NATIONAL LAW UNIVERSITY, NAGPUR

B.A.LL.B. (HONS. IN ADJUDICATION AND JUSTICING )

PROGRAMME

SEMESTER – II

ACADEMIC YEAR 2022-23

2.3 LAW AND SOCIETY

Compiled by
Dr. Rengasamy Stalin, Assistant Professor of Sociology

Course Instructor
Dr. Rengasamy Stalin, Assistant Professor of Sociology

(Strictly for Private Circulation)

 Law and Society

Semester III January - April 2023

Course Name Law and Society
Course code 2.3
Course credits 3
Maximum marks 100
Teaching hours 48
Tutorials 10-20
Project and Presentation 20
Medium of Instruction English

Course Objective
The core objective of this course is to give a clear and in-depth understanding towards Law
and Society. The course articulates the relationship between Law and Society as well as it
explains how law emerges as a social phenomenon. The course is designed primarily to
familiarize students about the approaches in particular to Law and Society. The course
touches upon European/South Asian and Indian methods of thinking on Law and Society.
However, in drawing a comparison, the students are expected to comprehensively understand
all the systems. Through this course the student will be able to:
➢ understand the rich diversity within and between societies and related laws;
➢ understands the relationship between law and society from different perspectives;
➢ acquire the knowledge of historical and theoretical development of Law and Society;
➢ acquire the knowledge of Law-making process in the society; and
➢ identify the relationship between law, social control, and social change.

Module Description

Module one provides the basic understanding on the subject law and society in general and
about the perspectives and approaches towards law and society in particular. Students will
deeply understand the emergence of the concepts of law and society, culture and its
components for the functions. Students will also get the knowledge of the emergence of
various approaches and perspectives such as the functionalist approach, conflict and marxist
approaches, the critical legal studies approach, feminist legal approach and critical race
approach.

Module two explores the theoretical perspectives of law and society in detail. Starting from
the European pioneers to contemporary and modern legal theorists. This module explains the
progress, development of sociology of law theories. The theoretical perspectives will be
discussed from multiple dimensions to reflect upon the socio-historical transformations and
production of the contemporary.

Module three deals with the law-making process in the society including perspectives on
law-making, legislation and administrative law-making, judicial law-making, influences on
law-making and sources of impetus for law-making in the society, which will help students to
understand the major institutions and its functions in law making.

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The prime objective of the module four is to introduce students about the relationship
between law, social control, and social change. Moreover, this module will facilitate students
to advantages of law in creating social change. This will help them to understand the nature
of law as an embedded entity in the social context.

Teaching Methodology
For teaching methodology, initially it starts with the online/virtual classroom and if possible
in later stage continues with traditional classroom-based lecture method other method of
teaching, such as group discussions, debate and presentation by students are included as
teaching methods. The students are informed in advance the topic for discussion and the topic
of the project / assignment they have to prepare. The students prepare their topics from the
sources suggested to them. The students are also encouraged to do independent research on
their respective assignments. They are motivated to explore current legal issues from the
sociological perspective. Discussions and assignments on contemporary legal issues will
provide opportunities to draw connections between sociological theories and current social
events.
Along with textbooks, we have handpicked a broad range of articles, book chapters, and
opinion pieces for students to read during the semester. From time to time, use of movie
fragments, as well as brief contemporary videos will be done for better learning.

Course Evaluation
The course is assessed for 100 marks in total. The final grade will be based on students’
performance on the mid-semester (20 marks for seventy-five minutes) and end-semester (40
marks for two hours) open book and application-based exams. 25 marks are allotted for
projects (20 for written and 5 for presentation) and 15 for Review of Literature.

Course Outcome
The course aims to expose students to both textual and field view of Indian society and law
and thereby help them to build social context for legal studies. Through this course, the
students will
• get basic understanding of the society, its components, and institutions.
• internalize the critical understanding of social context in which law formulation and
implementation is embedded.
• facilitate understanding the relationship between social control, social changes, and
development, which will form their basic understanding of the social issues and
concerns they are going to explore in various law courses.
• get the ideological apparatus, and intellectual understanding of the law and society.

