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The document discusses the role of law as a mechanism for social change in India, emphasizing its importance in regulating society and addressing social issues such as crime, poverty, and gender inequality. It highlights landmark legislations and judicial decisions that have contributed to social reforms and the need for effective implementation of laws to ensure justice and equity. The relationship between law and society is reciprocal, with law serving both as a reflection of social values and as a catalyst for change.
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0% found this document useful (0 votes)
31 views11 pages

Social

The document discusses the role of law as a mechanism for social change in India, emphasizing its importance in regulating society and addressing social issues such as crime, poverty, and gender inequality. It highlights landmark legislations and judicial decisions that have contributed to social reforms and the need for effective implementation of laws to ensure justice and equity. The relationship between law and society is reciprocal, with law serving both as a reflection of social values and as a catalyst for change.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

© 2025 JETIR February 2025, Volume 12, Issue 2 [Link].

org (ISSN-2349-5162)

Law as An Instrument of Social Change


1 2
Dr. S. James Prof. (Dr.) Harikumar Prallathadka
Post-Doctoral Fellow in Law Vice Chancellor
Manipur International University Manipur International University
Imphal, Manipur, India. Imphal, Manipur, India

ABSTRACT
Law is an important mechanism for regulating society. It also brings about amazing social change. India is a
country of contradictions. Lavish buildings exist alongside slums and even the most advanced cities in our country
have problems such as rising crime rates and poverty. In such a situation, law can definitely be an instrument of
social change. Landmark legislations worldwide which have been effectively implemented ensure that social
change becomes a reality. Law regulates the safety and security of people. It is the cornerstone of the edifice of
social change. Law can make a huge difference to the social order. Criminal activities will lessen if murderers
and wrongdoers are given stringent punishment. The recent stay on the execution of two rapists and murderers in
the Nirbhaya case by the apex court is a grave miscarriage of justice.
Such decisions can impact law and order in society. If the judiciary does not uphold the sentences, a message
will be sent to potential criminals that they can escape punishment after committing heinous acts. Law makers
are responsible for the welfare of 1.2 billion Indians. They should weigh decisions carefully and use legal
mechanisms to bring social change instead of committing injustice.1
Lawlessness can harm society in significant ways. If proper laws are not in place, women and poor people will
continue to be exploited and abused. Stronger laws are needed to bring about positive social change. Noted legal
experts such as Justice Bhagwati have discussed how law should not fail to respond to the needs of a changing
society. If it does so, he has indicated that it can stifle the growth of society and block its progress. Unless there
is safety and security, and laws are being framed to bring about a stable economic and social environment,
investors and funders will continue to doubt the possibility of India ever acquiring a superpower status.
Keywords: Contradictions, slums, edifice, wrongdoers, social change, stable, status.

I. INTRODUCTION
The law of the land brings about positive social change. Whether it is an anti-poverty legislation or a move to
facilitate Foreign Direct Investment(FDI) in education, law can impact the extent to which all citizens have access
to excellent infrastructure and good social welfare services. A country can change for the better only if lawmakers
are there to initiate meaningful change in a positive direction. Law plays a vital role in fulfilling social needs.
Legal reforms can end gender bias and social inequity. Citizens acquire the right to seek legal redress for

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grievances and violation of their basic human rights. Law is the medium through which social change can be
achieved.
Any law is effective only if it is implemented properly. The legislation should have inbuilt mechanisms to ensure
that it is able to combat social evils such as dowry and domestic abuse. Social evils such as child marriage and
Sati have only diminished in India because laws are in place to prevent their occurrence. Noted activists have
used public interest litigations to counter social injustice as well.
Law has a tremendous potential for initiating positive social change. Legal reforms have changed the face of
many societies all over the world. Problems such as low literacy levels and gender injustices have been eliminated
in many developed nations because of legal mechanisms to address the problem. Law has the ability to mould
social change. It is designed to bring about a social order where individual rights are protected.
Law is the perfect tool for maintaining justice and ensuring that lawlessness does not continue to prevail within
society. When legal judgements aim at reforming the system, a wave of positive social change is initiated. The
landmark SC judgement preventing criminals from contesting elections is just one example of laws that can spur
social change.2

