November 26, 2020

Law and its Relationship

Law:

The existence of law presupposes a community. Implicit in the notion of community is the acceptance of a set of values dealing with the fundamental issues on which the existence of that society depends. There must be an agreement because otherwise men cannot act together effectively. The community after reaching a certain stage of development sets up a legal order which determines the methods by which law is to be created, declared and enforced. This machinery is naturally used by the most strongly organized section in order to affect their ends. Law is never ideal justice, but human justice defined by those who control the machine.

The concept of law being dynamic, it changes with the evolution of society under different socio-economic and political conditions. Different systems convey different meanings and ideas like the word of the term “law” in Hindu system is “Dharma”, in Islamic system it is “Hukum”, in Roman it is “jus” and so on for different systems prevailing in this world, that’s the main reason that there is no defined way to define law in a proper order.

As discussed above it is seen that law prevails differently in different systems, but a major add on to this point is that law is an essential feature for understanding different subjects, which kind a create a relation between the two, lets understand the affairs (being a little sarcastic) of law with different subjects.

Law and Political Science:

Political Science is concerned with the theoretical explanation of political reality, namely the phenomenon of the State. It attempts to discuss the forms of political organization and logical justification of the State. It studies the relationship between the State and the individual. The most important subject in Political Science is State. The State organizes the society to certain rules and regulation called the Laws. Laws are the policies that regulate the relationship between the state and the citizens. It also describes the process of Law-Making. The Political Scientist measures the success of the government policies by looking at the system of law and justice. The study of law is related to Political science in the following areas: Law of Contract deals only with State-made laws, Administrative Law keeps a check on permanent executive, Constitutional Law is the fundamental Law of land which describes the organizations and the functions of the government. The constitution, however is made by the constituent assembly which is a political body. The data generated by Political scientist helps in formulation of public policies and Laws. Law gets shaped and reshaped due to political processes and activities. Shaped-Legislation, Reshaped-Amendment. A law is valid only if it is passed by the state. Politics whose main actors are the politicians have two important roles to perform: first the Law-givers in enacting the Constitution and in writing the Constitution. Second to maintain the legal system by adhering to Universal principles of justice. So, both are interdependent on each other.

Sociology and Law:

Sociology is the youngest of all the social sciences, the word sociology is derived from the Latin word ‘Societus’ meaning society and the Greek word ‘logos’ meaning study or science. The etymological meaning of sociology is thus the ‘science of society’. It is the study of man’s behavior in groups or in the inter-action among human beings, of social relationships and the processes by which human group activity takes place. Thus we can say that the sociology gives us complete picture of society. If societies are based upon agreed upon laws, the they are very much interrelated subjects. They are symbiotic, interwoven, interconnected. When someone commits a crime against another person or their property, they will have to face the consequences of the court of law. Even amongst members of a tribe, there are laws that may only be verbal, or perhaps not even as formal as that. They are followed because children see them in the form of examples as they grow up. Within each tribe, culture or society, some form of punishments is enforced when a cultural norm is broken.

History and Law:

History as a discipline inquiry into the experiences of people who lived in the past. In a broad sense history is a systematic account of the origin and development of humankind, a record of the unique events and movements in its life. It is a study of traces or evidences of the past that we have managed to discover or are available at our disposal. History and Law are closely related to each other as the knowledge of the former without the latter and the latter without the former is difficult to comprehend. As if one wants to become master in the present, he/she should have full understanding of what happened in the past to use that knowledge in the present and become master as law is traced from history. History and Law share same type of methodology. The relation between law and history is like a lawyer without the knowledge of history becomes a mechanic and with the knowledge of history the mechanic becomes an engineer.

Conclusion:

To conclude, Law binds a person to follow the rules and regulation as prescribed by the states which is followed by the past happenings, just to protect the human from treacherous activities which may prevail in the society if there were no law.

Author Details: Aman Goyal (Vivekananda Institute of Professional Studies, New Delhi)

The views of the author are personal only. (if any)

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