LAW AND SOCIAL CHANGE

WEEK 5 (8 MAY - 12 MAY 2023)

LESSON PLAN

1. DEFINITION OF SOCIAL CHANGE

Steven Vago:

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“Large numbers of people engaging in group activities that are different from those in which they or their parents engaged in previously.”

Anwarul Yaqin: “Modifications in the way people work, rear a family, educate their children, govern themselves and seek ultimate meaning in life.”

Something that did not previously exist is now currently existing

Something that previously existed has currently stopped existing

SOCIAL CHANGE

= Change in the social order of a society

Social change may refer to the notion of a social progress or social revolution.

2. FACTORS THAT INFLUENCE SOCIAL CHANGE

WHAT ARE THE FACTORS TO SOCIAL CHANGE?

FACTORS INFLUENCING

SOCIAL CHANGE

1. NATURAL ENVIRONMENT
2. DEMOGRAPHIC PROCESSES
3. ECONOMIC PROCESSES
4. TECHNOLOGICAL INNOVATIONS
5. SOCIAL MOVEMENTS
6. POLITICAL PROCESSES

1. NATURAL ENVIRONMENT

• Changes in the natural environment may result from climatic variations, natural disasters, or the spread of disease.
• E.g, Black Death is thought to have contributed to the crisis of feudalism in 14th-century Europe.
• May be either independent of human activities or caused by them.
• Deforestation, erosion, air pollution, and contemporary climate change belong to the latter category, and in turn may have far-reaching social consequences.

2. DEMOGRAPHIC PROCESSES

• Population growth and increasing population density represent demographic forms of social change.
• Increasing population density may stimulate technological innovations, which in turn may increase the division of labour, social differentiation, commercialization, and urbanization.
• On the other hand, population growth may contribute to economic stagnation and increasing poverty, as may be witnessed in several developing countries today.

3. ECONOMIC PROCESSES

Technological changes are often related to economic processes which resulted to:-

• The formation and extension of markets
• Modifications of property relations (i.e, from feudal lord-peasant relations to contractual proprietor-tenant relations)
• Changes in the organization of labour (i.e, from independent craftsmen to factories).

4. TECHNOLOGICAL INNOVATIONS

• Identified as the most important determinants of societal change.
• E.g, the smelting of iron, the introduction of the plow in agriculture, the invention of the steam engine, and the development of computers and the Internet
• Lasting social consequences.

5. SOCIAL MOVEMENTS

• A change in collective ideas is not merely an intellectual process; it is often connected to the formation of new social movements.
• Weber’s concept of “charismatic leadership.”
• Charismatic leaders are able to create a group of followers who are willing to break established rules (e.g, Jesus, Napoleon, Malcolm X, Gandhi, MLK, and Hitler).

6. POLITICAL PROCESSES

Changes in the regulation of violence, in the organization of the state, and in international relations may also contribute to social change.

American historical sociologist Charles Tilly:

• The functioning of the state itself and the nature of interstate relations play important role in the outbreak of a revolution;
• When the state is not able to fulfill its basic functions of maintaining law and order that revolutionary groups have any chance of success.

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TO BE CONTINUED…

Any questions…???

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3. LAW AS AN INSTRUMENT OF SOCIAL CHANGE

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Because law is deeply implicated in our economic, political, and social worlds, pursuit of social change invariably involves an engagement with law. �

Law is considered a desirable and necessary�instrument of inducing planned social change�by the government.�

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Is law really an instrument of social change?

Researchers have opinionated that law is the best instrument for regulating social change but at times it is the social change that becomes a statute itself.

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American Judge Benjamin Cardozo:

“Law should not be viewed as a definite instrument trying to bring in social change but as a flexible instrument of a necessity to bring in the welfare of the society.”

Theories involved in social change

There are two theories depending on which social change can take place.

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The theories of social change cannot bring in the transformation in the society, therefore, needs the help of law. �

What law does is it helps bring these theories to go through procedures so that they can be implemented. Thus without legal regulations, social movements cannot be carried out.�

WAYS IN WHICH LAW CAN BE USED AS AN INSTRUMENT FOR CREATING SOCIAL CHANGE :

Law as an instrument for creating social change can be used in two broad ways namely:

Law and social change are reciprocal processes

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• They interact with each other
• Each can give rise to the other
• Law can affect attitudes and values
• Law as a source of social change

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Why law is employed as an instrument of social change

• To suit new situations

As society changes, new situations arise (e.g, with the rise of AI students tend to plagiarise essay assignments by using ChatGPT, therefore a stricter control shall be applied by universities to prevent this).

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• Capable of adaptation

Law is flexible and allows for peaceful change by legislation and judicial movement.

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• To give emphasis on humanistic values

Any customs in violation of humanistic values can be legally abolished by legislation and sanctions (e.g, in India cultural customs such as child marriage and sati have been abolished by law).

Prevention of Sati Act (1987)

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In 1987, in the village of Deorala in Rajasthan, an 18-year-old married woman named Roop Kanwar was forced to become sati when her husband died after eight months of marriage. She refused. Consequently, a group of men from the village forcefully drugged and immolated her. Police investigated the case and those men were arrested. In light of this incident, the government created the Prevention of Sati Act, making it illegal to force or encourage a woman to commit sati, and anyone doing so would be punished by death. And yet, some widows still choose to become sati – at least four such cases were recorded between 2000 and 2015.

Advantages of Law as a Source of Social Change

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• Legitimate Authority
• The Binding Force of Law
• Sanctions

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4. LIMITATIONS OF LAW AS AN INSTRUMENT OF SOCIAL CHANGE

Limitations of Law as a Source of Social Change

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• Originates externally to most people and seems coercive
• Laws may be perceived as serving particular economic interest groups
• Law is only one of a very large set of policy instruments and usually cannot be effective by itself
• Lack of success of law in enforcing private morality

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CONCLUSION

Thus, social issues are interconnected as opposed to separated and law is a mirror to know how people are identified with each other. Effective implementation of law as an instrument or device of social change should work in tandem with social and cultural life of people. Transformation of social system according to the need of the times and in accordance with the modes and mores of the people is a matter of necessity. A striking balance between instrumentality of law and social mores of the people would really pave way for real justice in action and thus leads to empowerment of the society.

Thank you for your attention.

Any questions?

END