The law and the society are interrelated. Social change means a meaningful change brought about in one society.
It also includes the changes brought about in various organizations, social institutes, social rituals, social
ideologies and perceptions etc. and the changes in the human interactions with them.
Law is the guideline between the right and wrong in the society. Law in India is constructed keeping in mind
different social ideologies, process, etc. The law revolves around the social institutions, socio-economic networks,
and social processes. Along with this Law also plays an important part in changing the social rituals. For example,
the prohibitions of social rituals such as female infanticide, child marriage, sati etc. in India are an attempt by the
law to bring about a change in the social norm of India. The Indian society and culture are still traditional.

The contemporary world is fast changing. India is adapting to the world of modernization while trying to keeps
its cultural values in place. The law helps to maintain are cultural values by regulating the social norms, interests
and interactions.
It is well known fact that corruption is a major menace in India. The corruption of law would weaken social order
and lay it in ruins. The objective of law is to protect the citizens of the country, ensure the rights of the people,
punishing the guilty. Sometimes the law makers tend to divert from this objective. For law to be an instrument of
social change it has focus on its objective.3
In today’s time the rate of crime is very high, crime has a direct impact on the society for example crimes which
relate to women, children, robbery kidnapping etc have a great impact on the social peace and stability in these if
the guilty are not found and punished the people and society lose their faith in law.
Law can be an instrument of social change only when it completely follows the directives of the constitution of
India. Constitution of India is made for the common people. Therefore, the laws constructed should also be for

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the benefit of the common people. These days the law is often used to manipulate the people as many people are
not aware of it. The constitution has made ample provisions for the betterment of its people.
Thus, the essence of social change lies in the effective application of law. The laws constructed should be
practiced properly by common people as well as the authorities. Thereafter only law can bring about a social
change. 4

Law is a form of Social Science, and Society and law are closely related to each other. Law tells the nature to live
the social life and this also increases with the Economic, Scientific and Technological progress. Law also changes
with Social Changes and plays an important role in the fulfilment of Social Needs, therefore, for the fulfilment of
social need, there is a provision by constitutional amendment and this is the responsibility of judiciary that law
which violates the constitutional provisions, public interests and fundamental rights should be declared void.
Legal reforms have been at the centre of the agenda for strategizing gender justice in India. Uniform Civil Code
is merged in the Article- 44 by Indian Constitution as a result of social change. It signifies a uniform code of
conduct without caste, religion, parentage, community and cultural recognition for all citizens of the country and
also under Article 21 of the Constitution of India, it is enshrined that ‘Protection of life and personal liberty’ as a
result of social change. In this article new provisions of fundamental right to Speedy Trial, Right to Free Legal
Service, Right to Human Dignity, Right Against Torture have been made some of the components of the
fundamental rights. Law is a medium through which social objects can be achieved. So, change of law is must
with social changes, otherwise law will be of no value.
Law is rooted in social institutions, in socio-economic network. These social factors influence the course of law
or the direction of legal change. This is the outcome of personal and social interactions which are variable and
often unpredictable. At the same time, law may itself change norms in various way. For example, in free India,
legal abolition of untouchability is an attempt to change a long-standing social norm. Yet it has not succeeded
much due to inadequate social support. Thus, there is a reciprocal relationship between law and society. The term
‘social change’ is also used to indicate the changes that take place in human interactions and inter -relations.
Society is a ‘web-relationship’ and social change obviously means a change in the system of social relationship
where a social relationship is understood in terms of social processes and social interactions and social
organizations. Thus, the term, ‘social change’ is used to indicate desirable variations in social institution, social
processes and social organization. It includes alterations in the structure and the functions of the society. Closer
analysis of the role of law vis-à-vis social change leads to distinguish between the direct and the indirect aspects
of the role of law. 5

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II. LAW AS AN INSTRUMENT OF SOCIAL CHANGE

1. Law plays an important indirect role in regard to social change having a direct impact on society. For example:
A law setting up a compulsory educational system.

