TOOLS OF SOCIAL CONTROL VIA LAW

CONTENTS:

1.0       Introduction

2.0       Objectives

• Main Content
• What is social control?
• Techniques or Tools of Social Control

4.0       Conclusion

5.0       Summary

6.0       Tutor Marked Assignment

7.0       References/Further Reading

  INTRODUCTION

The divergence view within the legal–philosophers about the meaning of law notwithstanding, it is unanimously agreed by all that law is an instrument of social control, helping to maintain social order in a number of ways.

OBJECTIVES

In this Unit you are expected to know the following:-

• The meaning of social control
• The techniques of social control through law
• That there are similarities and differences between the different techniques,etc
• That Law is not the only instrument of social control

MAIN CONTENT

What is Social Control?

Social control is the control of social behaviour that is, behaviour that affects others. The 1999 Constitution of Nigeria has provisions for the exercise of rights as well as duties for its citizens. For instance, a person has the right to decide whether or not to work under certain conditions. If he chooses not to work, he cannot be forced by law to do so against his will. This is because nobody except perhaps himself and members of his household, are likely to suffer for his decision. Therefore, Mr. A’s decision to work and where to work to a large extent is not socially controlled, at least directly.  However, if Mr. A, driven by inordinate ambition attempts to steal the food or money of Mr. B, it then becomes the concern of the society to control his act or tendencies in the overall interests of the society.

Techniques or Tools of Social Control:

There are seven main techniques used in modern law, and these are:-

The Penal Technique:

When a person is alleged to have committed a crime, the victim instead of resorting to vengeance or self-help reports the matter to the police. The police who will decide whether or not to prosecute depending on the available evidence will then investigate the matter. In case the police decide to prosecute, the suspect is arraigned in the court where he will be given the opportunity to defend himself (fair learning).

However, if the prosecution succeeds in proving the guilt of the suspect beyond reasonable shadow of doubt, the offence depending on the nature, may attract the punishment of fine and or imprisonment or even death sentence, which is a form of elimination from the society. Thus, the aim of the Penal technique is to curb deviant behaviours in the face of the increasing wave of crime in the country ranging from petty stealing, assassination, robbery, advance fee fraud (419), bribery, corruption, electoral offences, drug pushing, etc.

The Grievance – Remedial Technique:

While the penal technique involves matters relating to public order or criminal law, the grievance remedial technique is applicable mainly in the area of civil law. The technique establishes some substantive rules, principles and standards, which create legal rights and duties, and defines the proper remedies in case of breach. It also provides for the enforcement of the rights and duties through the law court.

The remedies available to an aggrieved person are multifarious depending on the nature of the right that is breached and the circumstances of each case. Thus, the logical basis of this technique is that if adequate remedy is granted to the aggrieved person he is likely to be genuinely pacified and in this way the law would have succeeded in discouraging injustice or dissuading aggrieved people from taking law into their hands.

The Public Benefit Conferral Technique:

This technique is aimed at ensuring the upliftment of the welfare of the members of the society in the expectation that this will in the final analysis bring about order and peace.

This technique appears to be effectively used by the developing countries because they are always seeking to create more conveniences for their people. It is a known fact that the government of United States of America can send an Aeroplane to salvage the life of a single American who is trapped in another country in an emergency situation. In Nigeria, many programmes have been introduced at different times in different sectors of the economy aimed at alleviating the plight of the poor and underprivileged.

The Constitutive Technique:

This technique fosters social order by facilitating the pooling of efforts and resources together among a group or groups of people to achieve certain desirable social ends such as promotion of commerce, charitable, social and cultural objectives.

Administrative Regulatory Technique:

Under this technique, government agencies adopt regulatory standards; communicate them to private operators and takes steps to ensure compliance. The steps will usually include system of licensing, inspection, writing warning letters or revocation of license before the bringing of administrative proceedings, civil litigation or a criminal prosecution when necessary as the last resort.

Fiscal Technique:

Fiscal technique has been used in the modern times to discourage certain anti-social behaviours and thereby helping to bring about a measure of social order. Also, some taxes have been used ostensibly to redistribute income and bridge the widening social gap between the “haves” and the “have nots” in the country. Such taxes include the income tax and capital transfer tax. But the latter was abolished in 1997.

The Private Arranging Technique:

This technique operates in the area of civil law. What the private arranging technique does is for the law to provide a framework of rules, which will determine the validity of private transactions and then leave the individual with the option of arranging his private affairs the way he likes within the framework of the law. Two quintessence of private arranging are marriage and the making of Will. Marriage under the Marriage Act or in the Registry or under the custom or a combination of any two or all of the options.

CONCLUSION

In this Unit we have discussed various aspects of social control through law. Although there seems to be some ineffective in some of the techniques employed, yet it is quite likely that there is no viable option to it in controlling deviant behaviours in the society.

SUMMARY

We can rightly sum up that there are keen similarities and overlap between the different techniques, while the differences between each of the techniques should always be kept in mind. It is possible for the law to use more than one technique to achieve a particular objective. When legislation is being considered, the government must choose which technique or combination of techniques will best achieve its legislative purpose.

SELF-ASSESSMENT EXERCISE

Explain the techniques used in Social Control in modern law.

TUTOR MARKED ASSIGNMENT

What is social control and what techniques can be applied to bring about effective social control in our society?

REFERENCES/FURTHER READING

Okonkwo, C. O. ed., (1980) – Introduction to Nigerian Law, London, Sweet and Maxwell.

Sanni, A. O., ed., (1999) – Introduction to Nigerian Legal Method, Ile-Ife, Kuntel Publishing House.

Saith, E. M., (1938) – Political Institution, New York, D. Appleton Century.

Wade, H. W. R., (1971) – Administrative Law, Oxford, Oxford University Press.

Constitution of the Federal Republic of Nigeria, 1999.