Author : Md Wali Iftikhar, Advocate, Allahabad High Court Lucknow Bench
INTRODUCTION
Law is considered as one of the most imperative and strong pillar of civil society. Law not only enlightens about the basic rights of human beings but also use to centralise its focus on the basic duties of individuals. The concept and model of Law is furthermore propounded and also been described in the spiritual & holy books of different religions1. With the emergence of social and cultural transformation the shape of law has changing rapidly. In the ancient period and medieval systems King is considered to be the main adjudicator (Judge) of various judgements the final verdict is to be given in the name of the king. With the rise of British in India they have changed the judicial system2 and the courts came into existence, the law has taken the form of statutes, bills, and acts and after independence when the Constitution of India came into force and was drafted by B.R Ambedkar who was the chairman of the drafting committee, after that the law itself has got its significance and it is still available in the codified form. It is generally said and broadly accepted by several experts and jurists that social science is considered to be the main architect of law. Law is such a topic which is extensively interrelated to many subjects, whether is it commerce, science, life sciences and humanities and in case of Humanities which are also called social sciences is the prime base & source of law. The legal system operates according to its own nature but the character and personality of law is immortalised by the proper functioning and interrelation of social sciences in the study of law.
THE INTERRELATION OF LAW WITH SOCIAL SCIENCES
- Law with History: – History is the study of the past which gives an idea about the present; there is a close interrelation of law with history. History provides us with the exact design about law, what is law, why law is made and for what law is. History gives us the vital background in relation to the life history of human beings from the stone age till the present modern era. In short history and law can’t be separated just because, history is the most essential guiding factor in the study of law and legal systems because it traces the basic fundamentals of humanity and by the deep knowledge and understanding3 of history one can surely connects with the elements of law and the foremost example for the relation of law with history is clearly analysed by the “Historical School of Jurisprudence” which says that law is found not made and also illustrate the foundation and central origin of law and secondly there is legal history which is related to the historical civilization of society and tells us about the brief practices which are way back executed in the society.
- Law with Political Science:-Law and political science or in other words political theory is in itself an individual subject because law also deals with the administrative matters and political science illustrates the governmental regime and political systems. For example Rule of Law, Separation of Powers, Judicial Review, Organs of Government, Balance Of Powers they all are the basic exponents of law and also comes under the purview of political science and on the other hand the theories of state and the approach of Plato and Socrates combines the introductory structure of political science but it also has a relevance in the science of jurisprudence. So basically politics or political science interprets the law according to the political philosophy and the linkage of law with political science depicts the clear picturisation of administrative legal mechanism.
- Law with Sociology:-It’s been aptly said “That man is a social animal he can’t live without society’’. Law and sociology are the sailors of the same ship. Law is developed for the society which includes the general public and sociology is defined as a science of society furthermore society is governed by law that shows the inner connectivity between sociology and law. There is also a Sociological School of Jurisprudence which talks about welfare state and also about social duties, societal progress and interaction of human beings in social crowd. Law comes from sociology and it’s a basic part of sociology but law acts as a guiding factor because it is codified.
As well as it is equipped with specific sections on different subjects of law so it gives us an idea that how the situations use to be controlled which are generated or accidently resulted in the world and may harm the social order and the human race .It is generally accepted that sociology and law are the branches of the same tree and the attachment of both subjects will be fruitful for the indispensable application of laws in the times to come.
4.Law with Psychology:-Psychology is a behavioural science it is mainly related with the behavioural patterns of human beings. The field of psychology is very wide and it is also linked with criminal law on account of its existence with criminology and penology. Psychology is quite often termed as social psychology because it also deals with society in different ways and secondly as criminal psychology because abnormal psychology gives rise to criminality because abnormality has many facets every abnormal human is not a criminal but may gives rise to criminality as it defers from person to person .The study of human mind is the essence of psychology and humans may be negative or may be positive it depends .The structure of human body is in the command of human mind and mind can be destructive or creative .The theories of punishment like the deterrent theory, preventive theory, retributive theory, reformative theory are somewhere have a close tie and attachment to psychology .The activities of criminal behaviour which results in criminal conspiracy, abetment ,homicide, sexual offences, suicide ,mischief , violence ,road rage, child abuse, domestic violence etc, illustrate and describe the complete picture of psychology with criminal law. Last but not the least law and psychology both are the two different sides of the coin but are quite similar in many ways for example lawyers use to provide laws for justice and on the other hand criminal psychologists use to research on the reformation of criminals and the improvement of socio legal system .
5. Law with Ethics:-If there are no ethics there is no law ethics is the important branch of law4 even law comes from ethics. There is also a branch of ethics in law which is regarded as ethical jurisprudence. Ethics is referred as a moral value and on the basis of moral values laws are made and the main purpose of drafting and codification of law is the welfare and benefit of the society, if the law is against the general and basic norms of the society it won’t prevail further. As defined by the Natural School of thought, that law and morality are interconnected without morality there is no law because the basic function of law is to protect the rights of the citizens and if morality is not the essence of law then justice won’t be delivered in a proper manner as it needs to be.
6. Law with Economics:- Economics is equipped with a deep philosophy which gives rise and impetus to business laws .Economics5 is the science of wealth , and law speaks about the regulation and significance of wealth with the fundamental principles of legal systems and regulatory laws. In reference to law the study of economics focuses upon economic welfare, and how frequency of economic crimes and problems will be tackled. E –Commerce and Capital Markets also comes within the ambit and scope of economics .The subject matter of economics talks about the substance of money moreover money in simple forms often referred as wealth, assets, property etc and there are laws to control the misappropriation of wealth like Money Laundering Act, Indian Penal Code, Negotiable Instruments Act, Income Tax Act etc which are made in accordance with the situations of the country and to finish economic offences and white collar crimes. Economics is not only associated with trade, commerce and industry but it is aptly said that economics is the mother of all business laws because it is the correct philosophy on which the origin of Company Law, Law of Contract ,Commercial Laws, Laws relating to Intellectual Property ,Labour Laws etc rests upon. Law and economics have a same opinion that there will be greatest welfare & economic maximisation of people at large and on they both act as leaders in their own ways.
CONCLUSION
Social sciences and law are extraordinarily interconnected with each other. Law is a prolific shape of Social Sciences. It acts as an indicator of social change .Law also use to transform with Social Change and it is rightly said that for the accomplishment of social sciences law use to play an enormously imperative and crucial role. Law is embedded and engrained in the heart and soul of social sciences which creates a socio-legal network and also plays a very important part in modernization and social transformation of culturally civilised society.
FOOTNOTES
2. https://www.jstor.org/stable/184441?seq=1
3.http://blog.ipleaders.in/historical-school-of-jurisprudence/amp/
4.https://pdfs.semanticscholar.org/a0be/d7d7e6e846f782bd927d5fa1b104e625b78a.pdf
5.http://www.legalservicesindia.com/law/article/966/18/Law-is-a-form-of-Social-Science