Jamia
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Law as an instrument of Social Change
Sarungbam Lucy
“If the law fails to respond to the needs of changing society, then either it will stifle the growth of the society and chock its progress or if the society is vigorous enough, it will cast away the law which stands in the way of its growth. Law must therefore contently be on the move adapting itself to the fast changing society and not behind”. – Justice Bhagwati.
There are two sides of each coin; similarly, each act of any person is also, either good or bad, and it is the rule, since existence of the society; good (dharma, or satya) has to be accepted and the bad prohibited (evil, a dharma, asatya). This rule still exists and shall be till the end the civilization. Earlier, society was customarily based on Morals. But, as soon as society is replaced by the state, morality too gets replaced by the law. If, we want to change any existing custom or behaviour in society, it should be changed by the instrument of law only, otherwise not.
The law and social changes is a unique subject and studies the social problems of the society and their solutions here, through legal approach. In fact, 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 judiciary on the basis of rule of law, forced the society to change itself the existing custom or law .Second is, “society changed the law”; it means law is made by the society according to its requirement by its democratic instrument. i.e. Legislative or by adopting custom and usage. The prime function of the legislators is to enact the laws, according to the desire of society. Whenever any question arises in court of law regarding t validity of that law if court finds that constitutional, moral, and just then holds it valid but if not
Law as an instrument of Social Change
Sarungbam Lucy
“If the law fails to respond to the needs of changing society, then either it will stifle the growth of the society and chock its progress or if the society is vigorous enough, it will cast away the law which stands in the way of its growth. Law must therefore contently be on the move adapting itself to the fast changing society and not behind”. – Justice Bhagwati.
There are two sides of each coin; similarly, each act of any person is also, either good or bad, and it is the rule, since existence of the society; good (dharma, or satya) has to be accepted and the bad prohibited (evil, a dharma, asatya). This rule still exists and shall be till the end the civilization. Earlier, society was customarily based on Morals. But, as soon as society is replaced by the state, morality too gets replaced by the law. If, we want to change any existing custom or behaviour in society, it should be changed by the instrument of law only, otherwise not.
The law and social changes is a unique subject and studies the social problems of the society and their solutions here, through legal approach. In fact, 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 judiciary on the basis of rule of law, forced the society to change itself the existing custom or law .Second is, “society changed the law”; it means law is made by the society according to its requirement by its democratic instrument. i.e. Legislative or by adopting custom and usage. The prime function of the legislators is to enact the laws, according to the desire of society. Whenever any question arises in court of law regarding t validity of that law if court finds that constitutional, moral, and just then holds it valid but if not