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BA LLB 1st year 2nd semester Legal System Sample question answer papers
What is the relationship between law and morality? What roles does law play in social control?
Law and Morality- Since ancient times law and morality have been treated as closely related things. Ancient thinkers like Plato and Aristotle have said that states are the ideal where man observes morality and law. In fact, the main object of law is to make people moral and lead a moral life.
Ancient thinkers said is relevant even today. Modern political thinkers are of the view that Ethics and law are closely related. According to Gilchrist, political sciences and Ethics, both said man is a moral being. Similarly, according to Maclver the State creates external conditions for the society that is necessary for a fee and moral life. The main object of law is to make people moral, Both these things exercise control over human behavior. They direct people to act in a particular manner that is in the interest of society.
The similarity between law and morality- Relationship between law and morality is quite intimate. The similarity between the two can be better understood with the help of the following chart-
(1) If people are moral the State shall be moral and so the laws shall also be moral.
If the law is good, people shall be moral and try to lead the correct type of life.
(2) Without morality, man can not become good and law-abiding. In such a case the state shall not be good and law-abiding. If people are moral, the State shall be moral and the laws shall be based on morality.
(3) The State creates situations that are helpful for moral life. It frames laws that are good for moral people. This law removed persons who are responsible for creating an obstruction in a moral lite.
Morality helps the State in the sense that it makes the citizens law-abiding.
Because of the similarity between law and morality, the thinkers hold the view that the State is the moral custodian of the morality that creates such laws that serve the highest moral interest of the people. That is why it is a way that the laws and practices that do not suit the moral interest of the people.
Role of Law in social control- Law is an important agency of social control. In fact, law and culture are intimately related. It is the culture that makes people conscious of morality and values. Laws are based, on these values and the law courts and the judges execute them. Through the execution of these laws, they control the deviant behavior of the individual citizens and also encourage people to act in a moral manner. The function that is performed by law in the field of social control may be studied under the following heads –
(1) Brings about social stability- The law is we have already seen is the result of the customs and traditions and also independent legislation. The customs and traditions, after becoming law get codified and enjoy constitutional recognition. This happens when the society has developed naturally its structure has become complicated. Law has the sanction of the Estate behind it and so anyone who violates is subjected to punishment. Because of the fear of punishment, people do not violate the law and so the tendencies of disorganization do not get any encouragement. This leads to preservations of the socio-cultural values. This law gets modified and changed when there is a need for it. Because of the development in society, this is again intended to keep the society intact and stable.
(2) Is responsible for upliftment- The law provides protection to the institution that is engaged in social upliftment. Without the sanction of law, many of the programs of upliftment shall be nullified by dis-tendencies of disorganization and deviation. The main object of law is to bring social study and create deviation for upliftment. India has a typical example of this role of law. Through the law, social evils like Sati, child marriage, prohibiting widows from marriage, etc. were curbed and Indian society progressed on correct lines.
(3) Exercises Omni-direction control- Law is not concerned with an aspect of life only. It controls various directions. This has one very big advantage because of this central, a co-relation is established between Various phases of the society and so dis-organization is not allowed to affect various aspects of the society. It also has one another advantage. The tendency of disorganization that affects one aspect of life does not go into every aspect of life. It is all the result of Omni-direction control of the law.
(4) Brings out Socialization- Through the law, the individual citizens are trained in the art of observing social laws which are very necessary for social control. In fact, the law is the most important and final stage of compulsory socialization. It forces a person to become social honor respect the rights of others. Many of the people are not so developed that they may follow the processes of socialization without the force of law. Law through the fear of punishment trains people in socialization and controls their divisional and disorganizing tendencies. Law is, therefore, an important and very highly developed and obligatory process of socialization that is very much responsible for social control.
(5) Protects and observes the fundamental basic right- Because of the development of society, various such developments that are responsible for the infringement of the rights and individuals take place. The development of capitalism is a very glaring example of it. Once capitalism is developed, those who control the economic power try to exploit the weaker section. It is the law only that helps them and saves the fundamental rights of the weaker sections and others.
(6) Forms the basis of Governmental administration- It is on the basis of a law that the Government carries out its administration. People living in different areas even in a particular country have different tendencies and customs and traditions, through law only it is possible to make them live in a particular manner and act according to the direction of the Government. In fact, the law is the basis of Governmental working.
(7) The fear of punishment in the minds of the citizens- Infringement of every law carries with it the punishment. Because of the fear of punishment individuals follow the laws and thereby help not establishing a higher social order. In this manner, the law exercises a good deal of social control.
(8) Controls the aggressiveness- In every society, some are weak persons while others are quite strong. Those who are strong, something try to exploit the weaker. It is through law only that it is possible to control the aggressiveness of strong persons. This control of aggressiveness the society from dis-organization, in this manner also law plays a vital role in social control.
(9) Lays down behavioral norms- Law also lays down norms according to which members of the society should behave. It also lays down the things that a person should follow and the things he should not follow. In underdeveloped societies, these things are controlled and determined by customs and traditions but in developed and complicated societies they are controlled and laid down by law. Law, therefore, exercises a good deal of control upon the behavior of the people.
(10) Uses Force- The law through the use of force, makes people conscious of their obligations towards society. It also lays down the ways of patterns of public behavior. It is good public behavior that conditions the society.
(11) Preserve what is valuable for the society- Law preserves what is valuable for the society and it this value that is responsible for the organization, development, and enrichment of society. By preserving what is valuable for society, the law controls not only the behavior of the individual but also helps the society to remain intact, stable, and organized. This aspect of the law is very useful in the control of society.
In this manner law which is nothing but higher will and desire of the people is very much helpful in exercising control over society. Sometimes it is based on customs and traditions and sometimes it is enacted independently by the legislature, in order to meet the needs of the society. It is an inevitability for individual citizens and in this manner plays their vital role as an agency of social control. The following remarks of Petrajitzsky are very apt in this respect-
“As motivating forces law origins us to do out a duty; it gives the power to demand what we are entitled to by law …”