Unit- III Sociology in Context 

i. Law and Society: Intersection, Interrelationship and Interaction – Concept of Law,

Sources of Law, Law and Social Control, Law and Social Change.
ii. Everything in Its Path: Destruction of Community Life in Buffalo Creek 

CONCEPT OF LAW
Th e term ‘law’ has been variously defi ned by writers. According to Sumner ‘laws are
actually codifi ed mores’. Kant defi ned law as ‘a formula which expresses the necessity of an
action.’ Krabbe defi nes law as ‘the expression of one of the many judgements of value which
we human beings make, by virtue of our disposition and nature’. According to Green, ‘law is
a more or less systematic body of generalized rules balanced between the fi ction of
performance and the fact of change, governing specifi cally defi ned relationship and
situations, and employing force or the threat of force in defi ned and limited ways’.
According to Duguit, laws are ‘the rules of conduct which normal men know they must
observe in order to preserve and promote the benefi ts derived from life in society.’ Another
sociologist writes, ‘Law is the standard of conduct, which, in consequence of the inner
impulse which urges men toward a reasonable form of life emanates from the whole, and is
forced upon the individual. It is distinguished from morals, customs, and, religion as soon as
the point is reached at which compulsory standards are separated from those demands that
involve merely social amenity’. According to MacIver and Page, ‘law is the body of rules
which are recognised, interpreted and applied to particular situations by the courts of the
State.’ B. N. Cardozo writes, ‘Law is a principle or rule of conduct so established as to justify
a prediction with reasonable certainty that it will be enforced by the courts if its authority is
challenged’. According to Max Weber, law ‘is an order, the validity of which is guaranteed
by the probability that deviation will be met by physical or pyschic sanction by a staff
specially empowered to carry out this sanction’. Hertzler comments, ‘Law in eff ect
structures the power (SUPERORDINATE SUBORDINATE) relationship in society; it
maintains the status quo and protects the various strata against each other, both in
governmental and non-governmental organisations and relationship’. According to Roscoe
Pound, ‘law is an authoritative canon of value laid down by the force of politically organised
society’. Austin defi ned law as ‘the command given by a superior to an inferior’. He says,
‘Laws properly so called are a species of command. But, being a command, every law
properly so called fl ows from a determinate source or emanates from a determinate author’.

CHARACTERISTICS OF LAW
1. Laws are the general conditions of human activity, prescribed by the state for its members.

2. Law is law only if enacted by a proper law-making authority. It is a product of conscious

thought, planning, and deliberate formulation.

3. Law is defi nite, clear, and precise.

4. Law applies equally to all without exception in identical circumstances.

5. Th e violation of law is followed by penalties determined by the authority of the state.

SOURCES OF LAW

1. Custom: these are believed to be one of the most important sources of law. In
earlier times people used to follow certain customs which were accepted by all
and which served as a fair, equal and just to all individuals. Different social
institution borrowed these customs. Who went against the will of custom would
face punishment. Later these customs took a new turn and formulated as an
organized political institution having converted all the customs into law. People
started to believe these customs are best for them, therefore, they are believed
to be the best source of law.
2. Religion and Morality: when we talk about religion and morality. Each
religion has its own set of rules and regulation which helps people be a good
human. In past when there was no organized institution of law so the religion
played its role. Religion was followed and whoever violated it suffered
punishment according to their religion. People had in mind that if they did
anything wrong God will punish them and put them in hellfire and if they did
well they will enjoy in heaven. But with the improvement and human
civilization people started to put aside religion and began to go freely.
Therefore some religious rules turned into properly organized law.Few State
took few rules and regulations and put them as the rule which should be
followed by all. Rules of morality and religion acted as source material to the
state to formulate the law.

3. Legislation: In older days customs or rulers acted as the main source of

lawmaking. But the later government took place and in government, we have a
body which is said to legislation which now acts as a main source of law.
Legislation converts all customs to guide people’s behavior. Every state has its
own legislative body which serves as a source and got the identity of the Legal
sovereign from ruler to the legislation.

4. Delegated Legislation: due to less time, fewer people with professional skills

and quick need of laws to exercise the state gave rise to the delegation of
 legislation. The state got an emergency to make laws as quickly as possible as it
cannot rely on one specific legislation. So the power to make law was divided
into different executives for easy, fast and smooth lawmaking process. Now it
serves as a giant source of law.

5. Judicial Decisions: the judicial decision means the decision made by the court
in accordance to looking after the cases and interprets which law should be
applied where. There are certain situations when judicial decisions also become
laws for future and that is why have to be considered as a source of law.
Decisions made my main courts which are recognized as apex court can only be
used as proper law.

6. Equity: this basically means acting fairly and serving justice to all. In some
exceptional cases, not all laws are suitable. So the judge as to use his
intelligence and act with keeping in mind d what is fair for whom. Equity
serves as a painkiller to those who are suffering and might be in future gain
popularity and formulate laws on the basis of equity.

7. Scientific commentaries: many jurists use scientific commentaries to make

some laws better or we can say to develop and evolve laws jurist need these
scientific commentaries. Jurist points out problems and strengths of the law and
help this law to become stronger. The opinion given by this jurist is then used
as a reference to make a decision on certain cases.

LAW AND SOCIAL CONTROL

A broad definition of social control is ‘all of the formal and informal mechanisms and
internal and external controls that operate to produce conformity’.

Social control is the opposite of deviance. Sociologists of deviance ask ‘why do people break
social norms and values’? Social control theorists ask ‘why do people conform to social
norms and values’?

The concept is often traced back to the seventeenth century Philosopher Thomas Hobbes who
argued that in a society of self-interested individuals a great power (the State) was needed to
prevent things deteriorating into a war of all against all.

