LAW AND SOCIETY-

DLW 3103
LECTURER: MILLY KAWIRA KAMENCU
Week 1
INTRODUCTION
Definition of law
- Different scholars and schools of thought offer various interpretations
and perspectives on the meaning of law. Here are a few:
1.Legal Positivism: Scholars like John Austin and H.L.A. Hart argue that
law is a set of rules imposed by a recognized authority, such as the
government. According to legal positivism, the validity of law is
determined by its source rather than its moral content.
2.Natural Law: This perspective, advocated by thinkers like Thomas
Aquinas and John Locke, hold the belief that there are fundamental
principles of justice and morality that are inherent in nature and can be
discerned through reason. Law, in this view, should reflect and uphold
these natural principles.
3. Legal Realism: Legal realists, including Oliver Wendell Holmes Jr. and Roscoe
Pound, emphasize the importance of understanding how law actually operates in
practice rather than relying solely on abstract legal principles. They argue that factors
such as judicial discretion, social context, and the impact of legal decisions on society
should be considered in understanding the law.
4. Critical Legal Studies: Scholars within this school, such as Roberto Unger and
Duncan Kennedy, critique traditional legal concepts and argue that law is inherently
political and reflects the interests of the powerful. They emphasize the need to uncover
and challenge underlying power dynamics and inequalities within legal systems.
5. Feminist Legal Theory: Feminist scholars examine how law has historically
perpetuated gender-based discrimination and inequality. They argue for a reevaluation of
legal norms and practices to address issues such as reproductive rights, gender violence,
and workplace discrimination.
- These are just a few examples, and there are many other perspectives and theories on
the nature and meaning of law within the field of legal theory and philosophy.
Characteristics of law:
- Laws are universal, flexible, man made, rigid,public, uniform, non-discriminatory, non,- retrogressive, fair,
authoritative, sanction based, interdependent, complex, enforceable and binding.
1.Rule-Based System: Law is fundamentally a system of rules and regulations that govern human behavior
within a society. These rules are established by legitimate authorities and are enforceable through various
mechanisms.
2.Normative Framework: Law provides a normative framework that defines acceptable conduct and
establishes standards of behavior. It sets out rights, duties, and obligations for individuals, groups, and
institutions.
3.Social Control: One of the primary functions of law is to maintain social order and regulate interactions
among members of society. It achieves this by providing mechanisms for resolving conflicts, preventing
harm, and deterring undesirable behavior through sanctions and penalties.
4.Legitimacy and Authority: Law derives its legitimacy and authority from its source, which may include
constitutions, statutes, judicial decisions, customary practices, and international agreements. The authority
of law is upheld through the recognition and acceptance of its legitimacy by individuals and institutions.
5.Flexibility and Adaptability: While law provides a stable framework for social order, it also exhibits
flexibility and adaptability to accommodate changing societal values, norms, and circumstances. Legal
systems evolve over time through processes such as legislation, judicial interpretation, and legal reforms.
6. Universality and Diversity: Law encompasses both universal principles and diverse legal systems that
reflect cultural, historical, and political contexts. While certain legal principles are recognized across
different societies, legal norms and practices vary significantly from one jurisdiction to another.
7. Hierarchy and Consistency: Legal systems often exhibit hierarchical structures, with higher-ranking
laws (such as constitutions) prevailing over lower-ranking ones (such as statutes or regulations).
Consistency and coherence within the legal framework are essential to ensure predictability and fairness in
legal outcomes.
8. Enforceability and Compliance: Effective law relies on mechanisms for enforcement and compliance.
This may involve the role of law enforcement agencies, courts, administrative bodies, and other
institutions tasked with upholding and applying the law. Compliance with legal norms is influenced by
factors such as legitimacy, social norms, incentives, and sanctions.
9. Public Interest and Justice: Law is oriented toward promoting the public interest, ensuring justice, and
protecting the rights and welfare of individuals and communities. Legal systems aim to achieve fairness,
equity, and accountability in the administration of justice.
10. Instrument of Social Change: Law serves as a tool for promoting social change and addressing
societal challenges. Legal reforms can contribute to advancing human rights, promoting equality,
protecting the environment, and addressing emerging issues in areas such as technology, health, and
globalization.
Laws can be classified in various ways based on their nature, source, function, and jurisdiction. Here are
some common classifications:
1.Substantive Law vs. Procedural Law:
• Substantive law defines rights, duties, and obligations (e.g., criminal law, contract law).
