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

Topics: Sociology, Law, United States Constitution Pages: 6 (1991 words) Published: August 23, 2010
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. While the term is usually applied to changes that are beneficial to society, it may also result in negative side-effects and consequences that undermine or eliminate existing ways of life that are considered positive.6 Law as a Means of Social Change: Change is an ever present phenomenon everywhere. The nature is never at rest. The history of humankind reveals that human wisdom has devised different methods and means to meet the structural changes in the social system which take place with the advancement of knowledge, culture and civilization. Law plays an agent of social change. As the society changes, so do it needs a serviceable system must be able in its development to take account of new social, political and economic requirements and law is an effective medium or agency, instrumental in bringing about social change.

3 4

Vidya Bhusan, An Introduction to Sociology, Kitab Mahal, Allahabad, 2001, p. 714 Ibid. 5 "social change." Encyclopædia Britannica. Encyclopædia Britannica 2009 Student and Home Edition. Chicago: Encyclopædia Britannica, 2009. 6 , visited on 26/0202010

Law has always been considered as one of the important instruments of affecting social change. In the modern era, there has been widespread concern of law as a tool for bringing about homogeneity in the heterogeneous population having socio-cultural diversities.

Inequalities, discrimination, exploitation, etc prevail in every society. Law helps to reshape the society by eliminating these social drawbacks through social changes. The sin quo non of law is to bring gradual and orderly progress in the society. Law brings social change through the instrumentality of legislation. Hence legislation may be enacted for slum clearance providing assistance to the poor, providing social security to the marginalized, handicapped persons, for providing protection to the women, children, aged, minorities, etc.

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