Women Atrocities

Topics: Law, Sharia, Marriage Pages: 71 (23236 words) Published: November 17, 2012
Chapter 7 : The Conflict of Legal norms and social norms.


Since, the evolution of society took place and man decided to form a state regulating its citizens with a set of framed laws there has always been a flux between social and legal norms. Legal norms have been formed on the basis of demands and needs of the society. They are formed in a way as to regulate the people, protecting their interest under laws which are called rights so as to ensure that society is proceeding towards development track. Whereas, social norms are the morals or principals which are a part of society since time memorial. Legal term given for such norms is customs. People are well verse with these customs and have no difficulty whatsoever in understanding them and their impacts. The conflict arises when there is flux between social and legal norms that is customs and laws or morals and principals respectively on deciding upon a particular matter. This particular issue will be discussed in detail in this paper and also their impact on social issues such as women atrocities in India as a case study.

Society Evolution

Society evolution can be defined as the process by which structural reorganization is affected through time, eventually producing a form or structure which is qualitatively different from the ancestral form. When humans began to come together and form a society there was a lot of freedom given to society when freedom was excess there was a threat of society getting disturbed and going to a state which cannot be managed. Hence people decided to give up certain of their rights in order to have security, this was termed as state of nature. The concept of state of nature was posited by the 17th century English philosopher Thomas Hobbes in Leviathan. Hobbes wrote that "during the time men live without a common power to keep them all in awe, they are in that condition which is called war; and such a war as is of every man against every man" [1]. In this state any person has a natural right to the liberty to do anything he wills to preserve his own life, and life is "solitary, poor, nasty, brutish, and short".

Hobbes' view of the state of nature helped to serve as a basis for theories of international realism. Within the state of nature there is no injustice, since there is no law, excepting certain natural precepts, the first of which is "that every man ought to endeavor peace, as far as he has hope of obtaining it" (Leviathan, ch. XIV); and the second is "that a man be willing, when others are so too, as far forth as for peace and defense of himself he shall think it necessary, to lay down this right to all things; and be contented with so much liberty against other men as he would allow other men against himself". [2]

According to John Locke in the state of nature all men are free "to order their actions, and dispose of their possessions and persons, as they think fit, within the bounds of the law of nature."

Formation of Laws

Laws can be formed through various ways. Laws can either be created by a set of body or evolved from time to time or they can also evolve from the court of law which would be according to the demands of society. Laws can be formed through various ways:-

A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and other money bills. Legislatures are known by many names, the most common being parliament and congress, although these terms also have more specific meanings.

In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts. Black's Law Dictionary defines "precedent" as a...
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