Legal Change & The Reflection of Social Views
Written by Pariyakorn Petchrat
Introduction
Justice, fairness, truth, and equality— the values that make up a functional society; the values that make up the foundations of law. But when analyzing the way laws were implemented throughout the globe and throughout history, one may notice that law dictates not only what is right or wrong in black and white, but rather also reflects the views of that society and what that society deems right or wrong at that moment in time. In the end, Law is based on the morality of the society in which it resides, to quote author G. Sawyer of the Oxford Clarendon press: “The material content of a legal system has always been seen to reflect in some sense the needs and demands of societies, whether of all societies or a particular historically conditioned society or of a particular society considered as a type in a range of types.” Of course, he wasn’t the only author whose views align so with legal change and society; authors like Montesquieu, who was a significant figure in the philosophy of law.
There’s a certain type of sociology that is intertwined into the study of law, as, of course, law is a branch and a reflection of social values. It is something that ,whether by time, by trends, by views, or by movements, will influence legal change. It is not a bad thing, however, as legal change is the very human touch to the otherwise concrete and precise letter of the law. Those who want to understand the law rather than just study it, will also have to understand the context in which the law stands. The law is a regulation, a confine, and a definite line that punishes or rewards certain actions throughout human history, that much is obvious, but what many fail to see is that not only does the law influence human behavior, but human behavior also defines the law (to an extent).
Legal Changes Throughout History
The laws that stand in today’s society are the result of the interaction between the common law and the touch of human’s values. There is no doubt that legal change has happened many times throughout history; there is also no doubt that these changes were due to the shift in social values of that time period.
An easily distinguishable example would be one of the most prominent laws pertaining to civil rights and anti-discrimination was the civil rights act of 1964 which prohibits discrimination on the basis of race, color, religion, sex or national origin. Before this law, there was a time when discrimination was on the rise, when it was legal to commit microaggressions and hate crimes to minorities without repercussions or punishment. The most recognizable example would be that of the United States where slavery was not only legal, but common within society. Before we stood here today as hate crimes against minorities reduced, there was a shift in social views towards human rights of black and indigenous people and that, too, contributed to legal change and the implementation of laws against discrimination.
Legal changes did not happen without obstacles, however. As much as the law molded along with the ever flowing state of society, everything comes with obstacles. Take for example women’s suffrage and gender equality concerns. From the legalization of women’s suffrage in the United States in 1920, giving women in America the right to vote, to the legalization of same-sex marriage in Thailand in 2025, the law of gender equality has been ever changing and will continue to change to reflect society as it always has. As successful and as much of a common sense as it appeared to be now, the law allowing women’s suffrage didn’t pass very easily. In every society, there will be views in opposition to your own– especially in a topic as widespread as law and politics. There were men– even some women who suffered from internalized misogyny– who disagreed against women's right to vote. In the end, women fought for their right to vote and will continue for their equality in a patriarchal society. Even when the fight is over, the law still has to undergo several legal procedures to be implemented. It’s a long process, but a rewarding one.
Nothing comes without obstacles and nothing stays stagnant forever. When change is the process of taking steps forward, there will no doubt be a force that will try to push society backwards. That doesn't mean it’s not worth the fight, however, as coming out of the storm a reformed society is more rewarding than anything else.
Recognizing the Influence and Effectively Moving Forward
Legal changes in the past contributed a lot to the present times as we know it. However, the law is still not perfect– as everything is not– which is why the law will continue to evolve and change as long as society demands it. We, as part of society, have that power to demand a shift in the law, demand, against relentless opposition, for what we know are our values and ideals. The law is a reflection of our morality, and we’d best make sure that our morality is on the right side of history. There is a fragile line connecting development and traditionality, and it is society’s duty to make sure that the legal system remains relevant with the right balance of development and tradition. In the end, the law was made for us, it was made to protect us, give us rights and give us duties. We are the ones that will control it.
References
Lee, O. (1946). Social Values and the Philosophy of Law. Virginia Law Review, 32(4), 802–817. https://doi.org/10.2307/1068800
Legal highlight: the Civil Rights Act of 1964. (n.d.). DOL. https://www.dol.gov/agencies/oasam/civil-rights-center/statutes/civil-rights-act-of-1964#:~:text=The%20Civil%20Rights%20Act%20of%201964%20prohibits%20discrimination%20on%20the,hiring%2C%20promoting%2C%20and%20firing.
Notes, U. F. C. L. (2024, July 5). Relationship between Law and Morality. UOLLB First Class Law Notes®. https://uollb.com/blogs/uol/relationship-between-law-and-morality#:~:text=Law%20is%20based%20on%20morality,of%20a%20society's%20moral%20values.
19th Amendment to the U.S. Constitution: Women’s Right to Vote (1920). (2022, February 8). National Archives. https://www.archives.gov/milestone-documents/19th-amendment#:~:text=Passed%20by%20Congress%20June%204,decades%20of%20agitation%20and%20protest.
Thailand legalizes Same-Sex Marriage. (n.d.). https://thailand.prd.go.th/en/content/category/detail/id/52/iid/327229
Sawer, G. (1965). Law in society. Oxford: Clarendon Press.
Shackleton, & Robert. (2025, February 11). Montesquieu | Biography, Spirit of the Laws, Separation of Powers, Books, & Facts. Encyclopedia Britannica. https://www.britannica.com/biography/Montesquieu
Watson, A. (2001). Society And Legal Change 2Nd Ed. Temple University Press.
