Topic : law and social change : The role of law in shaping societal norms

By- Tamanna Sadhwani

Introduction

Through this research paper I will try to share my opinion on how law has affected social
change, what is the relationship between law and social change. Before answering any further
questions we need to look into the most basic concepts what is law, what is social change.
How we can do a comparative study and how we find there impact on each other. For this we
will start with the definition of law and social change and unfold and answer the question in
this research paper further.

Objectives of the study

To study how law and social change are inter related.

What is the impact of law on social change and effect of social change on law.

How does law help in shaping and developing societal norms.

Understanding the sociological school of jurisprudence and why it is most relevant school of
law.

What is law?

The most basic definition of law is the system of rules which a particular country or
community recognizes as regulating the actions of its members and which it may enforce by
the imposition of penalties. Then recognizing the key element in this definition : system of
rules, recognized by a particular country or community, regulating the actions and enforce by
imposition of penalties. Here, we are talking about law in its abstract sense and not concrete
sense; therefore, the definition does not completely fit because it talks about the law in it’s
concrete sense, law recognized by a particular country or community or we can law
which is codified.

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John Austin (1790- 1859) defined law as set of rules set by a man as politically superior, or
sovereign to men, as political subjects.”

The main issue in giving one perfect definition of law is that everyone approach it in a
different way. A lawyer may define law as some rules which are written in the statutes and
may be the codified law of a particular legal system may be law for them. But on the other
hand a sociologist may approach law in a completely different perspective for them law
might be the uncodified or unwritten rules which govern the code of conduct of individuals in
a society. For a theologian law might be the word of god, or some moral principles which are
the basic human rights as per the holy scriptures on a particular religion. Similarly definition
of law may differ from person to person which might be because of their profession, their
personal thought of ideas or beliefs.

Jurist Herbert Lionel Adolphus Hart for this purpose did not define law. In his opinion
already a lot jurisprudential ink has been spilled in defining law. According to him, “nothing
consize enough to be recognized as definition has proven to be satisfactory”.

He pulled everyone’s attention towards 3 important issues:

1) How does law differs from or how is it related to orders backed by threats?

2) How does legal obligation differ from or relates to moral obligations?

3) What are rules and to what extent is law an affair of rules?1

Therefore, in my opinion there is no implied definition of law the most what can be
recognized as definition of law is set of rules which is used to provide justice. Basically, the
rules acted by the court of law.

What is social change?

Social change means nothing but change in the existing social structure of a society. Society
is a complex heterogeneous setting where people of different caste, class, creed, colour and
sex so habit. This social change might be because of several reasons like change in thinking
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pattern, development of society, change in laws. A society keeps on evolving and cannot be
static. Gainsberg. In the view of Gainsberg social change is defined as change in social
structure eg. the size of society, the composition or balance or its part or the types of its
organisation. Jones , “social change devotes variation in, or modification of, any aspect of
social process, social patterns, social interaction or social organisation.

The term “social change” is applied to history, politics, economics, and sociology. Also,
social change is a question of social work, political science, history, sociology, antropology
and in many other social sciences. Social change is formed by revolution, protest, politics,
communities, and by direct action” Elements of social change Physical or geographical
Biological Economic Cultural Psychological Technical Population.

Relationship between law and social change

Looking at the discussion about law and social change it is clear that law and social change
are not mutually exclusive. They both are dependent on each other.

Law is very dynamic in nature. It keeps on changing. When we look at it in a broader

perspective question arises why does law keep on changing?

Law keeps on changing because law is an instrument to maintain peace and harmony in
society and to bring about justice both distributive and corrective. As and when there is a
change in society there should be a change in law to keep it relevant and so that it is helpful.
Which basically suggests that law is dependent on social change. Social change brings about
a change in law also.

For example - In vishakha v.s. state of maharashtra the hon’ble supreme court gave vishakha
guidelines to protect females from sexual abuse at work places.

Earlier in indian society the females were not educated enough and were not allowed to work
but there was a social change and females started getting education and also working and
therefore, there was a need of law to protect these females who are working from sexual
abuses at work places.

Hence, the social change brought about a need for change in law.

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But when we look at it from other perspective it is also possible that social change might be
dependent on law. As and when a new law is implemented it brings about a social change.

