Laws, Social Change and Socio-Legal Research in India Essay

The rule of law is treating all persons equally under the law in a society that is not run by any arbitrary power. Everyone is subject to the rules of law, including those in government and court positions; it is consistent throughout society and essential to achieving justice. An example of the rule of law being successfully applied to achieve justice in the

Law is a system of rules that are enforced by credible institutions to maintain societal order. This usually happens through the legislative process. The law can take different forms such as binding precedents and contracts. Each individual in society is not immune to the rule of law. A law can be defined as just or unjust. Many believe a just law is a mirror of moral law, which enhances or secures the freedom of the individual. An unjust law takes away freedom, causes harm, and enhances chaos. According to St. Augustine, “an unjust law is no law at all.” Both Socrates and Martin Luther King Jr. were victims of unjust laws. Both men believed that concept of civil disobedience can counteract unjust laws. However, Socrates and Martin Luther King Jr. differ in their execution of civil disobedience.

Legal research is not only about discovering how the law applies, it is also about determining how strong case is. Using legal research we are analyzing strength and weaknesses of client’s case, and using counteranalysis we determine how opponent can use weaknesses against us. In this paper we will establish why counteranalysis is important and why do we use it, when we use it and where we can apply it.

At one level, it deals with the inadequacies of the law in addressing to the question of justice and at the same time highlights the importance of the law in a society as even in presence of inadequacies, law is needed as it is better than a state of lawlessness.

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.

In both the common and civil law traditions the ordinary function of a court is adjudicative. Courts make findings on disputed questions of fact, identify and apply the relevant law to the facts as agreed by the parties or found by the court, consider the legal consequences and award appropriate remedies. Thus, a state that adheres to the principle of ‘rule of law’ provides legal certainty to it citizens, to plan their lives with less uncertainty and protects them from to the law from arbitrary use of state power. The rule of law ‘first and foremost seeks to emphasize the necessity of establishing a rule-based society in the interest of legal certainty and predictability.’

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.

The law should on all occasions strive to not exist as a separate sanctity to society. As much as possible, governments and judicial bodies should aim to include the public in the creation, maintenance and amendment of the law. The community consultation process of law reform is a vital cornerstone to societal inclusion in the lawmaking process. It allows the people living through the law reform experience to share their own insight and opinion, allowing major societal influence in the creation of legislation and other legal principles. The current law reform environment does allow some hinderance to the consultation process, through the overcomplicating of documents, or time restraints, however with minor adjustment, this system

Overall, in the process of understanding the relation between social order and the law, the consensus provides a clearer and more radical view. It shows society as what it really is. It presents society as a united force respecting and following the norms as to

The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on the rule of law in order to address the question posed in the title, which is at first sight a deceptively simple one.

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.

Law can be defined as the written agreement that a society agrees upon this dictates appropriate and acceptable conduct and behaviour we display toward each other. Law is the foundation of the society it can only work if the society abides by it and work to maintain its existence, this will help solve any problems and crimes.

i developed a specific interest in common law and human rights law through studying goverment and politics at A-Level in which we have looked in depth at the types of laws in encompassed in constitution. The particular case of

Jurisprudence begins from actual facts where as rule exists on the basis of scientific concepts. It has two streams, one is practical and another is ideal. On the practical side jurisprudence is compulsory. Having ascertained the rule of law, jurisprudence must proceed to work out its contents. As an ideal jurisprudence, it presents rule of law in the form of a

The question of definition of law has existed since time immemorial. As long as man organised himself there was an essentiality to organise himself and submit himself under a set of recognised rules and regulations which later came to be identified as law of that society. At the initial stages law could not be separable from morality. From religion, to the command of the sovereign as proposed by John Austin, to