Law and Society: Random Thoughts

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There is, a widespread feeling that the explosion of Scientific Knowledge and of its technological application which has taken place in recent decades has not been accompanied by an appropriately urgent, profound and continuous consideration of the implications thereof for human rights. It has been asserted that such a consideration has become the more urgent since new scientific discoveries now pass more rapidly than ever into practical application, and their implications for human rights are often unforeseen. Science being itself a part of culture, the Essential problem facing mankind in relation to scientific and technological progress, on the one hand, and the intellectual, spiritual, Cultural and moral advancement of humanity, on the other, is to decide on the appropriate two way Relationship which should exist between them. However, this relationship is not the same for all Times or all places. An Investigation of this relationship includes an examination of the impact, both beneficial and harmful, of recent scientific and technological developments upon the rights laid down in the Universal Declaration of Human Rights Such impact affects many such rights, either individually or in combination. The application of Policy Measures appropriate to the circumstances is an aspect of achieving the correct relationship between scientific and technological Progress and the intellectual, spiritual, cultural and moral advancement of humanity. Legal educational Policies should aim at a better understanding of Science on the part of the General public and a better understanding of humanity and the needs of the Society No doubt that many and varied measures have been taken on the national Level for the protection of human rights. Nevertheless there is a growing conviction that there is need for continuing assessment on the national level in order to assess possible side-effects and long range Effects of new innovations and to establish whether their advantages outweigh the discernible disadvantages, and for control over innovations with harmful potentialities. The above aspects along with others have been discussed in a suggestive manner in the present book One may hope that book will be useful to the readers.

SATISH CHANDRA (b. 1953) has a brilliant academic career. He acquired B.Sc., LL.M. (Gold Medallist) and LL.D. Degrees. He was awarded the "Chancellor's Medallist in Law." He has written about a dozen books and 35 research papers/articles on various aspects of law. He is on the Editorial Board of Indian Socio-Legal Journal. He is a life member of various institutions. He has completed various research projects financed by the UGC and ICSSR. A number of LL.D./Ph.D./LL.M. degrees were awarded under his supervision.

After completing his education, he started practice as an Advocate in Allahabad High Court. Later, he served as Law teacher in Bareilly College; Dungar (PG) College, Bikaner, M.D. University, Rohtak; H.P. University, Shimla. He was also a Visiting Professor in L.B.S. National Academy of Administration, Mussorrie, Internal Security Academy (CRPF), Mt. Abu; and various Institutes in Russia and Poland.

The Hague Academy of International Law, The Hague, had awarded a fellowship to Dr. Chandra. He was a Visiting Professor in the Institute of State and Law, Moscow. He was also the Consultant (Honrary) in the Constitution Review Commission of Zambia. He was appointed to the Sultanate of Oman as first legal Advisor too. Earlier. He has served as Director, Law Commission of India. He also made a contribution as Judicial Member, Income Tax Appellate Tribunal for more then a decade.

Presently, Dr. Chandra is a Judge, Allahabad High Court, Lucknow Bench.

Law is an instrument to regulate the society. Primary responsibility to enact the law is lying on the legislators who are the elected representatives of the people. Every legislature has to make laws and to keep laws from being made. The first of these, he and other representatives perform only with sweat, patience and remarkable skill in the handing of creaking machinery but they perform another function daily with ease and infinite variety. As the people have become more aware so the functions of legislature has also increased. Now every legislature is a law maker, a representative of his constituency, an observer of administration; a watch dog of the treasury, a partner in foreign relations; and a keeper of the legislative household It is worth to examine that how far legislatures are contributing for the upliftment of the society.

Apart from above, what type of government suited in a democratic society, how to resolve conflicts between the head of the State and head of the government are the other issues which need to be examined. In crime free society, the power of pardon by the head of the State and its use in the past is also been a topic for discussion. At the same time, it may not be out of place to mention that ultimate object of law is the welfare of the people and guarantee to their fundamental rights and freedoms. The interpretation of Part three of the Indian Constitution and international guarantee for basic human rights and freedom remains an interesting but debatable issue.

In the recent past, fast scientific and technological development has taken place. However, the maxim that science is a good servant but a bad master is true even today. Because knowledge and power can be used for good and evil purposes for mankind and systematic knowledge can be used for both i.e. good and evil. The modern scientist is working on the cutting edge of research which operates very much within a social framework. The creative impulse of scientist may be individualistic, but the infrastructure of advances modern science requires a vast and costly support-system of human resources, equipment and finance.

Originally, an individual after his birth, was confined to his family and was interested in the affairs of the family. Later, he became more concerned about those matters closest to him, especially in the neighbour. So, it was realized that for survival some group life is essential and for this reason the group has always taken a hand in the shaping and directing of the life of its individual members. From the very beginning, group life has had an important part in the creating of what we call human nature Down through the ages, the life of the individual has been circumscribed by an ever- expanding group life, and those individuals whose lives were not in accord with what was believed to be the best interests of the group were speedily killed, exiled or shut off from contact with their fellows. This constant weeding out process has tended to make man increasingly social. Naturally, it is the need of healthy group life to grow, and this growth exacts of the individual an ever-rising standard of social qualities. Often this group produces shifts in the stands and requirements of the group, so that what was once condemned or disapproved may later be encouraged and rewarded Today, because of the growing complexity of relationships and the increasing interdependence, group selection takes on new and more far-reaching characteristics But man cannot avoid group life which is widely known as social life.

All this group life is nicely interwoven into a system that we call society "any group of people untied together more or less closely by sentiments, ideals, traditions, customs, folk-ways, and mores which define the interests and purposes of the people belonging to that group Society, then, is the product of association, it is the fruit of group life. Society constitutes the whole fabric of group life and interrelationships-it is our social inheritance We are members of society to the same extent that we are affected by the utmost expansion of group life. "Self and society are twin-born, we know one as immediately as we known the other, and the notion of a separate and independent ego is an illusion.

Book's Contents and Sample Pages