2. On the other hand, law interacts in many cases indirectly with basic social institutions in a manner constituting
a direct relationship between law and social change. For example: A law designed to prohibit polygamy.

Law plays an agent of modernization and social change. It is also an indicator of the nature of societal complexity
and its attendant problems of integration. Further, the reinforcement of the age-old Panchayat system, the abolition
of the abhorables practices of un-touchability, child marriage, sati dowry, etc. are typical illustrations of social
change being brought about in the country through law.

Law is an effective medium or agency, instrumental in bringing about social change in the country or in any
region in particular. Therefore, law has been pivotal in introducing changes in the societal structure and
relationships and continues to be so. As of today, the decisions of the Court are not just being tested on the touch
stone of social justice, but indeed they are being cited of as precursors to ‘social rights. The Court has pro-actively
and vigorously taken up to cause of social justice and has gone to the extent of articulating newer social rights
such as the right to food, right to health, right to education Thus, the march of law is clearly in favour of Supreme
Court having performed a pro-active role in social change of the languishing masses. It certainly has acted as a
catalyst in the process of social transformation of people wherein the dilution of caste inequalities, protective
measures for the weak and vulnerable sections, providing for the dignified existence of those living under
unwholesome conditions, etc, are the illustrious examples in this regard. Social change involves an alteration of
society; its economic structure, values and beliefs, and its economic, political and social dimensions also undergo
modification. However, social change does not affect all aspects of society in the same manner. 6

While much of social change is brought about by material changes such as technology, new patterns of production,
etc, other conditions are also necessary. For example, legal prohibition of untouchability in free India has not
succeeded because of inadequate social support. Nonetheless, when law cannot bring about change without social
support, it still can create certain preconditions for social change. Moreover, after independence, the Constitution
of India provided far-reaching guidelines for change. It’s directive principle suggested a blue-print for a new
nation. The derecognizing of caste-system, equality before the law, and equal opportunities for all in economic,
political and social spheres were some of the highlighting points of the Constitution of India. Some areas where
law has given the influence for social change are:

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[1] Area of agrarian reform policy and legislation.

[2] Area of implementation of untouchability abolition law.

[3] The normative aspects of employment and educational reservation for the scheduled castes and scheduled
tribes under the Constitution.

[4] The allied field of abolition of bonded labour.

[5] The problem of substantive impact of changes in the family law marriage, equal rights of women to inheritance
and dowry.

For purposes of constitutional competence, these actions are characterized as those coming under the writ
jurisdiction of the Supreme Court of India under Article 32 of the Constitution of India and the various High
Courts, under Article 226. The traditional extent of writ jurisdiction was of course a colonial inheritance from the
British-era and the remedies that could be invoked were those of habeas corpus, quo warranto, mandamus,
prohibition and certiorari. However, the Indian Courts have pushed the boundaries of constitutional remedies by
evolving the concept of a ‘continuing mandamus’ which involves the passing of regular directions and the
monitoring of their implementation by executive agencies. In addition to designing remedies for ensuring that
their orders are complied with, the Courts have also resorted to private law remedies such as injunctions and ‘stay’
orders in Public Interest Litigation (PIL) matters.7 The Supreme Court of India has been able to shape appropriate
remedies for a variety of situations on account of the wide discretionary powers for granting constitutional
remedies that have been conferred on it as per the language of Article 32 of the Constitution. Furthermore, under
Article 141 of the Constitution of India, the Supreme Court’s rulings are considered to be the ‘law of the land’
and become binding precedents for all courts and tribunals in the country’s legal system. Hence, the Supreme
Court’s decisions in Public Interest Litigation (PIL) matters have progressively shaped a unique jurisprudence
that gives due weight age to the interests of the underprivileged and backward sections in society. A significant
consequence of this is that creative remedies designed for particular fact-situations come to be widely reported to
by Courts all over the country. In this way, the rulings given in PIL cases create an active judicial dialogue within
the whole legal system.8

III. CASE STUDY

[1] Bihar Legal Support Society vs. The Chief Justice of India & Others

The case Bihar Legal Support Society v. Chief Justice of India (1986) is significant to "Law as an Instrument
of Social Change" as it reinforced free legal aid as a fundamental right under Article 39A and Article 21 of the
Indian Constitution. The Supreme Court emphasized that justice should be accessible to all, especially the poor,
and expanded Public Interest Litigation (PIL) as a tool for social justice. This case demonstrated how law can

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be used to empower marginalized groups, ensure judicial activism, and strengthen the welfare state by making
the legal system more inclusive.

