Law and society

Law and society

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Law and society

Man is a social animal and hence his existence cannot be imagined in isolation. Society is a group of two or more human beings. Though, the basic human instincts and bestial nature of human does not allow smooth cohabitation in society, yet man has strived hard to come out of jungle. Man being an intelligent animal, thrown this dogma away and made certain principle, rules, model code of conduct to be followed by its members. And these set of principles, rules, code of conduct can be termed as law. Law is the guiding principles for a civilized society. Law is like a code of conduct or a set of rules and regulations evolved by the society itself for smooth carrying of interpersonal relations. Society cannot be imagined without properly defined law and its implementation. Even, in the animal kingdom there are certain rules, mutually consented principles to be followed by members for smooth existence. Thus, the law is an essential ingredient of a civilized society. The law is the basic framework of the society. If we trace back the roots of society, we find certain pre defined rules to be followed by the members of society led in smooth co existence. The members who do not follow the laws are termed outlaw in the society and resultantly, they are removed from the society for the welfare of the other society members or to cite an example for other members to abide by the law.  Law ensures equal treatment of all and equality in opportunities. This is a very crude concept of law. Today societies are assessed on the level of laws a society follow. For example, people hate a slum society today for the best known reasons of its lawlessness. In higher or upper class societies members follow rules meticulously. Thus, it creates more avenues for all to prosper properly. As of now, we have a very developed and advanced system of laws. It is the law or rule of law which has derived possibility of such prosperity of human beings. The law is necessary in modern society. Every type of society exists because of their distinctive features of rules. A particular society has its distinct identity because of their laws. Law entails peace, harmony and sense of security in society.Law is a dynamic phenomenon, it is like a stream, it transforms itself as per the need of the society. Society remains always on path of reformation, growth and experimentation. This is the reason, the law remain flexible to suit the situation. Law exhibit both characteristics of rigidity and flexibility. At certain times, it remains very rigid mainly in matter of larger interests, whereas it is flexible in individual matters. The common welfare is the prime goal of the society.Without proper implementation of law, thesociety becomesnasty, and the legal system of a country reflects the rules and the structure of the society. Law can be changed due to the social condition of the country and as well as society can be changed by the enforcement of law. So if we want to  keep the society peaceful, we need to create a harmonious relationship between law and society.  Societies today are more complex and interacting. People know their rights and duties and they also know how to live in a healthy environment. Itbecame possible only due to awareness of law.  Laws are acted in different societies for the protection of individuals, security of property, businesses and welfare of the State.  In present scenario law is designed to protect the individual’s personal and social rights.  For example freedom of speech, freedom of press, the right to fair trail ,  right against exploitation  and many more rights which are the basic structure of any society.  Even, ifwe talk ofthe Preambleof the Indian Constitution, it also states the idea of justice, liberty, sovereignty, fraternity, and equality which constitute the basic structure or basic foundation of our constitution. However without law these ideas will constantly shatter. In absence of law and order there will be nothing to protect these ideas.  Law also helps in getting rid of the social barriers that exist in our society and helps in removal of social stigmas such as dowry, untouchability.  In many cases law interacts indirectly with basic social institution in a manner constituting a direct relationship between law and social change. It shows how important it is to have a system of law in a society to regulate a good relationship with each other, even for those with conflicting interest.

Teena

Assistant professor

Faculty of law

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