1. Law and Society
Academic Staff College,
Kannur University,
Kerala.
S. G. Goudappanavar
9880525605, gouri@gmail.com.
Bagalkot, Karanatak.
2. Law and Society:
Plato’s version-429-348 B.C.
Law is one of the means to social
control.
Plato’s the state of Republic is an
executive state, governed by the free
intelligence of the best men rather than
by the rule of law. Justice is to
administered “without law”.
Plato said law is always imperfect.
Justice administered without law.
3. Law and Society: Plato’s version.
Plato admitted it is difficult to get man of
highest wisdom to built utopia state.
He prepared for second alternative state with
law in his The Laws.
3.
4. Law and Society:
Aristotle’s Version384-322.B.C.
Student of Plato. Postulated a state based on
law as the only practicable means of achieving
the “good life”. Even the man who is eminence
in virtue must rule the state with law.
Man he explained “when perfected is the best of
animals, but isolated from the law and justice
he is the worst of all.
4.
5. Law and Society:
Aristotle’s Theory of law
Rightly constituted laws should be the final
sovereign.
Reason alone should rule not man should rule
because reason is free from all kind of passion.
Imperfection of law can be cured by principle of
equity.
5.
6. Law and Society:
George Hegel 1770-1831.
History unfolds evolutionary which is dynamic
process. That is of dialectic process.
thesis-anti-thesis-synthesis.
Purpose of dynamic process is realization of
freedom which can be fulfilled only under law and
state.
6.
7. Law and Society:
George Hegel
Realization of freedom is long and complicated
procedure that is purely based on reason.
Human being is born free and leads his life for
realization for freedom.
Law is chief instrument devise based upon reason
to secure freedom.
Reality emerges from the idea.
7.
8. Law and Society:
Karl Mark.1818-1883.
Karl contrast Hegel, history unfolds from good to
worst.
Primitive society perfect state of nature.
Bourgeois state is replaced by Proletarian
dictatorship state through revolution.
Society is built upon super structure of
economics.
8.
9. Law and Society:
Karl Mark.1818-1883
Law is instrument of exploitation by rulers
against mass poor people.
Law and state is the mask of rulers to protect
their own selfish interest.
once goal of socialism is realized (Classless
society)- the state and law withers away.
9.
11. Justice.
Justice
is difficult to define.
Justice is either absolute or relative.
Plato’s justice- performing his duties.
Class Society-human being-golden spoon-sliver
spoon-copper spoon.
Plato-Justice should be administered without
law.
11.
12. Components of Justice.
Aristotle
distributive and corrective
Justice.
Equality.
Liberty.
Security.
Change.
12.
13. Equality.
Equal distribution of all rights, liberty,
obligation, liability to every human being
without discrimination.
Two school of thoughts-Man is equal, other,
Man is unequal.
Man is equal ideology, unequal is fact.
Inequality can be minimized but absolute
equality is impossible to achieve.
13.
14. Liberty.
End of law is not to abolish or
restrain, but to preserve and enlarge
freedom.
Man is born free.
Law should not interfere with action of man
unless it is harmful to others-John Stuart.14.
15. Liberty.
Liberty includes even action which are harmful to
himself-Stuart.
Liberty is not what man pleased to do but what law
is permitted.
Absolute liberty leads for anarchy.
15.
16. Security.
Photo of man during Godhra violence in 2002
pleading for his life.
Peace and harmony in the state is foremost.
Law is evil, security always at the cost of
liberty.
Equality, Liberty, are dependent on security.
Three components are important but their
priority is determined by the situation. 16.
17. Stability.
Doctrine of legitimate Expectation is important
function of law.
Man’s future plan much depends upon the
expectation provided by the law.
Frequents changes of law unsettles the
legitimate expectation of people.
17.
18. Social Change.
Change
is permant nothing else.
Law is instrument of social change.
Either Public Opinion changes law or
Law changes Public Opinion.
18.
19. Law and Ethics.
Ethics
is also one of the means of
social control.
Ethics is border than law.
Ethics
regulates every activity of
human being, where as law regulates
only those acts which effects interest
of either himself or others.
19.
20. Law and Ethics.
Law comes with sanction where as
ethics is without sanction.
Law and ethics some time may go in
same direction or opposite direction.
20.
