Sunteți pe pagina 1din 4

Philosophy

 “love of wisdom”
 An activity people undertake when they seek to understand fundamental truths about themselves,
the world in which they live, and their relationships to the world and to each other.

 the discipline concerned with questions of how one should live (ethics); what sorts of things exist
and what are their essential natures (metaphysics); what counts as genuine knowledge
(epistemology); and what are the correct principles of reasoning (logic) (Wikipedia)

 investigation of the nature, causes, or principles of reality, knowledge, or values, based on logical
reasoning rather than empirical methods (American Heritage Dictionary)

 the study of the ultimate nature of existence, reality, knowledge and goodness, as discoverable by
human reasoning (Penguin English Dictionary)

 the rational investigation of questions about existence and knowledge and ethics (WordNet)

 the search for knowledge and truth, especially about the nature of man and his behavior and
beliefs (Kernerman English Multilingual Dictionary)

 the rational and critical inquiry into basic principles (Microsoft Encarta Encyclopedia)

 the study of the most general and abstract features of the world and categories with which we
think: mind, matter, reason, proof, truth, etc. (Oxford Dictionary of Philosophy)

 careful thought about the fundamental nature of the world, the grounds for human knowledge, and
the evaluation of human conduct (The Philosophy Pages)

Metaphysics

At its core the study of metaphysics is the study of the nature of reality, of what exists in the world, what it
is like, and how it is ordered. In metaphysics philosophers wrestle with such questions as:

 Is there a God?
 What is truth?
 What is a person? What makes a person the same through time?
 Is the world strictly composed of matter?
 Do people have minds? If so, how is the mind related to the body?
 Do people have free wills?
 What is it for one event to cause another?

Epistemology

Epistemology is the study of knowledge. It is primarily concerned with what we can know about the world
and how we can know it. Typical questions of concern in epistemology are:
 What is knowledge?
 Do we know anything at all?
 How do we know what we know?
 Can we be justified in claiming to know certain things?

Ethics

The study of ethics often concerns what we ought to do and what it would be best to do. In struggling with
this issue, larger questions about what is good and right arise. So, the ethicist attempts to answer such
questions as:

 What is good? What makes actions or people good?


 What is right? What makes actions right?
 Is morality objective or subjective?
 How should I treat others?

Logic

Another important aspect of the study of philosophy is the arguments or reasons given for people’s
answers to these questions. To this end philosophers employ logic to study the nature and structure of
arguments. Logicians ask such questions as:

 What constitutes "good" or "bad" reasoning?


 How do we determine whether a given piece of reasoning is good or bad?

Law

 The law is a system of rules that a society or government develops in order to deal with crime,
business agreements, and social relationships. You can also use the law to refer to the people
who work in this system. (Collins Dictionary)
 Rules of conduct approved and enforced by the government of and over a certain territory (Legal
Dictionary)
 A mechanism for facilitating and regulating interaction between autonomous entities."
 A command proceeding from the supreme political authority of a state, and addressed to the
persons who are subjects of that authority."( The Science of Law (1885) British jurist Sheldon
Amos)
 A rule of ... conduct prescribed by the supreme power in a state, commanding what is right and
prohibiting what is wrong."( William Blackstone)

Philosophy of Law

Philosophy of law, also called jurisprudence, branch of philosophy that investigates the nature of law,
especially in its relation to human values, attitudes, practices, and political communities. Traditionally,
philosophy of law proceeds by articulating and defending propositions about law that are general and
abstract—i.e., that are true not of a specific legal system at a particular time (e.g., the United Kingdom in
1900) but of all legal systems in the present or perhaps of all laws at all times. Philosophy of law often
aims to distinguish law from other systems of norms, such as morality (see ethics) or other social
conventions. Views about the nature of law often depend upon, and occasionally have contributed to,
answers to some of the most-fundamental philosophical questions—for example, regarding the
foundations of morality, justice, and rights; the nature of human action and intention; the relations
between social practices and values; the nature of knowledge and truth; and the justification of political
rule (see political philosophy). The philosophy of law is therefore an integral part of philosophy more
generally.

Society’s need for Law

The law is important for a society for it serves as a norm of conduct for citizens. It was also made to provide
for proper guidelines and order upon the behaviour for all citizens and to sustain the equity on the three
branches of the government. It keeps the society running. Without law there would be chaos and it would
be survival of the fittest and everyman for himself. Not an ideal lifestyle for most part.

