LAW AS A CHANGE AGENT:
The function of law is that of social engineering and this perception has been accepted by all the civilized countries of the world including Nigeria. The concern of law as an instrument of enhancing economic and Social Justice has widened to the extent that there has been a growth of a variety of laws touching almost every aspect of human life.
Law, is considered not as an end in itself, but as a means to an end. The end is securing of social justice. Almost all theorists agree that law is an instrument of securing justice.
LAW AS EVIDENCE OF CHANGE IN THE SOCIETY:
Law and Society emerges from the belief that legal regulations and decisions must be understood in its context. Both law and the society have common understanding. They are never autonomous in their context. In other words, law is deeply embedded within a society. It therefore implies that law is socially and historically constructed to become legally recognized procedures and institutions and besides that, law needs a society for its effectiveness and usefulness.
The origin of Law dates back to the creation of man in the Garden of Eden. From the Biblical account, as soon as God created man and placed him in the Garden of Eden, the almighty God, the Sovereign of the entire universe commenced the process of legislation by promulgating laws to regulate life even in the Garden of Eden.
In Genesis 2:15-17, the Scriptures stated as follows:
…..“15 And the LORD God took the man, and put him into the Garden of Eden to dress it and to keep it. ….”16 And the LORD God commanded the man, saying, of every tree of the garden thou mayst freely eat.
…..”17 But of the tree of the knowledge of good and evil, thou shalt not eat of it: for in the day that thou eatest thereof thou shalt surely die.” ( KJV)
In this unique passage, the Lord Almighty commanded the man, who stood now as a public person, the father and representative of all mankind, to receive law, so that man might know that there was a Sovereign Lord above him, to whom he owed his allegiance and obedience. Some Bible scholars and commentators have boldly asserted that there was nothing inherently evil in the prohibited tree of the knowledge of good and evil, for no reason was given for the prohibition, but a sentence of death was stipulated as the punishment for disobedience.
According to the great Bible Commentator, the Reverend Matthew Henry, the fruit of that tree was evil only because it was forbidden.3It is widely believed that the positive command was given by the Sovereign God simply to test their fidelity and loyalty.
As society progressed, the process of law making became a sine qua non to ensure tranquillity in the system. With human interactions, conflicts are bound to arise hence the need for a system of mediation and resolution of disputes. This is where Law plays a significant role in the day to day affairs of society. The absence of law would invariably plunge the society into what Thomas Hobbes called a state of nature where everyone would be against everyone. The stark reality is that today’s society is a heterogeneous mix of all kinds of people who try to destabilize the balance of the natural society and this is where the law find its strength in restoring the balance in society to enable people to coexist in harmony. There are different branches of the Law which govern the society at all different levels.
Law as a Social change has been defined as the way human interactions and relationships transform cultural and social institutions over time, having a profound impact on the society.10 Social change is a concept many of us take for granted or don’t really even understand. No society has ever remained the same. Change is always happening.
THERE ARE TWO DIMENSIONS TO THE CONCEPT OF LAW AS AN INSTRUMENT FOR SOCIAL CHANGE:
The laws bringing in a change in society; and the society bringing in a change in the law. With regards to the society bringing about a change in the law, this is a common phenomenon.
Naturally, the Society would facilitate changes in the law, as the need arise. Laws are made by the society according to its requirement by its democratic institution i.e. the Legislature.
One of our revered jurists, Hon. Justice Chukwudifu Oputa, JSC (Rtd.) of blessed memory observed thus:
“We in the third world countries are faced with all the staggering problems of change, change in our general level of education, change in our standard of living, change for the better in our economy and our industries, an appreciable change in our health delivery services, a positive change in our level of political awareness and in our understanding of the true tenets of democracy and the inner spirit of tolerance which is the strength of that institution, change in practically all and every department of life in our country. Law must adapt itself to the demand for change and in the process of change, act as a catalyst.
And it is the Nigerian lawyer who should feel the compelling need for these changes. The lawyer should be part of the society and should feel the compelling need for these changes. Our law must ensure more justice for the poor and underprivileged members of our society.”
I will close with the immortal words of His Lordship, Hon. Justice Chukwudifu Oputa JSC (Rtd.) of blessed memory: “The 21st century lawyer should be thoroughly aware of the essential role of law in the social experiment.
He should always remember that law has social accountability not only in terms of what it says but also in terms of what it does.
It is a truism that no political programmer, no social reform, no economic reconstruction can be undertaken effectively and successfully without the support of the law and the legal system.
We therefore need, but definitely and more certainly, a breed of lawyers and judges who are capable of inducting the inputs of law into development planning and the normative thrust of development into our system of law. Unless this is achieved, our law cannot become an effective instrument of sociology and development and, what may be even worse, our future lawyers cannot fulfill their social functions, nor discharge their duties to the building of a nation where no man is oppressed, and so with peace and plenty Nigeria may be blessed.”