Law and Society

Paper Summary:

This paper examines how law and social change have been intertwined almost since the beginning of time and how sometimes, social changes have required changes in the law and other times laws have been created or changed to force changes in society. It discusses the belief by the Court that law should be used to cause social change and how this varies somewhat depending on the kind of case that is being decided. It also looks at the reciprocal nature of law and social change that is present using court cases as examples.

From the Paper:

"In Plessy, the Court seems very interested in making law that would cause changes in society. In the main argument made by the Court it is pointed out that, while separate but equal has been the law for quite some time, requiring black and white individuals to sit in separate cars on passenger trains is saying to black individuals that they are not good enough to sit in the same passenger car with whites. The court is quick to point out that, essentially, the law also is saying that white individuals are not allowed to sit in the same passenger car with blacks. However, because blacks have traditionally been the race that has been oppressed, the disallowing of them to share a passenger train car with white individuals stigmatizes them as being unworthy and inferior to white race. Whether or not to say are inferior or is not up to the courts to decide, but they do attempt to point out in their opinion that separation of blacks and whites does not equal equality. Equality was the intent of the law, but it failed when it forced blacks to refrain from sitting with white passengers, thus making them feel inferior to the white race (Plessy, 21)."

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