The law is important because it acts as a guideline as to what is accepted in society. Without it there would
be conflicts between social groups and communities. It is pivotal that we follow them. The law allows for
easy adoption to changes that occur in the society.

Society is a ‘web-relationship’ and social change obviously means a change in the system of social
relationship where a social relationship is understood in terms of social processes and social interactions
and social organizations. Thus, the term, ‘social change’ is used to indicate desirable variations in social
institution, social processes and social organization. It includes alterations in the structure and functions of
the society. Closer analysis of the role of law vis-à-vis social change leads us to distinguish between the
direct and the indirect aspects of the role of law.

1. Law plays an important indirect role in regard to social change by shaping a direct impact on society. For
example: A law setting up a compulsory educational system.

2. On the other hand, law interacts in many cases indirectly with basic social institutions in a manner
constituting a direct relationship between law and social change. For example, a law designed to prohibit
polygamy.

Law plays an agent of modernization and social change. It is also an indicator of the nature of societal
complexity and its attendant problems of integration. Further, the reinforcement of our belief in the age-old
panchayat system, the abolition of the abhorable practices of untouchability, child marriage, sati, dowry etc
are typical illustrations of social change being brought about in the country trough laws.

Law is an effective medium or agency, instrumental in bringing about social change in the country or in any
region in particular. Therefore, we rejuvenate our belief that law has been pivotal in introducing changes in
the societal structure and relationships and continues to be so.

Law certainly has acted as a catalyst in the process of social transformation of people wherein the dilution
of caste inequalities, protective measures for the weak and vulnerable sections, providing for the dignified
existence of those living under unwholesome conditions etc. are the illustrious examples in this regard.
Social change involves an alteration of society; its economic structure, values and beliefs, and its economic,
political and social dimensions also undergo modification. However, social change does not affect all
aspects of society in the same manner.
While much of social change is brought about by material changes such as technology, new patterns of
production, etc., other conditions are also necessary. For example, as we have discussed it before, legal
prohibition of untouchability in free India has not succeeded because of inadequate social support.

Nonetheless, when law cannot bring about change without social support, it still can create certain
preconditions for social change. Moreover, after independence, the Constitution of India provided far-
reaching guidelines for change. Its directive principle suggested a blueprint for a new nation. The de-
recognition of the caste system, equality before the law and equal opportunities for all in economic, political
and social spheres were some of the high points of the Indian Constitution.

The Relationship between Law and Society

Theorists have traditionally maintained that there are certain broad views on the substantive criminal law.
One set of such constraints concerns the sorts of behaviour that may legitimately be prohibited. Is it proper,
for example, to criminalize a certain kind of action on the grounds that most people in one’s society regard
it as immoral? The other set of constraints which concerns what is needed in order to establish criminal
responsibility that is liability, independently of the content of the particular statute whose violation is in
question.

Legal system reflects all the energy of life within in any society. Law has the complex vitality of a living
organism. We can say that law is a social science characterized by movement and adaptation. Rules are
neither created nor applied in a vacuum, on the other hand they created and used time and again for a
purpose. Rules are intended to move us in a certain direction that we assume is good, or prohibit movement
in direction that we believe is bad.

The social rules are made by the members of the society. Disobedience of the social rules is followed by
punishment of social disapproval. There is no positive penalty associated with the violation of rules except
excommunication or ostracism. On the other hand, law is enforced by the state. The objective of law is to
bring order in the society so the members of society can progress and develop with some sort of security
regarding the future. The state makes laws. Disobedience of state laws invites penalty, which is enforced
by the government by the power of the state. What is not enforceable is not Law.

Conclusion
Law is a system of rules and guidelines which are enforced through social institutions to govern behaviour,
wherever possible. It shapes politics, economics and society in numerous ways and serves as a social
mediator of relations between people.

If the harm is criminalized in legislation, criminal law offers means by which the state can prosecute the
perpetrator. Constitutional law provides a framework for the creation of law, the protection of human rights
and the election of political representatives.

Administrative law is used to review the decisions of government agencies, while international law governs
affairs between sovereign states in activities ranging from trade to environmental regulation or military
action. The legal response to a given social or technological problem is therefore in itself a major social
action which may aggravate a given problem or alleviate and help to solve it.

S-ar putea să vă placă și