Study of Sociology and law

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Sociology is the study of human social relationships and institutions. It is a discipline that expands our awareness and analysis of the human social relationship, culture and institutions that profoundly shape both our lives and human history. The purpose of the subject matter is to understand how human action and consciousness both shape and are shaped by surrounding cultural and social structure. It analyzes and explains important matters in our personal lives, our communities and the world. At personal level, it covers aspects like romantic love, gender identity, family conflict, deviant behavior, aging and religious faith. At the societal level, it explains matters like crime, war, poverty and wealth and law.

Law is a system of regulations created by the society for better inhabitation and social synthesis. The origin of law is from sociological behavior of the human being. The concept of law has constantly been changing. Earlier it was based on divine rule and norm. Later it became closer to humans and emphasis shifted from god to law-makers, who created rules and norms to which the society lived. Today, the law is the system of rules which a particular country or community recognizes as regulating the actions of its members and which it may in force by the imposition of penalties. 

Law plays an important part as the tool of social changes to meet society.

Sociology and law deal with the human being, their character and ideologies. Sometimes law leads the society and one some occasions society leads the law. Therefore, both of these subjects are interconnected in their nature and application. The law has its origin in the anthropology. From the primitive stage of the society, gradually doctrine of contract emerged and people started to live together but made curtain rules and regulations to control the human being and their activities. In this way, law come in existence after the sociological development in the society. Therefore, sociology and law cannot be better appreciated without their interconnection being understood.

The law has prepared a path for better living but in the present scenario, law is enacted by the public representatives, i.e., politicians. The politicians are the nerves of the society and know where the regulation or law is required for protection of persons and property of human beings. Therefore, the doctrine of Hobbs, i.e., law leads the society, for example, having seen the demerits of capitalism, the politicians thought that a socialistic pattern of society should be established so that the common man is not exploited and get due rights. Hence, a law was prepared and a socialistic pattern of society was established in a number of countries.

For the better living of human beings, law provides legal rights to the members of society which includes right to express, equality, right of acquisition and disposing of property.

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In India, the constitution is the ground norm which has provided fundamental rights to the citizens of India. This has been made possible because of the law and society has been enjoying these fundamental rights.

Education is also an integral element of society. The education pattern and its direction are decided by the law, for example, UGC has been created by law and directions are as good as law. The UGC decides the dimension of education. Education is a very good segment of sociology.

The law is critical for a general public for it fills in as a standard of direct for residents. The law is essential since it goes about as a rule with respect to what is acknowledged in the public arena.

Legal system reflects all the energy of life within any society.

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Sociology is a science of social evolution, social structure, social concepts, and inter-behavior of human beings. These are basic elements for a law- students to understand so that he can better understand the genesis of law and intent of legislators. In the present era, the law student who becomes a judge has to interpret the law sociologically. The best system interpretation of law is sociological interpretation of law, which is only possible when the concerned judge has thorough knowledge of sociology.

A law student as jurist is always given a task to draft the Act or bill to be passed by legislative assembly. The jurist can only draft a good Act, if he has sufficient knowledge of society, its behavior and anthropology, which is a kind of history of social evolution, changing pattern of behavior and social institutions. At the time of drafting an Act, the author of the act should appreciate its implications in the society and expected reactions- therefore knowledge of sociology has become imperative for the law student. 

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Having read sociology, a law student can extrapolate the incidence of prospective act or the law enacted. In this backdrop he can take effective curative and remedial measures, when the law is opposed by some miscreants.

Sociology tells about the mischiefs being done by some strata of society, traditionally and historically. A law student is required to devise such a law which may put a stop to such activities and bring those people into the mainstream of society. Without the knowledge of sociology, a law student cannot become a good lawyer, a good judge or a good architect of legislation.

Hence, it can be very safely said that sociology and law are closely interlinked and the existence of either, independently, is of no worth. The social aspects of society, which includes politics, economy, education, social pattern and decided and regulated by the law.

Therefore, Hobbes has aptly said that sometimes, law leads the society and on other occasions, society leads the law.

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By: Debarati Pal

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