The Bihar Legal Support Society case illustrates how the judiciary and legal mechanisms serve as powerful
tools for social transformation. By institutionalizing legal aid and PILs, the judgment made the legal system
more inclusive and responsive to social inequalities. This aligns perfectly with the concept of law as an
instrument of social change by ensuring justice reaches even the most disadvantaged sections of society.

[2] Kesavananda Bharati vs. State of Kerala (1973)

This case is a landmark judgment where the Supreme Court of India introduced the basic structure doctrine,
ruling that while Parliament can amend the Constitution, it cannot alter its fundamental principles. This decision
is significant as it emphasized the role of law in social change by allowing reforms, such as land redistribution,
while safeguarding core constitutional values like democracy, fundamental rights, and the rule of law. The case
reinforced the judiciary’s power to review and strike down unconstitutional amendments, ensuring that social
reforms do not undermine the Constitution’s integrity, thus balancing legal change with the protection of
fundamental principles. 9

[3] People’s Union for Civil Liberties vs. Union of India wherein the Court sought to ensure compliance with
the policy of supplying mid-day meals in government-run primary schools. The mid-day meal scheme had been
launched with much fanfare a few years ago with the multiple objectives of encouraging the enrolment of children
from low-income backgrounds in schools and also ensuring that they received adequate nutrition. However, there
had been widespread reports of problems in the implementation of this scheme such as the pilferage of foodgrains.
As a response to the same, the Supreme Court issued orders to the concerned government authorities in all States
and Union Territories, while giving elaborate directions about the proper publicity and implementation of the said
scheme.

Law is a system of rules and guidelines which are enforced through social institutions to govern behaviour,
wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of
relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives
markets. Property law defines rights and obligations related to the transfer and title of personal and real property.
Trust law applies to assets held for investment and financial security, while tort law allows claims for
compensation if a person's rights or property are harmed. If the harm is criminalized in legislation, criminal law
offers means by which the state can prosecute the perpetrator. Constitutional law provides a framework for the
creation of law, the protection of human rights and the election of political representatives. Administrative law is
used to review the decisions of government agencies, while international law governs affairs between sovereign
states in activities ranging from trade to environmental regulation or military action. The legal response to a given
social or technological problem is therefore in itself a major social action which may aggravate a given problem
or alleviate and help to solve it. 10

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IV. FACTORS OF SOCIAL CHANGE AND LAW

By one theory, major social changes originate from outside the legal system. Yet the legal system, as one social
institution, cannot be external to social influence, and indeed legal systems have always transformed along their
societies. The way in which industrial revolutions transformed feudal legal systems in the West is one
demonstration. Or, for example the pressing environmental issues the world over: environmental movements do
not originate from within the legal system. Rather they coalesce in society outside of the legal system, and bring
their struggle to the legal arena propelled by the environmental consciousness they have created. Law is often a
microcosm of social life, and all major changes in law possess causes beyond the law itself. Stated more boldly,
major shifts of social relations and economic factors seem unavoidably to produce major legal changes. Many
countries offer excellent evidence of this in that regulations ensuring gender equality may be traced directly to
feminist movements. Or, for example sexual minority and gay rights movements’ struggle for legal protection. 11

While the changing legal system reflects changes in society, its structure becomes gradually more defined, and the
role it plays in social life becomes all the more key. It takes on an increasingly vital function in the information
society. In other words, social change may also be affected through the law. The push for environmentalist
legislation is one way in which environmental groups may influence public opinion, and move society along a
course charted by progressive law. The agent behind this change may be the legislature, judiciary, or ordinary
people. Thus, how do people view and react to the effects of changes in the legal system? What hidden causes
drive social change? What will the next social or legal development look like? What impact will it have? What
factors and conditions are instrumental? What factors are likely to be ignored? These questions are at the heart
of this paper.

