How Law Can Be Termed As A Social Phenomenon Essay

Social values are the moral attitudes and principles that a society (or the majority of a society) hold collectively. They evolve over generations, with each generation able to express, become informed and pass down their values in new ways into a gradually more open minded social environment. These changes are largely due to technological developments, such as social media platforms. These changes are still happening in todays society, for example same sex marriage being legalised and different abortion laws, and will continue to develop forever as we as a society try to achieve the ultimate goal of equality.

The official version of the law (OVL) is “what the legal world would have us believe about itself – is that it is an impartial, neutral and objective system for resolving conflict” (Comack, 2014, p. 11). Prior to reflecting on course material I would have undoubtedly accepted the OVL, however, at this time I believe our Canadian legal system and criminal justice system lack the ability to be impartial, neutral, and objective, therefore requiring considerable changes. The chapters in which utmost enhanced my understanding of the sociology of law were “Theoretical Approaches and the Sociology of Law” by Elizabeth Comack and “Standing Against Canadian Law: Naming Omissions of Race, Culture, and Gender” by Patricia Monture as they explain and demonstrate the inequalities marginalized groups must endure at the hands of the law.

Domitus Ulpian said, “Justice is the constant and perpetual will to allot to every man his due.” Justice is what allows a society to operate and function. It is upheld and enforced by a system of rules known simply as the law which are officially recognised and imposed on states to govern behavior. Some form of law has always existed in human history whether it be in an unwritten customary form or in a written format like a constitution (Milgate P, 2013). The law and legal system around the world has developed throughout history to the point that there are many different categories and sub categories of law. In modern day Australia, the legal system has been modelled after the English system. This is a combination of statute and common

As years goes by, society’s morals and values changes which depicts that the law is also changing to fulfil the same morals and values with society.

The social constructs of law relate it to be something of complexity, where one’s rights and protections are imagined to be difficult to find. The law is an historic and modern aspect of the world, ensuring uniformity. It is important for the law to become not only a creator, but also a product of its environment. For society to accept the law and for its effectiveness, it must be made in ways reflect societal values.

It is essential for a legal system to continue to adapt to contemporary societal values and changes, not purely for the image of change, but for the continual growth and improvement of the justice system. This process is called law reform, which sees to examining existing laws, and if need be, advocating and implementing changes in a legal system, generally with the intent of enhancing justice or the efficiency.

In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.

Law is a system of rules that are enforced through social institutions to govern behavior. (Robertson, Crimes against humanity, 90).Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding precedent, normally in common jurisdictions.

Even though much of our legal philosophy inherited from Britain and French customs, new laws form, old laws change, and the common law and

     In his book on ?The Behavior of Law? Donald Black attempts to describe and explain the conduct of law as a social phenomenon. His theory of law does not consider the purpose, value, impact of law, neither proposes any kind of solutions, guidance or judgment; it plainly ponders on the behavior of law. The author grounds his theory purely on sociology and excludes the psychology of the individual from his assumptions on the behavior of law (Black 7). The theory of law comes to the same outcome as other theories scrutinizing the legal environment, such as deprivation theory or criminal theory; however, the former concentrates on the patterns of behavior of law, not involving the

Laws are the written rules that are used to create a functioning society and avoid chaos and anarchy. As a society, we also have unwritten “laws” that we follow in order to live peacefully among each other. These unwritten “laws” are called social norms. For example, you wouldn’t be breaking any laws by wearing pajamas to work, but you would be breaking a social norm. Different races, cultures, genders, age, and sexual orientations have different social norms that are expected to abide by.

Contempt of court implies to the courts ' ability to punish individuals that might interfere with the course of justice and the court system. Criminal proceedings are acknowledged as being active through the 1981 act when an individual has been arrested without warrant; the grant of a warrant for arrest; the grant of a warrant to cite; or service of an indictment or other document specifying the charge. A Criminal proceeding will cease to be active when a verdict, sentence has been reached. Inference with the court system can take many forms, therefore there are grave contempt’s which could result in imprisonment of the editor or journalist. The essence of contempt ensures that an individual gets a fair trial; a part of the of the Human

Initially, laws are difficult to design because lawmakers can’t think of every possibility, every scenario, and every obstacle that may present itself in the democracy. Despite these difficulties, laws keep society together and provide unity for the citizens. Advantages for creating laws, include, but are not limited to, providing direction for the collection of taxes, declaring clear expectations for compliance and punishment of citizens and elimination of chaos.

William O. Douglas said, “Common sense often makes good law.” Well that is what laws essentially are, rules and regulations that make sure common sense is followed. One could even say that laws are enforced ethics. Laws serve several roles and functions in business and society, and this paper will discuss those roles and functions.

In every political society it is the law which contributes to its civilized character, but law is the handmaid of social justice, rendering in the interest of society that which is according to law and to which a person or persons are entitled.