Does Law shape Society or Society shapes the Law?

Does Law shape Society or Society shapes the Law?
Name of the Student
Name of Institution
Course
Name of the Instructor
Submitted on
Does Law shape Society or Society shapes the Law?
Introduction
What is the law? The primary definition refers to the law as a formal set of rules and regulations set by a legislative body to ensure equality, rights, peace, and harmony in a society. It may also refer to institutions such as courts, legislative body and law enforcing agencies and to persons responsible for enforcing or acting accordingly like lawyers, judges, and police officers. Galanter (1983) conceptually elaborates upon this definition and writes that law is "a system of cultural and symbolic meanings [more] than as a set of operative controls. It affects us primarily through the communication of symbols – by providing threats, promises, models, persuasion, legitimacy, stigma, and so on". According to Levitsky (2015), "Law can be understood as a language for legitimating grievances, constituting identities, and for communicating meaning both within a movement and to elites and the broader public".
Thus, in the broader perspective, the law should be able to serve the purpose of an authority that not only safeguards the general interest of all but also creates fear and taboo to keep the society away from any deviations. However, in the context of present society, it seems that law falls short of this purpose. On the contrary, the very society law is supposed to regulate to have a greater influence on it.
Discussion
The question that needs to be answered is whether a law is able to serve the purpose for which it exists? Does the legal system of social impact it the way it should? It seems the answer is in the negative. According to Ewick and Sillby (1998), "research has shown how social networks, organizational resources, and local cultures shape both the written content and behavioral enactment of legality." In order to elaborate upon this argument, a case study of an Afro-American is presented as an example. Millie Simpson belonged to a humble working-class indebted by the favors of her White masters. She was wrongfully accused of running away from an accident scene, to which she pleaded not guilty. The judge allowed her access to an attorney who somehow never appeared before the court on her behalf. On her 2nd hearing, she was pronounced as guilty and accorded punishment of suspension of her driver's license and community service. When her employers got to know of this, they decided to help their housemaid and requested for reopening of the case and arranged for a lawyer for her. Since they were from an economically sound background and White, their request was granted, and on the next hearing, the same judge reverts his decision and acquitted her of her punishment. This is a classic example of the racial discrimination inherent in American society. In seeking help from her employers, Millie Simpson makes use of her 'extra-legal resources' to argue her stance before the courts. According to her employer, this was a classic case of American racism where "to get justice, a poor black woman needs a rich white lady" (Ewick and Sillby, 1998).
This case study leads to the question of what constitutes power. It seems that the social structures governed by social, economic, political hierarchies affect and shape the legal structures of the society. According to Karl Marx, society is divided into different hierarchies, based primarily on economic supremacy. Accordingly, the accumulation of wealth leads to political power and influence. Thus, economic power is the ultimate power that can influence and shape up the legal structure of a society.
Yet another case study elaborates upon this argument. Edelman (2018) narrates the case of Leopold vs. Baccarat Inc. Andree Leopold, a saleswoman and a victim of harassment, had filed a suit against Baccarat after being harassed time and again by her supervisor who had kept on bullying her over her appearance and age, suggesting that she wasn't "young and sexy". The supervisor was also accused of using the derogatory language for saleswomen generally. Expectedly as defense, Baccarat presented the anti-harassment policy of the company, which was not used by the complainant, and so she lost her case against the company. Despite h...