LAW AS AN INSTRUMENT OF SOCIAL CONTROL

1.1 Legal Method

Submitted By- Omkar Upadhyay

UID- UG 18-58
B.A.LL.B. (Hons.) I Year- 1st Semester.
Submitted to- Dr. Himanshu Pandey
(Assistant Professor of Law)

MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR

 CONTENTS
TOPIC PAGE NO.
INTRODUCTION……………………………………………………………………. 3
AIM………………………………………………………………………………….. .4
OBJECTIVE………………………………………………………………………….. 4
RESEARCH QUESTION…………………………………………………………..…4
RESEARCH METHODOLOGY…………………………………………………...…4
LAW :AN INTRODUCTION……………………………………………………..…..5
SOCIAL CONTROL…………………………………………………..………………6
LAW AS AN INTRUMENT OF SOCIAL CONTROL…………………………….…8
CONCLUSION……………………………………………………..…………..……..11
BIBLIOGRAPHY……………………………………………………………………...12

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 INTRODUCTION-
The following project analyses and evaluates law as an instrument of social control and the
role it plays in governing the society. The research project also explores various types of laws
such as criminal laws, customary laws, international laws etc. and tries to find out how they
are significant in controlling the behaviour of man in the society. The researcher proceeds by
giving a brief overview of what law is and then gives his understanding of social control in
reference of prevailing conception of the same.

Law is the most important instrument of social control or we can say most important formal
means of social control. Law does this by clearly defining rules, rights, regulations and duties
for the members of the society. It prescribes the procedure to be followed by every member
of the society, violation of which would lead to punishment which is also prescribed by law.
In this sense punishment is the major way of controlling the actions of individuals.

Before laws came into existence or came to be recognised, it was the customs, traditions and
beliefs which played the role of controlling society. These were the informal means of
control. As the time passed it were the king’s orders which took this role and ultimately when
city states and states started to emerge the existence of codified laws, made by the sovereign,
were witnessed.

A number of laws have been enacted governing food handling, traffic, education etc. which
has made the soceity more manageable. Law exercises a powerful influence upon the
behaviour of modern societies. This is because today’s societies are much more complex and
earlier ways of controls i.e. the informal means are no longer sustainable. Thus law is and
will always be in near future, probably the best or at least the most efficient instrument of
social control. These claims would further be dealt in the course of this research project.

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AIM-

The aim in mind while researching on the given topic is to know how and why is law an
instrument of social control .The researcher would also like to study the role of various types
of laws and would like to know their role too. Also the researcher aims to find out the
relationship between law and society and how this relation affects each other.

OBJECTIVE-

 To know the meaning of social control.

 To find out the relationship between law and functioning of society.
 To know how law serves the purpose of acting as an instrument of social control.
 To find out how various types of laws such as criminal law, international law etc. are
helpful in regulating social behaviour.

RESEARCH QUESTIONS-

 What is the meaning and nature of law?

 What is the meaning of social control and what are its types?
 How can law be seen as an instrument of social control?

RESEARCH METHODOLOGY-

The researcher has primarily used the doctrinal method of research which includes study of
sources such as journals, articles, books, research papers etc. This method is adopted because
of it being suitable to the topic of the research project and also through this method authentic
data has been made available to researcher. Several articles of different writers relating to the
subject were considered. Also, several other research papers of different scholars on this
subject were read and useful data were taken from them.

1- LAW : AN INTRODUCTION

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 Law is a system which provides the rules and procedures to govern the behaviour of the
society and this it does through social institutions. Through this it shapes the working of
the society in various ways and to a great extent. For instance law of contracts, through
defining duty of care, regulates every contractual relations such as that of a customer and
seller, service relations and many such. Similarly criminal laws ensures that those who
violates or disturbes the order in the society. Constitutional law provides the framework
for the creation of these rules.

Law maybe understood differently by different people. A layman may perceive law as
simply rules made by legislature or judiciary. Academician may think of it as a subject to
be taught in class like any other subject. A lawyer would see law as the judgements of the
apex courts, the principles laid down by court and the ratios of the judges. A politician
may regard law as a way to address the problems of the society. Thus , it could be said
that law varies from person to person, perception to perception.

But the most accepted connotation of law, at least in India is the definition as mentioned
in article 13 of Indian Constitution which is as follows: In this article, unless the context
otherwise requires law includes any Ordinance, order, bye law, rule, regulation,
notification, custom or usages having in the territory of India the force of law; laws in
force includes laws passed or made by Legislature or other competent authority in the
territory of India before the commencement of this Constitution and not previously
repealed, notwithstanding that any such law or any part thereof may not be then in
operation either at all or in particular areas1.

