UNIT-IV

SOCIAL CHANGE

PREPARED BY
DR.M.KALIMULLAH

Department of Law
Aligarh Muslim University
Aligarh
2020-21

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Table of Contents
Introduction.................................................................................................................................................... 3
Definitions of Social Change ......................................................................................................................... 3
Law as a means of social control ................................................................................................................... 4
Law as an instrument of social change .......................................................................................................... 4
Law and Public opinion ................................................................................................................................. 4
Social change and the constitution of India ................................................................................................... 5
Legal Rule Versus Moral Rule ...................................................................................................................... 5
Legal Rule Versus Rule of Custom ............................................................................................................... 5
LAW AND SOCIETY ................................................................................................................................... 6
INDUSTRIALISATION AND THE ROLE OF LAW ................................................................................. 6
LAW AND SOCIETY: CONSENSUS OR CONFLICT? ............................................................................ 7
Factors of Social change ................................................................................................................................ 8
Biological ....................................................................................................................................................... 8
Cultural Factors ............................................................................................................................................. 9
Change is a process........................................................................................................................................ 9
Characteristics................................................................................................................................................ 9
Change is Social ............................................................................................................................................ 9
(3) Continuous ............................................................................................................................................. 10
(5) Temporal ................................................................................................................................................ 10
(7) Social Change may be planned or unplanned: ....................................................................................... 10
(8) Social change is multi-causal ................................................................................................................. 11
(9) Social change creates chain-reactions .................................................................................................... 11
Conclusion ................................................................................................................................................... 12
Bibliography ................................................................................................................................................. 13

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Introduction
The abstract idea of '' social change'' evinces dimension of some of the characteristics of a
group of people. If any action which affects a group of people who shared values or
characteristics can also be said as ''social change.''

Generally, the change in existing pattern of social life is known as '' Social Change''. Society
and social conditions never remain static. Generally, social change is to be understood as
change in social structure.

Definitions of Social Change

According to Gainsberg, social change is change in social structure e.g the size of a society,
the composition or balance or its part or the type of its organisation.

According to Jones, ''social change devotes variation in, or modification of, any aspect of
social process,social patterns, social interaction or social organisation.''

Davis observed that social change is large number of persons are engaging in activities that
differ from those which their immefiate forefathers engaged in some time before.

According to Anderson and Parker, social chnage involved alteration and structure or
functioning of forms or processes themselves. Social change means there is must change in
social structure. Social structure which can be understood as nature, social behaviour, social
relations, social organizations, community of people. Social change is change in the social
order.

According to Charles L. Harper, "significant alteration of social structure and cultural

patterns through time."

Elements of Social Change: The word ''social change'' is used in history, politics, economics
and sociology. Social change is also an issue in social work, political science, history,
sociology, anthropology, and in many social sciences. Social change is being created by
revolution, protest, politics, communities, and by direct action. Elements of social change can
be separated as follows.

Physical or geographical

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Biological

Economic

Cultural

Psychological

Technical

Population

Law as a means of social control: Two fold objectives of law to serve is, firstly, to keep up
stability and afford orderly life in the society. Secondly, to persuade social change by
changing itself according to the needs of the changing society. Thus , law is an important
agency of social control. The society supervenes the law for bettermost socialization. Rule of
law in any constitution is the bedrock for democracy. By putting fear in th minds of public,
the law is a helpful agency for social control. Law regulates the behaviour of the people in
society. Law, by using force, makes the people conscious about their duties and obligations.
Law saves precious and good concepts of the society. The exploitation of the people is
curbed through law. The constitution of India, criminal , civil laws and other statutes are
designed to surmount this goal.

Law as an instrument of social change: To understand the social change through law and
legal system, it is pertinent to understand that the working of legal system in the light of
political,social,economic perspectives which can be seen in the constitution of India. Law is a
mirror to know how people relate to one another , their values,what they consider worth
preserving in life, and how they define their own security

Law and Public opinion: The law , which is molded through public opinion is thus the
result of state action in accordance with the public opinion. Here it is necessary to remember
that when Rajiv Gandhi government waned to bring defamation bill, because of the
opposition to the bill in the public, the government dropped the idea. The public opinion is
the reflection of the Peoples will. Public opinion becomes law.