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 COURSE CONTENTS

MODULE 1 – AN INTRODUCTION TO LAW AND SOCIETY

(Teaching Hours 15)
1.1: Overview of Law and Society, Definitions of Law, Types of Law, Major Legal Systems,
Romano-Germanic System (Civil Law System), Common Law System, Socialist Legal
System, Islamic Legal System
1.2: Evolution of Legal Systems - Traditional Legal Systems, Transitional Legal Systems,
and Modern Legal Systems.
1.3: Functions of the Legal System, Dysfunctions of the Legal System, Law and Morality,
and Classifications of Legal Rules.
1.4: Paradigms of Society – Consensus Paradigm and Conflict Paradigm, The Role of the
Social Scientist and Rule of Law
1.5: Approaches to Law and Society – The Functionalist Approach, Conflict and Marxist
Approaches, The Critical Legal Studies Approach, Feminist Legal Approach and Critical
Race Approach.

Compulsory readings
➢ Sarat, A., & Ewick, P. (2015). The Handbook of Law and Society (1st ed.). West
Sussex: John Wiley and Sons, Inc.
➢ Galanter, M., & Dhavan, R. (1997). Law and society in modern India. Delhi: Oxford
University Press, Delhi.
➢ Ehrlich, E. (2017). Fundamental principles of the sociology of law. Routledge.

MODULE 2 – THEORETICAL PERSPECTIVES OF LAW AND SOCIETY

(Teaching Hours 18)
2.1: The European Pioneers – Baron de Montesquieu, Herbert Spencer, and Sir Henry
Sumner Maine.
2.2: Classical Sociological Theorists – Karl Marx, Max Weber, and Émile Durkheim.
2.3: Socio-Legal Theorists – Roscoe Pound, Benjamin Nathan Cardozo, Albert Venn Dicey,
and Edward Adamson Hoebel,
2.4: Legal Realism – Oliver Wendell Holmes, Karl Llewellyn, Jerome Frank, and Max
Gluckman.
2.5: Modern Legal Theorists – John Rawls, Richard Posner, Laura Nader, Donald Black, and
Edward Levi.

Compulsory readings
➢ Ehrlich, E. (2017). Fundamental principles of the sociology of law. Routledge.
➢ Deflem, M. (2010). Sociology of law. Cambridge University Press.
➢ Gurvitgh, G. (1947). Sociology of law (1st ed.). Kecun Paul, Trench, Trubner & Co.,
Ltd.

MODULE 3 – LAWMAKING IN SOCIETY

(Teaching Hours 15)
3.1: Perspectives on Law-making – The Rationalistic Model, The Functionalist View, The
Conflict Perspective, and Moral Entrepreneur Theory

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3.2: Legislation and Administrative Law-making – Legislation and Social Issues, Pre-law-
making Activities, Administrative Rulemaking, and Administrative Adjudication.
3.3: Judicial Law-making – Law-making by Precedents, Law-making by Interpretation of
Statutes, and The Interpretation of Constitutions
3.4: Influences on Law-making - Interest Groups, Public Opinion, Law-making and Social
Sciences
3.5: Sources of Impetus for Law - Detached Scholarly Diagnosis, Non-academic Writing,
Protest Activities and Social Movements, Public-Interest Groups, and The Mass Media.

Compulsory readings
➢ White, N. (2016). Lawmaking. Oxford: Oxford University Press.
➢ Cotterrell, R. (2012). The sociology of law. Butterworths.
➢ Ehrlich, E. (2017). Fundamental principles of the sociology of law. Routledge.

MODULE 4 – LAW AND ITS RELATIONSHIP WITH SOCIAL CONTROL AND

SOCIAL CHANGE
(Teaching Hours 12)
4.1: Social Control - Mechanisms of Social Control (Positive sanctions and Negative
sanctions), and Informal Social Control (Folkways and Mores)
4.2: Formal Social Control – Criminal Law, Victimless Crimes, White-Collar Crimes, Civil
Commitment, Administrative Law, Tort Law, and Contract Law.
4.3: Controlling Dissent – Individual Rights versus Law and Order, Civil Disobedience,
Freedoms of Speech, Association, and Press. Administrative Law and Social Control –
Licensing, Inspection, and Threat of Publicity
4.4: Social Change and Law - Nature of Social Change and Law, Law as an Instrument of
Social Change, Courts as Mechanism for Social Change, Magnitude of Court Decisions,
Legitimacy of Law to Create Social Change, Public Opinion.
4.5: Advantages of Law in Creating Social Change, Limitations of Law to Create Social
Change; Impact of Social Change on Law – Social Movements.

Compulsory readings
➢ Landheer, B. (1966). On the sociology of international law and international society.
The Hague: Nijhoff.
➢ Sarat, A., & Ewick, P. (2015). The Handbook of Law and Society (1st ed.). West
Sussex: John Wiley and Sons, Inc.
➢ Ehrlich, E. (2017). Fundamental principles of the sociology of law. Routledge.

