The Law and Aspects in the Society - Literature review Example

Law: The Law and Society The Law and society When it comes to the law and society, different aspects have tobe put into consideration. The two are directly related in many aspects, but with the continuous change of both sides, it is easy for either law or society to change leaving the other behind. Changes in federal and state legislation all contribute to changes in the law. On the other hand, cultures, environment, time and many other aspects are continuously contributing to change in the society. Despite the changes in each of these factors, it is clear that when the law changes, the society has to adopt and when the there is a social change; the law also has to adjust to accommodate the change. In the study done by Newman (2011), he established that over time, there are several aspects in the society that lead to significant changes in the law. Scholars with similar opinions and findings also asserted that social change has a strong hand in influencing the law. In their text Grana, Ollenburger, and Nicholas (2202), they state that in a similar fashion that the society fluidly shifts in nature, so does the law shift in similar manner, and this is because the society and our culture shape the law. Such findings, together with other research reports from different scholars have led to the concept of ‘custom is a principle of law’ (Newman, 2011). The modern society has influenced a lot of legal changes in order to protect the people, in areas such as insurance, work terms and conditions, pensions, climate change, and utilization of technology (Edelman, Leachman, & McAdam, 2010). Contemporary society is changing at an even faster rate with the ease of access to information and globalization; therefore, it takes the law time to change and adopt. Research has even shown that, the time taken to create a balance between the law and society could be short for example years or longer such as over decades or centuries (Smith, 2010). One subject matter where social change took place over time leaving the law to lag behind has been the development of computer technology and cyberspace access. The law is undertaking a series of changes in order to adjust to the current social addiction computer technology and cyberspace access (Hughes, 2010). Significant change in the society is often faced with both positive and negative outcomes, and it is the place of legislators to come up with laws and policies that will instill a peaceful and regulated co-existence within the society amid the several changes that might have taken place. The societal change brought by computer technology and internet access has inspired both the federal and state levels of legislation, prompting for urgent change and creation of new laws that can safeguard the rights and freedom of people (Lum, Figliola, & Weed, 2013). With a focus on the cyberspace access, it is clear that the internet has brought with it a various distinctive features that specifically shape and moderate criminal activities in cyberspace (Hughes, 2010). The previously established structures of the criminal justice system tend to lag behind when it comes to these features. With such loopholes, society has therefore suffered a great deal following attacks and exploitation through the use of the internet. One major limitation of the slowed response to this change has been, and previously the law governed various institutions in accordance with political, established social norms and economic boundaries of a nation. Agencies such as the police, meant to uphold the rule of the law were also restricted to local boundaries (Mendel, Puddephatt, Wagner, Hawtin, & Torres, 2012). This is has led to the development of cybercrime, with the offenders making use of these loopholes and lapses in the law to target, harm and exploit victims both locally and across the border. With various nations working together in order to strengthen INTERPOL and Europol agencies, the cybercrime criminal are also developing other sophisticated means of attack that are done on a large scale under organized crime units (Hyman, 2013). For the past two decades globalization has been a social change and the change has been fast and abrupt. However, legal bodies, battle with various issues on a daily basis and each time an issue arises it leads a process of research, understanding and development or adjustment of the legal system in order to safeguard the rights and freedom of people (Edelman et al., 2010). There are now laws controlling the local and international use of the internet. Countries are also trying to collaborate in bringing down the various organized crime units that have exploited the proliferation of the internet to harm the society. Newer laws are also being drafted at national or state level to govern the use of the internet towards social interaction, whereby the abuse of various freedoms such the freedom of expression was largely misinterpreted by social media (Hyman, 2013). Despite the drastic and substantial change that the internet has brought to the society, the law is slowly catching up and it could potentially put in place various guidelines and policies that will later direct which direction societal change will take. On the other hand, it happens that