The legal structures of a society lay the framework for the fair and equitable treatment of all individuals, and as a result, they define the concept of social justice. This can be partially explained by the principle of legal equality, which maintains that all individuals, regardless of their socioeconomic standing, should be treated in the same manner in the eyes of the law. Furthermore, the idea of procedural fairness is underpinned by the conviction that decisions should be based on fair and transparent procedures. Society must adhere to the principle of distributive justice for social justice worldwide. Social justice principle maintains that everyone should have the same fundamental rights and necessities despite their socioeconomic standing. This paper will address legal consciousness, sociology of law, and policy decisions in the field of law. However, the research showcases various law concepts from various published works and theories such as Mary and Jacob’s theory, Marx, Durkheim and Weber’s theory, and Foucault’s theory in addressing the issues.
Legal consciousness refers to people’s action and description of the rule of law. The people’s description of the law becomes patterned, stabilized, and objective. The definition is institutionalized becoming part of the material and discursive system that controls future’s meaning making of the law. Legal consciousness exists in a society, group or an individual making it a modifier of societies, groups, and individuals’ behavior. This is achieved by studying people’s political, economic, ethical, and religious views at the level of the society. Furthermore, legal consciousness evaluates the existing law bearing in mind the image of the desired or ideal law.
The legal system should strive to create an environment of fairness and impartiality, where all individuals can pursue their rights and interests without fear of discrimination or marginalization. The readings and theories covered in class, such as Max Weber’s theory of legal-rational authority and the Rule of Law, are strongly connected to the concepts of legal institutions and social justice. Weber’s concept of lawful objective authority, is predicated on the possibility that the real power of a state is determined by an arrangement of legitimately dynamic criteria and guidelines, as opposed to tradition. Weber argued that such a system was required for the modern state to function since it would provide consistency and predictability in the state’s actions as well as a rational basis for applying laws. Weber’s theory was that the modern state could not function without such a system (Heberle et al., 2020). The Rule of Law, which is closely connected to Max Weber’s concept of legal-rational authority, strongly emphasizes the need for logical compatibility of laws and regulations with one another, founded on rational principles. In this sense, law and order function as a safeguard against erratic behavior on the part of the state and contributes to the process of ensuring that accurate decisions are taken in accordance with consistent norms and with appropriate regard for the rights and liberties of people.
The sociology of law, led by Weber and Durkheim, indicates the impacts of the law to the society. Mathieu Deflem examines the major achievements of the field and demonstrates the value of the various ways in which sociologists study the structures and processes of law by bringing together theoretical and empirical themes. Deflem (2008), addresses both authentic and contemporary issues, from early hypothetical establishments and crafted by Weber and Durkheim, through the commitment of humanistic statute, to the improvement of current points of view to explain how sociologists concentrate on regulation.
The concepts are crucial to legal institutions and social justice because they serve as a foundation for appreciating the role of legal institutions in fostering justice and fairness. The concept of legal-rational authority highlights the significance of the state having a set of laws that are consistently applied, while the Rule of Law helps to ensure that the state will not make arbitrary decisions that are not based on rational principles (Heberle et al., 2020). This is accomplished through the Rule of Law, which aids and ensures the state will not make such decisions. Consequently, these concepts offer a conceptual framework for understanding the significance of societal and legal institutions in developing a just and fair society (Duignan, 2016). By establishing a system of legal-rational authority and adhering to the Rule of Law, the state can ensure that its laws and regulations are consistently applied and that the law protects citizens. In addition, the state can guarantee civilians protection by the use of the law.
Duignan, (2016) defines Legal consciousness as the state of being aware of the importance of the law in day-to-day life as well as the potential implications that could result from judgments made in the legal system. The first step is understanding how the law impacts our personal and communal lives and how we may shape and influence it. A legally conscious person is aware of the processes through which laws are formulated, implemented, and interpreted, as well as how these factors influence the lives of individuals and society (Duignan, 2016). People and society can make better decisions with this information, which enables them to hold those in power accountable and guarantee that the law is followed appropriately. Another component of legal consciousness is the realization that various people or organizations will be subject to different laws and that these laws will be implemented in various ways (Heberle et al., 2020). By knowing the differences in the legal application of various people or organizations, we can better understand the ramifications of the many laws and rulings made by the courts.
