Efficacy of Law

On his way to a meeting, Mr. Mzee boards a matatu plying his route. The driver turns the music volume up which he complains. He is ignored and his continued “nagging” leads to ejection at the next stage. He arrives late for the meeting. Back home a new neighbor who is always playing loud music has refused to heed calls to cease the habit and argues that law will not stop him as it does not work.

With reference to the above scenario, discuss the efficacy of law as an instrument of social control, highlighting factors which act as barriers to change.

Law is the set of rules that guides our conduct and regulates human behavior in the society. Mostly it is enforceable through public agencies for example the government. Our relations with one another are governed by many rules of conduct—from important concepts of ethics and fair play to minor etiquette matters such as which fork to use and how to introduce strangers to one another. We obey these rules because we think they are right or simply because we desire the approval of others. It can also be defined as an instrument for attaining social order which is fundamental for the growth of a society, be it economic or political activities. Social order is generally peace, calm, lawfulness, lack of conflict and people doing what is expected of them. Law therefore comprises primary rules which can also be referred to as ‘duty imposing rules’.
Social control is methods used by members of a society to maintain order and promote predictability of behavior. Law is just but one form of social control. It also entails rules of behavior that should be followed by the members of a society. Some of the rules of conduct fall into the realm of good manners as the culture define them. As such they describe behavior that is socially desirable but not necessarily compulsory. Other rules of conduct are not optional and are enforced by laws. In complex, large-scale societies, laws are usually written down formally so