SOCIOLOGY- UNIT 2

LAW AND SOCIETY.

According to SALMOND,

Law is an invisible force that controls every human being.

Salmond defined law as “a body of principles recognised and applied by the

state in the administration of justice.” Though Salmond did not define
justice, yet his definition can be considered as the most workable
definition.

Law is an instrument which requires human conduct or behaviour. Law

means justice, morality, reason, order and righteous from the view point of
the society. Law means statutes, acts, rules, regulations, orders and
ordinances from point of view of legislature.

The law serves many purposes. Four principal ones are establishing
standards, maintaining orders, resolving disputes, and protecting liberties
and rights.

ROSCO POUND compares the task of the lawyer to the engineers. He stated
that the aim of social engineering is to build a structure of society as
possible which requires the fulfilment or satisfaction of maximum wants
with minimum usage of resources. He calls this theory as the theory of
SOCIAL ENGINEERING.

Rosco Pound gives the theory of social engineering in which he connected

lawyers with engineers. According to Pound, “Law is social engineering
which means a balance between the competing interests in the society, in
which applied science is used for resolving individual and social problems.”

AUSTIN says, “LAW IS THE COMMAND OF THE SOVEREIGN”.

ISIDORRE STARR is known as the father of law. He said-

“LAW IS A FORM OF SOCIAL RULE THAT STEMS FROM POLITICAL

AGENCIES.”

 Society precedes laws and rules.

 Society ruled by law is a precondition to order, stability and
continuity.
 Law exists to protect, preserve and defend the members of the
society against external aggression/threat and internal
disturbance /disorder.
 Winning the game and winning under the rules of the game.
 Law becomes effective with the moral sanctions of society and
enforced on the people by the power of the state.
 Violation of law brings in punishment.
 Law applies equally to all without exceptions in identical
circumstances.
 Idea of society cannot be conceived in the absence of law, because
when we think of society, we think of SOCIABLE, civilised, orderly
society and not ANARCHY.
 Law owes a lot to the precedents, conventions, customs, folkways
and is based upon existing conceptions of justice.
 Laws are made, legislations are enacted on the basis of social
doctrines, ideas and norms. Eg- monogamous marriage, Hindu
marriage act, 1955.
 According to T.B.Bottomore, “maintenance of legal order depends
upon the moral climate of the society.”
 Law persuades or coerces to respect the rights of others while
enjoying one’s own rights.
 Law promotes social welfare.
 Effectiveness of law depends upon the threat of sanctions and social
climate.