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UNIT-I:-
What is Social philosophy? Social Science and Social Laws; Philosophy of
Social Science.
INTRODUCTION:-
Philosophy is the study of general and fundamental problems concerning matters such
as the nature, knowledge, truth, justice, beauty, mind and language. Philosophy is the
root cause of all knowledge. It is contemplated as mother of all sciences. Philosophy
helps to coordinate the various activities of the individual and the society. It assist us
to understand the significance of all human experience. Philosophy critically evaluates
and analyses the variety of human experiences. It develops a comprehensive system of
thoughts about the universe and the life as a whole.
Social Philosophy:-
Man is a social animal. The entire existence of every human being is sustained,
nurtured, furthered and developed in all the aspects through the active cooperation of
his fellow beings. Social Philosophy tries to find out the basic laws which operate in
the society and influence human relations. Its aim consists in discovering the meaning
of the actual mode of existence. A Social Philosopher tries to study society from
philosophical point of view and tries to find out the link between human society and
the basic nature of Ultimate Reality. An individual is born in the society and thereafter
interacts with the society throughout his life. The society is the soil where his
personality is nurtured. Social Philosophy is the philosophy of human relations in
Society.
Social philosophy is one of the paramount(important) and essential branch of
philosophy that scrutinizes(studies) the questions about the social behaviour and
interpretations of society and social institutions in terms of ethical values rather than
emprical relations. Social philosophers systematically and logically analyzes or
emphasizes on understanding various social contexts for political, legal, moral,
ethical, cultural questions and social problems, especially those issues pertaining to
social values. Social philosophy is the philosophy of human relations in society. It
gives insight into the actual activities of human beings in the society. It tries to find out
the rudimentary(basic) laws which wield(operate) in society and sway(influence)
human relations. It aim consists in discovering the meaning of the actual mode of
existence. Social philosophy elucidate(explains) society with reference to the essential
social unity of mankind.
Society is a group of individuals united together with a definite end in view. The
nucleus of the society is man. Society is a dynamic organization of purposive
individuals. Social philosophy studies the interactions and inter-relations that exist
among men and their groups.
According to John Stuart Mackenzie, “Social philosophy seeks to explain the nature
of society in the light of the principle of social solidarity. Social philosophy aims at
interpretation of society with reference to the norm of ‘social unity’ .
For Bertrand Russell, “Social philosophy solicit(obtain or seek) the conditions in
which all the constructive tendencies of man such as love, sympathy, social marriage,
and education can provide maximum possible opportunities to produce the people who
can save the world from future catastrophe(disaster)”.
INTRODUCTION:-
Systemetic study of facts and gathering collection of knowledge on the basis of
observation and experiementation is called science. The word ‘Science’ is derieved
from the Latin word ‘Scientia’ which means ‘to know or knowledge’. Science in this
modern era is broadly classified into three major branches that consist of the natural
science, social science and formal science. Natural science is a branch of science
concerned with the description, prediction, and understanding of natural phenomena,
based on empirical evedience. It studies nature in the broadest sense. For Eg:- Biology
, Chemistry, Physics. Social science is a category of academic disciplines, concerned
with society and the relationship among individuals within a society. For Eg:-
Anthropology, Archaeology, Communication Studies, Economics, History, Human
Geography, Jurisprudence(Legal Theory), Linguistics, Political science, Psychology,
Public health and sociology. Formal science are formal languages disciplines
concerned with formal systems, such as Logic, Mathematics, Statistics, Computer
Science, Robotics, Information Theory, Game Theory, System Theory, Decision
Theory, and Theoretical Linguistics.
Social Science:-
Social science is an indispensable(important) category of academic disciplines,
concerned with the society and the relationships among individuals within a society. It
is also the study of human interaction between two or more individuals. Social
sciences study the social behavior of human life. The different core-components of
social behavior of human life are- economic behavior, political behavior, cultural
behavior and tradition, customs and social institutions, religious faiths and ethics,
value pattern followed insociety, etc. These behaviours are studied using systematic
observation, measurement and experiment with the formulation, testing and
modification of hypothesis that is a scientific method. Branches of social science
includes Anthropology, Communication Studies, Criminology, Economics, Education,
Geography, History, Law, Linguistics, Media studies, Political Science, Psychology
and Sociology.
Philosophy of Social Science:-
Philosophers of social science are concerned with the differences and similarities
between the social and the natural sciences, causal relationship between social
phenomena, the possible existence of social laws, and the ontological significance of
structure and agency. The philosophy of social science is consequently a
metatheoretical endeavour—a theory about theories of social life. To achieve their end,
philosophers of social science investigate both the practice of the social sciences and
the nature of the entities that the social sciences study—namely, human beings
themselves. The philosophy of social science can be broadly descriptive, prescriptive
or some combination of the two. The philosophy of social science can be described
broadly as having two aims. First, it seeks to produce a rational reconstruction of social
science. Second, the philosophy of social science seeks to critique the social sciences
with the aim of enhancing their ability to explain the social world or otherwise
improve our understanding of it. Auguste Comte the father of Sociology, first described
the epistemological perspective of Positivism in his journal,“The course in positive
philosophy”.