While investigating the relationship between people, society, and the legal system, there are a number of different ways that thinking about legal consciousness can be of use. Legal awareness has the enormous benefit of enabling people to critically evaluate the legal system and how it affects their lives (Steigemann, 2019). This is one of the many advantages of legal consciousness. This has the potential to promote public participation as well as support for the reform of the legal system. If people understand how the law relates to them and how the courts may understand their actions, then they can make decisions that are more informed and actively engage in determining the outcomes of legal processes (Deflem, 2008). This allows individuals to make more educated decisions.
Duignan, (2016) Argues that a more in-depth grasp of how the legal system deals with societal problems can also be gained by individuals and society through increased legal consciousness. If we know the rules and regulations that control the various areas of society, we will have a greater understanding of how the law can benefit some groups more than others, as well as the repercussions of legal decisions and reforms. Legal consciousness can play a role in the fight against discrimination and the protection of the rights of underrepresented groups by bringing to the attention of people and the larger society the potential repercussions that could result from their actions and choices (Duignan, 2016). If people are aware of how judicial decisions can affect individuals and society, it may increase the likelihood that they will think about the consequences of their actions and challenge discriminatory policies or practices.
Finally, legal consciousness can assist individuals and society in making more informed decisions about the legal system and its role in protecting individuals’ rights by recognizing the law’s impact on their lives and society as a whole (Pevtsova, et al., 2020). For instance, recent court decisions in the United States concerning same-sex marriage have brought to light the need for legal reform. By considering the repercussions of such decisions, individuals can increase their likelihood of supporting efforts to update and modernize the law to guarantee the protection of all individuals.
According to Duignan (2016), Legal consciousness is required to comprehend the relationship between the law, society, and individual people. If people know the law’s repercussions and how it relates to their lives, they may be more likely to participate in legal reform and challenge discriminatory policies and practices (Duignan, 2016). This may be the case, especially if individuals know how the law affects them personally. By considering the ramifications of judicial decisions, individuals and society can become better equipped to make decisions that are in everyone’s best interest.
According to the structural functionalist point of view, the norms, values, and structure of the society in which we live all contribute to forming our legal awareness (Merry, 1991). According to this point of view, an individual’s manner of life and financial situation are deeply entwined with their legal awareness, and the two are inextricably linked. Hence, it follows that an individual’s social position will play a particular role in forming legitimate awareness. This factor will be reflected in the individual’s attitudes and behaviours regarding the law.
Heberle et al. (2020) research indicated that middle-class families had a more favourable attitude toward the law than working-class families, which lends credence to the hypothesis that social position influences legal consciousness. Because of the educational and professional options available to them, people in the middle class are more likely to view the law as a tool that may be used to promote social justice (Duignan, 2016). This is since they are more familiar with the legal system. On the other hand, common people usually have limited access to a broad set of laws and view the law as a weapon for persecuting them. Their approaches to the law demonstrate this fundamental difference in their worldview.
For instance, persons who fall into the middle class are more likely to actively employ lawyers and other experts to seek their legal rights and mediate disagreements (Albiston, 2019). On the other hand, working-class members are more prone to settle their legal problems through informal ways and may be unaware of their rights under the law. This gap in legal consciousness has been related to the unequal distribution of power and resources in society, highlighting social status’s role in shaping legal consciousness.
A society’s social structure significantly impacts the development of its legal consciousness. From a structural-functionalist point of view, we can see that a person’s social position affects their legal consciousness (Steigemann, 2019). Those in the middle class are more likely to use legal services and tend to have a more positive attitude toward the law than those in the working class. Steigemann (2019) claims that this disparity in legal consciousness can be connected to the unequal distribution of power and resources in society, highlighting the significance of a person’s social position regarding its ability to influence legal consciousness.
Functionalism
Functionalism sees law as a tool for maintaining social cohesion and order. It sees legal institutions harmonizing people and the larger social system (Duignan, 2016). Legitimate standards and guidelines play out various capabilities, for example, giving design and direction to the social way of behaving and permitting people to resolve questions beyond the court. Because it provides a set of norms and regulations that assist in beneficially channelling behaviour, the law is viewed from this point of view as an instrument of social control. Law, according to functionalists, is necessary for maintaining stability and fostering shared values.
