Law And Social Norms

Law’s Influence On Social Norms

The relationship between law and social opinion is delicate and dynamic. Landmark legal cases can significantly influence social attitudes and norms on a national and global scale. The opposite to this is also true, with changes in public opinions influencing updates to existing laws or the introduction of new legislation. It is a careful balancing act to ensure the legal system of a country represents its people’s interests while maintaining principles of justice and equality.

Legal Decisions In Shaping Social Norms

Outcomes of legal cases have the ability to cause shifts in public perception and behaviour. One such example is the UK indoor smoking ban, which came into full effect on 1 July 2007. Since its inception, people’s perceptions around smoking have changed and more people have decided to quit as the popularity for smoking declined. People also started to smoke less within their own homes. This phenomenon has led to a decrease in hospital admissions: both from smoking sufferers and from children experiencing effects of second-hand smoke.

In the 2015 landmark court case of Obergefell v. Hodges, James Obergefell and John Arthur James, together with other same sex couples, challenged state bans on same sex marriage. The case resulted in legalised same-sex marriage across the United States. It also caused a shift in social perception of the LGBTQ+ community, leading to increased social acceptance and normalisation.

Social Attitudes In Influencing Legal Outcomes

While legal outcomes can shape public opinions, the opposite is also true, creating a intricate and complex feedback loop. Changes in social attitudes can influence legislation to become more aligned with common views.
Sometimes these changes in public opinion take time, as was the case with the #MeToo movement. Originally started in 2006 by Tarana Burke to represent women survivors of sexual assault and harassment, the movement gained widespread global attention from a MeToo hashtag by actress Alyssa Milano in 2017. Within 24 hours, more than 12 million women had responded to the movement. In the wake of Harvey Weinstein’s conviction, many new laws and policies were updated, including the revision of several countries’ workplace sexual harassment policies and the update of internal policies by the United Nations.

Global Influences

Each country has its own laws which reflect different legal strategies and societal attitudes; this can be seen in the case of differing levels of drug decriminalisation, which vary significantly between countries. It is however possible for global attitudes to be changed based on specific country legal outcomes. This has been seen for example, in the spread of LGBTQ+ human rights across the globe, where legal and social changes in certain countries have been put in place off the back of pioneering legal decisions and shifts in social perceptions.

Challenges And Considerations

The feedback loop between legal changes and social perceptions is a delicate balance. Legal systems must strive to consider public pressure with the principles of justice and are in a constant state of reflection. They must also remain unbiased, especially to the pressures of social hierarchies and individuals in power who may influence legal frameworks towards their own causes.