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The Correlation between Law and Behaviour as Pillar of Human Society

TL;DR: The main relevance of the law is to direct the society to behave in a particular way or face corresponding sanctions as discussed by the authors, which is a mandatory cause of conduct accepted by members of a given society as established by the legitimate authority of that society.
Abstract: Man by nature is a gregarious being both in his body and mind. In other words, he likes to live in a community. This explains the hackneyed adage that no man is an island. Instead he is a victim of social inevitability as he must as a matter of necessity willy nilly live in a society with other human beings rather than in isolation. For any society to survive or even exist, it must inescapably anchor itself on law, which in turn governs the behavior of members of the society in question, as well as their relations, their rights and obligations. Law thus is a mandatory cause of conduct accepted by members of a given society as established by the legitimate authority of that society. When we talk about law and society, we are undoubtedly referring to a group of individuals bound together under a political organization, whose very existence is dependent on the quality of the law which has enabled that association to come into existence in the first place. Members of the society normally have an inherent interest in the preservation of both their individual welfares and that of the association.I am not trying to suggest that members of a society would robotically adhere to the laws in place. Far from that, the reverse is true. Just as the faces of all men are different, so are the members that constitute any human society. They each share varying behaviors ranging anywhere from submissiveness to delinquency. The main relevance of the law is to direct the society to behave in a particular way or face corresponding sanctions. The purpose of this paper therefore is to examine how human behavior is determined by law or relative to law, vis-a-vis the society, crime and punishment. It recognizes the enormous influence of any legal system on the behaviors of its citizenry, and asserts that law can through direct or indirect enforcement mechanisms either widen or contract the horizon of opportunities within which individuals can satisfy their sundry preferences.Inherent to the activities of any community, society or organization is a potential for order and disorder. When we are attempting to control something, we must acutely be conscious of what resists us. No society in the world however beautifully designed can function in an atmosphere of perfect harmony. With every human society constituted of people with different behavioral patterns, there is bound to be an element of disharmony at various facets of societal intercourse, which in turn necessitates law to act as specific social barometer. This consists of bringing about “the desired social conduct of men through threat of a measure of coercion which is to be applied in case of contrary conduct.” Hans Kelsen has asserted that a state is defined as a political organization only because the “political” element consists in nothing but “the element of coercion.” Another writer has succinctly observed that for there to be an organization or a society, there should be interaction, for there to be interactions there should be encounters, and for there to be encounters there should be disorder. In other words, order and disorder are effectively part and parcel of human society.
Citations
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DissertationDOI
18 Aug 2019
TL;DR: In this paper, the authors examined how the Japanese legal system has engaged with international legal frameworks to manage international parental child abduction and how this integrated legal system plays out in reality for Japanese people and others who come under its operation.
Abstract: Japan has long faced criticism for how it manages international parental child abduction cases. This thesis examined how the Japanese legal system has engaged with international legal frameworks to manage international parental child abduction and how this integrated legal system plays out in reality for Japanese people and others who come under its operation. Through case studies of abduction, the thesis examined concepts for a better legal process and revealed the broader social and philosophical shifts that both shape the legal landscape and determine how effectively Japan will be able to manage international custody issues in the future.

31 citations


Cites background from "The Correlation between Law and Beh..."

  • ...This connects to a core debate in classical legal philosophy that the goal of law is to shape the behaviour of those subject to it and that this is achieved through both direct and coercive means, such as punishment, and indirect means, such as the transformation of social norms and attitudes, manifesting as shaming behaviour and feelings of guilt upon contravention (see Kelsen 1941; Scott 2000; Forji 2010; Bilz and Nadler 2014)....

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Journal ArticleDOI
01 Oct 2022-Heliyon
TL;DR: In this article , a Moderated Regression Analysis was used to analyze survey data from 411 local government employees in West Java, Indonesia, and found a positive relationship between affective commitment and whistle-blowing.

1 citations

Journal ArticleDOI
TL;DR: In this article , the authors analyze the trends of legal regulation in the business activity under the conditions of new coronavirus infection and identify three main trends in the legal regulation of entrepreneurial activity in the framework of new socioeconomic realities.
Abstract: The purpose of this paper is to analyze the trends of legal regulation in the business activity under the conditions of new coronavirus infection. The dialectical method of research in conjunction with a retrospective and comparative analysis made it possible to identify three main trends in the legal regulation of entrepreneurial activity in the framework of new socio-economic realities. The increasing role of state regulation of entrepreneurial activity, based on the use of public and legal means, due to the need to increase state intervention in the activities of entrepreneurs is shown. The state support of business for the subsequent development of the economy and compliance with the social balance is also increasing. Accordingly, the social importance of entrepreneurial activity is growing. The pandemic has also intensified the digitalization of entrepreneurial activity, of transport companies, since many traditional forms of doing business are limited by the forced isolation of society. Individual means of digitalization, including the industrial Internet of Things, e-commerce, and smart contracts, have become most prevalent. Consequently, the pandemic cannot be viewed only as a negative factor, its impact on entrepreneurial activity also has a positive effect.
References
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DissertationDOI
18 Aug 2019
TL;DR: In this paper, the authors examined how the Japanese legal system has engaged with international legal frameworks to manage international parental child abduction and how this integrated legal system plays out in reality for Japanese people and others who come under its operation.
Abstract: Japan has long faced criticism for how it manages international parental child abduction cases. This thesis examined how the Japanese legal system has engaged with international legal frameworks to manage international parental child abduction and how this integrated legal system plays out in reality for Japanese people and others who come under its operation. Through case studies of abduction, the thesis examined concepts for a better legal process and revealed the broader social and philosophical shifts that both shape the legal landscape and determine how effectively Japan will be able to manage international custody issues in the future.

31 citations

Trending Questions (2)
How law helps society?

Law helps society by governing behavior, relationships, rights, and obligations of its members. It acts as a social barometer, directing behavior through enforcement mechanisms to maintain order and harmony.

How do laws affect people and society?

The paper discusses how law governs the behavior of members of a society and their relations, rights, and obligations. It asserts that law can influence human behavior through enforcement mechanisms and can widen or contract the opportunities for individuals to satisfy their preferences.