the law over the years has also been substantially used as an instrument for driving change into the society. Various scholars refer to the law as an instrument utilized in accomplishing reality in the society, other contrast this view by citing that the law is a reflection of the society (Licht, 2008). With a short focus on the Asian and European history, we can identify that the law plays a key role in shaping their societies. Take for example in Rome, legal decree played a major role in transforming the republic to an empire. The Soviet Union also utilized great changes in its legal system to enforce change in the society. Another rather important contribution of law to societal change is China’s population control (Friedman, 2011; Edelman et al., 2010). With this historical view, many scholars agree on the fact that the law is a necessary and highly efficient means that for creating and leading change in the society. This aspect has been successfully applied to several areas of life that include in the education system, housing, social institutions, and racial relations (Licht, 2008). One of the key areas where the law has led to noteworthy social change is in shaping the operations of social institutions. Social institutions have a direct impact on the society and any significant contribution to the law that governs these institutions directly affects the society. On this aspect, the law takes two directions in shaping the operations of institutions, and this is through internalization and institutionalization (Guler & Guillén, 2010). Through institutional changes, the government and legislation are able to govern the literacy levels of the society, monitor and ensure employment opportunities are available, increase the labor skills of its citizens, and provide a fair ground for competition (Friedman, 2011). Most leaders would prefer social change that has been regulated by law as compared to societal change without the limitations of the law in place. Law has also been successfully utilized in enforcing societal change because of its legitimacy and binding force. In terms of legitimacy, the law creates a feeling of command that is often observed by the society without much question (Licht, 2008). This in turn creates an obligation, which everyone must follow or suffer the consequences. With such limitations and regulations, the society is more likely to be hospitable unlike in an environment where the law significantly lags behind social change. As we saw earlier, the growth and danger posed by cybercrime substantially affects the society and before the right laws and regulations are installed in place, a large portion of the society will have suffered(Hyman, 2013). The other important aspect of the law in shaping the society is its binding nature. Once a law has been passed, it automatically commands obedience, and it has become a norm that majority of the society will take it as an obligation (Edelman et al., 2010). Such are reasons that explain why the law will still be obeyed notwithstanding its implications for accepted morality. Individuals develop a bond with their affiliated institutions, and the risk of being alienated from these institutions is perhaps one of the key reasons why the law is used to create change from an institutional perspective. Researchers such as Newman (2011), Mendel et al. (2012), Lum et al. (2013), and Hughes (2010), all provide significant examples of what the society would look like with change and the law lagging behind. There are both positive and negative aspects to it, what matters the most is the speed at which the law catches on in order to control the newfound freedoms and loopholes. On the other hand, researchers such as Licht (2008), Friedman (2011), and Guler & Guillén (2010) also show how important the law should be used to shape the society. Despite the take from both sides, one element remains a fact and that is the societal change, and the law needs to go hand in hand, with more situations requiring the law to take precedence. References Edelman, L. B., Leachman, G., & McAdam, D. (2010). On Law, Organizations, and Social Movements. Annual Review of Law and Social Science 6, 653-685 Friedman, L. M. (2011). The Law and Society Movement. Stanford Law Review, 38, 763–780. Grana, J. S., Olenburger J. C., Nicholas M. (2001). The Social Context of Law. New York: Prentice Hall Guler, I., & Guillén, M. F. (2010). Institutions and the internationalization of US venture capital firms. Journal of International Business Studies 41(2), 185-205 Hughes, R. (2010). A treaty for cyberspace. International Affairs, 86, 523–541. Hyman, P. (2013). Cybercrime. Communications of the ACM, 56, 18. Licht, A. N. (2008). Social Norms and the Law: Why Peoples Obey the Law. Review of Law & Economics, 4(3), 715-750. Lum, T., Figliola, P. M., & Weed, M. C. (2013). China, internet freedom, and U.S. policy. Internet Censorship and Freedom in China: Policies and Concerns (pp. 1–28). Mendel, T., Puddephatt, A., Wagner, B., Hawtin, D., & Torres, N. (2012). Global Survey on Internet Privacy and Freedom of Expression. UNESCO series on Internet freedom (p. 144). Newman, D. (2011). Custom as a source of law. Commonwealth Law Bulletin, 37(3), 599-600. Smith, L. J. (2010). Space law: A Treatise. Space Policy. 69-70. Read More