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  • Essay / The law is a social construction - 834

    “The more civilized a man becomes, the more he needs law and the more laws he creates. The law is therefore only a response to social needs. “Law is a social construct, which results from various external social influences such as culture, history, politics, economics and power. It describes the society in which it exists as well as the ideologies. and the values ​​of a society which are embodied in the form of rules and principles of law. Law constructs a framework for society, based on the goals, interests and understanding of the members of that society, that is, it reflects the ideals, ideas and ideologies of a legal system distinct. culture. In ancient times, traditional societies relied primarily on customs as a source of rules and regulations, resolving their disputes through mediation and conciliation by experienced elders or by adopting a common morality of divine authority. societies are becoming more and more complex. People focus only on their personal interests rather than striving to achieve common goals. This in turn has led to increased conflicts and disputes in society. Therefore, for the development of society, a legal, formal and political approach is necessary. A universal system must be established, capable of dealing with matters that cannot be resolved or dealt with by natural, customary or religious law. Thus, over time, lawyers and sociologists began to understand the complexity and relationships between law and society. American scholars have discovered how the relationship between law and society involves a wide range of disciplines like science, politics, linguistics, history, philosophy, etc. These writings further influenced legal and social scientists and resulted in the birth of social jurisprudence... middle of article ...... primarily on the identification and resolution of problems of their clients, while social scientists approach a problem with an open mind, considering all the evidence on proportion. Lawyers are guided by precedent and old decisions while sociologists believe in the creativity and ingenuity of research. Law focuses on do's and don'ts, while sociology deals with the notion of why people act the way they do. Law is limited to details while sociology explores the horizons of various issues. But in a broader scenario, the sociological perspective describes law instrumentally. The law provides the tools, resources, symbols and languages ​​useful for the construction of social order. The study of law and other social science specializations are closely related and should be studied together. Citing both Aristotle and Kant, this law is an embodiment of collective social life.