III: Law and Social Change

Students are asked to Read before tutorials

1. https://kashgar.com.au/blogs/history/the-practice-of-sati-widow-burning
Title: The practice of Sati (widow burning)

2. http://news.bbc.co.uk/2/hi/south_asia/5273336.stm
Title: India wife dies on husband's pyre
BBC News

Discussion on Sati

a. What do you think of the custom of Sati?

Sati (also called suttee) is the practice among some Hindu communities by which a recently widowed
woman either voluntarily or by use of force or coercion commits suicide as a result of her husband's
death. The best known form of sati is when a woman burns to death on her husband's funeral
pyre. However other forms of sati exist, including being buried alive with the husband's corpse and
drowning.

b. This custom was outlawed in 1829, yet it is still present in the 21 century. Why do you
think these laws have failed?

This law have failed simply because this practice is consider as a shamful practice
particularly by the burgeoning middle class, long outlawed and of interest only as a minor
hisotrical footnote. This law basically did not bring any benefit to the women itself by
burning themselves with some of their husabnd’s property, in stead can be considered as
killing oneself. Even if sati is considered to be the custom of anchestor indians, but I
strongly disagree by sacriying one life simply by burning themselves. Life should only be
the last breath by the creature of God and not simply because we wish to burn ourselves
after the husbands dead.
c What other methods can/should the law use to obtain the desired end?
General Discussion

a. The new Prime Minister would like to pass several laws that he feels strongly will curb a
large number of social ills in Malaysia. These are –
(1) A law making it mandatory for all men, upon reaching the age of 21, to marry.
(2) A law making it mandatory for equal opportunities in employment.

(3) A law eliminating the use of single use plastic forks, spoons and containers,
immediately.

There are no exceptions of these laws, and a breach of any of these laws will incur a
serious penalty.

He seeks your advice. As the Prime Minister’s trusted legal advisor, how would you
advise him on this matter?
Discuss:

(i) Can law be used as a means of social change?

[Please support your arguments with examples]
Change basically refers to something that exists now but did not previously exist or the absence or
demise of something that previously exist . It refers to something that large numbers of people in
society are doing now, that was different from those that their parents previously did. Law will
definitely makes the change in the circumstances of the society but at the same time depends on what
kind of change does the government make.
 Using law focusing exclusively as a means of social vision creates tunnel vision resulting in
failure to view perspectives fully
 Other contributory factors
 Ex eradication of poverty
 Laws on its own fails to recognise the role of morality and culture values = only successful if it
it aligned with it
 Ex Sati -
-
(ii) Are there any benefits to using law as a means of social change?

Yes there are benefits as law and society are inter related factors that influence each other.
Law can be utilised to alter and change aspect of society.
(iii) Advise the Prime Minister, can these new laws be introduced into our modern Malaysian
society? and why? Consider also if social change be brought about via other methods?

My answer would rather be It depends because it doest mean that this change would
altimately make a huge difference in society. Even this laws come into account in
future , the behaviour and attitude of one depends on how are they going to show.
Even one among the society can give a big impact to our country.. so it depends
…this mandatory law is a good change that government would basically do but the
changes among the community is bacially depends on how the law influence those
people…law can be utilised to alter and change the aspect of law.