Sociology is of great importance in the solution of community problems.
5. Sociology has drawn our attention to the intrinsic worth and dignity of man. 6. Sociology
provides solutions to innumerable problems and tensions which have resulted in a crisis of
character everywhere.
7. Sociological knowledge helps us to understand and enrich the culture of the people who
belong to different professions, occupations, castes, and communities.
8. Sociology helps us in understanding social evils. criminals and the problems of crime better.
9. Sociology contributes to making good citizens.
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(Haryana)].
10. Sociology helps the individual to find his relation to society, it identifies good government
with community, and it helps one to understand causes of things and so on.
11. Sociology helps in social reconstruction to set society in order.
12. Sociology helps in assessment of resources.
13. Sociology helps in conciliation.
14. Sociology helps everyone to understand the world he lives in.
15. Sociology defines standards for a constructive society.
16. Sociology stimulates everyone to overcome narrow personal prejudices, egoistic ambitions,
and class hatred.
17. Sociology trains every member of every association as to how they can progress in their life
through mutual co-operation.
18. The study of sociology helps one who aspires to settle in life by appearing in
competitive examinations.
SOCIOLOGICAL IMPLICATIONS OF MAJOR LAWS
12
Laws may be administrative, political, economic, or social. The laws which deal with social
problems are called 'social legislation’. Social legislation is that which serves the present social
and economic objectives of the nation and deal with current social problems. Social legislation is
made keeping in view of the circumstances, the requirements, and social aims of the time. Each
country will have a definite type of social legislation depending upon the circumstances
and requirements.
13
POSITIVE IMPLICATION OF SOCIAL LAWS
(1) Upliftment of women. -Through various Acts, the upliftment of women has been ensured
that they have been given rights equal to those of men which have been given various rights from
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(Haryana)].
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(Haryana)].
that of divorce to the share in property. The State enacted Equal Remuneration Act. 1976 to
provide equal pay for equal work for both men and women. The State enacted the Maternity
Benefit Act, 1961 to provide payment of maternity benefit at the rate of average daily wages for
a total period of 12 weeks and other facilities.
(2) Reform in marriage relations. - The man used to keep several wives on account of which
there used to be fueds and quarrels. This state of affairs continued due to the impact of social
legislation.
(3) Child welfare. - Due to the abolition of child marriages many evils have been checked. The
State directs its policy towards securing that children are given opportunities and facilities to
develop in a healthy manner and in conditions of freedom and dignity and that childhood and
youth are protected against exploitation and against moral and material abandonment. For the
welfare of children, the Government enacted the Child Labour (Prohibition and Regulation) Act,
1986. The State provided the right for free and compulsory education for all children until they
complete the age of fourteen years.
14
NEGATIVE IMPICATION ON SOCIAL LAWS
(1) Disintegration of family. - The provisions of divorce, many families are disintegrating.
Previously when there was no such provision, mutual endeavors were made to maintain
harmony, but now dissatisfied party wishes to live independently after taking divorce.
(2) Decline of joint family. -Due to the provisions of equal rights in the property, the institution
of joint family has received a great setback.
(3) Insecurity of old persons. -Due to the lack of social security, the sons often marry on their
own after being educated and break off their relations from home. As a result of this the old
persons are very much worried due to the feeling of security. Thus, it can be seen that several
revolutionary social changes have come in Indian society. Through the various Acts of social
legislation, women are no more the slaves of men. Social legislation provided security to the
children. The miserable conditions of the widows were remedied by social legislation. Many
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(Haryana)].
societies are trying to provide equal opportunities and protect the weaker sections and minorities,
through social legislation.
CONCLUSION
15
Law is a set of rules and regulations that, if practicable, are applied through social institutions
to regulate human behaviors. Laws may be administrative, political, economic, or social. The
laws which deal with social problems are called 'social legislation’. Social legislation is that
which serves the present social and economic objectives of the nation and deal with current
social problems. The social system is the order that keeps it going. It is the ordered unity. No
single group or no single institution has the power to disturb it. As social change/reproduction is
not affected by any single social stratum in isolation, different strata perceive social forces differently,
depending on their location in the existing order, and attempt to modify them. The evolution of law is
part of this social process. The science of society provides the reasons for evolutionary legal
trends from time to time. Therefore, a new branch of science, 'Sociology of Law', which is a
descriptive study of law, and legal institutions of a community has evolved as a branch of
sociology. Hence, Sociology and Jurisprudence (legal theory) are complementary and
supplementary to each other.
REFRENCE
Dr. S.R. Myneni, SOCIOLOGY For Law Students (pg.no.01) [ 16/2, Mathura Road Plot No. 33,
Faridabad (Haryana)].
SOCIOLOGY, INDIA. Available at https://www.tutorialspoint.com/sociology-of-law-definition-

and-meaning (last date visited on 03.09.23)
Faridabad (Haryana)]
15
SOCIOLOGY, INDIA. Available at https://www.tutorialspoint.com/sociology-of-law-definition-and-meaning
(last date visited on 03.09.23)
Dr. S.R. Myneni, SOCIOLOGY For Law Students (pg.no.538) [ 16/2, Mathura Road Plot No.
33, Faridabad (Haryana)].
Dr. S.R. Myneni, SOCIOLOGY For Law Students (pg.no.539) [ 16/2, Mathura Road Plot No.
33, Faridabad (Haryana)].
SOCIOLOGY, INDIA. Available at https://www.tutorialspoint.com/sociology-of-law-definition-
and-meaning (last date visited on 03.09.23)

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RELEVANCE OF THE SOCIOLOGY IN LAW

WHAT IS SOCIOLOGY OF LAW?

RELEVANCE OF SOCIOLOGY OF LAW

RELATIONSHIP BETWEEN SOCIAL SYSTEM AND SOCIAL STRUCTURE

1. Sociology makes a scientific study of society.

3. The study of Sociology is indispensable for understanding and planning of society.

4. Sociology is of great importance in the solution of community problems.

11. Sociology helps in social reconstruction to set society in order.

12. Sociology helps in assessment of resources.

13. Sociology helps in conciliation.

14. Sociology helps everyone to understand the world he lives in.

15. Sociology defines standards for a constructive society.

SOCIOLOGICAL IMPLICATIONS OF MAJOR LAWS

SOCIOLOGY, INDIA. Available at https://www.tutorialspoint.com/sociology-of-law-definition-

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