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Law as a Means of Social Change with Refenence to Case of Daughter's Right in Parental Property: Nepalese Context

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Law as a Means of Social Change with Refenence to Case of Daughter's Right in Parental Property: Nepalese Context
LAW AS A MEANS OF SOCIAL CHANGE WITH REFENENCE TO CASE OF DAUGHTER’S RIGHT IN PARENTAL PROPERTY: NEPALESE CONTEXT
Neetij Rai
Abstract Morris writes, “to a zoologist, a horse suggests the genus mammalian quadruped, to a traveler a means of transportation, to an average man the king of sports, to certain nations an article of food.”1 Likewise, law has been variously defined by various individuals from different point of view. For clarity and understanding their viewpoint they have been divided into various schools on the basis of their approaches to law. Sociological school is also one of them which views that law is wholly concerned with the effects and results on society and aim to protect socio economic good of society through law.2 Law is regarded as a means to an end. The end may be broadly categorized as i) ii) Social change Social control


This paper explores how law had acted as a means of social change in the Nepalese context referring to the case of „Meera kumari Dhungana v His Majesty‟sGovernment Ministry of Law, Justice and Parliamentary Affairs and others‟ ( Daughter‟s Property Case) N.K.P 2052, P.NO. 462.

 1

Student, Kathmandu School of Law, L.L.B. 2nd Year. V.D. Mahajan, Jurisprudence and Legal Theory, Eastern Book Company, Lukhnow 2005, p. 26., 2 S.N. Dyani, Fundamentals of Jurisprudence, Central Law Agency, Allhabadh, 2007, p. 304.

An Introduction to Social Change: According to Lundberg “Social change refers to any modification in established patterns of inter-human relationship and standards of conduct”3

According to M.D. Jenson, “Social change may be defined as modification in ways of doing and thinking of people”4

According to Encyclopedia Britannica, “Social change is the alteration of mechanisms within the social structure, characterized by changes in cultural symbols, rules of behavior, social organizations, or value systems.”5

The concept of social change implies measurement of some of the characteristics of a group of individuals.

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