Sociology of law can be explained as the study of law on society, such laws some of which are made by society itself and some which are made by the government.
A great sociologist Montesquieu described the laws made by different societies and compared them in accordance with geographical and social conditions of these societies.
One of the sociologists, Marxist scholar Karl Renner examines how changes in the economic structure of capitalist society changes and regulate property, contract, and succession, yet without necessarily altering the formulation of the legal norms themselves which thus come to obscure the significant social relationships of developed capitalism.
H.S Maine in his Ancient Law compared static and progressive societies and argued that civil laws are made considering the family as one unit and not the individual.
Emile Durkheim explained the concepts of repressive and restitutive law. The repressive law is such laws which are applied to whole society and hence on a single individual also, therefore make him responsible for society and thus impossible for him to get separated from society while a restitutive law is applied on a single individual and on his personal life thus separates an individual from society.
Hobhouse explains the responsibility of an individual towards the law and-and the influence of increasing class differentiation until recent times.
Moreover, theories of laws can be classified into two categories.
- Juristic view:- view which defines it as the command of the sovereign or the dictates of the state
- Sociological view:- view which defines law as the rules of right conduct
Today’s definition of the law states that laws are born from the bills which are passed in parliament and then with the majority of both the houses becomes a law. These laws are executed by executive action.
There are also such laws, which are made or constructed by a society for their members. Constitution lay no restriction on any religion. No society is restricted to make and enforce, within it, its law which it considers appropriate. For examples marriage should be done within the caste, no dowry must be given or taken and likewise other rules.
Law and sociology and a reason for the creation of law
Law is considered as a formal means of social control, when the world was in “the state of nature” people were highly violent greedy and covetous and hence they committed various crimes and since the only law that prevailed then was the “natural law’ the punishments giving by the people were generally bias and unfair hence it leads to the creation of a new now much more formal method of social control which was the formal current day law. Law can be considered the king the governs the society to have a just and ethical behavior with basic values and protection of rights of life, property, and liberty.
Purpose, relevance, and prevalence of law:
Law was created to serve the sole purpose of control of various activities of the human life it deals with maintaining discipline in all fields one deals with like economics, society, work, family and various other relationships. It is believed that the human being is a bias being and hence needs to be controlled for the welfare of all and for the sustenance of society. Law serves the purpose of providing justice and maintaining peace and harmony in the society that it controls.
Law has major relevance to the present day as it is observed that as each day passes the number of cases pertaining crimes is constantly increase making proper and efficient legal systems and updated laws the need of the hour to maintain peace and also reduce the number of crimes.