INSTRUMENT AFFECT SOCIAL BEHAVIOR AND LAW MAKING
Various instruments are connected with the making process. The law-making process is a broad approach of the state and so it embodies various aspects. As many other disciplines are interlinked with the law and law mankind process. The instruments which has been regarded as affecting the law making process are as follows:-
- Media.
- Religion.
- Morality.
- Economic Structure.
- Political Structure.
- Societal Value System.
Morality:-
- As per the natural law school the concept of morality and law comes together.
- At the time of making law morality must be considered.
- Lon L. Fuller rightly stated that law and morality are inseparable and he also has distinguished morality as the morality of aspiration and the morality of duty.
- Legislation without moral principles has no importance and it should be based on morality.
- The issues of morality are normally decided by the conscience and it is understood that morality is something which comes natural to a person and society that influences the lawmaking process.
- In regard to determining morality as the influencing factor in the lawmaking process, we can access the Hart- Delvin debate as well.
- Article 13 of Constitution of Nepal has mentioned that no act shall be done which can breach public morality.
- However many practices have been prohibited by the laws such ss slavery system, sati system.
Economic structure:-
- To make the law is greatly influenced by the economy.
- The economic factor acts as a deterministic factor in the lawmaking process.
- The law describes the economic policy and structure of a country.
- Generally law acts as a tool to transfer economic principles into practices, for example:- the concept of liberalization, WTO related laws.
- The country manifesting it's economic structure as capitalist has the lawmaking with assessing such capitalistic essence whereas the country having socialist economic structure within a country focuses on having the laws promoting the socialism oriented economic structure.
- The concept of budget influences the lawmaking process and before making any legislation economic is considered.
- In the context of Nepal the prior requirement of authentication by the Finance Ministry is sought. Sometimes due to economic factors law is not made.
All of the aspects of progressive changes occurring in a state are based on economic factors. The economic factors like development, remittance, tourism do encompasses the economic structure and are interlink with lawmaking.
Political structure:-
- It is one of the most influencing factors in law making.
- The supreme law of the nation which is the constitution itself is regarded as a political legal document.
- The lawmaker at the time of making legislation derives its legitimacy through the constitutional provisions.
- The procedures of law making process differs from one country to another country by being based on their political structure.
- Along with this the policy of state is also different due to the ideology of its political structure.
Education:-
- It also inferences and affects the social behavior and law making processes.
- The educated law maker can make a systematic society by addressing the demand of people. T
- he rule of law will be mostly prevailed in the laws by educated law makers.
Media:-
- Media in present time is regarded as the 4th organ of government besides legislative, executive and judiciary.
- It checks the work of the government and ensures transparency.
- The general public with the help of the media became able to know about loss and raised the question of giving public opinion on any ongoing drafting of laws.
- With the help of the media , the public can question the government on its law making and can give their opinion in regard to tabled legislation.
Religion:-
- At the time of making laws, reason must be taken as an important aspect.
- Laws must create social harmony by balancing the essence of religion or religious factors otherwise it will be difficult to implement such laws in society.
- State should not favor any one particular religion while the making was. Legislations should not be made in a way that harms any religion.
- Article 26 of constitution of Nepal has given the right to freedom of religion, therefore religious factors should be balanced and it can be acting as a factor influencing law making.
Societal value system
- It reflects the society as a whole and the mindset of people of the society regarding how they behave.
- Lawmakers are supposed to be cautious in the lawmaking process.
Prepared and Edited By: Manish Rajak & Madhu Dahal