Individuals agreed to give up some of their individual freedoms by promising to obey the
laws of the State, and in return the State promised to protect individuals.

[more on social control: https://revisesociology.com/2020/03/18/what-is-social-control/ ]

Law is the most important formal means of social control. Early societies depended upon
informal means of social control but when societies grew in size and complexity they were
compelled to formulate rules and regulations which define the required types of behavior and
specify the penalties to be imposed upon those who violate them. Law is a body of rules
enacted by legally authorized bodies and enforced by authorized agencies. It defines clearly
rights, duties as well as the punishments for their violation. The modern societies are large in
size. Their structure is complex consisting of a number of groups, organizations, institu-tions
and vested interests. Informal means of social control are no longer sufficient to main-tain
social order and harmony.

In modern society relationships are of secondary nature. Security of life and property as well
as the systematic ordering of relationships make formalization of rules necessary. Law pre-
scribes uniform norms and penalties throughout a social system.What were in mores and
customs earlier has now been formalized into a body of law. Law prohibits certain actions for
example anti-touchability act prohibits untouchability in any form and a person practis-ing
untouchability is liable to punishment. Prohibition act forbids drinking at public places. In
this way law exercises a powerful influence upon the behavior of people in modern socie-ties.

Th e main reason for the growth of law into the voluminous codes of is the failure of customs
to impose social control in view of the changing complexities of modem society. In the
primitive society, custom well served to regulate the conduct of life, but in modern urban-
industrial societies customs have become blurred and are being challenged by newly
emerging loyalties and interests. Th e custom becomes a guideline to conduct and set limits
where people are motivated not so much within family and territorial community as by shared
interests within secondary group associations. Today, law takes a very large part in total
social control. Th ere are several reasons for it. Firstly, customs lack an agency of
authoritative jurisdiction due to which the interests of the community do not remain fully
secure. Law with special agency of enforcement is required if interests are to be pursued in
peace. Secondly, it is a shortcoming of custom that it cannot adopt itself readily to changing
conditions. To meet the social necessities and for quick adoption to social changes, a code
which can be immediately enacted and made expressly to meet the new situation is required.
Th irdly, since there are diff erent customs of diff erent groups, to have a single and uniform
code of behaviour is desirable. Th e need for a uniform civil code is now being felt in India,
though the issue is being looked at from a political angle by diff erent political parties. On
account of the above defi ciencies of custom as regulator of social conduct, law has grown up
to meet the challenges created by industrialization, urbanization, decay of family life, new
political situation, new economic conditions, growth of consciousness caused by spread of
education, and other various agencies of media.

LAW AND SOCIAL CHANGE

Law is the reflection of the will and wish of the society. It is said that if you want to study
any society, you have to study the laws enacted by that society and you come to know
whether the society is developed or wild world. The law, though it is the product of the
society is responsible for the social \transformations. In fact, there are two modes of this
aspect. First is, “Law changing the society”, which means that the law of the land compels
the society to be changed according to it. And secondly is. “Society changes the law”, as per
its needs. It needs. It means law is made by the society according to its requirement by its
democratic institution i.e. Legislative or by adopting custom and usage. When law changes
the society it is the sign of beginning of the development of the society. When society
changes law it is the sign of maturity of the society. We can cite the enthusiasm of the people
in the matter of ‘Nirbhaya’ where the commonest of the common was talking on how the law
must be, what must be the punishment etc. here this compelled the government to consider
the sentiments of the society and set up a commission to give suggestions and untimely the
criminal law amendment bill came into existence. The change required in the society can be
initiated by a single person also and this has been proved in India right from Raja Ram
Mohan Roy; to Mahatma Phule, Mahatma Baseswar, and Mahatma Gandhi up to Anna
Hazare! Thus the demand takes root and shakes up the government to either reform the
existing laws or make new or even delete the existing unworthy laws.

For this we will have to cite examples for the history of India. When mahatma Phule’s wife
SavitribaiPhule actually started teaching in a school aimed only for girls it was considered
taboo, something not good and would be affecting the society but this movement gradually
became the source of law where the girls could actually study and develop. Gradually the
then society thought reluctantly adopted this fact and started to send girls to school this is
positive sign of beginning of the development of the society. Ultimately the girls got into
colleges also. This was not only limited to the Hindu society, finally the Aligarh Muslim
college also had some seats for female students studying. But no dough the lamp was lighted
by the phule couple. This is the ‘Society changes the law’, But per its need, rather demands.
Whereas the law play important role in changing the society too!

iii. Everything in Its Path: Destruction of Community Life in Buffalo Creek: book
by Erikson

TRAUMA
Types of trauma

 Individual trauma: face of death, numbness, survivor’s guilt

 Collective trauma

Features of Personal Trauma:

 On being numbed: Experience of trauma. eg. Loss of energy, the feeling of paralysis
of muscles, blank mind, Want to run away but can’t, want to speak but no sound
comes out, refusal of body-mind coordination.
 Faces of death: escaping from jaws of death, loss of own people, close save, close
experience with death. Eg. Saved from drowningat end moment, surving a bomb
blast.
 Survivor’s guilt: Initially, euphoria of surviving and staying alive. At a deeper level,
guilt: am I responsible for other people’s death? Could I have saved them? Was I the
cause of death and destruction. Sense of guilt creeps into you.
 The furniture of self: creation of a bubble, relating to identity, associating things with
people, people think objects are extension of self because of intimacy. Items very
significant personally. Eg. A person’s bedroom, personal items of person.
 Loss of faith in order: order and disorder, loss of confidence in social order, loss of
confidence in the working of natural order. The betrayal of nature.

Collective trauma

 Morale and morality:

 Disorientation
 Loss of connection
 Identy and illness
 Illusion of safety