For example - In navtej singh johar v.s. union of india the hon’ble supreme court ruled that
section 377 of indian penal code,1860 is invalid.

Section 377 of indian penal code,1860 - it bans the consensual sec between people of same
sex. It was argued that ir infringes the right to life which is a fundamental right guaranteed
under artcile 21 of the indian constitution to a certain section of people in society.

Hence, this judgement increased the acceptability of homosexuals in the indian society.

The two-fold objectives of law to serve is “judging, firstly, to keep up stability and afford
orderly life in the society. Secondly, persuade social change, i.e. transform itself according to
the needs of changing society. There is a two-way relationship between law and social change
namely.

1- When law changes because of change in societal norms

2- When social change got change in law.

Social norms

“Norms basically are the typical and usual standards which govern the code of conduct of
behavior of a person”.

Social norms are the general standards which govern the code of conduct or behavior of
people living in a society. Social norms are the unwritten rules that govern behavior within a
society or group. They dictate what is considered acceptable or unacceptable behavior in
various situations.

The co habitation of people in a society is made easier with the help of social norms. These
social norms generally consist of basic standards like everyone has to respect the dignity of
others. We can relate it with having certain moral obligations. But these moral obligations are
not of divine origin. The obligations we are discussing here are developed in the society by
the people themselves.

For example - it is not a rule that a couple cannot be in a live in relationship. But since many
decades people have followed this that a couple lives together only after they are married. So,

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if a couple is found to be in a live in relationship they have to face some level of social
exclusion. Because they have gone against a social norm.

Some social norms are made because a law is made in such a way to give it a direction. And
sometimes a law is made in order to support or maybe overturn a social norm.

Role of law in shaping societal norms

When law is concerned we can different schools to advocate there theories and hypothesis.

Natural school jurists advocates that law has been derived out of divine origin and can be
discorvered by human reason. They depend on morality. They believe that law in the greatest
gift of “zeus” god to humanity.

Whereas positivists believe that law is man made and is the command of sovereign which
bounds the people and whose disobeyance imposes sanctions.

Historical school thinkers believe that law is something which was developed by the customs
and traditions which have been followed for such a ling time that it has gained the force of
law.

All these schools completely ignore that the law has to function in a society and therefore
must have a social context. Reaction to these theories sociological school of law came in
existence. The jurist of this school takes into consideration the element of society. They think
that law must be made in a social context.

Laws effect social control, social change, legal plurality and legal consciousness. They
believe that law and society are in a close knitted relationship because laws are the basic
pillars which help keep a societal control.

Social control is very necessary as it helps to maintain peace in a heterogeneous society. Law
maintains this social control by the way of imposing sanctions on contrary behaviour.

A legal system might have legal plurality which means having more than one set of laws.
There are overlapping laws in different statutes.

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Legal consciouness means making or encating laws deliberately or intentionally to promote a
behaviour by way of imposing sanctions to its contrary behaviour. Legislations delegated
legislation, orders, ordinaces all these are a way of making deliberate laws for promotion
corrective behaviour.

The civil rights movement, environmental advocacy, and the struggle to promote the rights of
LGBTQ+ people have been aided by legal avenues to accomplish their objectives and foster
social change. In summary, law is a critical instrument in the creation and shaping of the
societal norm. It enables individuals to define acceptable conduct and settle disputes.
Similarly to justice and equality, the legal system aids those embracing social transformation.

For this jurist of sociological school of law gave certain theories to prove how law and
society cannot be separated. Sociology related to the study of society. The sociological
school of jurisprudence advocates that the law and society are inter related and inter
dependent on each other.

Society has a major impact on the law and therefore societal norms are to be kept in mind
while making a new law.

Some of the most applauded jurists of sociological school pf jurisprudence are:

1) montesquieu

2) Eugen ehrlichh

3) Roscoe pound

4) August comte

Some jurists advocates that the main reason why sociological school came in existence was
that the natural school, positive school and historical school do not consider society and
societal norms as a factor in the study law. Sociological school is therefore a product of
historical and positive school of law.

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How and why is society a part of study of law

Jurists of sociological school advocates that the law is made to maintain peace and harmony
in a society. Laws are made to keep a control in society. Even in order for people to follow
their moral obligations they must be backed by a law and sanction for people to follow it.

