ASSIGNMENT BY SUJETRI SATISH

09MBA053
The role of law in society:

In the words of Norman Redlich, Dean at New York University law school:

“It is our burden and our glory that we are expected to live by high
professional standard and earn a living at the same time. We do not have the luxury of the
clergy who can live in the temple and condemn the market place. We have to carry the
standards of the temple in the market place and practice our trade there. That is why a
country which questions its moral behavior inevitably questions its lawyers”

My understanding from the above paragraph:

In a society, the law of land has to strictly adhere to both economy

and ethical principle; it has to strike a balance. When law has too much emphasis on
ethical values it fails on the other hand when it focuses only on the “economy” it
deteriorates(to Machiavellian principle: any means is right if such means justifies
the end”),thereby the objective of working for the benefit of the society is lost.

What is a good measure for indicating the health and strength of a society?

A:

Values
L
a
w
&
et
hi
cs Law

Time
B:

Values
L
a
w
&
et Law
hi
cs

Time

My understanding of the graph:

When values and ethics line is significantly higher than law line(graph A)then
concepts of acceptable behavior are significantly higher than the standards which
the law imposes-the society enjoys good moral health.
If however the the gap between the two lines narrow (graph B) it
reflects greater dependency on law & decline in moral vigor.

Therefore we should always remember that, the law cannot and should not
provide the answer to all socioeconomic problems. Implemented by the political system,
the primary role of law is to articulate the pre established norms of the society. In the
words of Alexander Solzhenistyn:
“A society without any objective legal scale is a terrible one indeed. But a
society with no other scale but the legal scale is not worthy of man either…..Whenever
the tissue of life is woven to legalistic relations, there is an atmosphere of moral
mediocrity, paralyzing man’s noblest impulses…”this is because when there is such a
system the goal of every individual falls so low so as to get the most out of the system for
his/her own advantage.
Therefore only when there is a combination of an internalized value system
and external constraints can assure that individuals and institutions can act truly and
responsibly.
References:

Press release of address on “the role of law in society”by Harold M.Williams-

Chairman;United states securities and exchange commission
Address given in :”Legal aid society-Servant of justice award dinner” New York
April 23rd 1979
Definition1:
Norman redlich in his book,”The lawyers,the temple and the market place”-pg 200
Definition 2:
Alexander Solzhenitsyn-based on his Harvard talk “Western society” which is based on
“the letters of law”

ASSIGNMENT BY SUJETRI SATISH

09MBA053