The tort law concept provides a framework for compensating those harmed due to another person’s negligence or wrongful act, which is one example of functionalism applied to the law (Pevtsova et al., 2020). Because it enables individuals to be held accountable for their actions and encourages individuals to take greater care of the consequences of their decisions, tort law is essential for fostering and sustaining a sense of responsibility within society.
Conflict
According to conflict theory, Albiston (2019) argues that the law is a tool of power and dominance that serves the interests of those in power. From this point of view, the law is viewed as a tool that the wealthy and powerful use to preserve their status and wealth at the expense of the powerless (Albiston, 2019). Conflict theorists contend that privileged groups utilize the law to safeguard their interests and advance their goals and that society’s fundamental power dynamics shape legal institutions.
Civil rights are one example of conflict theory applied to law. In areas like employment, housing, education, and public accommodations, civil rights laws guard against inequality and discrimination. According to conflict theorists, civil rights laws are used to challenge the majority’s power and safeguard the rights of the marginalized.
Interpretive
The interpretive hypothesis sees regulation as a result of human comprehension and understanding. Legal norms are viewed from this vantage point as outcomes of particular social, cultural, and historical contexts. According to interpretive theorists, the law is shaped by the individual values, norms, and beliefs of those interpreting it (Duignan, 2016). It is regarded as an interpretive process in which individuals interpret the law according to their assumptions and preconceptions.
The idea of environmental law is one example of how interpretive theory is applied to law. Many different interpretations of the same facts and data serve as the basis for environmental laws. According to Pevtsova et al. (2020), interpretive theorists, these laws are shaped by those who interpret them and have distinct perspectives. This prompts understanding of a similar regulation, which can prompt various results.
In general, legitimate organizations are fundamental for guaranteeing civil rights. Archived by legitimate consciousness, legal institutions study individual, group or community behaviours. As illustrated by the essay, this makes it easier for legal institutions to develop and maintain laws governing the communities. Legal institutions ensure everyone is treated fairly and equitably by providing access to fundamental rights and resources and shielding individuals from exploitation and abuse. Additionally, legal institutions are essential to achieving social justice because they serve as a forum for dispute resolution and safeguard vulnerable members of society, as illustrated by various theories and published works such as Mary and Jacob’s theory, Marx, Durkheim and Weber’s theory, and Foucault’s theory.
Furthermore, legal institutions are crucial in allowing individuals to access justice in various circumstances. These include providing access to courts and tribunals to resolve disputes and providing a legal framework for the impartial resolution of disputes. This means that individuals can seek redress promptly, fairly, and cost-effectively. Additionally, legal institutions create and enforce laws that protect vulnerable members of society, such as the elderly, the young, and people with disabilities, from exploitation and abuse. The above essay shows that social justice is an individual, group, community and government aspect for its full functionality and smooth running.
References
Albiston, C. R. (2019). Legal consciousness and workplace rights. In The New Civil Rights Research (pp. 55-75). Routledge. https://www.taylorfrancis.com/chapters/edit/10.4324/9780429060632-4/legal-consciousness-workplace-rights-catherine-albiston
Deflem, M. (2008, February 28). Sociology of law: Visions of a scholarly tradition. Google Books. Retrieved March 27, 2023, from https://books.google.com/books/about/Sociology_of_Law.html?id=SbAlmQEACAAJ
Duignan, B. (2016, November 25). Social justice. Encyclopædia Britannica. Retrieved March 24, 2023, from https://www.britannica.com/topic/social-justice
Heberle, A. E., Rapa, L. J., & Farago, F. (2020). Critical consciousness in children and adolescents: A systematic review, critical assessment, and recommendations for future research. Psychological Bulletin, 146(6), 525. https://psycnet.apa.org/doiLanding?doi=10.1037/bul0000230
Pevtsova, E., Pevtsova, N., Lavitskaya, M., Redkous, V., & Matveeva, E. (2020). Influence of migration processes in Europe on law and legal culture of the information society. In E3S Web of Conferences (Vol. 210, p. 17023). EDP Sciences. https://www.e3s-conferences.org/articles/e3sconf/abs/2020/70/e3sconf_itse2020_17023/e3sconf_itse2020_17023.html
Steigemann, A. (2019). The places where the community is practised: How to store owners and their businesses build neighbourhood social life (p. 325). Springer Nature. https://library.oapen.org/handle/20.500.12657/23167
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