Maintenance of Social Order &

Function of Law
Introduction

● In smaller and simpler communities, unorganised social pressure could

have been sufficient to maintain the social control necessary to guard
against a war of all against all.

● Norms are a “social contract” that supports a group’s collaborative work.

● The majority of Legal Norms are based on the practices or standards

followed in various fields in the society such as social, moral, trade,
profession and business etc. 

What is perhaps more certain is that, in its early days, law was barely differentiated from other
forms of social pressure.
Function of Law to Maintain Social Order

● The Constitution laid down the goals which the nation committed to
achieve.
Contd.
● The social order can be conceptualized as a public goods game. There
are three pillars of the maintenance of social order are as follows:
○ The first pillar is internalized norms of cooperation, sustained by emotions such as guilt and
shame and so on.

○ The second pillar is the behavior of other people who typically are “conditional cooperators”
willing to cooperate if others do so as well.

○  The third pillar is sanctions meted out to anyone who does not cooperate; ideally punishment
can work as a mere threat without being executed much.
First Pillar
First Pillar
Second Pillar
Third pillar
Theory on Social Order
Role of state: Maintenance of Social Order
● Social order is a fundamental concept in sociology that refers to the way the various components of
society work together to maintain the status quo. They include:

○ social structures and institutions

○ social relations

○ social interactions and behavior

○ cultural features such as norms, beliefs, and values.

The term "social order" to refer to a state of stability and consensus that exists in the absence of
chaos. Sociologists, however, have a more complex understanding of the term.
The Maintenance of Social Order Involves Punishment?

● Punishment—or the threat of punishment—is necessary for a general climate

of obedience to social norms.
● Punishment in society is typically seen as a method to correct the fracture of
societal harmony. This fracture occurs when there is a threat to the shared
values, morals, norms and the identity of the group and/or society.
● The state has regulated society’s shared norms and values, and those who
commit these infractions are subjected to degrees of punishment: whether it
be fines, community service, prison time, and sometimes death at the hands
of the state.
Definition: ‘Social Change’
● Shackman, Liu, and Wang, observed two sources of social change. One is ''
systematic'' and another is ''non-systematic''. Technological innovation,
climate change and changes forced by other countries which come under
purview of non-systematic source of social change.
● Auguste Comte, known as the “father of sociology,”

○  Society always evolves into “higher levels.” Like organisms evolve from simple to more
complex, so do societies. Societies that don’t adapt fast enough will fall behind. 

The functionalist theory of social change teaches that society is like a human body. Each part is like an
organ. Individual parts can’t survive on their own. Emile Durkheim, a major leader in the social sciences,
believed that all parts of a society must be harmonious. If they aren’t unified, society is “no more than a
pile of sand” that’s vulnerable to collapse.
Contd.
● The conflict theory states that society is by nature unequal and competitive.
Karl Marx spearheaded this theory. While he did believe in the evolutionary
model to a point, Marx didn’t think each phase resulted in something better
than before. More often than not, the rich and powerful control the rest of
society by exploiting vulnerable groups.
● This sows conflict, provoking people to action. Social change occurs as a
result. The conflict model evolved over the years. It’s found in other theories
such as feminist theory, queer theory, and critical race theory.
Conclusion