Social Laws:-
Society is the inhabitable, essential element for human existence. No human society
can ever exist without righteous human beings. The righteous human life can be
possible by the correct formulation and application of laws which are called the norms
or ideals of the society. These laws are social laws on the basis of caste, religion,
region, language, and race. In society there were no laws so they started forming laws
by living in social family, village, state, nation(highest form of living) and joint
family(primodial form of human existence). After that they started creating rules and
regulations for the regulator control and guidence of people for social progress and
social development. Social law is a unified concept of law, which replaces the classical
division of public law and private law. The term has both been used in main fields of
law that fall between ‘core’, private and public subjects, such as corporate law,
competition law, labour law and social security, or as a unified concept for the whole
of the law based on associations.
1. Public Law:-
It is that part of law which governs relationships between individuals and the
government, and those relationships between individuals which are of direct concern
with society. Public law comprises constitutional law, administrative law, tax law and
criminal law as well as all procedural law. In public law, mandatory rules prevail.
Laws concerning relationships between individuals belongs to private law.
A. Constitutional Law:-
It lays out the foundation of the state. It postulates the supremacy of the law in theare
functioning of the state, the rule of law. Secondly, it sets out the form of the
government-how its different branches work, how they are elected or appointed, the
division of powers, and responsibilities between them. Traditionally, the basic elements
of government are the Executive, the Legislature and the Judiciary. And thirdly, in
describing what are the basic human rights which must be protected for every person
and what further civil and political rights citizens have, it sets the fundamental borders
to what any government must and must not do.
B. Administrative Law:-
It refers to the body of law which regulates bureaucratic procedures and defines the
power of administrative agencies. These laws are enforced by the executive branch of
government rather than the Judicial or Legislatuve branches. This body of law
regulates international trade, manufacturing, pollution, taxation and the like. This is
sometimes seen as a subcategory of civil law and sometimes seen as public law as it
deals with regulation and public institutions.
C. Criminal Law:-
It involves the state imposing sanctions for defining crimes committed by individuals
or businesses, so that society can achieve its brand of justice and a peaceable social
order. This differs from the civil law in that civil actions are disputes between two
parties that are not of significant public concern.
D. Tax Law:-
Tax law or revenue law is an area of legal study which deals with the constitutional,
commom-law, statutory, tax treaty, and regulatory rules that constitute the law
applicable for taxation.
2. Private Law:-
It is the part of a civil law legal system that involves relationships between individuals,
such as the law of contracts or torts(as it is called in the common law), and the law of
obligations(as it is called in civil legal systems). It is to be distinguished from Public
law, which deals with relationships between both natural and artificial persons i.e
organization and the state, including regulatory statues, penal law and other law that
affects the public order. In general terms, private law involves interactions between
private citizens, whereas public law involves interrelations between the state and the
general population.
Areas of Private Law:-
A. Civil Law
B. Law of torts
C. Law of unjust enrichment
D. law of trusts
E. Law of agency
F. Law of Property
G. Family Law.
Short Notes:-
Q-1. What are the nature of social laws?
1. Social laws are non-political.
2. Social laws are not enforced through the court of law.
3. Social laws may be ethical or non-ethical.
4. Social laws are non-judiciary.
5. Social laws are subjective rather than objective.
6. Social laws are dynamic in nature.
7. Social laws are guided by social norms, believes, values, and rules.
8. Social laws are non-obligatory.
Q-2. Distinguish between social law and political law?
1. Social laws are societal and political laws are legal.
2. Social laws are non-obligatory and political laws are obligatory.
3. Social laws are non-justifiable and political laws are Justifiable.
4. Social laws are subjective and political laws are objective.
5. Social laws are guided by social norms, believes, values and political laws are
guided by political rules.
6. Social laws are the essential aspect of society and political laws are essential
aspects of the state.
7. All political laws are social but not all social laws are political.
Q-3. Write the nature and scope of social science?
1. Social sciences are the genesis or the parent disciplines of social studies.
2. Social sciences seek social utility.
3. Social sciences are studied through idealistic approach.
4. Social sciences aim at contributing knowledge and increasing the intellectual
horizon.
5. Social sciences are advanced study of human society. They are basically taught
at high school / university level.
6. Social sciences are the complex study of social phenomena.
7. Social science does not discover new facts.
8. Social science rationalizes and philosophizes social phenomena.
9. Social science is a second order activity.
UNIT-II:-
The Explanation of Human Actions; Reasons and causes.
UNIT-III:-
Political ideals: Liberty, Equality and Justice.
Unit-IV:-
Democratic Ideals; Democratic Government; Human Rights.
Q-1. Give a full account on democratic government?