Ultimately, however the function of law can be conclusively said to be as the facilitator of
interaction in the society and as a controller of the functioning of the society. Whichever
may be the branch of law, either criminal or civil, public or private, the ultimate aim is the
same i.e. smooth functioning of the society through social control. All the laws deal with
the same issue but it is the jurisdiction which differs. They may seem confusing but they
form the basis of the society.

2. SOCIAL CONTROL: MEANING AND NATURE

1 Article 13(3), CONSTITUTION OF INDIA, 1949.

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 For understanding the meaning of social control, we first need to get familiar with the
meaning of the word “society”. Society means a collective group of individuals, living in
vicinity and are mutually dependent on each other 2. Thus generally speaking social
control is nothing but control over the society , over the individuals. It refers to societal
and political mechanisms or processes that regulate individual and group behaviour to
maintain a normative social system. It refers to all the ways and means by which society
enforces conformity to its norms.

Sociologists identify two basic forms of social control:

INTERNAL CONTROL-

Internal control refers to the internalisation of norms and values by a process

described as socialisation. Socialisation is defined as, “the process by which an individual
born with behavioural potentialities of enormously wide range, is led to develop actual
behaviour which is confined to the narrower range, of what is acceptable for him by the
group standards3”.

EXTERNAL CONTROL-

It includes mostly the external sanctions which may be either positive (rewards) or
negative (punishment). The sources of these sanctions are mostly the established political
and governmental institutions.

Apart from this classification social control means could also be differentiated as Formal
and Informal . Informal means include : norms, values, folk ways, custom, believes,
ideology, religion etc. Formal means of social control covers : education, law and
coercion.

INFORMAL SOCIAL CONTROL-

It refers to the social values that are present in individuals or in society. These are not
explicitly mentioned anywhere or we can say they are not formally codified. These
influences individuals of the society to a great extent. Even if there are no laws these
means would always be present in the society. Norms and values are rooted in the
institution.

2 http://www.yourarticlelibrary.com/sociology/social-control-the-meaning-need-types-and-other-details/8533
(visited on 07/10/2018).
3 Lindzey and Gardener, HANDBOOK OF SOCIAL PSYCHOLOGY,1st ed., p.655.

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 Informal means may also include shame, ridicule criticism and disapproval4. The informal
means rewards or punishes and individual considering his/her behaviour in society.

FORMAL MEANS-

As society evolved and societal relations became complex the informal means proved to
be insufficient . The crimes became more serious and new forms of crimes such as rape,
extortion etc emerged and informal means such as banishment and public shaming seems
to be inadequate to apply to these wrongs. The formal means usually take the form of
government action. Government and other political instruments use law enforcement
mechanisms and other formal sanctions such as fines and imprisonment.

3. LAW AS INSTRUMENT OF SOCIAL CONTROL

4 Livesay and Chris, INFORMAL SOCIAL CONTROL(article), 2007.

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 Among all the prevalent formal means of social control, law has proved to be the most
effective instrument of social control. It has replaced traditions and customs, prevalent in
the primitive societies, as the means of social control. In a civil society, works and duties
of every citizens are properly listed down. They are obligated to adhere to these. These
rules are laid down by or are the results of the laws enacted by the institutions designated
to formulate them. Laws are uniform for every member of the society and any disregard
to it calls for penalty5.

What were earlier mores6 and customs have now become laws. Some laws do not evolve
organically but are created by enactment in legislatures or by rulers. Sometimes law is
seen as an instrument of constraint to keep people from evil or damaging behaviour, but it
is a provider of framework within which the citizens could organise their relations with
one another in such a manner as to make their co existence peaceful and mutually
profitable or beneficial7.

There may be contrary views regarding law as an instrument of social control such as
when laws are noticed in breach more than in enforcement. Also there may be situations
when enforcement of the Law in some cases does not necessarily prevent the occurrence
of some crimes or evils which the Law intends to prevent 8. But inspite of all these, law
has been able to justify its role as a maintainer of social order.

Various branches of law functions differently in its aim to establish social control but the
ultimate aim remains the same. Some of the branches are discussed below:

1. CRIMINAL LAWS:-

5 Lon L. Fuller, LAW AS AN INSTUMENT OF SOCIAL CONTROL AND LAW AS A FACILITATION OF HUMAN
INTERACTION, 1975.
6 the essential or characteristic customs and conventions of a society or community.
7 Lon L. Fuller, LAW AS AN INSTUMENT OF SOCIAL CONTROL AND LAW AS A FACILITATION OF HUMAN
INTERACTION, 1975.