The legal academy must indeed draw upon the tradition of social sciences survey research to define its own survey
research methodology. In terms of focus and significance, this new methodology will be distinct from that of
sociology, and yet also different from government opinion polls and bureaucratic statistics. This is one way of
countering a long-standing overemphasis on legal dogmatics and its limitations. And, it is necessary to explore
other avenues for the accumulation of concrete experience related to empirical legal studies. This would not only
be a significant achievement for scholarly research and the development of new theory, it would moreover
contribute greatly to the policy-making activities of the executive and legislative branches as well as the practice
of law.

The cause and effect relationship between law and change is very difficult to identify because the ability of law to
produce change is probabilistic, contingent and sequential because even though some changes can occur, other
factors such as the morality and values of society affect the efficacy and time lag of laws in causing change. On
certain issues like truth, individual liberty, etc., a shared morality and shared values are essential to unify the
society. However, not all values are essential and those should be able to change. To cause change, a law should
be supported by the society. Its efficacy in change is limited on moral issues in society. Examples are the
ineffectiveness of laws prohibiting adultery, homosexual marriage or sexual abuse. The laws prohibiting many
drugs, especially marijuana, have been called the “new prohibition” to underline similarity with laws prohibiting
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alcohol usage. It seems that laws on important drives are more difficult to apply than those on less compelling
drives. Marijuana is seen a source of pleasure for many people therefore control should be imposed only against
polluted merchandise. Morris Grinsberg suggests that laws should deal only with acts that can be precisely defined
and with external observable acts; and the laws should as far as possibly respect privacy.

Thus, laws most likely change external behavior, which are consequently later on followed by changes in attitudes,
values and morals. So the range of the “external” is enlarged and sometimes affects personal preferences and tastes.
In contrast, William Graham Sumner said that laws can regulate only behavior and not values, morals and attitudes.
Examples are laws asserting equality for blacks which were not accepted by whites for many generations. On the
other hand, this law that required change in behavior has gradually changed attitudes too. Today, the idea of racial
superiority is no longer characteristic of whites.

The law can change morality and values under specific conditions. Even though there aren’t enough empirical
studies, it is true that the efficacy of law depends on it adaptation to morality and values if it aims change. 12

V. RESISTANCE TO CHANGE
In most cases laws face resistance by members of society who find different reasons for their resistance such as
their values, customs, or even the cost of change and sometimes because people feel threatened by the change.
Knowing the conditions of change helps in the implementation of laws. The factors that are a barrier to change
are separated into social, psychological factors and all are interdependent.

Social factors
[a] Vested interests
Change is opposed by individuals or groups who fear they will lose their power, prestige or wealth when the new
law is introduced. Examples are vested interests of residents in a community who oppose zoning regulations or
interstate highways, vested interests of faculty in getting research money, etc. Also, the efforts of the Soviet
Union to assert independence of Moslem women against males were opposed by bands of males who murdered
women that obeyed the law.
[b] Social class
In highly stratified societies, people of upper classes oppose changes because they fear losing privileges over the
lower classes. For example in Pakistan people of different classes can go to the same schools, draw water from the
same well etc. generally working class people supports changes while the lower and upper classes resist changes.
[c] Ideological resistance
It is quite widespread. Example: resistance of Catholic Church to laws and legislation on the removal of some
restrictions on abortion and birth control. In 1982 a pill that ended pregnancy within weeks was developed
in France. By 1990s it was available in France, Sweden, and Britain. But protests of antiabortionists and threats of
US citizens no to use products of the company that sold the pill stopped its spread. From 2000 this pill has been
approved in US. Usually religious assumptions, interpretations on power, security are not open to change.

