Law as an instrument of social engineering

LAW AS AN

INSTRUMENT OF

SOCIAL ENGINEERING

WHAT IS LAWLaw is a set of rules and

regulations. It tells us what to do and what not to do. It also tells

us about our fundamental rights and duties. It provides us

protection & equality. Every state or nation has it’s own law. Everyone has to follow the law

and who doesn’t follow it, is punished by the law.

SOCIAL ENGINEERING

Social engineering is a term that describes non technical kind of intrusion that relies heavily on human interaction and often involves tricking other people to break normal security procedures.

Another aspect of social engineering relies on people's inability to keep up with a culture that relies heavily on information technology. Social engineers rely on the fact that people are not aware of the value of the information they possess and are careless about protecting it.

Why Law Is Needed In Society

• Law is important for a society for it serves as a norm of conduct for men .

• It was also made for the proper guideline and order upon the behavior for all men and to sustain the equity on the three branches of the government.

• Law is important because it keeps society running.

• law is important because it acts as a guideline as to what is accepted in society.

What Would Happen If There Are No Laws• Monarchy

• More chaos

• No police

• No govt.

• More crimes.

• Society would break down.

• Without law it would be survival of the fittest and everyman for himself. Not an ideal lifestyle for most.

• Without it there would be chaos and conflicts between social groups, society, construction, etc. Laws are everywhere and it is pivotal that we follow them.

• Then the world would be unsafe and there would be no order in society.

• Law can be said to be an instrument for social engineering in different ways, first; as a means of trying to control human behavior with the emphasis of law.,secondly; and also to predict the actions of people in the relation to commit crime.

• LAW is meant for social change through various legislation. many social evil has been removed like untouchability.

• Law is one aspect of "formal social control" which is based upon legal enforcement. Formal social controls are used when "informal social controls" don't provide social order. Informal social controls consist of interpersonal reactions such as a smile, frown or ridicule which are used in order to reinforce societal norms onto a group or individual.

ROSCOE POUND’S THEORYRoscoe pound is regarded as one of the most important

American sociological jurists of twentieth century. He gave the ‘THEORY OF INTERSESTS’ which describes law as social engineering.

1). Pound’s twelve conceptions of What Law Is

2). Law as Social Engineering

3). Theory of Balancing of Interests

4). Law as Purposive Functional and Need-based

Interests

According to Pound there are three kinds of interests :-

1. Individual Interests

2. Public Interests

3. Social Interests

Twelve conceptions of What Law Is

1. Idea of divinely ordained rule or set of rules for human action. Ex. Mosaic law.

2. Idea of law as a tradition of the old customs which have proved acceptable to the gods and hence point the way in which a man may walk with safety.

3. The recorded wisdom of the wise men of old who had learned the safe course or the divinely approved course from human conduct.

4. Philosophical discovered system of principle which express the nature of the things, to which therefore, man ought to conform his conduct. Ex. Roman juris consult.

5. As body of ascertainments and declarations of an eternal and immutable moral codes.

6. In democratic version, law is As body of agreements of men in politically organized society as to their relations with each other.

7. It distinct human beings from rest of creations as it considers them moral entities.

8. A body of commands of sovereign authority in a politically organized society as how men should conduct themselves therein, resulting ultimately on whatever basis was held behind the authority.

9. A system of percepts discovered by human experience whereby the individual human will may realize the most complete freedom possible consistently with the like freedom of will of others.

10. As a system of principles, discovered philosophically and developed by juristic writing and judicial decision.

11. As a body of rules imposed on men in society by dominant class for the time being.

12. Idea of law, as made up of the dictates of economic or social laws with respect to the conduct of men in society, discovered by observations, expressed in percepts, worked out through human experience of what would work and what not in the administration of justice.

Law As Social EngineeringLaw is a body of knowledge and experience with the aid

of which a large part of social engineering is carried on.

It has rules, principles, conceptions and standards for conduct and for decisions, but it has also doctrines and modes of professional thoughts.

He says, “like an engineer’s formulae, laws represent experience, scientific formulations of experience and logical development of formulations; also inventive skill in conceiving new devices and formulating their requirements by means of a developed technique”. This is his “Theory of Social Engineering”.

By ‘social engineering’ Pound means a balance between competing interests in society for the greatest benefit.

Law should procure the greatest good of the largest number in society.

Positive law should be such that it suits the need of time; it should effect a compromise of conflicting interests.

Law is not based on absolute ideas, insofar as it is positive law.

It is reflection of a culture of a given community.

It varies with time and with the views of generations.

Pound lays down a method which a jurist should follow for ‘social engineering’.

The jurist should study the actual social facts of legal institutions and legal doctrines, study the means of making legal rules effective, sociological study in preparation of law-making, study of judicial method, a sociological legal history and the importance of reasonable and just solutions of individual cases.

Law as Purposive Functional and Need- Based

Pound’s concept of law is of practical importance which inspires judges, legislators and jurists to mould and adjust law to the needs and interests of the community.

Since the society is always changing law should be continually adapted and readapted to the needs of individual and society. He therefore stresses the need for cooperation between legislators, administrators and jurists.

They should work in unison towards the realization and effective implementation of law for securing social harmony and social justice to the general public.

Summary

Society is governed by some laws. Without laws it like a group of wild animals. Laws play important role in it’s maintenance. That’s why we can say that ‘ law is an instrument of social engineering’.