The Law and Social Change Essays - 1605 Words

The legal system we abide by has generally served its purpose by providing order and justice in most situations that need legal obedience. However, on the premises of producing social change, the system has not proven to bring changes in society. Perhaps justification for this is explained by Clarence Darrow who argues that the law applies to and favors specific types of social classes. Robert Cover addresses how punishments from judges may counteract their purpose. Karla Fischer and her peers, along with Jackie Campbell’s â€Å"Walking the Beat Alone,† show how law has objectives to serve society, but do not supply social change and in fact hinder its progress. The film Eyes on the Prize portrayed the African American efforts in disobeying the†¦show more content†¦However, as it is, the legal system is in place and there are further examples and reasons to prove that it does not provide social change. In author Robert Cover’s, The Violence of Legal Acts , legal decisions are under the spotlight in terms of their effects. Cover explains that the process with which a defendant goes through is in itself fairly violent (Cover 222). Sure, punishments bring justice to crimes. However, in terms of social change, the law is just offsetting its purpose. One could argue that by punishing criminals for violent crimes, is changing society. It is not changing society, it is just putting criminals in jail and ignoring the reasons they did what they did. Instead of attempting to prevent their crimes, our legal system just puts the criminals in jails. Michael McCann writes, â€Å"Legal relations, institutions, and norms tend to be double edged, at once, upholding the larger infrastructure of the status quo while providing many opportunities for episodic challenges and transformations in that ruling order. (McCann 502-22)† Robert Cover’s argument can be applied to this because since legal punishments can often be counteractive, it pr ovides, â€Å"many opportunities for episodic challenges†¦(McCann 502-22)†Ã¢â‚¬  Instead of fixing the deeperShow MoreRelatedLaw as an Instrument of Social Change1546 Words   |  7 PagesINTRODUCTION For decades now law and society theorists have been preoccupied with attempts to explain the relationship between legal and social change in the context of development of legal institutions. They viewed the law both as an independent and dependent variable (cause and effect) in society and emphasized the interdependence of the law with other social systems. In its most concrete sense, social change means large numbers of people are engaging in group activities and relationshipsRead MoreLaw And Social Change : The Hollow Hope Essay1962 Words   |  8 PagesFiber-Ostrow 7 November 2016 Law and Social Change In his book The Hollow Hope, Gerald Rosenberg’s thesis concerning law and social change is that the courts are ineffective in creating significant social reforms. His main claim is that the courts are too weak to overcome their lack of constitutional rights, their apprehension to make unpopular rulings, and their lack of judicial enforcement powers (Rosenberg). In his view, Rosenberg assesses that under the right legal and social conditions these constraintsRead MoreThe Law Is An Effective Instrument For Creating Social Change1342 Words   |  6 PagesNikolay Makarenko 1001358657 Brenna Keatinge FINAL PAPER The law is an effective instrument for creating social change in society. 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