LAW AND SOCIAL CHANGE
CONTENTS
1.0 Introduction
2.0 Objectives
Main Body
Law as an instrument for positive change
The limitation of law in creating social change
Resistance to Change
4.0 Conclusion
5.0 Summary
6.0 References/Further Readings
INTRODUCTION
One enviable attribute of law is its ability to adapt to changing situations. Thus, the law is never static. This unit will therefore examine how law influences and copes with social changes. It will also look at the roles of a lawyer in that change. Instances of law and social changes in Nigeria will be given while limitation of positive legal influence in Nigeria will also be considered.
OBJECTIVES
This topic will examine the law in relation to the changes in society while at the same time analysing specific cases that have brought changes to the Nigerian polity such as the status of bank interests, the influence of ‘sacred cow’ legislation and cases, issues emanating from electoral law cases and the general issue of judicial activism. It will also deal extensively with societal change and the lawyers’ role in that change.
MAIN BODY
- Law as an instrument for positive change
The laws of Medes and Persians were said to be immutable; but unless a system is capable of adapting itself to changing conditions, it can only go the way of the Laws of the Medes and Persians. Adaptability is a condition necessary for the continued existence of a legal system. According to Lord Justice Scarman, ‘these challenges are not created by lawyers; they certainly cannot be suppressed by lawyers; they have to be met either by discarding or by adjusting the legal system...’ It is therefore for the law to meet new developments as well as challenges in the Society.
You are to examine the various ways by which changes may come within a legal system.
Some of these include (by) day-to-day adjustment of detail and tinkering with the instruments www.no trafficking.org/resources_int_tip_laws.htmwww.no‐ trafficking.org/resources_int_tip_laws.htmwww.no‐ trafficking.org/resources_int_tip_laws.htmused in legal reasoning; or by reform on a larger scale. The system itself may be changed, in which case the change may be constitutional or revolutionary. Other forces of change include: social evolution, computers, medical developments, change through disobedience, etc.
You are also expected to particularly refer to changes in Nigeria and how the law have( been able to adjust to meet such changes. One common example is the discovery, recently, of the heinous effect of climate change and global warming on the environment. Since this discovery was made, countries world over at state level and at international level have enacted legislation to take care of the effects of climate change on their environment.
Another notorious example is the recent growing trend of terrorism. Terrorism had been in use before now but it has become prevalent in recent years. Owing to this, the UN constituted a committee on terrorism and by way of resolution, made it compulsory for all member states to legislate on terrorism. The advent of computers has also brought about lots of changes, but the law has always been equal to the task. There are several other examples of these changes. You are to read the textbooks under further reading to aid your knowledge in this regard.
Self-Assessment Exercise (SAE) 1
To what extent is law a vehicle of social change? Give examples.
The limitation of law in creating social change
Despite the fact that law has been said to be the vehicle driving social change and meeting the new demands thrown up by such changes, there are also limitations of law in creating social change in Nigeria, just like elsewhere. There is the argument that the law is imposed externally in an almost coercive way. Today, people are characterized by a “crisis of confidence” and alienation from social institutions because of uncontrollable economic conditions. It is therefore argued that law is hardly the expression of those people’s will.
They argue further that few people participate in the formulation of laws and legislation.
One of the limitations of law as an instrument of social change is the possibility of prevailing conflict of interest. Other limitations related to the efficacy of law in social change include divergent views on law and the prevailing morality and values.
A very good example here is the Nigerian Evidence Act. The definition of a document as contained in that Act is far away from modern day reality. There are some documents that will not be admissible because they have not been specifically mentioned in the Act. The cause of this is legislative ineptitude by our parliamentarians and this constitutes a big limitation on legal-driven change in the field of evidence.
Also, despite the fact that corruption is on the increase in Nigeria, we still have not gotten it right to come up with up-to-the-task legislation that will discourage other corrupt leaders.
The laws as they exist now are such that permit plea bargaining, a situation where the rogue government officials will part with some of the loot and serve minimal jail term.
Government actions such as the above limit the ability of the law to create social change.
You are expected to embark on further readings to be able to appreciate other limitations.
Self-Assessment Exercise (SAE) 2
In what scenario can the law limit the extent of social change?
- Resistance to Change
Even though social change is a desirable phenomenon, we have seen, from our discussion above, that there are times when law will itself constitute limitation to attaining social change, and we did say that such limitation should not be attributed to the law, rather it should be attributed to the law givers.
You need to know that there are also cases where laws face resistance from members of the society who find different reasons for their resistance such as their values, customs, or even the cost of change and sometimes because people feel threatened by the change. The factors that are a barrier to change are separated into social, psychological, cultural, and economic factors and all are interdependent. For instance, vested interests change is opposed by individuals or groups who fear they will lose their power, prestige or wealth when the new law is introduced. A good example here is the Health Care Bill in America. Lots of health care operators resisted the passage of the Act and are still lobbying for its repeal after it hasbeen passed. The passage of the Nigerian Health Bill is also another example. Various stakeholders in the health sector have advised President Jonathan not to sign the Bill into Law and they vow to embark on a strike should he go ahead to sign the Bill. These are social and economic factors which serve as bases for people to resist social change.
Similarly, in highly stratified societies, people of upper classes oppose changes because they fear losing privileges over the lower classes. Some people resist social change on ideological grounds. These and several others are reasons why some people resist social change.
Self-Assessment Exercise (SAE) 3
Identify and discuss the various factors that may lead to resistance of social change by the society.
CONCLUSION
This unit intimates you on the roles played by laws in bringing about social change as well as in sustaining it. The limitations to social change are also examined together with resistance to social change.
SUMMARY
This unit has taken you through the following areas:
Law as an instrument for positive social change The limitation of law in creating social change Resistance to social change
REFERENCES
Dias, R.W.M., Jurisprudence, 4 th ed. (Butterworth & Co. (Publishers) Ltd, Boston) 415 – 448
Elegido, J.M., Jurisprudence, Spectrum Law Publishing, Ibadan, 1994, 373 – 390 Hon. Justice KayodeEso, The Lawyer and Society, Thoughts on Law and Jurisprudence, MIJ Publishers, Lagos, 1990 at 91
Hon. Justice KayodeEso, Towards Peace through Law, Thoughts on Law and Jurisprudence, MIJ Publishers, Lagos, 1990 at 67