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    Law and Social Change

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    kanwar harjinder singh
    This document discusses law as an instrument of social change. It notes that societies are dynamic and constantly evolving, requiring legal systems to adapt to new situations through legislation and judicial interpretation. The document provides examples of how Indian law has evolved through legislation to address social issues like land reform, labor rights, family law, and the removal of social evils. It also discusses the role of the Supreme Court in interpreting the constitution and welfare legislation to effect social and economic changes in line with principles of natural justice. The overall message is that the adjustment of law to meet changing social needs is an ongoing process in all societies.

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    Law and Social Change

    Uploaded by

    kanwar harjinder singh
    37 views17 pages
    This document discusses law as an instrument of social change. It notes that societies are dynamic and constantly evolving, requiring legal systems to adapt to new situations through legislation and judicial interpretation. The document provides examples of how Indian law has evolved through legislation to address social issues like land reform, labor rights, family law, and the removal of social evils. It also discusses the role of the Supreme Court in interpreting the constitution and welfare legislation to effect social and economic changes in line with principles of natural justice. The overall message is that the adjustment of law to meet changing social needs is an ongoing process in all societies.

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    Law and social change

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    This document discusses law as an instrument of social change. It notes that societies are dynamic and constantly evolving, requiring legal systems to adapt to new situations through legislation and judicial interpretation. The document provides examples of how Indian law has evolved through legislation to address social issues like land reform, labor rights, family law, and the removal of social evils. It also discusses the role of the Supreme Court in interpreting the constitution and welfare legislation to effect social and economic changes in line with principles of natural justice. The overall message is that the adjustment of law to meet changing social needs is an ongoing process in all societies.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    37 views17 pages

    Law and Social Change

    Uploaded by

    kanwar harjinder singh
    This document discusses law as an instrument of social change. It notes that societies are dynamic and constantly evolving, requiring legal systems to adapt to new situations through legislation and judicial interpretation. The document provides examples of how Indian law has evolved through legislation to address social issues like land reform, labor rights, family law, and the removal of social evils. It also discusses the role of the Supreme Court in interpreting the constitution and welfare legislation to effect social and economic changes in line with principles of natural justice. The overall message is that the adjustment of law to meet changing social needs is an ongoing process in all societies.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 17

    Law and Social

    Change

    LAW AS AN INSTRUMENT OF
    SOCIAL CHANGE

     People have common needs which require concerted
    efforts
     This have also dissimilar needs which require
    mutual adjustment
     One cannot live without depending on others
     Social interdependence inevitable
    Law to suit new
    situations

     An society alters, new situations arise (reproductive
    technology, computers, cyber crime)
     Legal system to suit to new situation
     If law unalterable, changes to be brought about by
    violence
     Law capable of adoption

     It is flexible
     It allows for peaceful change by legislation, judicial
    development
     Legal system to be stable in short period flexible in
    long run
     Law to undergo progressive change to serve need of
    society
    Law as an instrument of social change


     In static societies, law can be used as instrument of
    social change
     Law induces patterns of behavior conducive to
    prosperity
     Where there are evil customs, they can be eliminated
    by law (sati)
     Law abolishes those customs (child marriage)
     It is instrument to achieve peaceful change.
    Legislation to bring about social change


     Law as an instrument of change
     Recent origin in our country
     The British initiated it
     Legislation to exercise social control
     To sustain social structure
     In modern age, society ahead of prescribed law

     Legislature makes the law which is intended for
    social change
     To bring about social change by influencing
    behavior, beliefs values
     In dynamic societies, social norms are ahead of legal
    words
     It is necessary to bring the legal code in conformity
    with values.
    Society and Law

     Static and progressive societies
     Economic, scientific and technological developments
    Evolution of law in
    ancientsocieties
     Progressive societies develop their laws by three
    means:
    1. Legal fiction
    2. Equity
    3. Legislation
    Hindu Law

     Vedas and smritis
    Dynamics of Law

     Law should withdraw outdated rules and law down
    new rules for changed situations and circumstances
     England- conservative society less prone to changes
     America- Gradual moulding of law to meet social
    changes
     India- colonial law not responsive to social needs
    Socio Economic changes
    -Legislation

     Reforms of law
    1. Land law
    ceiling on land holdings, panchayats etc.

    2. Labour Law
    Industrial Disputes Act, 1947
    Payment of bonus Act, 1965
    Maternity benefits Act, 1961
    Minimum wages Act, 1948

     Family Law
    Hindu Marriage Act, 1955
    Hindu Succession Act, 1956
    Hindu Adoption and Maintenance Act, 1956
    Hindu Minority and guardianship Act, 1956
    Dowry Prohibition Act, 1961

     Removal of social evils and disabilities
    Untouchability Offences Act, 1955
    Madras Prevention of Devdasi Act, 1947
    Supreme Court and
    Socio Economic
     Changes
     Interpretation of Constitution
     Fundamental Rights
     Directive Principles
     Rule of Law- Natural Justice
     Public Interest Litigation
     Interpretation of welfare legislation

     Conflicts between judiciary and legislature
     Full effect of legal changes still to be realised
     In all societies there is interaction of social forces and
    law
     Adjustment of law to social needs is a continuing
    process
     New problems care and caution needed.

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