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[d] Organized Opposition
Sometimes individual resistance to change can be organized and channelled into social movements or lobbyists.
Ex: John Birch Society has opposed acceptance and legal protection of pornography. The lack of opposition can
be fatal as the example of Jews who didn’t organize resistance.
[e] Psychological factors
Habit
Habits are behaviors that people are accustomed to and are comfortable with and as such habits resist
change. Customs are collective habits of a society and trying to change them requires a reorientation of values and
behaviors of society. Ex; introducing the metric systemin US was resisted.
[f] Motivation
It is very important in accepting change through law. Some motivations are related to culture and may allow change
and some focus on preserving status quo. Some motivations are universal such as the desire for prestige and
economic gain but if those are threatened, change is resisted.
[g] Ignorance
It is often the cause of prejudice and is related to the fear of the new. For example many individuals assumed
that citrus fruit caused problems to the digestive tract. Once it was proved otherwise, the resistance to citrus fruit
faded.
Selective perception
Even though law is intended to be universal, the perception of people on law is selective and varies with economic,
cultural and demographic variables and also with attitudes, needs and values of people. A change is accepted easily
if it is related to the interests of people and supports their values. For example, in India law provides distribution
of family-planning info and supplies. But many villagers refuse using contraceptives because they think the law
aim to stop birth completely. The laws should be formulated clearly so there in misunderstanding by people.
[h] Moral development
The obedience to law relies highly on a sense of obligation. Moral codes are another factor. Lawrence
Kohlberg defines 6 stages of moral development:

i. Obedience and punishment - involves respect to superior authorities and avoidance of trouble premoral
stage.
ii. Instrumental relativism - people try to satisfy needs by negotiating with others premoral stage.
iii. Personal concordance - people adhere to prevailing norms and comply with the majority.
iv. Law and order - people respect those in authority and focus on doing their duty.
v. Social contract - contracts are used for commitments and people respect them.
vi. Individual principles - include conscience, mutual trust and respect as principles of behaviour.

If this theory is true, the law is limited on the stage of moral development of citizens which should be considered
depending on their social class. If the majority is stages 1 and 2, institutional enforcement is used to maintain order.
In stages 3 and 4 law is more limited and in 5 and 6 even more limited. But this depends on the conformity of law
with beliefs and values of society. 13

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Justice is a concept that is based on equality, righteousness, ethics, morality, etc. This concept states that all
individuals must be treated equal and the same. The term justice is a huge part of law and almost all aspects of law
are based on this concept. The term as a part of law suggests that law must be right and equal for everyone;
irrespective of caste, religion, ethnicity, creed, etc. Everyone must have the same rights as another. In many
countries, justice if often represented using a blindfolded lady with a set of scales in her hand. In some countries
such as the US, there is also a sword in her hand. The blindfold is used to depict the irrelevance of the cast, gender,
etc. while the scales is used to represent the equality in weighing competing claims in each hand. The sword is
used to symbolize the court's coercive power. Law and court are used to implement justice by providing
punishment for law breakers.

VI. SOCIAL JUSTICE: TRANSFORMING LIVES


The individuals and families facing multiple disadvantages do not always get the support they need, when they
need it. Because a range of services is needed to tackle these complex issues there is a risk that people fall
through gaps between different agencies whether it be the local housing office, Jobcentre Plus or the local
health service with no single party responsible for making sure they are working together. And the problems
they face can make it difficult for them to make those links themselves and access the support they need.
There are excellent examples of this type of innovation already happening, for instance in some Community
Budget areas, demonstrating how simple approaches to joining up services for one family can dramatically
improve outcomes and reduce the demands made on individual services.
With the independence of India, a new Constitution was adopted for the country embodying the social
philosophy and economic values towards attainment of an egalitarian welfare State. A separate chapter on
fundamental rights including individual rights and freedoms and a chapter on directive principles of State
policy comprising social rights has been incorporated in the Constitution of India and the Judges have
endeavoured to harmonies the individual rights with the social interests of the community through their
judicial decisions. The function of law is now to resolve the conflict between right of individual and the
interests of the society. 14

The starting point of most discussions of the law is compliance, since the purpose of creating laws and
empowering legal authorities is to establish and maintain social order by regulating public behavior. The issue
addressed by Why People Obey the Law is how such compliance can best be achieved. During the past several
decades the dominant approach to securing compliance has been through the threat or use of punishment that
is, via deterrence. The use of deterrence was ubiquitous at the time this book was written in the 1980s, and it
has remained the dominant approach to maintaining social order into the twenty-first century.

