Introduction
Culture is traced to the origin of human life while laws emerged later due to human interactions. Hence, from the historical perspective, formulation and implementation of legislation usually adhere to the already existing culture. From this view, laws are primarily amended to control changes in culture. Rules cover all social and cultural institutions in human life such as family, property and individuals. This paper discusses culture as law and shows how the two elements are inseparable. The essay also focuses on the power of culture and law and how they relate. It leads to a conclusion that laws and culture are similar and totally integrated.
Every community has some cultural beliefs that it holds either from a traditional or modern perceptive. Contemporary cultures exist due to interactions or changes in social beliefs. Ideally, most people around the world stick to their customs, norms, and beliefs, which are used to judge them. This fact explains the existence of “family courts” in the United States and “sharia courts” among the Muslims. The primary question is how culture relates to law. Reid, et al. (1), insists that law is culture and that the two can’t be differentiated. Hence, laws are a reflection of the culture and at times, the cultures may overrule legislations. However, defining law may seem simple and a complete contrary of culture since it entails elements such as a constitution, judicial and prescribed guidelines of solving disputes.
Importantly, most clauses of the legislation have a component of culture. The law includes elements of culture in its provisions as unavoidable social context. Nevertheless, when one thinks of law and culture, there may seem to be a significant difference and a marginal similarity between the two. However, legislation and culture are practically related. For instance, playing games such as baseball in the United States is thought as a cultural practice with insignificant legal involvement. On the contrary, lawsuits challenging the exclusion of baseball from antitrust laws are considered as a legal act with no significance to culture. These thoughts are improvised since people fail to explain why culture and law are viewed differently yet they affect the game in almost a similar way. A keen view of these two situations shows a close interrelation between culture and law and how they affect each other when in action.
Law and society co-exist and depend on each other even though they have distinct players, procedures, and institutions. Ideally, the law is usually practiced through societal systems, and that is why law impacts and initiates social changes. Further, the law is built on social foundations like families, property, crimes, corporations, and even people. In that light, law and culture are entirely connected even though there may be constant advancements of the legislation. According to Borelli and Lenzerini (333), the “human dimension” and “natural dimension” are inseparable since indigenous individuals usually feel as if they are a part of the nature. Thus, implementation of laws doesn’t change the cultural perspective of human beings.
Notably, cultural changes lead to amendments of the law and not the opposite. Development of non-existence behaviors in the society pushes the government to implement new rules and processes for dealing with the behavior. For instance, the emergence of same gender marriage forced countries around the world to implement laws that govern the unions. Reid, Kern, et al. (13) argues that culture shapes the law, so the legislations of a particular nation are a reflection of the beliefs of that particular country. That accounts for the existence of different laws among states and countries.
Power of law
Culture makes individuals live within the law and adhere to its provisions. Also, people choose different paths in life, such as employment and relationships due to their culture. As individuals operate in these courses, they are guided by the law even when it seems less significant. Even the everyday actions such as sleeping and waking up appear as if a particular law is controlling them. Conversely, people tend to think of legal permissions as a culture rather than laws. Additionally, a relationship between individuals is more of culture, yet there are certain rules to guide these interactions.
Power of Culture
Most importantly, culture is powerful and may at many times prescribe what should be included in the legal laws. People face challenges when forced to adopt a rule that is against their culture or what they are used to. For instance, if people in a given country are used to driving at 50km/hr, implementing a law that advocates for a reduction or increase of the speed may not be possible since the citizens have a prescribed driving speed. Essentially, the particular country may at last revert to the previous law. Therefore, culture may be more potent than law in some circumstances.
Conclusion
There are a few differences between culture and law, but much evidence shows a close relationship between them. Also, evidence points that culture determines the formulation of the law, and that’s why different countries and states have varying laws. Evidently, the legislations of a country reflect its culture, meaning that cultures and law are inseparable. Additionally, changes in behavior lead to amendment of the existing law. This paper offers substantial evidence to support the idea that culture is also law, and one can’t exist without the other.
Works Cited
Borelli, Silvia, and Federico Lenzerini, eds. Cultural Heritage, Cultural Rights, Cultural Diversity: New Developments in International Law. Leiden: Martinus Nijhoff Publishers, 2012. Print.
Reid, John Phillip, et al. Law as Culture and Culture as Law: Essays in Honor of John Phillip Reid. United States: Rowman & Littlefield, 2000. Print.