For example - a law has been made which compels people to give way to ambulance it was
not followed even though it is moral obligation for people to not put others life in danger.
Therefore, the laws are necessary for people to cohabit in a society. And hence society is a
part of study of law.

How does law helps in shaping societal norms

One of the most important functions of the law is setting norms guiding the society and
acceptable behavior, resolving conflicts, and ensuring justice and equity. It is not as important
how exactly the law works to influence norms, be it through direct legislation, court rulings,
or regulatory enforcement. The primary distinction is that the law influences how people
interact and what types of behavior society finds appropriate or otherwise. The law engenders
norms through the establishment of legal standards or causing norms to become more explicit
and regulated. For example, theft, battery, or fraud are not socially acceptable behaviors in
any community. Thus, the society makes these notions into law and signal such activities
are unacceptable.

Finally, the legal system includes mechanisms for dispute resolution and conflict resolution.
These are courts that interpret the law in practical cases, define what is based on the law that
is in given case, rights, and obligations, and what exact remedies are allowed in this situation.
Legal affairs are helping to shape societal consensus and dissensus by definition and
redefining legal terms and creating legal precedent in such a way . For example, the famous
court rulings on civil rights, gender discrimination, and surveillance have largely shaped
society’s role in it.

Apart from norms, implemented through the legislative and judicial branches, law
enforcement organizations address laws, and statutes, as well as, regulation. As a result, an
individual would be frightened to commit something that is clearly prohibited by law, as well
as, would be convinced to follow norms instead. Specialists who enforce laws also send a

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sociological message against criminal action that gives an individual fears to commit it. Thus,
police officers, prosecutors, and id est are primary agencies of social control.

Another example where law changed a societal norm is - earlier sati was practiced which
burning of female at the funeral of her husband. A law prevention of sati Act (1987) was
made to ban this and a sanction was imposed which stopped this practice. Although this
social practice did violate basic human rights but still it was practiced as it was being
followed for such a long time and basically gained a force of law or became a custom. It was
necessary to make a law which stops this it created a social change. It brought about a social
control.

Furthermore, the law acts as a type of tool to correct social wrongs and ensure that equality
prevails. Whether in the form of anti-discrimination legislation, human rights papers, or
constitutional protections, the system dictates that no one should be treated more unfairly
than anyone else or enjoy a certain advantage. By legally banning discrimination on the basis
of race, gender, nationality, language, religion, disability, and other factors, the system
confirms that these norms must remain societal. Additionally, legal devices such as
affirmative action projects and other filings promote these notions by addressing substantial
historic inequalities while enhancing the placard system. Furthermore, the law acts as a
mechanism for social transformation and reform whereby the law allows people to advocate
for change effectively.

In the case of shayara bano v.s. union of india the hon’ble supreme court ruled that instant
talaaq also known as talaaq-ul-biddat voilates the fundamental rights of muslim women and
henace is unconstitutional. It was commonly used practice in muslim community but it
violated the women’s right and this judgement brought about a societal reform and therefore,
changed the societal norms with the help of law in the form a judicial precedent.

The jurist school advocates the interdependence of law and society. According to them one
cannot make effective laws without looking at the needs and structure of the society.

Case laws which basically tells how a law can be helpful in making or shaping societal norms
and for creating some social changes

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Brown v. Board of Education 1954 2

In this case, the Supreme Court invalidated any state laws that created separate public
schools for white and black children and thus abolished the doctrine of “separate but equal”
established by Plessy v. Ferguson —the case plaintiff, Homer Adolph Plessy in 1896 . As a
result of this decision, the civil rights movement gained momentum, abolishing the de jure
segregation and laying the foundation for de facto integration across the country. This case
illustrates the ability of legal decisions to trigger public change by challenging discriminatory
policies and promoting fairness and equity.

Roe v. Wade , 1973: U.S. Supreme Court:

This case reflects the U.S. Supreme Court’s judgement that a woman has a constitutional
right to the abortion center, constituting a landmark acceptance of the paramount liberty of
human body control and privacy. Not only did this decision legalize abortion, but it also
opened up conversations on women’s rights and access to healthcare and reproductive
justice . In conclude, Roe v. Wade demonstrates the potential for legal engagement to
challenge repressive interpretations of the law, strengthen repressed people, and alter
social understandings.