Deterrence strategies are one example of instrumental strategies, which are based upon the assumption that the
primary factors motivating human behavior are incentives and sanctions. In the context of regulation, this vision
leads to a deterrence strategy, linking sanctions to rule breaking, while in the organizational literature it leads
to a view that performance is enhanced via incentives, with desired performance linked to the provision of
rewards.
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One argument in favor of using deterrence as an approach to securing compliance is that it is a strategy that
works. Interestingly, as research has accumulated about the influence of risk assessments on law-related
behavior, this general assertion has been widely qualified. Studies suggest that deterrence sometimes
significantly influences law-related behaviour, and sometimes does not. In fact, one finding of Why People
Obey the Law, as a result typical of studies in this area, is that once other factors are accounted for, there is no
significant influence of risk-related judgments on compliance with law.

Legitimacy was discounted as a factor that shaped compliance. In a widely cited review Hyde (1983) argued
that there was no convincing evidence that legitimacy had behavioural effects. In the absence of evidence of
the efficacy of values such as legitimacy, deterrence seemed to be the only viable approach to managing
problems of social order. 15

This broad theme of no instrumentality has been increasingly articulated throughout the social sciences in the
decades since the original publication of Why People Obey the Law. Those writing in political science and
public policy (Green and Shapiro 1994) and management (Pfeffer 1994) have noted the difficulties of effective
governance via only instrumental approaches.

VII. CONCLUSION

Law serves as a powerful tool for social change by shaping societal norms, protecting individual rights, and
promoting justice. Through judicial interpretation, legislation, and constitutional provisions. Law can address
inequalities, protect marginalised groups, and ensure more equitable society. Landmark case like Kesavananda
Bharati and Bihar Legal Support Society, demonstrate how law adapts to societal needs, safeguards fundamental
rights, and pushes for reforms to areas like legal aid and constitutional integrity. By providing a framework for
addressing social issues, law not only regulates but also fosters societal progress, making it an essential instrument
for bringing about positive social change.
REFERENCES
1. Agarwal, H.O. Sociology of Law and Social Change. Central Law Publications, 2016.
2. Austin, Granville. The Indian Constitution: Cornerstone of a Nation. Oxford University Press, 1966.
3. Baxi, Upendra. Law and Poverty: Critical Essays. Eastern Book Company, 1988.
4. Bhagwati, P.N. "Judicial Activism and Public Interest Litigation." Columbia Journal of Transnational Law,
vol. 23, no. 3, 1985, pp. 561–586.
5. Cardozo, Benjamin N. The Nature of the Judicial Process. Yale University Press, 1921.
6. Dias, R.W.M. Jurisprudence. Butterworths, 2005.
7. Friedman, Lawrence M. The Legal System: A Social Science Perspective. Russell Sage Foundation, 1975.
8. Glendon, Mary Ann. Rights Talk: The Impoverishment of Political Discourse. Free Press, 1991.
9. Jain, M.P. Indian Constitutional Law. LexisNexis, 2018.
10. Krishnaswamy, Sudhir. Democracy and Constitutionalism in India: A Study of the Basic Structure Doctrine.
Oxford University Press, 2011.
11. Menski, Werner. Comparative Law in a Global Context: The Legal Systems of Asia and Africa. Cambridge
University Press, 2006.
12. Pound, Roscoe. Social Control Through Law. Transaction Publishers, 1997.
13. Sathe, S.P. Judicial Activism in India: Transgressing Borders and Enforcing Limits. Oxford University Press,
2002.
14. Savigny, Friedrich Karl von. Of the Vocation of Our Age for Legislation and Jurisprudence. Arno Press, 1975.
15. Seervai, H.M. Constitutional Law of India: A Critical Commentary. Universal Law Publishing, 1996.
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