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SUGGESTED READINGS
1. Aarnio. Aulis: Philosophical Perspectives in Jurisprudence. Acta Philosophica
Fennica.
2. Bhatia, K.L. (1994). Law and Social Change Towards 21st Century, New Delhi,
3. Beckford, James, A. and Demerath III N. J. (eds.) (2007).The sage handbook of the
sociology of religion. New Delhi: Sage Publications
4. Bose, N.K. (1967). Culture and Society in India. Bombay: Asia Publishing House.
5. Dhanagare, D.N (1999). Themes and Perspectives in Indian Sociology, Rawat
Publications
6. Das, V., (2004). “Social Sciences and The Publics”, in Veena Das (ed.), Handbook of
Indian Sociology. Delhi: Oxford University Press, pp.19-40.
7. Deep and Deep, Baxi, Upendra (eds.) (1988). Law and Poverty––Critical Essays.
Bombay: N.M. Tripathi Pvt. Ltd.
8. DubeS.C. (1990).Society in India. New Delhi: National Book Trust
9. Dube, M.P. and Neeta Bora (eds.) (1999).Social Justice and Women in India. Delhi:
Swaraj Prakashan.
10. D’Souza, Leela (2005).The sociology of religion: A historical review. Jaipur: Rawat
Publishers
11. Dumont, L. (1964). Nationalism and communalism. Contributions to Indian
sociology, 7, 30-70.
12. Gandhi, J. S. (1982). Lawyers and touts: a study in the sociology of legal profession.
Hindustan Pub. Corp.
13. Guha R., (1998). A Subaltern Studies Reader, Oxford University Press, New Delhi.
14. Hoogvelt, Ankie (1978).The sociology of development. London: Macmillan
15. Jayaram, N. (2005).On Civil Society-Issues and Perspectives. New Delhi: Sage
Publications,
16. Lannoy,Richard, (1971).The Speaking Tree: A Study of Indian Society and Culture
(Delhi: Oxford University Press)
17. Ludden (2000), Critique of Subaltern Studies, Oxford University Press, New Delhi.
18. Marc Galanter(1968–69). The Study of the Indian Legal Profession, LAW &SOC’Y
REV. 201, 202
19. Madan, T.N. (1995).Pathways: Approaches to the study of society in India. New
Delhi: Oxford University Press.
20. Mandelbaum, D.G.(1992) Society in India; Volume I and Volume II; Popular
Prakashan, Mumbai;
21. McClean, J. D. (1975). The legal context of social work. Butterworths.

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 22. Mukherjee, Ramkrishna (1979).Sociology of Indian sociology. New Delhi: Allied.
23. Nagla K. B. (2008).Indian Sociological Thought. Rawat Publication.
24. Paranjpe, Shrikant, Dixit, Raja and Das, C.R. (ed.), (1997). Western India: History,
Society and Culture, Itihas Shikshak Mahamandal, Maharashtra, Pune,
25. Pathak, S. (1981). Social Welfare: An Evolutionary and Development Perspective,
Delhi: McMillan,
26. R.S. Khane, (1972). “Indigenous Culture and Lawyers’ Law in India”,Comparative
Study in SocietyAndHistory,vol. 14, no. 1
27. Shams Shamsuddin. (1991).Women, Law and Social Change, New Delhi, Ashish
Publishing House,
28. Sinha, Jai B.P. (1990).Work culture in the Indian context. New Delhi: Sage.
29. Sugata Bose and Ayesha Jalal, (1997). Nationalism, Democracy and Development:
State and Politics in India,Oxford University Press, Delhi.
30. Touraine, Alain (2004). ‘On the frontier of social movements’Current Sociology, July
Vol. 52(4): 717-725.
31. Uberoi, Patricia, Sunder, Nandini, and Deshpande, Satish (2007).Anthropology in the
East: Founders of Indian sociology and anthropology, Delhi: Permanent Black,
32. Veena Das (1995) Communities as Political Actors: The Question ofCultural Rights
in Critical Events: An Anthropological Perspective onContemporary India OUP, New
Delhi pp 84-117

JOURNALS
Much of the best and most useful reading on questions raised in the course is published in
academic journals. The list that follows gives details of the most important journals:
Contribution to Indian sociology
Sociological bulletin
Journal of Development Studies
Economic and Political Weekly
Journal of Law and Society
International Journal of the Sociology of Law
Sociology of Law review