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Social change and the constitution of India: Preamble is a key to open the statute and
consists of source and objectives of the statute. Literally preamble means preliminary
statement in writing or in speech or an introductory part of the statute. The word ''Pre '' means
''before''. '' Amble'' means ''walk''. Thus , it is known the word '' preamble'' means ''before
walk''. The preambular declaration provides that we the people of India having solemnly
resolved to constitute India into a sovereign,socialist,secular,democratic republic and Justice:
Social, economic and political Liberty of thought, expression , belief, faith and worship.
Equality of status and of opportunity and to promote among them all. Fraternity assuring the
dignity of the individual and the unity and integrity of the nation. The Supreme Court of
India in Beru Bari's case,1969 observed that preamble is not part of the constitution and
hence the parliament has no power to amend the preamble. Later, in Kesavananda Bharati vs
State of Kerala,1973 the Court held that there is no wrong in treating preamble as part of
constitution.

Legal Rule Versus Moral Rule: Legal Rules are those rules which are applicable to society
as a whole and are deliberately made by the law- making bodies for the welfare of the
society. These are generally, applicable to all and can only be changed at the power of the
law- making bodies, which may be parliament, legislature or judiciary. For example, the
maximum speed limit set for various vehicles on various roads. Moral rules are principles of
right or wrong behaviour that are generally accepted by a society.These are generally,
personal in nature as they vary from place to place and society to society and change with
respect to time. For example, in a society telling a lie may be considered immoral, that is,
against moral rules.

Legal Rule Versus Rule of Custom: Legal Rules are those rules which are applicable to
society as a whole and are deliberately made by the law- making bodies for the welfare of the
society. These are generally, applicable to all and can only be changed at the power of the
law- making bodies, which may be parliament, legislature or judiciary. For example, the
maximum speed limit set for various vehicles on various roads. Customs in brief can be
defined as the code of conduct which is observed for a long period of time in a society which
is not against any morals or public policy.These are generally, personal in nature as they vary

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from place to place and society to society. For example, in a society it may be a custom that
marriage can only be solemnized in a temple.

LAW AND SOCIETY

-When the term „society‟ is used, a picture which often comes in mind is of loose collection
of people, institution and other social phenomenon and among these law occupies a
prominent place, holding these social arrangements in an orderly fashion.

-Law merely does not bind society but the behaviour patterns, relationships and beliefs also
play a vital role in keeping the society together. For example, no law asks one to socialize
with one‟s neighbor, but still one does which is due behaviour and man‟s innate need for
social relationships.

There are various social phenomena which constitute parts of the overall structure of
a society, such phenomena apart from law includes political institutions (Parliament,
political parties etc.), economic and commercial institutions (trade unions, factories
etc.), religious institutions (temples, church), institutions concerned with teaching of
social rules and standards (schools, family etc.) and cultural institutions (press and
media, cultural associations etc.)

INDUSTRIALISATION AND THE ROLE OF LAW

In eighteenth and nineteenth century industry and commerce developed a lot, especially in
Britain. Many factors contributed to such an expansion of manufacturing industries, among
them availability of natural resources (notably coal) and the suitability of certain areas for the
use of water and steam-powered machines. Supreme factor was the existence of a free market
in the labour, this refers to a situation where workers sell their labour for wages .

Prior to the industrial revolution, social relations in which agricultural labourers or peasants
were tied to, and economically dependent on, the land-owners and nobility (their lords and
masters).

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Due to industrial revolution two new classes came into existence: the industrial working class
and the industrialists, who employed them, paid their wages and frequently provided them
with housing.

Together with the commercial entrepreneurs who traded in the manufactured goods and
brought raw materials to be worked in the factories, these constituted the rising new „middle
class‟, the „bourgeoisie‟, a social class distinct from the landowners who traditionally
possessed the wealth and political power and who had until then been the sole „ruling class‟.

