The Fragments of Law and Culture

Article by Carll Halls

The idea of law and culture is one that both perplexes and interests people around the world. Although many consider law as an irrelevant topic, it genuinely controls culture and is built by culture. Culture can be described as a necessity of life and is inherent in the way we live, while laws defend our fundamental liberty and let us achieve our aspirations. As culture changes, laws must be transformed consequently.

When it comes to democratic society, regulations are mediated by a congress, which is voted by the nation. Typically, the congress or legislature will follow the lead of the country’s citizens, while the court is impartial, so that if the legislature is at fault, it may be reprimanded by the courts. Thus, some individuals argue that the idea of law does not lie with the legislature, but it lies with the judicial branch of government.

Law is understood as the implementation of safety with cultural values, and the presence of culture often creates issues and conflict when law is being generated. Law can create the preconditions of its existence, and thus it can establish values that appear natural and necessary. Law is, in this sense, reformative, constituting the very tradition in whose service it purports to act. Society, thus, is not always averse to implementing law which appears to change culture in a way. In figuring out the nature of these law and culture clashes, society must establish the best method for implementing the laws while preventing cultural disruption.

Law can intervene into cultural issues in a large number of methods, ranging from felony sanctions at one end of the spectrum, to subsidies and tax exemptions at the other. These completely different varieties of legal action do not have the same consequences. Each legal action has its own reasons, and thus the justification for one kind of legal intervention may be insufficient or inapplicable when applied to a different sort of intervention.

Although law is exact and culture is less tangible, law and culture are connected. For example, though the law requires all women and men to be equal, in some countries you may find that wage discrepancies exist between women and men. This is most likely due to a cultural phenomenon and not due to a legal one. This shows how laws change as culture changes, but it may also be used as a method for changing cultural norms.

Also look at racial issues and repression. Though legally, companies cannot hire based on race, some individuals still have a cultural pre-disposition to do so. Only if people take the time and effort to act in accordance with laws will these issues correct themselves.

Educational establishments are sometimes the sparks of change in law and culture. Law students study about problems regarding justice, freedom, and culture. By discussing these subjects amongst themselves, their lecturers, and other citizens, they understand and change popular opinion on these topics. It is important to always study law and culture. Only then, will future generations be as successful as ours.