Law and Social Change
In world where law and social change have always been interconnected with one another creating these template of rules and orders on based on the evolution and growth of our society but which came first? It could be taken and viewed as a cause and effect reaction where it occurs from the aftermath influence major public backlash from the public, which in needs modifications and adjustments, based on the dynamic behavior within the legal system. In a Social change requires the shift in the mindset of a collective party. It requires the norms of a culture to gradually change and progress as the values of the evolving society in order for change to happen.
Meanwhile Laws change over time as the society’s values evolve. Thus, when newer laws come about when values change in opposition; when laws get changed or get altered as people’s values develop. Laws create social change as social change creates law. Calavita argues that tension in the laws potential for promoting and hindering social change. One example she uses to explain her argument was the Brown v board of education where she goes on to state that. Before the 1960s the law segregated whites and blacks students to attend different schools despite living in the same district segregated all schools. This law split the community as a whole, which created much uproar from the public demanding a change in the policy, in which the law that would create equal opportunity equal education amongst colored people. This anger from the public would be heard in court, which soon eventually over turned the ruling allowing blacks to gain the same educational rights as white students would.
However with social change there are limitation and boundaries that can only go so far into truly making a difference within the law itself. Despite the court the overruling the segregated schools after Brown v Board there were still segregated schools in many parts of the United States mostly due to economic disparities of neighborhoods. So despite all the effort of the social change and adjusting the law the end results seemed like a failure through the eyes of Derrick Bell and many others as far as it limitation of the law. The article explains, “Courts can matter, but only sometimes” in my opinion translating into meaning that law is created by Congress or the Judicial leaders above implementing of these laws which rests upon powers of the public’s opinion. It states that since the court lacks enforcement powers the need for change is laid upon the will power of others public’s opinion in doing so.
The cause and effect of law and social change impact many things, which leads into my next argument how do those laws and social change play a role in the affordable health care act in 2010.