Tensions associated with higher(land owners) class; Middle class make demands for a greater
political voice in the parliament, bringing them in conflict with the established landowning
class. Many people of the working class demanded improvement in their working conditions,
and for a political voice. Workers also organized themselves into trade unions, sin order to
put pressure on the employers (industrialists) for better pay and conditions.

Tensions associated with lower(working) class; The Master and Servant laws of 1823
provided for the imprisonment of any worker who broke his/her employment contract by
going on strike. Combination acts and other associated acts were also detrimental to the
interest of the workers and were .advantageous for the employers. Now and then also
unemployment was major problem, so the workers had little or no bargaining power and
have to accept the terms and conditions laid by the employer.

LAW AND SOCIETY: CONSENSUS OR CONFLICT? Law may be regarded as a

mechanism of social control, regulating activities and interests in the name of the
community, a ruling class or the state. The state may be defined as either a „neutral arbitrator‟
or „interested party‟ and the balancing of interests. Law may be seen as an institution for the
furtherance and protection of the welfare of everyone, on the contrary it (law) can also be
viewed as an instrument of repression wielded (command or to rule) by the dominant groups
in the society. Some sociologists agree with the former view point and some other with the
latter.

Talcott Parsons: He had a „consensus‟ view of society, according to him a „system‟

comprises of actions and institutions, each functioning to maintain social stability and order.
His theory focuses on examining those elements within society which tend towards the

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maintenance of the society. Criticisms to Talcott‟s view regarding society: His theory does
not take into account those elements of the society which tend towards social conflict and
such elements are considered for any theory of social order. Pluralist or Conflict view:

The pluralist view, in its „pure‟ form, accepts the existence of conflicting groups and
interests, but maintains that the constant interaction and negotiation between conflicting
groups, all of which are assumed to havemore or less equal bargaining-power, helps maintain
social stability and equilibrium. The role of the Law and the state is portrayed as „neutral
arbiter‟, or „honest broker‟ ;taking no sides in these conflict situations, but providing the
machinery of conflict-settlement either through law or through political debate and policy-
making by government.

Criticism to the Pluralist view: Multitude (a large number of people) of interest-groups in a

society do not possess equal power, in either political, legal or economic terms, as some
groups have power to influence law-making and the implementation of those laws, which
others do not have.

Liberal-democratic view: The view states that the acceptance of social conflict
manifestations (obvious to the understanding of an individual) are played out within
boundaries of socially accepted norms in terms of official legal and governmental authority
whose concerns are the resolution of such conflicts. For say, White presented a model which
he calls an open model, whereby conflicts and consensus are taken into account. The model
says that conflict is expected to continue in different forms between interest groups but it is
assumed that these conflicts can be resolved through a legitimate process. There will be basic
agreement that conflict-resolution can be achieved within framework of negotiation,
arbitration, judicial decision and electoral battle, backed up by strike but without resort to
revolution.

Factors of Social change

Biological 1. Demographic factors – Population plays an important role in society it there is

change in the composition of pop there is change in society by composition we mean the
structure i.e. sex ratio. For balance in society the sex ratio should be 1:1 and if there is
change in the ratio there is change in society if there are more females than the status &

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position goes down (because in Polygene more wives & the hubby now their status goes
down). In the other case the females position rises. The bride –price increases (in the tribunal
society). Age group – childhood, adulthood, old age. If the population of children is most
then increase of population will be slower. If adults more than there will be rapid change in
society cause they are the most regulative. In case of old more there is conflict in society they
don't wish for change. Marital status in production of children. If girls are married young
there will be over population & he health is also in danger. Status of women becomes lower.
And if at too late a stage – a girl is married fertility is less. Changes in demography – Birth
rate & Death rate.

Unemployment & such problems arose these affected cottage industries. b. Urbanization –
changed job opportunities. Transport gave rise is social contacts. Communication gives rise
to greater awareness & is beans of recreation too. Atomic Energy & change

Cultural Factors Write about concept of cultural tag by w.f Ougbourn book – social change
brings change. He says material & non – material change. Usually non-material can't cope up
with material changed & gives rise to cultural lag. Change in values ideas & custom's
changes society (Habits). In handbook of Sociology, he said if may so happen that material
behind education, unization etc., too brings change in marriage system etc. Marxian theory of
social change i.e. Technological Deterministic theory. On interpretative theory – change
according to him is inevitable & a continuous process. He has given more important to the
economical factors.