• Procedural law governs the process of enforcing substantive law (e.g., rules of evidence, civil
procedure).
2.Public Law vs. Private Law:
• Public law deals with relationships between individuals and the state (e.g., constitutional law,
administrative law, criminal law).
• Private law governs relationships between individuals or entities (e.g., contract law, property law,
tort law).
3.Civil Law vs. Criminal Law:
• Civil law regulates disputes between private parties (e.g., contracts, property, torts).
• Criminal law concerns offenses against the state, with penalties ranging from fines to
imprisonment or capital punishment.
4.International Law vs. Domestic Law:
• International law governs relations between sovereign states and international organizations.
• Domestic law (also known as municipal law) is the law of a particular state or country.
5. Common Law vs. Civil Law:
• Common law systems derive their principles mainly from judicial decisions and precedents (e.g.,
England, United States).
• Civil law systems rely more heavily on statutory law and codes (e.g., France, Germany).
6. Statutory Law vs. Case Law:
• Statutory law is enacted by a legislative body (e.g., statutes, regulations, ordinances).
• Case law (also known as precedent or common law) develops from judicial decisions and
interpretations of statutes.
7. Moral Law vs. Positive Law:
• Moral law refers to principles believed to be universal and inherent in human nature (e.g., natural
law).
• Positive law refers to man-made laws established by society or government.
8. Administrative Law:
• Governs the activities of administrative agencies of government. It includes regulations,
decisions, and rules created by administrative agencies.
9. Constitutional Law:
• Focuses on the interpretation and application of a country's constitution, including the
fundamental principles and structure of government.
Definition of society
- Society encompasses a broad and complex array of human interactions, relationships, structures, and
institutions that collectively form the fabric of communal living. Here's a comprehensive breakdown:
1.Social Interactions and Relationships: At its core, society refers to the interconnectedness and
interdependence among individuals. This includes various forms of relationships such as familial,
friendships, professional connections, and broader community ties.
2.Culture and Norms: Society embodies the shared beliefs, values, customs, traditions, and norms that
guide behavior within a particular group or community. These cultural elements shape how individuals
perceive the world, interact with one another, and interpret social phenomena.
3.Social Structures and Institutions: Society is organized into various social structures and institutions
that regulate and coordinate human activities. These include government, economy, education, religion,
family, and healthcare systems, among others. These structures provide frameworks for governance,
resource distribution, socialization, and collective decision-making.
4.Social Order and Governance: Society establishes mechanisms for maintaining social order and
governance, including laws, regulations, social contracts, and informal social controls. These
mechanisms ensure coherence, stability, and predictability within the social system.
5. Social Change and Dynamics: Societies are dynamic entities characterized by continuous change,
adaptation, and evolution. Social change can be driven by various factors such as technological
advancements, cultural shifts, economic transformations, demographic trends, and political movements.
6. Social Stratification and Inequality: Societies often exhibit patterns of social stratification and
inequality based on factors such as class, race, ethnicity, gender, age, and ability. These disparities
influence access to resources, opportunities, and social status within the community.
7. Collective Identity and Solidarity: Society fosters a sense of collective identity and solidarity
among its members, fostering a shared sense of belonging and mutual obligation. This collective
identity may be expressed through symbols, rituals, ceremonies, and collective actions.
8. Global Interconnectedness: In an increasingly interconnected world, societies are part of broader
global networks and systems of interaction. Globalization has profound implications for economies,
cultures, politics, and social relations, blurring traditional boundaries and reshaping societal dynamics.

- Understanding society involves analyzing these various dimensions and their intricate interplay. It
requires studying social phenomena from multiple perspectives, including sociological, anthropological,
psychological, economic, political, and historical lenses. Moreover, society is not a monolithic entity
but comprises diverse communities, subcultures, and social groups, each with its unique characteristics
and dynamics.
- Law does not operate in a vacuum. It has to reflect social
values, attitudes and behavior.
- Societal values and norms, directly or indirectly, influence law.
Law also endeavors to mold and control these values, attitudes
and behavioral patterns so that they flow in a proper channel.
- It attempts either to support the social system or to change the
prevalent social situation or relationship by its formal processes.
- Law, therefore, can be perceived as symbolizing the public
affirmation of social facts and norms as well as means of social
control and an instrument of social change.