Law and Social Transformation

Class 3: Legal Liberalism : Reading Guide

These are points to think about, when you are doing the readings. As you do the readings,
come back to these pointers and make notes.These will form the basis of our engagement with
the readings in class.

1. Judy Fudge - What do we mean by Law and Social Transformation? (pp. 48-62, 18
pages)

a. Fudge quotes Brickey and Comack who state, "Law offers an important (although
by no means the sole) source for realizing substantive social change.” Coming
back to the discussion in the previous class, can you think of any instance in
India where law has affected social change? (p.48-49)
b. Sumner argues that liberal legal orders are important for a truly egalitarian
society. Do you agree? Do you think the law is the most effective tool for social
change? Alternatively, do you think social change has to come from below (Pg.
49-50)
c. Fudge claims that the Charter in Canada, far from guartenting social justice, has
actually been used to oppose labour movements. Can you think of a similar
example in India, where you think that the constitution has been used as a
source of oppression by the courts? (Pp.51-54)
d. “Ironically,.... the liberal rights guaranteed by the Charter provide another reason
for other agencies of the state (the legislature, executive and administrators) not
to do anything which will interfere with private activity.” Do you agree with this
statement in the context of India? Do you think the Constitution in fact hampers
social change as it protects the rights of the oppressor? Think of this in terms of
the debate on land reforms in India. (Pp. 54-60)
e. “Groups with opposing political agendas have evoked the same rights for
incompatible purposes. But an even more important limitation is the way in which
the assertion of bourgeois legal rights in the courts obscures the material and
social conditions which ground the struggle for social transformation.” ( Pp. 61-
62)

2. Ambedkar - Speech on the floor of the Constituent Assembly (Pp. 333- 340, 8
pages)
a. Ambedkar gives us 3 suggestions to maintain democracy. What do you think
about the 3 suggestions. Do you think they are relevant and useful suggestions
for the today’s time? (Pp. 333-340)

3. Kannabiran - The Saga of Impunity in The Wages of Impunity (Pp. 1-12, 12 pages)
a. In this chapter, Kannabiran gives a radical version of the failed liberal state
argument. He proposes that the State, and consequently State-made law,
actively works to defuse social transformation. Given the evidence that
Kannabiran has cited, do you agree?(Pp. 1-12)