8 Chigozie Nwagbara, THE EFFICACY OF THE LAW AS AN INSTRUMENT OF SOCIAL CONTROL IN NIGERIA,2015.

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 A crime is a deviation from the social norm. it involves causing unjust harm to another
person against the established laws9. The wrongdoers, if left unchecked would disturb the
order of the society. For the purpose of controlling these violent behaviours the criminal
laws are made enforceable which keeps check on these kind of persons and punish them
through sanctions or imprisonment, based on the magnitude of crime, thereby regulating
their behaviour in favour of the society. Among all the branches of law Criminal laws are
the most effective means of societal control. Earlier in the days punishments for crime
included banishment or outcasting of the offender or his public prosecution. But the
situations have changed an after the proper codification and development of law more
suitable and elaborative forms of punishments have been introduced. These punishments
are nothing but instruments of social control as if the people or the members of the
society are well aware of the consequences of their wrongful act, the possibility of them
commiting crimes gets significantly reduced and ultimately social control gets
established. Thus criminal laws are way of controlling the behaviours of deviant
individuals.

2. CIVIL LAWS AND CONTRACT LAWS -

Civil laws relates to laws governing the matters related to civil nature. It also includes
cases of fundamental rights violation . The judiciary or other institutions provides
remedies in case of violation of civil rights of an individual . This they does by extracting
damages from the wrongdoer. Thus they also plays the role of means of social control.

As far as the law of contracts or contract laws are concerned, they facilitate interaction
between the members of the society. It sets out the duties and obligations to be followed
by the parties of contracts and the breach by either of the party would lead to a civil cause
of action . The law of contracts thus by setting out the obligations governs the behaviour
of the society.

3. DIVINE LAWS –

The divine laws have always been a source of authority which have ruled or governed the
actions of the members of the society. People have always feared the punishment from
supernatural force and this fear have always kept them under control. Religion has always
been a coercive force to guide the behaviour of the members of the society. The divine
have been revered and will always be revered and seen as the source of authority and his
9 https://www2.palomar.edu/anthro/control/con_2.htm (visited on- 08/10/2018).

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 rules are seen as concrete obligations which are binding in nature. Divine laws may come
under both formal and informal means of social control.

4. INTERNATIONAL LAWS –

International laws plays an important role in regulating the behaviour of different

countries in the world . The world bodies such as UN and WTO impose sanctions on
those countries which violates the international norms and rules. It also lays down the
accepted behaviour that the countries are supposed to follow in the international arena.
Thus law not only governs or controls society within the territorial boundaries of the
nation but also outside the territory of the nation i.e. the world.

5. CUSTOMARY LAWS –

Customary law is unofficial law in short. It is the long-established customs (standards of

community) of a particular place or locale that the general law regards as a legal
practice10.

These are the best examples of informal means of social control which have been long
accepted by the society and is the most prevalent one. The customary laws differ from
society to society , from cultures to cultures. Though they seem to be inadequate in
accordance with present needs but still they are important and revered .

CONCLUSION

10 www.businessdictionary.com/definition/customary-law.html. (visited on 03/10/2018)

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Law has always been regarded as something which the legislators use to frame the
policies of the government or to punish the criminals or as a way of enforcing contractual
obligations. But if we see law with a broader sense then we can observe that the ultimate
aim of law is to maintain social order or we can say that it serves as an instrument of
social control. Ever since the inception of an organised society law has been, either
formal or informal, mean of social control. The control of law is the control of
administrative power which is vested in government officials. Law exercise control over
the behaviour of people by preventing conflicts the members of the society.

A statement of Ross precisely sums up the above research project which goes as follows:
“law is the most specialised and highly furnished engine of social control employed by
society. The state enacts laws to control behaviour of individuals in the society”.

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 BIBLIOGRAPHY

BOOKS:-

 Lon L. Fuller, LAW AS AN INSTUMENT OF SOCIAL CONTROL AND LAW AS A

FACILITATION OF HUMAN INTERACTION, 1975.
 Roscoe Pound, SOCIAL CONTROL THROUGH LAW, 2nd ed., 1997.
 Lindzey and Gardener, HANDBOOK OF SOCIAL PSYCHOLOGY,1st ed.,1985.

ARTICLES:-

 Chigozie Nwagbara, THE EFFICACY OF THE LAW AS AN INSTRUMENT OF

SOCIAL CONTROL IN NIGERIA,2015.
 Livesay and Chris, INFORMAL SOCIAL CONTROL, 2007.

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