There is no singular nationality the world over, not governed by the rule of law. By this, I mean that there are rules put forth on paper, passed policies and constant revisions that highlight the necessary measures to do, what not to do and various retributions. However, what is on paper differs sharply from practice. More so, the laws seem to shield the wealthy and those in power while the disadvantaged are overlooked (Michael 1992).
According to Michael (1992), the law should be an instrument to foster positive social change within society. Moreover, such rulings and policies should have a direct effect that ripples down countrywide. An example is given of court decisions to desegregate in the 19 th Century case of Brown vs. Board of education. While the court ruled in favor of integration of African Americans in schools, they were still discriminated against in many institutions and elsewhere (Michael 1992).
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The danger in the positive evaluation of courts to benefit the previously sidelined minority groups gives rise to a sincere belief in law (Michael 1992). It presents law as an absolute concept that all individuals must follow and that aggrieved parties are sure to have their grievances settled by a court of law.
Law does influence society, and it should. For example, laws such as attaining driving licenses after training influence transport people in business to engaged qualified drivers. The roads are a bit safer as a result, and they are assured their cars are managed well. Likewise, society influences law because needs are dynamic and new policies have to be passed to manage them.
According to Emile's theory of law crime and punishment must exist within society and therefore the law is an indication of what is happening socially. People are driven to crime because of lack or engaging in high-risk behavior, and they must be discouraged from doing so through punishment. There is a gap that exists between the law and its practice because of various limitations such as independence of bodies of law, interference by government entities, etc. Therefore what you find within the constitution and what transpires are separate.
Legal consciousness seeks to understand how people view the law. It illustrates that law maintains its power over individuals over a significant amount of time because once people accept its necessity, they do not rival against it (Michael 1992). Law is known to be a creation of humans as everyday life demands it, depending on the behavior of a particular social group.
Reference
Michael McCann, “Review: Reform Litigation on Trial” Law & Social Inquiry 17:4 (1992): 715-719 & 730-741.
