The words culture and law have very different meanings according to any dictionary. In our day to day life, we understand culture as the rich, vibrant heritage of the society, the colours, customs and traditions, festivals, way of living, the civilisation, and the core of the society. By hearing the word culture we understand the diversity, language, food, social and religious customs and various other aspects of human life.
The culture of a country defines the social personality of a person and has a deep meaning in his life. Different countries around the globe have a vast variety of cultures with different languages, ethnicity, civilisation, etc. Society and culture affect the laws of a place as the laws are made for proper functioning of the society. Laws since the beginning of the time or since the origin of the state are made according to the needs and circumstances of the time. The laws are dynamic and change with time.
They are made for the protection of the man and for having a peaceful life. The laws improve society by developing a system that promotes welfare and eradicates social evils. To understand the laws and the reason behind them, the culture of a society is necessary to understand. The laws in ancient times made by the kings and the system of governments were based on the behaviour of the man, the civilisation, and the geographical conditions. Both law and culture are interdependent and interconnected with each other and play a crucial role in the life of human beings. The law of a country regulates and systematizes the social customs and forms them into uniform codes.
In ancient times, various scholars and political thinkers mentioned the existence of the state and the making of the laws according to the people living at that time and their civilisations. For instance in India, during the Vedic Era, the society was divided into classes based on the profession, and laws were made accordingly. The king of that time made laws for trade and business between different kingdoms, laws related to agriculture and farming, and varied currencies. People of that time were engrossed in different economic activities like agriculture, farming, cattle rearing, etc. Therefore, the laws were generally made related to these activities and for the protection of life.
During the Mughal Era and during the invasion of Islam laws were formed based on the Islamic culture and traditions, which included marriages, trade and commerce, food and security. There were both Hindu and Muslim personal laws for the people of India. During the British Era, laws were changed because of the invasion of the British and the development of English culture and language in India. The Britishers made laws according to their convenience. After independence, the laws were changed and a strong foundation for the legal system in India was formed which ensured the security of all the citizens of India. Even today, new laws are being formed according to the developing society.
The same pattern of change of law with the change in society has been noticed in world history. For instance, in City-State civilisations of ancient Greece, laws were made for mere protection of life and property of a man and gradually changed to a more systematic form of laws and codes. With the new emergence of the needs of man, a proper State was formed with systematic laws and trade and commerce. The culture and the way of living modified and developed the laws of the place.
Similarly, in other countries, the state and the laws developed gradually and the culture of the place played an important role in its development.
References :
- http://ccrtindia.gov.in/readingroom/nscd/ch/ch9.php#:~:text=On%20the%20other%20hand%2C%20all,that%20govern%20the%20citizen’s%20life.
- https://www.forbes.com/custom/2016/04/01/the-role-of-culture-in-international-law/
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