Obergefell v. Hodges :

This case decided by the Supreme Court proclaimed marriage equality, allowing same-sex
couples to marry. It became a landmark case for the LGBTQ+ community, enabling not only
a more egalitarian understanding but also more tolerance and acceptance overall. The
Obergefell v. Hodges case points out that the law can transform implanted prejudgments,
protect individual human rights, and create unity across society through comprehensive and
inclusive legislative systems.

Navtej Singh Johar v. Union of India

Navtej Singh Johar v. Union of India was a game-changer in terms of LGBTQ+ rights and
dignity in India. In this case, the Supreme Court overruled the Indian penal code, 1860,

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section 377, which states that any voluntary sexual activities between homosexuals will be
regarded as a crime. In addition to affirming people’s right to love and live with equality
regardless of their sexual orientation, this decision hauled society’s negative views and
stigma against LGBTQ+ people. Homosexuals were finally incorporated into the mainstream
and granted external acceptance upon the completion of Navtej Singh Johar v. Union of
India, which was critical in India’s equality before the law for LGBTQ+ people.

Vishakha v. State of Rajasthan (1997)

In which the Indian Supreme court granted vishakha guidelines to safeguard the rights of
women against sexual harassment at work places after identifying it as a deprivation of
fundamental rights. Vishakha v. State of Rajasthan and V. states powers used law to disarm
sexual violence against women on the work premises in a profoundly unfair sophisticated
disadvantaged system. The judgment did not only established legal structures for ones
addressing sexual harassment on the work institution but has driven legislative initiatives and
empowered the assumed victims of this intimidation and inequality.

The Shah Bano case

was a pivotal point in the context of Muslim women’s rights and legal reforms in India. Shah
Bano, a Muslim woman, appealed for financial assistance under Section 125 of the Criminal
Procedure Code when her divorce from her husband was completed. The important part of
this case was a ruling of the Supreme Court, which provided Shah Bano with lifetime
maintenance, out of the iddat period allowed by Islamic law . The verdict of the court sparked
a national dialogue on Muslim women’s rights . Although the supporting legislative changes
belittled the scope of the judgment, the case was crucial as it prompted a discussion about
gender justice, religious personal laws, and the need for parity in legal rights between women
of all religious denominations.

M.C. Mehta v. Union of India 1986 :

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M.C. Mehta v. Union of India set the tone for environmental litigation in India. The Supreme
Court of India, while responding to the widespread Ganga river pollution, took governments
and industries to task. As a result, the court passed multiple orders to regulate the discharges
into the river and to mobilize the conservation and rejuvenation of the river. This case is a
pertinent example of how the judiciary could safeguard environmental rights and push
publicly awareness that could influence governments. M.C. Mehta v. Union of India is a
primary example of how judiciary orders could inspire everyone to take actions toward
environmental conservation and sustainable development.

Indra Sawhney v. Union of India 1992:

Popularly referred to as the Mandal Commission case, Indra Sawhney v. Union of India, is
one of the most important judgments in the struggle for social justice and affirmative action
in India. The Supreme Court of India upheld reservations in public employment based on
caste by endorsing the constitutional requirement that the state administer social equity to the
oppressed classes. While limiting reservations in some respects, the court laid down the law
on affirmative action by balancing social equity with meritocracy. Indra Sawhney v. Union of
India reiterates the law’s mandate to correct past wrongs and foster inclusive policymaking to
empower marginalized peoples.

These case laws helps us understand better how laws can change or shape societal norms.

Abstract

Through these case laws, examples and explanations it is very much clear how laws and
social change are inter dependent and they cannot be mutually exclusive of each other. It is
explained thoroughly through this paper that can laws can be helpful in making and shaping
societal norms. Through this paper we understood what is law , what is social change, what
are social norms, what is relationship between law and social change, how law is helpful in
shaping societal norms.

Conclusion

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The conclusion of law and social change often intertwine as laws reflect and respond to
evolving societal norms. The role of law in shaping societal norms is significant—it sets
boundaries, establishes standards, and can influence cultural attitudes through enforcement
and precedent. Additionally, laws can serve as instruments for promoting equity, justice, and
progressive change within a society.

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