POWER, INEQUALITY, AND THE LAW: A SOCIOLOGICAL PERSPECTIVE ON LEGAL SYSTEMS

AUTHOR – SIJAL SHRIYA, M.A SOCIOLOGY STUDENT AT VASANTA COLLEGE FOR WOMEN, BHU

BEST CITATION – SIJAL SHRIYA, POWER, INEQUALITY, AND THE LAW: A SOCIOLOGICAL PERSPECTIVE ON LEGAL SYSTEMS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (13) OF 2025, PG. 570-574, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

​This article provides a sociological critique of the law, challenging the classical liberal ideal of justice as an impartial and neutral arbiter. From a sociological perspective, the law is presented not as a transcendent set of rules, but as a dynamic, human institution that is deeply embedded within society. The article argues that the law is fundamentally entangled with the distribution of power and is a primary mechanism through which social inequalities are structured, maintained, and legitimized. It explores this argument by contrasting foundational functionalist theories, which view law as a tool for social solidarity, with conflict theories, which see law as an instrument of the dominant class. The analysis further deconstructs legal neutrality by examining critical theories, including Critical Legal Studies (CLS), Feminist Jurisprudence, and Critical Race Theory (CRT), as well as the concept of intersectionality. The article also investigates the practical mechanisms of inequality in the “law in action,” such as differential access to justice and the discretion of legal actors. Finally, it concludes by framing the law as a “double-edged sword”: while it serves as a tool of power, it is also a crucial site of social struggle and a vital tool for legal mobilization and resistance.

Keywords – ​Sociology of Law, Power and Inequality, Legal Neutrality, Conflict Theory, Critical Legal Studies (CLS), Feminist Jurisprudence, Critical Race Theory (CRT), Intersectionality, Access to Justice, Legal Mobilization