Change is a process. Change denotes any alternation, difference or modification that takes
place in a situation or in any object through time. It is the universal law of nature. It refers to
the difference that exists between the past and the present situation. Change is an “on-going”
process, No society remains completely static.

Characteristics:

Change is Social: Social change means a change in the system of social relationship. Social
relationship is understood in terms of social process, social interactions and social
organizations. So in any variation of social process, social interactions and social
organizations social change-takes place. In an another instance it is found that society is like

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an organization, which never dies. New civilizations and societies come up by replacing old
societies and thereby retaining some of its elements in its change.

Universal: Social change is universal. Because it is present in all societies and at all times.
No society remains completely static. The society may be primitive or modern, rural or
urban, simple or complex, agrarian or industrial, it is constantly undergoing change. The rate
or the degree of change may vary from society to society from time to time but every society
keeps on changing. A changeless society is an unreality.

(3) Continuous: Social change is a continuous process but not an intermittent process.
Because the changes are neither stopped nor the societies are kept in museum to save them
from change. It is an on-going process without any break. In the process of change every
society grows and decays, where it finds renewal and accommodates itself to various
changing conditions. The sources, direction, rate and forms of change may vary time to time
but it is always continuous.

(4) Inevitable: Change is inevitable. It is the human nature that desires change and also it is
his tendency to bring change and to oppose or accept change. Human wants are unlimited
which always keep on changing. To satisfy these wants social change has become a necessity
not only to him but also to the society.

(5) Temporal: Social change is temporal. Change in anything or any object or in a situation
takes place through time. Time is the most important factor and social change denotes
timesequence. According to Maclver, “It is a becoming, not a being; a process, not a
product”. Innovation of new things, modification and renovations of the existing behaviour
take time.

(7) Social Change may be planned or unplanned:

Social change takes place sometimes with planning and sometimes without planning. Social
change which occurs in the natural course is called the unplanned change. The unplanned
changes are spontaneous, accidental or the product of sudden decision. Usually the change
resulting from natural calamities like flood; drought, famines, volcanic eruption, etc. are the
instances of unplanned changes. Here in this unplanned change there is no control on the

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degree and direction of social change. It is the inborn tendency of human beings that they
desire change. So sometimes plans, programmes and projects are made effective by them to
bring change in the society. This is called planned change. As it is consciously and
deliberately made, there is every possibility to have control on the speed and direction of
change. For example, the five years plan made by the government.

(8) Social change is multi-causal: A single factor may cause a particular change but it is
always associated with a number of factors. The physical, biological, demographical,
cultural, technological and many other factors interact to generate change. This is due to
mutual interdependence of social phenomenon.

(9) Social change creates chain-reactions: Social change produces not a single reaction but
chain-reactions as all the parts of the society are inter-related and interdependent. For
example, the economic independence of women has brought changes not only in their status
but also a series of changes in home, family relationship and marriages etc.

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Conclusion:

A systems perspective must acknowledge that social problems are interconnected rather than
isolated. People should be advocates for radical perspectives defensible on both
psychological and political grounds, in keeping with values such as dignity, autonomy,
equality, and justice. Law may be seen as an institution for the furtherance and protection of
the welfare of everyone, on the contrary it (law) can also be viewed as an instrument of
repression wielded (command or to rule) by the dominant groups in the society. Some
sociologists agree with the former view point and some other with the latter.

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Bibliography
.S.Durgalakshmi. (2015). LAW AS AN INSTRUMENT OF SOCIAL CHANGE AND FOR EMPOWERMENT OF
THE MASSES. INDIAN JOURNAL OF APPLIED RESEARCH, 5(12).

Anleu, S. L. (2000). Law and Social Change.

Mandelker, D. R. (1970). The Role of Law in Social Change. Osgoode Hall Law Journal, 8(2).

Rosen, L. (1978). Law and Social Change in the New Nations. Comparative Studies in Society and History,
20(1).

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