law and society

1. LAW AND SOCIETY
INTRODUCTION TO LAW 1
LAW 012
CREDIT TO EN. MUHAMMAD UMAR ABD.
RAZAK

2. WHAT IS SOCIETY?
• The term derived from a Latin word ‘socious’ that means
association or companionship – a larger group of individuals
who are associative with each other.
• Society is the system in which people live together in
organized communities.
• It may be defined as an organization of people with a
particular interest or purpose.
• Men and animals are different. Human’s conduct is controlled
through moral standards, religious doctrines, social
traditions and legal rules.

3. Types of society

4. Primitive Society

5. • No organized legal system then. During primitive years, the controls of action were informal.
• Political institutions were simple. The nexus that bind the society was morality.
• Any member of society who breached the norms of the society will be disciplined by way of punishment and social embarrassment.
• There was neither criminal nor prison during primitive years like we have today.
• The community was the right holder and individuals cannot claim any right over the society’s rights. Thus, a hunter will have to share his
meat with his community.

6. Hierarchical Society

7. • Feudalistic society. At the top of the hierarchy is the king who must be obeyed by his subjects.
• Mystical belief was that the king has a divine power or represented God in certain way.
• The king was the owner of the land and could disposes them at his convenience.
• Feudal society was built upon contracts of allegiance between man and man.

8. Market Society

9. • Known as market society as the society is being dominated
by capitalist system and ideology. The main characteristic
of market societies are:
– Based on social contract between equals.
– The society recognizes individual freedom where men
are equal before the law.
– Every person has the opportunity to climb the social
ladder.
– The dominant idea of social justice were the result of
market system.

10. Society in modern times

11. Laissez- faire
• An economic doctrine that opposes governmental
regulation of or interference in commerce beyond the
minimum necessary for a free-enterprise system to
operate according to its own economic laws.
• Non-interference in the affairs of others.

13. Welfare State
• A social system whereby the state assumes primary responsibility for the welfare
of its citizens, as in matters of health care, education, employment, and social
security.
• Few countries that practices welfare state concept: Saudi Arabia, Brunei, Oman,
Kuwait, United States, United Kingdom.

14. • A social system whereby the state assumes primary
responsibility for the welfare of its citizens, as in matters of
health care, education, employment, and social security.
• Few countries that practices welfare state concept: Saudi
Arabia, Brunei, Oman, Kuwait, United States, United
Kingdom.

17. Social Control
• Law is used as one mode to control the society.
• Formal form of control – insufficiency of informal form of
control.
• The use of law as a penal instrument to prohibit and
prosecute criminals – deter crime
• The law prescribes the standard procedures to arrest, the
prosecuting processes and sentencing.
• There is a specialized agency to enforce the control i.e.
PDRM, Immigration, JPJ etc.
• Control via external pressures either positive or negative
sanctions. Negative sanction are penalties/punishment
imposed on those who violate the rules. Example of positive
sanction is promotion, reward, bonus.

18. • The laws enacted by legislature and implemented by court
decisions define criminal and delinquent behaviour as well
as specifying the sanctions imposed for violations.

19. Conflict resolution
• We bound to be caught in the conflict between human. For
e.g. family members, business associates, member of the
public, public with the government etc.
• The use of law to address the grievance among the
members of the society.
• There is 2 aspects in conflict resolution: formalized
mechanism and procedures.
• There are rights and liabilities that should be defended and
enforced.

20. • Meanwhile, there is a designated institution to resolve the conflict:
– Negotiation
– Conciliation
– Mediation
– Arbitration
– Court hearing
– ombudsman

21. Facilitative function
• The use of law to give effect to certain private
arrangements and social relationship, between individuals
and between groups.
• According to Lwellyn, every society has certain basic needs
for e.g. business, housing, consumer product, medical
treatment, education, employment etc.
• The law plays a role to assist those needs above.
• The law provide the framework for the members of the
society to determine their conflict resolution.

22. Basic needs of the
society
Laws to facilitate
the needs
Business Contracts Act 1950, Partnership
Act,
Housing Housing law
Medical treatment Medical Act 1970
Consumer Consumer Protection Act
Employment Industrial Relations Act

23. Integrative Function/ Social Cohesion
• The law promotes and social cohesion. Cohesion refers to
the action or fact of forming a united whole/solidarity.
• “Bersatu teguh, bercerai roboh” is the best way to describe
this.
• Law is used to unite the society. The social cohesion work
across the spectrum in the society. For e.g. family
members, club members, political parties members etc.

24. Social engineering
• Law can be used to steer the social engineering in the
society. The term of “social engineering” derived from
Roscoe Pound where he believed law is an agent for a
change in the society.
• The parliament may legislate a law to regulate behaviour .
For e.g. Sedition Act- to curb sensitive issues such as race
relations, sex equality etc.
• Social engineering laws and policies such as the Federal
Constitution (special rights to the Bumiputras, New
Economic Policy are meant to restructure the imbalance in
the society).

25. Social Change
• Change ? Something that exists that did not exist
previously or the absence of something that formerly
existed.
• Social change ? Large numbers of people are engaging in
group activities and relationship that are different from
those in which they or their parents engaged previously.
• Modification in the way people work, rear a family, educate
their children, govern themselves and seek ultimate
meaning in life.
• Sometimes law has been deliberately used to change
society.
• E.g. : Soviet Union

26. Advantages of using law as an instrument of social
change
• More focus, specific.
• The aims & objectives are clearly stated.
• Binding force, implementation mechanism is in place.
• Legitimacy or validity of such laws.
• To avoid political conflict- war, riot, civil war, coup
d’etat.

27. Social welfare
• Law can also be used to manage various governmental
public benefits such as educational centers.
• Through the concept of welfare state- laws are being used
to achieve social justice, social welfare, eradication of
poverty and economic exploitation.

28. Conclusion
• Law plays an important role in the society. Look around
and name few examples of law that have changed the
society.
• Law can be an agent of social change to reform the society.
(from primitive to market society).
• The society may adapt to changes by amending the law
according to circumstances and times.