INTRODUCTION:-
In modern state the welfare activities of the society is mainly performed by democratic
or authoritarian government. However in 21st century democracy is known as the best
form of government because it implies a stable political status, an ethical concept and
a good social condition. In literal sense democracy comes from a Greek word,
“Dēmokratía” which means rule by people or rule of the people. So, democracy is the
form of government which the mass of the people have the right to involve in the
activities of the state.
Important definitions of Democracy:-
Sir John Robert Seeley defines democracy as, “A government in which everyone has a
share”.
Albert Venn Dicey states democracy as, “A form of government in which the
governing body is a comparatively large fraction of the entire nation”.
Abraham Lincoln have propounded democracy as, “Government of the people, by the
people and for the people”.
James Bryce says, “Democracy is that form of government in which the rulling power
of a state is legally vested not in any particular class or classes but in the members of
the community as a whole”.
Basic principles of Democracy:-
Democracy has the following basic principles
1. Popular Sovereignty:-
Supreme power of the people. The ultimate political power resides not in any
particular class or classes but in the community as a whole. In a democracy the people
control the government. The people must be given the freedom to choose who shall
govern freedom of choice, thus, is the basis core of democracy.
2. It is based on political liberty and equality:-
A democratic form of government is built on the foundations of the principles of liberty
and equality. Individual freedom and equal opportunities for all are essence of a
democratic form of government. It guarantees essential freedom, personal liberty,
freedom of expression.
3. It is based on egalitarian thought:-
Egalitarian thought implies each individual has equal status with others that
democratic emphasizes. It is a system in which class distinctions are absent or
relatively unimportant. It guarantees equal opportunities for all irrespective of
differences on the ground of sex, gender, race, age, sexual orientation, origin, caste,
class, income, property, language, religion. It emphasizes on the doctrine of equality
before law.
4. It is a government by consent or public criticism:-
Democracy is generally regarded as government by consent or by public criticism. No
democratic government can rule without the consent of the people. A government by
consent implies the right of free discussion and criticism to all the people, the right to
form various parties and associations for propagating ideas freely, the freedom of
press etc.
5. It respect for human dignity and personality:-
Under a democratic government, the dignity of the human personality is recognised.
Every individual is free to live in his own way. Democracy is therefore, not only a form
of government, but also a way of life. It respects and does value human dignity.
6. It is rule by majority:-
All the people in a modern democratic state do not take on active part in the affairs of
the government. In actual practice, democracy is a system of government which is
based upon the principle of majority rule. This however, means rule by the majority
with full safeguards for the rights of minorities. There are political parties in all the
democracies of the world. The party which secures a majority of seats in the
legislature, forms of government.
Forms of democracy:-
There are two different forms of democracy, they are:-
1. Direct Democracy
2. Indirect Democracy or Representative Democracy.
1. Direct Democracy:-
In modern days, it is traced in some of the cantons of Switzerland, in which laws are
passed. Direct democracy was prevalent in the ancient Greek city states. The citizens
of these states were directly participating in the management of the public affairs.
They used to assemble at a particular place and pass laws. The policies of the
government and the appointment of the public officials were also made by the people
directly. Hence, the government under this system was directly run by the people
themselves and not through any representatives. Direct or pure democracy is suitable
to small states and it cannot be practicable in the large territorial states of the modern
times.
There are certain features of direct democracy which are as follows:-
a) Referendum:-
it is a procedure by which a particular bill or constitutional amendment is reffered to
the people for their popular vote.
b) Initiative:-
Unlike referendum it is a positive power in the hands of the people as the matter
regarding the necessity of a particular law is initiated by the people.
c) Recall:-
It is an unique method which enables the people to excercise their power of recalling a
representative whom they have selected.
2. Indirect Democracy or Representative Democracy:-
Indirect democracy or representative democracy is generally prevalent in modern
times. Under this system representatives are elected by the people for a particular
period of time and during this period the activities of the representatives are reviewed
by the people. If the people are not satisfied with their activities then they can replace
them by choosing new representatives. Indirect or representative Democracy involves
representation and election. Representation and election have become the basic
characteristics of democracy today.
Merits of Democracy:-
1. Democracy is considered as the best form of government as it believes in the
popular participation in the affairs of the government.
2. People learn to solve their own problems and cultivate the art of self-government.
3. Democracy protects the interests of the people.
4. A democratic government is a responsible government, it is responsible to the
people who are governed. The opinion of the people has great significance in a
democracy. It respects the wishes of the people.
5. Democracy upholds liberty and equality.
6. Democracy is a training ground for citizenship.
7. A democratic government is a government by common consent.
8. Democracy is regarded as an active school for character buliding.
Demerits of Democracy:-
1. Democracy is often criticized as an inefficient form of government.
2. Democratic form of government attach more importance to quantity rather than
quality, it is based on the assumption that one main is as capable of ruling as another.
3. A democratic government is a government by majority party.
4. Democracy is a government by the party system.
5. Democratic government is wasteful and expensive.
6. Corruption and bribery follow as a national consequence from the elections which
is the soul of democracy.
7. Democracy does not ensures stability and continuity of policies in the
administration.
CONCLUSION:-
Unit-V:-