Butir William Evan

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LAT( AND SOq.

lL CHr'NCE

221

dcsigncd to accolrrrnoda(e efjrrdicial revieW-Thcir legal structures arc ;:ot thesc Pattcrns.'."'

The Efficacyof Law as an Insirumet,t of SocialChange


As an instrument of social changc, larv entails two interrelated Propattcrns.of behavior' ccsses:thc institutionalization and internalization of of a pattern of Lehavior refers to t5e establishment of instit,rtio'alization rvith provisiot t of its enforccment (such as desegrcgatiol of public behavior rneans the incorpora"'""rschools), and internalization of a pattern of in a larv (for cxamplc, intcgrated-public iion of ltt. value or values implicii bchavior directly onl,v ,.ir""rr .." "good"). Evan noies: "Latr' ... can affect of institutionaliz:tion; if, horveveq the institutionaliza' itrro,rgt the irocess is successfut, iq in turn, facilitates the intcrnalization of atti' iion p"-.*s tuici or beliefs" (1965:287)' reinforccOftcn larv is an cffcctive mechanisnr irl thc promotion or social change. Horr,cvcr, thc cxtcnt to rvirich larv cap provide an ment ;f be successfuTTo intlutc cliEngclT it rlcels tltc to
thc las' must itl

pres' .ii..ti"" impctus fu,lociat changevariesaccordltg !o.!h:^tg.nditions Et'l' tI965:288-2?l)':u ;;;;i; . p"ti.i.uttt situation.lv*q*,u'
a larr,is iikell.to
scven concllt

s sourcc:
ndabte an

effecq (4) --ni.tt th! poputation ide;tifies and rthere the larv is already in 'nust be aimcd torr'ard making the change in a of :.he lart' tt,....fot..ment very ,.i"ai.:.iy short time; (5) those enfot'cin-g. the larv must themsehies bc to the change intendedby the law; (6) thc implemcnta'"iorr *uct committcd i"w stroutd include poiiti.'. as rvell as negative sanctions; and (7) tlte ;i;-. sanc' eniorcement of the larv should be reasonable. nOt only in terms of the the proreci.ion of tire rights of those who stand to ii,orr, .r..d, but also in lose by violation of the lan'of social change, lan' has both advantages and limitations.i. in "r, "g.rr, The efficacyif I.n,, that.is, its aUitity to produce change,_is determined In a pluralistic democratic society-yhe1e .lrrg. partiy public acceptance. peoile^t..,d io U.tong to mary groups and publics-change through the i..ui, typicaity met b/a r,ariety of reactions; s*nte are opposed' some are favorabil, buimost aJe indiffeient or onl)' mildly hostile. If the majorityof leaders are behind the change, thc opposition remains a minority ;pht;; *ort of the peoplg gradually aciommodaie themselves to the change "ld -Til.m.".y (Rose and Rose, 1969:537). of larv as an instrument of social change is conditioned by a number of factors. One is the amount of information available about a siven piece of legislation, deci.ion, or ruling. when there is insufficient about these mattirs, the law will not produce trinsmiision o'f i.rfir*ation

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